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HomeMy WebLinkAboutCity Council - 04/17/1984 EDEN PRAIRIE CITY COUNCIL AGENDA ,dESDAY, APRIL 17, 1984 7:30 PM, SCHOOL ADMINISTRATION BLDG. COUNCIL MEMBERS: • Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen • CITY COUNCIL STAFF: City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Co•m unity Services Robert Lambert; Director of Public Works Eugene A. • • Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 27, 1984 Page 709 III. CONSENT CALENDAR A. Purgatorx Creek Recreation Aria Draft Master Plan (continued from Page 724 March 27,T84) B. Final Plat approval for The Preserve Commercial Park 3rd Addition Page 726 (Resolution No. 84-89) C. Approve plans and specifications for signals at Flying Cloud Drive Page 729 and Shady Oak Road, I.C. 52-057 (Resolution No. 84-93) D. Clerk's License List Page 730 E. Approval of funds for YMCA/Storefront Youth Action Counselor Page 731 IV. PUBLIC HEARINGS A. T.N. 212 ALIGNMENT OPTIONS ' Page 732 B. FEASIBILITY REPORT, UTILITY IMPROVEMENTS FOR CARMEL ADDITION AND Page 736 VICINITY, I.C. 52-059A (Resolution No. 84-90) '1 \ C. FEASIBILITY REPORT, UTILITY AND STREET IMPROVEMENTS FOR BRYANT LAKE Page 737 r , OFFICE TECH CENTER, I.C. 52-053 (Resolution No. 84-91) ° ` D. TAX INCREMENT FINANCING DISTRICT NO. 7 (Resolution No. 84-94) Page 740 V. PAYMENT OF CLAIMS NOS. 13045 - 13308 Page 766 JI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS R COMMUNICATIONS c `' • A. Parade Permit. Request from Eden Prairie Lion's Club Page 773 City Council Agenda Tues.,April 17, 1984 VIII. ORDINANCES & RESOLUTIONS A. Final approval of Municipal Industrial Development Bonds in the amount Page 776 of $1,750,000.00 for BBS Partners Project (Resolution No. 84-76) B. Minnegasco Franchise Ordinance No. 35-84 • Page 779 IX. REPORTS OF OFFICERS, BOARDS& COMMISSIONS A. Reports of Council Members I. Evaluation Review Form B. Report of City Manager C. Report of City Attorney D. Report of Director of Public Works 1. Regional Mutual Aid (Resolution No. 84-92) Page 780 X. NEW BUSINESS XI. ADJOURNMENT. _ rr� • • • ji • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 27, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson. George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Fran Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recor . • ing Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Jullie requested item III. B. 2nd Reading of Ordinance No. 58-B3, Crescent Ridge, rezoning of 26.6. acres from Rural and R1-22 to R1-13.5 and 20 acres from Industrial General and Rural to RM-6.5, with variances, for mixed residential development, Approval of Developer's Agreement, and Adop- tion of Resolution No. B4-01, approving Summary of Ordinance No. 58-33 and ordering the Publication of Said Summary of Crescent Ridge be continued to a date not certain because the Developer's Agreement has not been signed. MOTION: Bentley moved, seconded by Tangen, to continue item III. B. to a date not certain. Motion carried unanimously. • II. MINUTES A. Minutes of the Joint Meeting of the City Council and Planning Commission held Tuesday, March 6, 19B4 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the Joint Meeting of the City Council and Planning Commission held Tues- day, March 6, 19B4, as published. Motion carried unanimously. B. Minutes of the City Council Meeting held Tuesday, March 6, 19B4 MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, March 6, 19B4, as published. Motion carried unanimously. 1J9 City Council Minutes -2- March 27, 1984 III. CONSENT CALENDAR A. Resolution declaring cost to be assessed, ordering preparation of proposed assessment role and setting public hearing date for May 22, 1984 (Resolu- tionNo. 84-57) B. 2nd Reading of Ordinance No. 58-83, Crescent Ridge, rezoning of 26.6 acres from Rural to R1-22 to R1-13.5 and20 acres from Industrial General and T.F.f Ru—raal to RM-6.5, with variances, mixed residential development, Approval of Developer's Agreement, and Adoption of Resolution No. 84-01, approving Summary of Ordinance No. 58-33 and ordering the Publication of Said Summary of Crescent Ridge. Location: north of Highway 5 at the western boundary of Eden Prairie. - continued to a date uncertain. C. 2nd Reading of Ordinance No. 14-84, Primetech, rezoning from Rural to 1-2 Park and Office for 20 acres, Approval of Developer's Agreement, and Adop- tion of Resolution No. 84-48, Approving Summary of Ordinance No. 14-84 and Ordering the Publication of Said Summary. Location: west of Highway 169/212 and northeast of Shady Oak Road. D. 2nd Reading of Ordinance No. 18-84, Kinder Care Learning Center, rezoning from Rural to C-Regional Service, and adoption of Resolution No. 84-49, Approving the Site Plan subject to Specific Conditions. Location: north- east quadrant of Singletree Lane and Glen Lane. E. 2nd Reading of Ordinance No. 19-84, Edenvale Apartments, 2nd Addition, rezoning from Rural to RM-2.5, and adoption of Resolution No. 84-50, Approving Site Plan subject to Specific Conditions. Location: northeast quadrant of Baker Road and Valley View Road. F. Approval of Developer's Agreement for PUD Concept review for mixed resi- dential land uses on 150 acres for 525 units for Red Rock Ranch by Robert Mason Homes and Developer's Agreement G. Change Order #2, Creekridge Estates (Brookview Circle at CSAH 18), 1.C. 52-040 H. Receive feasibility report and set April 17, 1984, as Public Hearing date for sewer and water improvements to serve the Carmel Development and vicinity, I.C. 52-059A (Resolution No. 84-58) I. Receive feasiblity report and set April 17, 1984, as Public Hearing date for street and utility improvements to serve Bryant Lake Office Tech Center and vicintiy, I.C. 52-053 (Resolution No. 84-59) J. Final Plat approval for Arbor Glen 2nd Addition (Resolution No. 84-60) K. Final Plat approval for Preserve Commercial Park North, 2nd Addition (Resolution No. 84-61) L. Final Plat approval for Paulsen's Addition (Resolution No. 84-62) 110 • City Council Minutes -3- March 27, I984 M. Final Plat approval for Carmel (Resolution No. 84-63) N. Final Plat approval for City West Second Addition (Resolution No. 84-65) O. Approval of Recommended Agreement with IUOE, Local No. 49, for Calendar Years 1984 and 1985 P. Approval of i8-month extension of renewal date for Developer's Agreement for Sheraton Inn (Paul Thomas) Q. Accept bids for Staring Lake Trail Development, Phase II R. 2nd Reading of Ordinance No. 3-84, amending City Code Chapter 1 S. 2nd Reading of Ordinance No. 4-84, amending City Code Chapter 2 T. 2nd Reading of Ordinance No. 5-84, amending City Code Chapter 3 U. 2nd Reading of Ordinance No. 6-84, amending City Code Chapter 4 V. 2nd Reading of Ordinance No. 7-84, amending City Code Chapter 5 W. 2nd Reading of Ordinance No. 9-84, amending City Code Chapter 7 X. 2nd Reading of Ordinance No. 10-84, amending City Code Chapter 8 Y. 2nd Reading of Ordinance No. 11-84, amending City Code Chapter 9 Z. 2nd Reading of Ordinance No. 12-84, amending City Code Chapter 10 AA. 2nd Reading of Ordinance No. 13-84, amending City Code Chapter 12 BB. 2nd Reading of Ordinance No. 20-84, amending City Code Chapter II CC. Clerk's License List DD. Set Public Hearing date of April 17, 1984, for Tax Increment Financing District No. 7 MOTION: Bentley moved, seconded by Anderson, to approve items A and C through DD on the Consent Calendar. Motion carried unanimously. -iIl City Council Minutes -4- March 27, 1984 IV. PUBLIC HEARINGS A. EXTENSION OF 66TH STREET AND ST. JDHN'S DRIVE WITH THE TANAGER CREEK SUBDIVISION IMPROVEMENTS City Manager Jullie noted that although no Public Hearing is required, notices were sent to property owners within the general vicinity of these two road connections and notice of this Hearing was published in the Eden Prairie News. Penzel said Staff had been directed to review the potential of interconnect- ing neighborhood streets wherever reasonably possible; it appears feasible to connect both West 66th Street and St. John's Drive with the new City streets now under construction in the Tanager Creek subdivision. Director of Public Works Dietz noted the location of the proposed improve- ments and reviewed the traffic projections for the area. He distributed a letter from Audrey Strandberg relating to this Public Hearing (see attached.) Dietz explained the improvements which the County will make along Baker Road and the impact those improvements will have upon this sector of the City. He also indicated what the traffic counts are and what are projected. He stated that traffic from the Tanager Creek area would use Baker Road and West 66th Street rather than any interior streets. Penzel said this is the first project to be reconsidered of those areas where only one access exists; he said more than one access must be provided to a neighborhood. He noted he had received a phone call from John Palm, a St. John's Woods resident, who said he would prefer to see a shrubbed area rather than a connection on the south end of St. John's Drive. Peter Stalland, 6317 St. John's Drive, indicated he is an attorney and represents the St. John's Woods Homeowners. He stated that he felt St. John's Drive should stop where it does now; the timing is inappropriate to make the proposed connection. He said he felt the City Council is about to change its position and that is not good for the planning process. He also said the proposal is not good from the standpoint of traffic safety. Stalland said parking is a problem in St. John's Woods and the streets are used by the children as a play area. He also said the Eden Prairie Depart- ment of Public Safety has stated that areas with cul-de-sacs are safer and there are fewer incidents of crime -- the proposed connection would put a through street right in the middle of their neighborhood. He indicated there would be increased maintenance costs for the homeowners due to the need for sidewalks and curbing. He asked that the City Council retain its present position and not make the connection. Darl Tellefsen, 6365 St. John's Drive, vice president of the St. John's Woods Homeowner's Association, presented a petition signed by residents opposing the connection. He added that most residents had purchased town- homes with the idea that St. John's Drive would be a dead end. He said there are no sidewalks and residents use St. John's Drive as a walkway to get to the pool and basketball court; children use St. John's Drive to get to and from the school bus stop. -1 i City Council Minutes -5- March 27, 1984 Bentley said he felt if the City Council allowed each neighborhood to determine its own safety the City would be uncontrollable. ' Dietz said the connection of St. John's Drive to the south is desirable because the St. John's Drive has a temporary turn-around now and it is not a good area to turn-around and when Baker Road improvements are made the 122 units in St. John's Woods will not have access to Baker Road -- these are two of the reasons, from a public works standpoint, to encourage the connection. Susie Hummel, 6362 St. John's Drive, said she had contacted Hennepin County ' and had learned that bids should be let this year on the Crosstown exten- sion and at the same time improvements will be made to Baker Road. She indicated this traffic will have to have a place to go and expressed con- cern that it would be routed through St. John's Woods. She asked if it would be possible to have something put in place to slow down the traffic. Penzel asked if traffic would be routed through St. John's Woods when the improvements are made. Dietz said the City would not knowingly put a detour through here; he stated that Carlson Drive would more than likely be used as the detour. Bentley wondered since St. John's Drive is now a 1. private road would it be possible for the homeowners to shut off the road. Dietz said he did not have an answer to that question. Tangen suggested 1 St. John's Drive might be posted "no truck traffic" and for load limits. Hanley Anderson, 6581 Manchester Lane, felt that if the City Council is i going to reexamine connecting roads, the maps used during the presentations should be current maps. Penzel said the Council is aware of what has been developed in the area even though it is not indicated on the map. Anderson expressed concern about access to the school and park. Jan Anderson, 6591 Manchester Lane, asked when the traffic counts were taken. 1 Dietz said they had been done during the past week. Anderson said she did not think they were representative because there was no school due to i Spring vacation. Dietz said they had not been done previously due to weather conditions; while they might not show exact counts, they did give an indica- tion as to relative numbers. Anderson said she felt there is much more traffic on Kingston and Holly than indicated on the map. She said she was upset because the number of trips by her home will go from 0 to 500 per day. She asked if the homeowners would be assessed for the street improve- ments even though they did not want them. Dietz said this would probably come from the general fund although a formal decision has not yet been made. 1 Liz Engstrom, 6372 St. John's Drive, said her reasons for buying in St. John's Woods were because there was no traffic and she liked the safety of the neigh- borhood with the cul-de-sacs. She said the children can ride their bikes safely on the streets and walk to the pool. She said this connection will destroy their quality of life. She said she felt property values would go down. Engstrom said she is adamantly opposed to the connection. . -i1s • • City Council Minutes -6- March 27, 19B4 Woodrow Bjork, 14302 Stratford Road, said he felt there were two issues: I) concern on the part of public safety to provide services and 2) concern on the part of parents who send their children to school on roads which are heavily travelled. He said he wished the City Council weren't so against knock-down barriers. He felt a precedent has been set in opening up areas, He asked that the Council please look at how these areas are used and by whom; and that the concerns of the neighbors be weighed. Redpath noted the problems posed in the Winter months with the Kingston/ Golfview hill and the Holly hill. He said people in King's Forest were opposed to the Golfview connection at the time that was made. Ken McCorkell, 6381 St. John's Drive, said there would be extreme danger to the children residing in St. John's Woods if the connection were to be made. He suggested it would be better to make the improvements to Baker Road prior to having the connection south on St. John's Drive. Fenzel noted 8aker Road is a County Road and the City does not have much to say about the timing of county road projects. Mikhail Khalip, 6334 St. John's Drive, asked how the figures used in the traffic projects were determined. Dietz reviewed the methodology used and noted that the predominant direction travelled in Eden Prairie is to the northeast (80% of the traffic goes in that direction.) Councilman Anderson said he lives in the King's Forest area. He said he fought to get sidewalks in the area and has seen several serious accidents on Holly Road. He expressed concern about children at the park connected to Forest Hills School. He said he was also concerned about getting up Holly Road hill in the Winter. He said he felt traffic needs to be dispersed and the connection should be made at this time. Bentley said Eden Prairie has developed in a checker board manner which has resulted in problems when the area in between developed areas is to be developed. This presents the City with the opportunity to connect one neighborhood to another but is resisted by the residents. He said there are public safety issues to be considered which will not be taken care of with knock-down barriers. He said he did not see any great detriment or attribute to the St. John's Woods connection; he sees a need for the West 66th Street connection. j. Tangen said he has always recognized and supported connecting neighborhoods during his term on the City Council and would continue to do so. He said he can appreciate the feelings of the neighborhood residents but can see the need for such connections in terms of public safety. He said he does not consider these connections to be a detriment to the neighborhoods but rather a benefit. a Redpath said the City is faced with the need to connect neighborhoods for the public safety, health and welfare of the residents -- this is something which must be done. C City Council Minutes -7- March 27, 1984 Councilman Anderson asked Dietz how long this road has been proposed. Dietz said the West 66th Street and St. John's Drive connections were both indicated on the plats for those developments. Planning Director Enger said the through streets were stubbed to the property lines. Penzel said problems have incurred with situations as they are. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to recommend the Council continue with its present policy of connec- ting neighborhoods wherever and whenever possible. Motion carried unani- mously. B. PRAIRIE CENTER BUSINESS PARK by Opus Corporation. Request for Planned Unit Development Concept for 17.4 acres for three office/warehouse build- ings. Location: southeast quadrant of West 78th Street and Prairie Center Drive. (Resolution No. 84-34 - PUD Concept Approval) -- continued from March 6, 1984. City Manager Jul lie said Planning Director Enger had met with the pro- ponents and had worked out certain revisions to their conceptual plan plus development guidelines which were included in Enger's memorandum dated March 22nd. Michelle Foster, Assistant Director of Planning and Governmental Affairs for Opus Corporation, reviewed what had been determined in meetings with the Planning Staff. She indicated that Opus felt it had responded to the City's concerns which had been expressed at the last meeting. See attached letter of March 20, 1984, which includes Design Guidelines. Planning Director Enger noted the revised plans are in line with the recommendations of the Staff Report (February 1984) and Planning Commis- sion recommendations. Bentley said the guidelines as worked out now are a vast improvement from what had been presented to the Council earlier. John Keefe, attorney representing the fee owner, Feeder's Inc., referred to his letter of March 14, 1984 (see attached), and indicated Feeder's support of the Opus request. Bentley asked Keefe whether or not Mr. Hyde had taken part in the Purga- tory Creek Recreational Area Study meetings. Keefe said he did not know. Bentley said the Feeder's property was a vital part of that plan. Keefe indicated he would relate that to Mr. Hyde. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-34, PUD concept approval including the guidelines as submitted in the March 20, 1984, letter from Opus Corpora- tion. Motion carried unanimously. " a City Council Minutes -8- March 27, 1984 C. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF 3I,20-0 000.00 FOR VALLEY PLACE OFFICES ASSOCIATES (Resolution No. 84-36) City Manager Jullie stated notice of this Public Hearing had been published. Jullie said that due to the uncertainty of pending Federal legislation, Staff recommends that the Council amend the Resolution to provide for a review of this request prior to final approval. Chuck Garrity, proponent, said their bond counsel felt this would fall back on old legislation and would not have any bearing on the pending Federal legislation. City Attorney Pauly noted the problems and the dangers this refunding might present. He said he thought it would be prudent for the Council not to give final approval until Federal legis- lation is adopted. Bentley said he has serious concerns about approving bonds and having them sold prior to the time it was determined what effect this would have on the City. He said the questions raised cannot be answered until Federal legislation is adopted. Bentley said he would like to see the Council wait; preliminary approval could be granted but not final approval. Finance Director Frane said preliminary approval would allow the proponent to get the process started but would not obligate the City to give final approval. Pauly said he would suggest the Council add a proviso to the resolution which would indicate final consideration for approval would not be given until Federal legislation is determined as to the restrictions. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopted Resolution No. 84-36 as amended. Motion carried unani- mously. D. VALLEY VIEW MANOR HOMES by Sunrise Properties. Request for Zoning District Change from Rural to RM-6.5 and Preliminary Plat of 20 acres for 112 units in 14 condominium buildings. Location: north of Valley View Road, ; mile east of Mitchell Road. (Ordinance No. 21-84 - zoning and Resolution No. 84-51 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. David Hansing, consulting engineer, spoke to the proposal. Planning Director Enger said the Planning Commission had reviewed this request at its meetings on January 23, 1984, and February 27, 1984, at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated February 17, 1984. Director of Community Services Lambert noted this property is adjacent to a 37 acre park most of which is marshy. He said access to the park would be via sidewalks. The Parks, Recreation & Natural Resources Commis- sion had reviewed this and noted that there is no need for a tot lot. It also recommended that land be received in lieu of cash park fees so the woody knoll might become part of the park. • City Council Minutes -9- March 27, 1984 Tangen asked if there would be vehicle access to the park for park equipment. Lambert said there would be access off of Valley View Road. Penzel asked that the street names be different from those shown on the preliminary drawings. Bentley asked if there was adequate parking provided. Enger said that Staff had worked with the proponent and felt there was. Bentley asked if there were provisions for storm shelters. Enger said no provisions had been made. Bentley asked that Staff work to establish a policy on storm shelters. Penzel said this should be an amendment to the City Code. Bentley said Public Safety should probably be the department to look into this. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 21-84, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 84-51, preliminary plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations. Motion carried unanimously. E. PAULSEN'S 2ND ADDITION by Dirlam Development. Request for Zoning District Change from Rural to R1-95. for 6.3 acres and Preliminary Plat of 6.3 acres into 1B single family lots. Location: north of C.M. St. Paul and Pacific Railroad, south of Hidden Ponds Park. (Ordinance No. 22-84 - rezoning and Resolution No. 84-52 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and notices had been sent to property owners in the project vicinity. Peter Knaeble, engineer with RCM, addressed the proposal. Director of Planning Enger said the Planning Commission had reviewed this at its meeting on February 27, 1984, at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated February 24, 1984. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on March 19, 1984, and took no action as there were no park and recreation issues. Penzel asked where the road through Autumn Woods connects on the west with Dell Road. Enger said that connects just opposite the park road. Penzel said the connection to the west must be made. ill . City Council Minutes -10- March 27, 1984 There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 22-84, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-52, preliminary plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen to direct Staff to prepare a Summary Resolution of Approval as per Commission and Staff recommendations. Motion carried unanimously. F. GONYEA 3RD ADDITIDN. Request for Planned Unit Development District Review and zoning from Rural to RI-13.5, with possible variances, for 9.22 acres, and from Rural to R1-9.5, with possible variances for 3.85 acres; and preliminary plat of 37.19 acres into 33 residential lots and five outlots. Location: northeast quadrant of State Highway #5 and County Road i14. (Ordinance No. 23-84 - zoning and Resolution No. 84-58 - preliminary plat) City Manager Jullie indicated notice of this Public Hearing had been published and property owners had been notified. John Uban, Howard Dahlgren and Associates, represented the proponent q and addressed the proposal. Also present was Jerry Sunde, engineer for 1 the project. Director of Planning Enger noted this is the initial development stage of what had been approved as a concept in 1980. Enger said the Planning Commission had reviewed this request at its meeting on February 27, 1984, at which time it voted to recommend approval subject to the recommendations included in the February 17, 1984, Staff Report. Director of Community Services Lambert stated the Parks, Recreation & Natural 1 Resources Commission had reviewed this request at its meeting on March 5, I9B4, and had recommended that sidewalks be constructed on both sides of I. the north-south and east-west streets. Bentley asked about the timing of the design framework manual. Enger said this is to be accomplished prior to the first commercial rezoning request. Anderson asked what is to guarantee water in the ponding area. Director of Public Works Dietz indicated the proponent would be required to build an outlet structure. Penzel asked what uses are being proposed on these lots. Uban said in 1980 Perkins was interested -- that is no longer viable. He said there is a need for a high quality restaurant at that location. He stated nothing has been pinpointed; there is a need for elderly and/or multiple family housing. 117 City Council Minutes -11- March 27, 1984 Penzel said there is a need for turning lanes at the time the project is done. Dietz said the County has indicated it will redo the County Road 4/State Highway 5 intersection in 1986. The turning lanes will be installed at the County's discretion. He said if the City were to suggest that turning lanes be installed, the County might be willing to do so. John Riegert, 16319 Westgate Drive, said his dad owns Prairie Lawn and Garden and is concerned about the right-of-way on the east of this proposal. Uban said he anticipates there will be an office use on the east and access will be determined by the State Highway Department. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 23-84, rezoning of 13.07 acres from Rural to R1-13.5, with possible variances. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 84-53, preliminary plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution of Approval subject to recommendations of the Commis- sions and Staff. Motion carried unanimously. G. WELSH OFFICE PLAT. Request for Preliminary Plat of 4.72 acres for two lots. Location: northeast corner of Prairie Center Drive and West 78th Street. (Resolution No. 83-55 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dennis Doyle, Welsh Companies, spoke to the request. Director of Planning Enger said the Planning Commission had reviewed this request at its meeting on March 12, 1984, at which time it voted to recom- mend approval subject to the recommendations included in the March 2, 1984, Staff Report. MOTION: Anderson moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-55, approving the preliminary plat of Welsh Offices for Welsh Companies, Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 12634 - 12939 MOTION: Anderson moved, seconded by Bentley, to approve the Payment of Claims Nos. 12634 - 12939. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. { -119 • City Council Minutes -12- March 27, 1984 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. DOUGLAS INDUSTRIAL PARK by Douglas Skanse. Request for Preliminary Plat and Final Plat of 5.9 acres for two lots for I-5 use. Location: northwest quadrant of Washington Avenue and Valley View Road. (Resolution No. 84-54 - preliminary plat and Resolution No. 84-64 - final plat) It was noted the public hearing for this platting request was conducted at the March I2, 1984, meeting of the Planning Commission at which time it voted to recommend approval. Erlin Eckberg, architect, spoke to the request. Planning Director Enger reviewed the action taken by the Planning 7 Commission and noted its recommendation was subject to the recommendations included in the Staff Report dated March 2, 1984. Director of Public Works Dietz stated the preliminary plat and final plat are being acted upon at the same time because this is a very simple proposal. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-54, approving the preliminary plat for Douglas Industrial Park for Douglas Skanse. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-64, approving the final plat of Douglas Industrial Park. Motion carried unani- mously. B. PRESERVE COMMERCIAL PARK NORTH 3RD ADDITION by Eden Prairie Car Care Center. Request for Preliminary Plat of 2.8 acres for Car Care Center. Location: northwest quadrant of Priaire Center Drive and Highway #169. (Resolution No. 84-56 - preliminary plat) Ed Flaherty, proponent for the proposal, addressed the request. • Planning Director Enger noted the Planning Commission had reviewed this request at its March 26, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the March 16, 1984, Staff Report. He added that this had not been to the Board of Appeals and Adjustments yet. ' MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 84-56, • approving the preliminary plat of Preserve Commerical Park North 3rd Addition }. for The Preserve of Eden Prairie. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to continue the meeting to 12:30 a,m, ' Motion carried unanimously. '720 City Council Minutes -13- March 27, 1984 C. Request by Hennepin County for Approval of new location for Leaf Composting ( Operation City Manager Jullie noted a letter dated February 15, 1984, from Luther . D. Nelson asking the City to approve a site on the western edge of Flying Cloud Airport as the new location for the County's Leaf Composting Oper- ation. Jullie said this appears to be an acceptable location. MOTION: Redpath moved, seconded by Bentley, to approve the site on the western edge of Flying Cloud Airport as the new location for the County's Leaf Composting Operation. Motion carried unanimously. ; VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - reported that realtors have indicated the berm behind the homes 1 on Fieldcrest Road is the wrong height and this is why the homes adjacent t' to it are not selling. Planning Director Enger said a solution had been i arrived at last Fall; a member of the Planning Staff had been working with the owner of the building and the developer and it is anticipated more work will be done in that area this Spring. B. Report of City Manager ! i City Manager Jullie noted he has been talking with architects on a con- ceptual basis. Three or four architects have expressed an interest. He stated conceptual design work was authorized in the 1964 budget. City Manager Jullie reported that there will be a special meeting on the Highway 5/212 corridor. That will come to the Council for its review on f. April 17th. Jullie noted that there will be a dinner on April 24th at which time the Rotary will honor the top scholastic high school students in Eden Prairie. j The Council and their spouses are invited to attend this dinner which will be at the high school at 6:30 p.m. It was noted that Councilmen Anderson and Tangen will be out of the City for the April 17, 1984, meeting. There was discussion on what might be done to spread the work load since there seem to be a good number of public hearings coming up in the near future. MOTION: Anderson moved, seconded by Bentley, to set a special meeting i of the City Council for Tuesday, May 29, 1984, at 7:30 p.m. in the School Administration Building. Motion carried unanimously. City Manager Jullie stated there will be a Highway 5 Coalition meeting on Thursday at 11:30 a.m. at the Chanhassen Dinner Theater. Redpath and Bentley said they are planning to attend. 121 • City Council Minutes -14- March 27, 1984 C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. Five-year Capital Improvement Program for Eden Prairie Parks and Open Space i. Director of Community Services Lambert addressed his memorandum of March 22, 1984, in which the five year capital improvement program was outlined. MOTION: Bentley moved, seconded by Anderson, to authorize the Director of Community Services to apply for Lawcon grants for lighting the Round Lake ballfields. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to approve the Capital Improvements Program for 1984-1988 as presented. Motion carried unanimously. 2. Bryant Lake Surface Water Use Ordinance MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance No. 28-84, Bryant Lake Surface Water Use Ordinance. Motion carried unanimously. a' 3. Community Ed/Recreation Duplication Director of Community Services Lambert reviewed his memorandum of March 6, 1984, in which he gave background information on this matter. Penzel stated this issue is not one of staffing as that is the pre- rogative of the City Manager. The Council is to determine or resolve programming matters. He said the issue is how should the City proceed with its recreation programming -- should some or all of this be con- solidated with the programs of the School District; he noted that there ought to be some consolidation if it will save money. He recommended the Council ask the School Board if' it is interested in joining forces. MOTION: Redpath moved, seconded by Bentley, to refer this matter to the School Board for its formal response. Motion carried unanimously. 4. Approval of plans for North Star Addition Director of Community Services Lambert referred to his memorandum of March 22, 1964, in which plans for the North Star Addition were outlined. MOTION: Anderson moved, seconded by Tangen, to accept the North r Star's plans. Motion carried unanimously. t. '7q • City Council until Minutes -15- March 27, 1984 5. Purgatory Creek Recreation Area Draft Master Plan 1' Director of Community Services Lambert noted his memorandum of March 22, 1984, and introduced Ted Wirth and Gary Tushie who were present on behalf of the design team. Lambert reviewed meetings 1 which had been held in the past few weeks with the Watershed District, Planning Commission, and the Parks, Recreation & Natural Resources Commission. Meetings had also been held with property owners. Lambert specifically noted the Staff recommendation that the City Council request the Watershed District to review the feasibility of this plan by determining the ten and twenty-five year flood levels, as well as determining the feasibility of lowering the flood- plain elevation. Lambert said this information is pertinent before proceeding with the plan. Lambert said the property owners who have not responded are Feeders, Carmody, Miller and Tudor Oaks. Wirth reviewed the differences between the plan which won the com- petition and that which is now under consideration; he noted the differences are subtle. Tushie discussed the importance of the ele- vations in the floodplain area and the flood storage capabilities. Bentley said concern regarding the storage capacity had been expressed to him by property owners. Redpath said water might have to be pumped into the area to keep the ponds full. Lambert noted this will be reviewed again by the Watershed District at its April 4, 1984, meeting and recommended that the Council continue this to April 17th so it can be apprised of action taken by the Water- shed District. MOTION: Tangen moved, seconded by Redpath, to continue this item to the April 17, 1984, meeting of the City Council. Motion carried unanimously. 6. Tax Forfeited Lands Director of Community Services Lambert referred to his memorandum of March 22, 1984, in which he outlined the parcels which are available. MOTION: Anderson moved, seconded by Bentley, to direct Staff to prepare a Resolution incorporating the recommendations for acquisition of tax forfeited lands as per Lambert's memorandum. Motion carried unanimously. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpth moved, seconded by Anderson, to adjourn the meeting at 12:16 a.m. Motion carried unanimously. -17 9) • • MEMORANDUM • TO: Mayor and City Council TlIRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: April 12, 1984 SUBJECT: Purgatory Creek Recreation Area Master Plan • On March 7, 1984, the City staff and planning team of Wirth and Associates and Saunders-Thalden Associates started the presentation process for final review of the Draft Master Plan for the Purgatory Creek Recreation Area. At 2 p.m. on March 7th, the presentation was made to the property owners requesting they approve the plan and commit to dedication of the floodplain and assessments of cash park fees, if that is a viable alternative as a funding source. Of the 12 property owners that own floodplain, 8 were in favor of the plan and 4 property owners either would not comment or did not attend the meeting. Of the 8 property owners in favor of the plan, 6 were willing to commit to dedication of the floodplain free of charge, 2 were not willing to commit at this time. On the evening of March 7th, the Watershed District reviewed the draft master plan and continued the item to their April 4th meeting, as the Board of Managers had many questions of their engineering staff regarding how this plan relates to the water management program. The Board of Managers had no problem with the plan itself, but ) would not take any action at this time. On Monday, March 12th, the Planning Commission reviewed the draft master plan and • approved the draft master plan as presented recognizing the proposed funding methods may not be viable. On Monday, March 19th, the Parks, Recreation and Natural Resources Commission reviewed the plan and approved the plan with several recommended changes including eliminating 12 of the 18 park shelters, elimination of the pedcstrain walkway on the north side of the southeastern pond, and the Commission did not favor any of the proposed financing proposals. On March 27th, the City Council reviewed the plan and continued the item to await input and comment from the Watershed District. On April 4th, the Watershed District again reviewed the plan and dicussed some of the concerns with the plan, but as neither of their regular staff representatives were in attendance at that meeting, the Board of Managers again continued this item to their May 2nd meeting. The Board of Managers noted that the Watershed District Act imposes numerous limitations on the ability of the Watershed District to act in connection with major projects of the type envisioned for the Purgatory Creek Recreation Area, and further noted that the statute clearly requires that a petition for such a project be submitted by the City in which the project is located. This is the first major proposal for development of recreation facilities within the -- floodplain of Purgatory Creek, and the Watershed District Board would like to move ' very carefully on this project. It is obvious that 100% of the property owners arc not willing to dedicate all of i their property at this time; therefore, this project will most likely not begin for several years (staff has repeatedly indicated that this project should not begin until the City has ownership or commitment for ownership of all of the floodplain free of charge). Staff would recommend the City Council continue this item to the May 15th meeting, or until the Watershed District has taken action on the plan. The Watershed District must ultimately approve the plan and could potentially provide a significant amount of funding toward this project; therefore, if they arc more comfortable taking additional time in reviewing this plan, the time should be provided. • BL:md • • • • • • • 4 lot; April 17, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA . RESOLUTION 84-89 A RESOLUTION APPROVING FINAL PLAT OF THE PRESERVE COMMERCIAL PARK NORTH 3RD ADDITION WHEREAS, the plat of the Preserve Commercial Park North 3rd Addition has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutues 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 The Preserve Commercial Park North 3rd Addition is approved upon compliance with the • recommendation of the City Engineer's Report on the plat dated April 10, 1984. 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 Registrar 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 City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. ADOPTED by the City Council on April 17, 1984. Wolfgang H. Penzel, Mayor ATTEST: • SEAL John D. Frane, Clerk -726 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT • TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician ,fl,f, DATE: April 10, 1984 • SUBJECT: THE PRESERVE COMMERCIAL PARK NORTH 3RD ADDITION PROPOSAL: The developer, The Preserve, has requested City Council approval of the final plat of The Preserve Commercial Park North 3rd Addition. The Plat contains approximately 2.8 acres to be divided into 5 commercial lots and is located in the South '-z of Section 14. The original proposal for this site was called the Eden Prairie Car Care Center and included the construction of facilities for Typhoon Car Wash, Big Wheel Auto Store, Midas Muffler Shop, Rapid Oil Change, and a superette with a gas service area. HISTORY: PUD concept approval for Area G of The Preserve was granted by the f City Council on September 2, 1975, per Resolution 1033. Zoning to C-Regional Service was finally read and approved by the City Council on May 3, 1977, per Ordinance 357. The preliminary plat was approved by the City Council on March 27, 1984, per Resolution 84-56. VARIANCES: Variance requests will be reviewed by the Board of Appeals on May 10, 1984. Building permits will not be allowed until variances have received approval. UTILITIES AND STREETS: All municipal utilities necessary to serve this site have been installed. The on site utilities needed to serve the individual lots will be installed privately and will be owned and maintained by the property owners served. An agreement covering maintenance of the utilities and roadway/parking areas must be submitted to the Engineering Department and filed concurrent with the final plat. The submitted proposal calls for zero lot line variances, therefore, the normal requirement for utility and drainage easements along the interior lot lines would become an encumberance to the plat and should be waived. PARK DEDICATION: Park dedication shall be in conformance with City Code. BONDING: Bonding shalt be in conformance with City Code. -7Z" Pg. 2, Final Mat The Preserve Commercial Park North 3rd Addition 4/10/84 RECOMMENDATION: Recommend approval of the final plat of The Preserve Commercial Park North 3rd Addition subject to the requirements of this report and the following: 1. Receipt of engineering fee in the amount of $100.00. 2. Receipt of documents covering maintenance of on site utilities, roadways, and parking areas. DLO:sg • cc: Mr. Ed Flaherty Mr. Larry Peterson • 1 II 21 • April 17, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION 84-93 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, through BRW, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 52-057, Signals at Flying Cloud Drive and Shady Oak Road. 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 EOEN 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 two weeks, shall specify the work to be done, shall state that bids shall be opened at 10:00 A.M., on Tuesday, May 1, 1984, City Hall, and considered by the Council at 7:30 P.M. on Tuesday, May 1, 1984, in the School Board Room, 8100 School Road, Eden Prairie, 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 April 17, 1984. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk -729 ( . • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST t April 17, 1984 ' 1 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Arkay Construction Co. Burkhardt Plumbing The Pelletier Corporation Energy Conservation Systems, Inc. Sheehy Construction Podany Plumbing Sarah, Inc. r. CONTRACTOR (1 & 2 FAMILY) HEATING & VENTILATING t The Citadel Company Bostrom Sheet Metal Works, Inc. Colony Construction chanical Me Daystar Builders Snell Kaelin Contracting GAS FITTER Kenneth D. Lenzen Joe Miller Construction Snell Mechanical Prestige Investment, Inc. RVS Energy Systems CIGARETTE Sass Construction Clark Smith Construction Eden Inn Standard lumber Company Sunway Homes, Inc. Superior 77, Inc. WELL DRILLING Leuthner Well Co. These licenses have been approved by the department heads responsible for th license Activity. i Y 1 • („4-4 ' e, icensing • MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Jan Flynn, Human Services Coordinator DATE: April 12, 1984 SUBJECT: YMCA Request for Funds from City of Eden Prairie At the April 19th, Human Rights and Services Commission meeting, the Commission recommended approval of $5,000 for the project. The Commission has sent a letter to the YMCA and Storefront requesting the following: 1. Training of the summer playground leaders and beach lifeguards in understanding adolescences; working with problem children/students and a referral system between the Youth Counselor and the City Recreation Director. 2. Verbal, non-verbal and physical awareness and identification of possibly abused youth utilizing the beach and summer recreation programs. Referral resources availabe to them. 3. Working with City-wide providers (summer recreation, YMCA, Community Education, Public Safety, schools, and counselors)to continue/provide support groups and services to youth and families during the summer when many groups and school activities end with their calendar year in May or June. I was notified April 10th that the other counselor sponsored by the YMCA has come to Eden Prairie. Her name is Janet Rice and she and Paul Dorn can be contacted at 934-2776. JF:md • 1;1 CITY OFFICES/0950 EDEN PRAIRIE ROAR/EOEN PRAIRIE.MN 55344 2499/TELEPHONE 16121937.2262 gi..t L • TO: Property Owners/Proposed TH 212 Corridor Routes FROM: Eugene A. Dietz, P.E., Director of Public Works RE: Public Meeting DATE: March 29, 1984 The Eden Prairie City Council has set a date for a public meeting to discuss the two existing alternatives for a new Trunk Highway 212 alignment. The date and location are: TUESDAY, APRIL 17 7:30 P.M. School Board Room School Administration Building • 8100 School Road Eden Prairie, MN ' • The purpose of this meeting will be to solicit input from property owners regarding their views on the alignment for the proposed roadway (either the residential alignment or unique system "D"). Additionally, the City Staff will make a presentation regarding the two proposed alignments. Issues that are intended to be addressed will be cost, right-of-way needs, access and timing. It is anticipated that the information both from City Staff and from property owners will enable the City Council to adopt a preferred alignment. Any decision made by the City Council would then be forwarded to the Minnesota Department of Transportation for their consideration and use during the enviromental review process which is currently underway. Although the State of Minnesota has the final power of determining the alignment for the new roadway, the City's goal will be to provide the Department of Transportation with the relevant factors r:;ich ar^ important to our citizens. Therefore, your opinions and concerns are ;In important ingredient in this preliminary decision making process. If you are unable to attend this meeting, you may wish to consider providing written comments addressed to my attention. • EAD:sg I[ ,iii .40.500 `pry '73 2 4-12-84 RESIDENTIAL/TH 5 ALIGNMENT ADVANTAGES 1). Least complicated interchange at Prairie Center Drive 2). Most efficient traffic flow for TH 5; therefore, relieves local collectors 3). Allows development of the industrial property along the "D" alignment • 4). Least ecological impacts 5). Provides potential urban renewal (single family and industrial) • 6). Least disruptive to Purgatory Creek Recreation Area 7). Most aesthetic 8). Most efficient TH 5/Mitchell intersection 9). Minimize difficulty of holding corridor open • DISADVANTAGES 1). Higher right-of-way costs 2). Potential impacts on business (McDonalds, McGlynns, Ochs, MacFarlane, Tobin-Arp, Getty Oil, Prairie Auto Parts, Fire Station) 3). Family relocations required 4). Revised method of access for Martin Drive and Wallace Road 5). More disruptive during construction • • • i32A r .i.:.1`, 6. R I t ;"r 1 �� i�� i•AfiK v,fW LANE iY �/ �•`L�_ `(. MI'LLBL57� �� ,, ) ri..7 Cam• ` (Ky� ¢` • R a / V • ' /' v , r�1�v v W E 3 1i L�� GE '''�('''1 -= WE57WTE aA s ,�E y'. '_ 1\IM El74RTE t R IJ" �yr/�a 4 .1P/J r 0•AL.AKE ROAD �C_ �, q I' �Yt?Y/� •!//�'+��,-UT[�T'.��1• / KK is_AvE :JTfR WESTGATE / E , 1— Q CHANHASSEN ., ,, , • 4 yQ� J// e = 1` { ,:, MITCME? 6 LL 1 .4i I r / ...4, : 1 It, (+ _AKE I / M.1D:E w B l N,. S T - AC "� , _.. _. �, /J AEO RGC R,._ "A;C E'ri____ E MARS ) AKE / / t �� . (Erb,�q _91C - i D \ �.Y-. ROC. kk 1,'O oz TE 1 A!W!' 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Least disruptive during construction 5). Has been shown on the guide plan for 15 years DISADVANTAGES 1). Adds a major traffic corridor 2). Lose Technology Drive 3). Adverse impact of existing business (MTS and CPT) 4). Loss of prime development property 5). Adverse impact on water resources (including Purgatory Creek recreation area) 6). Complicated intersection at Prairie Center Drive 7). Least efficient traffic flow on TH 5 8). Difficulty in holding corridor open lI ` �r..i.Y � � /��, ... * Gawa �f�1 aNE w. �' � - _ Q ... • _^-f�t]d� \ 54 ,, Sov: , JR c,,,.7 , . . .,, .. i- Mr- I ?riii9C I rtsrwrE .4 ' ':�^ • 4' EST G4TE Widi ANC tJwE ROAD � Z1$� IY .\.,__yt: lUT A 1 RE Q4R f I � . [..M[ vE r 6 de.' ^�'� �j k �1� �/ 11 5 ` ice= _ ---- I —.: T r I CHANHAS$EN 4 lit -, 1t 4 rcwE�� FN't ��E;:7 � �� T IRNAZEM b /^ � ❑ .1 I V elN ST .411E J/ 4 _ ...4E t MARIN .411E f/ II `,,- u . 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( li 7920 WALLACE ROAD EDEN PRAIRIE,MiNNESOTA 55344 ZIIAL s 937.2773 _ _ FUEL OIL SPECIALISTS +'t '" Over 40 Years in Eden Prairie t�� HIGH COMFORT... LOW COST HEATING April 12, 1984 • Honorable Mayor Wolfgang Penzel Eden Prairie Council Members 8950 Eden Prairie Road • Eden Prairie, MN 5534 Dear Honorable Mayor and Council Members: With reference to your council meeting scheduled for April 17, 1984, I regret I have a series of meetings to attend out of state for three days, and will be unable to attend this council meeting. However, I feel this meeting is very important and wish to offer some comments. Ten years ago our primary source of income was heating fuel sales. Now, in an attempt to remain in Eden Prairie and grow with the needs of our community, auto- motive parts are replacing the heating fuel demand,for sales and income. In order to remain in this business, I would like to request a commitment be made to help facilitate our business plannings. Thank you for your time and consideration. Sin erely, 0.0 Ie L. Schwartz ident JLS/krs (Mobil HEATING OIL FUEL OILS — GASOLINES — OILS — PARTS — BATTERIES — TIRES /PICA April 17, 1984 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-90 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR CARMEL ADDITION AND VICINITY WHEREAS, a resolution of the City Council adopted the 27th day of March, 1984, fixed the 17 day of April, 1984, as the date for a public hearing on the following proposed improvements. I.C. 52-059A, Utility Improvements for Carmel Addition • and Vicinity. WHEREAS, ten days published notice of the Council hearing through • two weekly publications of the required notice was given and the hearing was held on the 17th day of April, 1984, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement. ADOPTED by the Eden Prairie City Council on April 17, 1984. • 0l'gang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk • • -I2(- • " RLT:skw lx I Before the City Council ) City of Eden Prairie, Minnesota ) STATEMENT OF POSITION BY LANDOWNERS Public Hearing on Improvement ) LEONARD F. UHERKA and Contract 52-059A ) BESSIE V. UHERKA Leonard F. Uherka and Bessie V. Uherka in connection with the above improvement project to provide utility improvements for Carmel Addition make the following statements: 1. They are the owners of property listed as Parcel No. 2-11-0005 consisting of approximately two acres against which a preliminary assessment role indicates a proposed assessment of $7,311.35. 2. The acreage in question was originally part of the homestead property owned by Leonard F. and Bessie V. Uherka. 3. That said parcel became separated from the homestead property with the construction of County Road No. 61 on Shady Oak Road. 4. That the proposed highway improvements in connection with the intersection of Shady Oak Road and County State Aid Highway No. 62 would result in taking approximately one-third of said parcel for highway purposes and would result in virtually destroying any reasonable access to the remainder of said property as well as to the Uherka's homestead. 5. The net effect of the proposed highway construction project and the absence of suitable access will have the affect of virtually destroying the value of said property for any development purposes. Yoo 6. As a result of the adverse affects of the proposed highway development project upon said parcel there will be no need for any sewer or water improvements to serve said property and no assessment should be made against said parcel on a project designed for the benefit of the Carmel Addition. Respectfully submitted, HARVEY, THORFINNSON & SCOGGIN, P.A. 7 \ BY: C^'n�J V'„ `'t k.:) oss L. T orfin son Atto ney for LegF. Uherka and Bessie V. 4 perk 17 Tenth Avenue South P.O. Box 190 Hopkins, MN 55343 (612) 935-4468 "71-4e----Le7:---2(44--_,c Leo f nd F. Uherka Bessie V. herka 2 // 73G (.1; April 17, 1984 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA - RESOLUTION 84-91 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR BRYANT LAKE OFFICE TECH CENTER WHEREAS, a resolution of the City Council adopted the 27th day of March, 1984, fixed the 17th day of April as the date for a public hearing on the following proposed improvements. I.C. 52-053, Utility and Street Improvements for Bryant Lake Office Tech Center. WHEREAS, ten days published notice of the Council hearing through • two weekly publications of the required notice was given and the hearing was held on the 17th day of April, 1984, at which all persons desiring to be heard were given an opportunity to be heard thereon. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement. ADOPTED by the Eden Prairie City Council on April 17, 1984. • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk FAEGRE &. B E N S O,N • �, w : • .+•. 2300 MULTIr000s TOWER f!'','..N+ N s N +.' 33 SOUTH SIXTH STREET _ t~ ` gOw MINNCAPOLIS.MINNESOTA 0010[•300A •..Ne • eZA TCICX •CO 3I 1530 ORE AT•w[e L v TOweR ........ I075 RRoADwA cofoewo eooa•�ee30 w .....w•.ANON(.• April 2, 1984 • Mr. Eugene A. Dietz Director of Public Works Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344-2499 Re: I.C. 51-308C & I.C. 52-053 4 Dear Mr. Dietz: I am writing at the request of and as attorney for I G. P. Schoenfelder in connection with the proposed road assessment for a cul de sac which is subject to Improvement Contract 52-053 March, 1984 of the City of Eden Prairie. Mr. Schoenfelder and I have each reviewed the City of Eden Prairie's Feasibility Report for Utilities and Street Improvements for Bryant Lake Office Tech Center. The report is in preparation for a public hearing scheduled for April 17, 1984. • Mr. Schoenfelder objects to the fact of the cul de sac and any assessments against his property resulting from the construction of a cul de sac. Mr. Schoenfelder has owned property on Valley View Road for an extended period of time. One of the primary reasons for the configuration of his land (tax parcel 11-41- 001) is the fact that it restricts access to property not owned by him to the southwest of his property. The long narrow strip between the two larger portions of his tract is designed to permit development of the larger portions as an integral development. Further, the lack of direct access to the property to the southwest from Valley View Road modifies, to some degree, the uses to which that property could be put and, in Mr. Schoenfelder's opinion, enhances his property. • Mr. Eugene A. Dietz April 2, 1984 Page Two _ 1 From looking at the plan as set forth in Exhibit 4 to the feasibility report I have referred to above, it appears that access to Outlot A could be obtained through easements from the lots abutting Market Place Drive, all of which, I assume, are under common ownership. In summary, it appears to me that Mr. Schoenfelder should not suffer from the planning decision made by th ers which has resulted in an outlot which is, presently, without ac:crs. It is more appropriate that these parties creating t; .utlot solve the access problems without disturbing the or: rship rights and development plans of Mr. Schoenfelder. If there is any other procedure for stating an objection to the proposal for a road and for assessments as . set forth in the above-mentioned feasibility report, please let me know promptly. Sincerely, Thomas M. Crosby, Jr., L /2- ) TMC/dab cc: G. P. Schoenfelder • • 1N s SECTION VIII. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 7 Subsection 8.1. Statement of Objectives. See Section I, Subsection 1.4 of the Development Program. Subsection 8.2. Development Program. See Section I Subsections 1.2 through 1.12 of the Development Program Subsection 8.3. Parcels to be Included in Tax Increment District No. 7. The following parcels located in the City of Eden Prairie, County of Hennepin, State of Minnesota: Property Description See Exhibit A FURTHER INFORMATION REGARDING THE IDENDIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT DISTRICT NO. 7 CAN BE OBTAINED FROM THE OFFICE OF THE CITY MANAGER. Subsection 8.4. Parcels in Acquisition. See Section I, Subsection 1.11 It is anticipated that the City will acquire parcels located within Development District No. 1, but not contained within Tax Increment District No. 7. These parcels will be acquired through tax increment financing, in part from tax increments accruing form Tax Increment District No. 7. As the City acquires said parcels, the Tax Increment Financing Plan for Tax Increment District No. 7 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. Subsection 8.5. 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.: $940,830.83; starting August 1982, compled November, 1983. 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) 8 - 1 • (2) Shafer Contracting Co.: $3,782476.18; starting November,1982, estimated completion October, 1984. 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. 51-3088) (4) Richard Knutson, Inc.: $2,060,206.69; starting August, 1982, compled December, 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: $272,800; starting July, 1982, compled July, 1983. Baker/Mitchell Rd. connection. Grading, curb and gutter, storm drainage, sidewalks and bituminous surfacing along new alignment of Mitchell Rd. from Valley View Rd. to Baker Rd. 0.85 miles. (I.C. 51-3408) (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: $539,781.40; starting Apri1,1983, compled June 1983. Valley View Road from Washington Ave. to 0.5 miles west. Grading and widening existing raod and traffic signal at Washington Ave. (I.C. 51-335). (8) Schafer Contracting Company: $3,152,064.95; starting July 1983, estimated completion May 1985. Valley View Road between I-494 and TH169, including new bridge at I-494 and half diamond interchange with I-494, 0.4 miles. Grading, bridge, paving, curb and gutter, storm sewer and sidewalks. (I.C. 51-308C) Subsection 8.6. Other Specific Development Expected to Occur within Development District No. 1. The City has given approval and or is in the process of approval of the construction of 448,000 sq ft of office, 69,00C sq ft of commercial, 168 hotel/motel units, 60,000 sq ft of office/warehouse, and a Target store; these projects are included in Tax Increment District No.7. The City has given approval for an additional 90,000 sq ft of office and office/warehouse, and 70 apartment units. It is anticipated that additional private development of commercial,industrial, and residential projects will occur. Subsection 8.7. Estimated Cost of Project See Section I, Subsection 1.12 of the Development Program. Subsection 8.8. Bonded Indebtedness of be Incurred. It is anticipated that 22,875,000 of bond indebtedness will be incurred with respect to Development District No. 1 of which $19,800,000 in general obligation tax increment bonds were issued in 1983. 8 - 2 iy2 1 Subsection 8.9. 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 $22,875,000 anticipated to amortize costs in Development District No. 1. Bond sales will be staged in this project and based on availability of tax yf increment. A first stage issue was sold on March 2, 1982, in the amount of ° $18,000,000. This issue was refunded by the issuance of $19,800,000 in bonds in December of 1983. Subsection 8.10. Estimated Captured Assessed Value and Estimate of Tax Increment. The most recent assessed value of Tax Increment District No. 7 is estimated to be $1,096,793 The estimated captured assessed value of Tax Increment District No. 7 at completion is estimated to be $17,876,579 Annual Tax Increment has been calculated at approximately $1,914,000 commencing in 1986. Subsection 8.11. Duration of Tax Increment District No. 7. The duration of Tax Increment District No. 7 is expected to be ten years. Subsection 8.12. Estimated Impact on Taxing Jurisdictions. The estimated impact of Tax Increment District No. 6 on the taxing jurisdictions within which Tax Increment District No. 6 is located is as follows: DEVELOPMENT DISTRICT IMPACT ON TAX BASE Original District District Assessed % of Future % of Entity Tax Base Value Entity Assessed Entity ( Hennepin County $7,643,276,213 1,096,793 .0143% $18,973,750 .2459% I.S.D. #272 225,669,676 1,096,793 .4865 18,793,750 8.4078 City of Eden Prairie 227,441,708 1,096,793 .4822 18,793,750 8.3422 I.S.D. #287 4,792,112,156 1,096,793 .0229 18,793,750 .3959 DEVELOPMENT DISTRICT IMPACT ON MILL RATES Current Potential Mill Rate Mill Rate Taxes Increase (2) Hennepin County 29.689 (27.7) $530,748 .069 I.S.D. #272 50.079 (46.8) 895,260 3.967 City of Eden Prairie 20.8B5 (19.5) 373,360 1.642 I.S.D. #287 1.446 ( 1.4) 25,850 .D05 Other (1) 4.971 ( 4.6) B8,866 .000 (1) Other taxing entities include the Metropolitan Mosquito Control District, Watershed District, Metropolistan Council, Metropolitan Transit Commission, Park Museum, County Park Suburban, Hennepin 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. Subsection 8.13. Modification of Tax Increment District No. 7 and/or Tax Increment Financing Plan. As of March 16,1984, no modifications to Tax Increment District No. 7 or the Tax Increment Financing Plan therefor have been made. 8 - 3 j��`� • .-......._ I' ):27)):1"1, • \ y- ::_________ ';.:—/// . : :,..2:,•• -...1 L . , l.-;17 il I ( r. t - ,/,, \\ ,\,,i,\• • .1. .1 _. 9' .//' • I' 'LL • ' i i , .7.: , ..... ...:. -....- 1 : k_, •, ::::; ';..,,s'-. , .1 --\ I' .-,---il--,-;1,. _ '::•::.."•.4,- ; -i IF T 2 'f-'" I . . ,•,,..,;--i n). ,..:.:,...., , ,•,' Z ..;,-,:f.; n) , -7 •I, 7" , -..i., ...-,. •;,.',-... ,s- „..„--, - Iii)) . k. 1 \ :A„ •i'..:::',.,P.1:,:.iEl:: .tia i / -. k\I"-,/ 1-jk.t,,;.!, . . , • . ill 1 •-• .::i'.:. .i..-:::.-:.::',: \ C-.:'.!' 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( 1 *, _. :, . - - 1 , T.k1 J i r 1 PIN LEGAL 14-116-22-13-0029 L1 B2 EDEN GLEN 2ND 14-116-22-13-0026 L1 81 EDEN GLEN 1ST 14-116-22-13-0016 L2 B2 FLYING CLOUD CENTER . 14-116-22-31-0010 L4 B2 PRESERVE COMMERCIAL PARK NORTH 1 14-116-22-31-0009 L3 B2 PRESERVE COMMERCIAL PARK NORTH 14-116-22-31-0013 L2 B3 PRESERVE COMMERCIAL PARK NORTH 14-116-22-31-0012 L3 B3 PRESERVE COMMERCIAL PARK NORTH 14-116-22-31-0004 L1 81 PRESERVE COMMERCIAL PARK NORTH 11-116-22-44-0001 A PARCEL OF LANO IN THE 5 1/2 OF SE 1/4 OF SEC 11 T116N R22W BOUNDED ON THE N BY NEW U S HWY NO 169 ON THE W BY U S HWY NO 494 ON THE S AND E BY OLD U S HWY NO 169 EX THAT PART TAKEN FOR WIOENING OF SAID OLD HWY 169 11-116-22-42-0030 THAT PART OF L3 131 BRYANT LAKE OFFICE i TECH CENTER EMBRACED IN OUTLOT B OF OF BRYANT LAKE CENTER • 13-116-22-22-0009 L1 81 GOLDEN STRIP 13-116-22-12-0001 N W QTR OF NE QTR OF SECTION 13 T116N R22W LYING N OF U S HWY NO 494 13-116-22-11-0004 THAT PART OF GOVT LOT 7 SEC 13 T116N R22W LYING N OF INTERSTATE HWY NO 494 AND LYING W OF THE E 920.7 FT OF SAIO GOVT LOT 7 12-116-22-32-0003 BEG AT NE COR OF N 1/2 OF SE 1/4 OF NW 1/4 OF SEC 12 T116N R22W TH S ALONG E LINE THOF TO A PT 21 FT N OF SE COR THOF TH WLY TO A PT 112 FT E OF W LINE AND 14.5 FT N OF S LINE OF N 1/2 OF SE 1/4 OF NW 1/4 TH SWLY 205.7 FT TO A PT 488 FT N OF S LINE AND 6.5 FT W OF E LINE OF SW 1/4 OF NW 1/4 TH SELY TO SE COR THOF TH S ALONG E LINE OF W 1/2 OF SW 1/4 TO NLY LINE OF CO RD NO 39 TH SWLY ALONG SAID NLY LINE TO ELY LINE OF HWY NO 169 TH NLY ALONG SAID ELY LINE ( TO N TO RELINE OF S 1/2 OF NW 1/4 TH ELY ? - • 14-116-22-13-0033 COM AT MOST NWLY COR OF L1 B1 EDEN PRAIRIE CENTER ADDITION TH ON AN ASSUMED BEARING OF S 82 DEG 33 MIN 39 SEC W ALONG NLY LINE OF L3 B1 EDEN PRAIRIE CENTER ADDITION DIS 4.5 FT TH S 7 DEG 26 MIN 21 SEC E DIS 6.93 FT TH ON A TANGENTIAL CURVE TO THE RT HAVING A RADIUS OF 387.05 FT DIS 115.28 FT TH S 9 DEG 37 MIN 33 SEC W DIS 22 FT TH N 80 DEG 22 MIN 27 SEC W DIS 230.9 FT TH ON A TANGEN- TIAL CURVE TO THE LEFT HAVING A . RADIUS OF 477.33 FT DIS 87.98 FT TH NO DEG 56 MIN 01 SEC W DIS 23 FT TO ACTUAL PT OF BEG TH SWLY ON A NDN- TANGENTIAL CURVE CONCAVE TO THE S DIS 587.97 FT HAVING A RADIUS OF 500.33 . FT AND CHORD BEARING S 55 DEG 23 MIN 5.7 SEC W TH ON A REVERSE CURVE HAVING A RADIUS OF 374.67 FT DIS 49.15 FT TH ON A COMPOUND CURVE HAVING A RADIUS OF 33.96 FT DIS 67.99 FT TH N 36 DEG 02 MIN W DIS 42.17 FT TH DN A TANGEN- a TIAL CURVE TO THE RT HAVING A RADIUS OF 79 FT DIS 47.26 FT TO NLY LINE OF LOT 3 TH SWLY ALONG SAID NLY LINE 65.55 FT TH S 45 DEG 49 MIN 35 SEC E l DIS 155.02 FT TH SLY ON A NONTANGEN- TIAL CURVE CONCAVE TO THE MJ DIS 231.8 FT HAVING A RADIUS OF 397.67 FT AND CHDRF BEARINGS S 58 DEG 26 MIN 08 SEC W TH ON A REVERSE CURVE HAVING A RADIUS OF 352.33 FT DIS 144.55 FT TH S 49 DEG E DIS 606.91 FT TH N 86 DEG E DIS 42.43 FT TH N 41 DEG E DIS 153.49 FT TH N 49 DEG W DIS 29.96 FT TH N 41 DEG E DIS 120 FT TH S 49 DEG E DIS 5 FT TH N 41 DEG E DIS 35 FT TH N 49 DEG W DIS 10.2 FT TH N 3 DEG 5.9 MIN 12 SEC W DIS 7D.19 FT TH N 86 DEG OD MIN 48 SEC E DIS 15D FT TH N 41 DEG E DIS 211.31 FT TH N 49 DEG W J. DIS 411.03 FT TH N 41 DEG E DIS 277.84 FT TH N 0 DEG 56 SEC 01 MIN W DIS 45 FT TO BEG 13-116-22-23-0007 THAT PART OF THE W 1/2 OF THE NW 1/4 OF SEC 13 T116N R22W LYING N OF STATE HWY NO 5 AND LYING S OF A LINE RUN SELY FROM A POINT IN THE W LINE OF SAID W 1/2 A DIS OF 12D3.06 FT S FROM THE NW COR THOF AT AN ANGLE OF 80 DEG 17 MIN 31 SEC WITH SAID W LINE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO.84-q71 RESOLUTION PROVIDING FOR ESTABLISHMENT OF PROPOSED TAX INCREMENT DISTRICT NO.7 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie,Minnesota(the"City"),as follows: Section 1. Recitals. 1.01. It has been proposed that the City establish an additional tax increment district within Development District No.I and adopt a tax increment financing plan relating thereto, all pursuant to Minnesota Statutes, Section 273.71 to 273.78, inclusive,as amended. 1.02. This Council has caused to be prepared, and has investigated the facts with respect thereto,a proposed Tax Increment Financing Plan for a proposed Tax Increment District No.7. 1.03. The City has performed all actions required by law to be performed prior to the establishment of Tax Increment District No.7 and the adoption of the Tax Increment Financing Plan for Tax Increment District No.7,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.7,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.7 and to adopt the Tax Increment Financing Plan relating thereto. Section 2. Findings Concerning Establishment of Tax Increment District No.7. 2.01. The Council hereby finds, determines and declares that Tax Increment District No.7 constitutes a "tax increment financing district," as defined in Minnesota Statutes, Section 273.73, Subdivision 9, and further constitutes an "economic development district," as defined in Minnesota Statutes,Section 273.73, Subdivision 12. 2.02. The Council further finds,declares and determines that Tax Increment District No.7 does not meet the requirements found in the definition of redevelopment district or housing district, as defined in Minnesota Statutes, Section 273.73, Subdivisions 10 and Il, respectively, but is in the public interest, thereby qualifying it as an economic development district. 1ll1 • (, 2.03. The Council further finds, declares and determines that the development presently occurring for which tax increments from Tax Increment District No.7 will be used, in the opinion of the Council would not have occurred solely through private investment 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.7 conforms to the general plan for the development of the City as a whole; and will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Development District by private enterprise. 2.04. The Council further finds, declares and determines that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing,attached hereto as Exhibit"A". 2.05. Under and pursuant to Minnesota Statutes, Sections 273.71 to 273.78, inclusive,as amended,Tax Increment District No.7 is hereby established in and for the City. The property included in Tax Increment District No.7 shall be the property described in the Tax Increment Financing Plan for Tax Increment District No.7,adopted in Section 3 hereof. Section 3. Adoption of Tax Increment Financing Plan for Tax Increment District No.7. 3.01. The Tax Increment Financing Plan for Tax Increment District No.7 is hereby approved and adopted in the form on file and of record in the Office of the ( Finance Director-Clerk. Section 4. Implementation of Tax Increment Financing Plan for Tax Increment District No.7. 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 implementation of the Tax Increment Financing Plan for Tax Increment District No. 7 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 Financing District No.7,as of January 2, 1983, and each year hereafter to certify the amount by which the assessed value has increased or decreased from the assessed value of January 2, 1983. Each year the Auditor shall also add to the original assessed value of Tax Increment District No.7 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.7 during the five years prior to certification of Tax Increment District No.7,and also to certify the proportion which any such increase or decrease bears to the total assessed value for the real property in Tax Increment District No.7 for that year and to remit to the City of Eden Prairie each year, commencing in 1986 and ending in 1993 that proportion of all taxes paid that year on real property in Tax Increment District No.7 which the captured assessed value bears to the total current assessed value, all pursuant to Minnesota Statutes,Section 273.76,Subd.1,as amended. -2- l 417 Mayor Finance Director-Clerk • -3- 'IL0 EXHIBIT"A"TO RESOLUTION NO. 84-94 Reasons and Facts Supporting Findings for Establishment of Proposed Tax Increment District No.7 and the Adoption of a Tax Increment Financing Plan Relating Thereto. 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. On March 14,1983 the City Council adopted Tax Increment Financing Plan For Tax Increment District No.4. On May 17, 1983 the City Council adopted Modified Development District No.I. The latter included Tax Increment District Nos. I, 2, 3 and 4. The Tax Increment Financing Plan for Tax Increment District No.5 was also adopted on May 17,1983. On August 16,1983 the City Council adopted Tax Increment Financing 1 Plan For Tax Increment District No.6. Adoption of the Development District No.I 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:a) the notice of the April 17,1984 public hearing;b)minutes of meetings of the City Council held on September 22, 1981, March 30, 1982, November 16, 1982, March 15, 'f. 1983, May 17, 1983 and August 16, 1983; c) letter from Eden Prairie Chamber of Commerce dated September 18, 1981;d)minutes of meetings of the City's Planning Commission on March 29,1982 and May 9,1983;e)memorandum dated April 17,1984 by Eugene A. Dietz, Director of Public Works, addressed to the Mayor and City Council;f)a letter dated April 9,1984 addressed to Mr.John Lobben,Chairman of the Board, Eden Prairie School District No.272; g) a letter dated April 9, 1984 addressed to Mr.Kenneth Daniels,Chairman of the Board,Joint Independent School District No.287; h) a letter dated April 4,1984 addressed to Mr. John Derus, Chairman of the Hennepin County Board of Commissioners; and i)a memorandum dated April 17,1984 by Carl J.Jullie,City Manager. Summary of portions of the evidence contained in the record relevant to the findings contained in Section 2 of Resolution No.--S t 4-follows. The project for Tax Increment Financing Plan for Tax Increment District No.7 is described as the "Development Program" in the Modified Development Program for Development District No.1 including Tax Increment Financing Plans for Tax Increment Districts Within Development District No.1 dated May 17, 1983 (hereinafter referred to as "Modified Development Program"). The geographic area of the Project is described in the Development Program. Tax Increment District No.7 consists of sixteen parcels identified by the following property identification numbers(PIN): 14-116-22-13-0029 14-116-22-13-0026 14-116-22-13-0016 14-116-22-31-0010 14-116-22-31-0009 14-116-22-31-0013 14-116-22-31-0012 14-116-22-31-0004 11-116-22-44-0001 11-116-22-42-0030 13-116-22-22-0009 13-116-22-12-0001 13-116-22-11-0004 12-116-22-32-0003 14-116-22-13-0033 13-116-22-23-0007 Eugene A. Dietz, Director of Public Works for the City has provided a memorandum demonstrating that the parcels in Tax Increment District No.7 are situated within the geographical area of the Project. In his memorandum dated 3uly 7, 1981, Chris Enger, Director of Planning of the City, stated that the concept of a Ring Road in the major center area was adopted in the City's first Comprehensive 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 established 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 as necessary to the growth and development of the City in general and of the major center area in particular. 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 1-494 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. He believes the Project ought to be of relief to the bottlenecking of access to the major center 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 appreciation 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 manufacturing 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 April 17, 1984, stated that the parcels of property located within Tax Increment District No.7 are not structurally substandard and do not require substantial renovation or clearance. The parcels are not in a condition having unusual terrain or soil deficiencies requiring substantial filling,grading or other physical preparation for use and at least 80 percent of the total acreage of the parcels do not have a fair market value which when added to the estimated cost of preparing that land for development,excluding costs relating to roads and local improvements,exceeds their anticipated fair market value after completion of the preparation. He also states that the parcels do not consist of air rights over a public street or highway or of rail yards,rail storage facilities or railroad right-of- ways. Carl 7ullie, City Manager, in a memorandum dated April 17, 1984,stated that while improvements in the Project have been contemplated at least since the early 1970s and efforts have been made to conduct the improvements through the • local improvement special assessment to benefited 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 investment and 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. _4- ,if3S 3 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; at its meeting on March 29, 1982, the Planning Commission in reviewing the 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 municipality as a whole;and at its meeting on May 9, 1983 the Planning Commission in reviewing the proposed "Modified Development Program"found that It conforms to the general plan for the development of the municipality as a whole. A memorandum by City Assessor, Bob Martz, dated July 7, 1981, relects 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 •i following periods: Sears Roebuck&Co. 1 1977-1980 $4,471,000.00 Homart Shopping Center 1978-1980 $7,979,400.00 Powers Department Store s' 1977 and 1978 $4,720,000.00 ti Bymemorandum dated August 15,1983 Martz updated the July 7,1981 memorandum. The Sears Roebuck & Co. valuation was not reduced any further for the period 1978-1983. The Homart Shopping Center valuation experienced an increase of $301,300.00 applicable to years 1981 and 1982 but was reduced$627,050.00 for 1983, }, resulting in a net reduction for the period 1981-1983 of $24,450.00. Powers Department Stores experienced a net reduction of $1,300,000.00 for the period 1979-1983. A report from Jack Hacking dated September 8, 1981, to Carl Jullie -5- '15t/ 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 274 Injuries and 7 fatalities. Based upon the evidence and the record the Council sets forth its further 1. specific reasons and facts supporting its findings as follows: I. The Tax Increment Financing District No.7 contained in the Tax Increment Financing Plan for Tax Increment District No.7 consists of sixteen parcels identified by the following property identification numbers(PIN): 14-116-22-13-0029 14-116-22-13-0026 14-116-22-13-0016 14-116-22-31-0010 14-116-22-31-0009 14-116-22-31-0013 14-116-22-31-0012 14-116-22-31-0004 11-116-22-44-0001 11-116-22-42-0030 13-116-22-22-0009 13-116-22-12-0001 13-116-22-11-0004 12-116-22-32-0003 14-116-22-13-0033 13-116-22-23-0007 1 (Tax Increment District No.7 hereinafter referred to as the "District"; Tax Increment Financing Plan for Tax Increment District No.7 hereinafter referred to as the "Plan"; and the property located within the District and identified above hereinafter referred to as the"Parcels".) II. The Project described in the Plan is that set forth in Section I,Development Program, in the Modified Development Program,dated May 17,1983 referred to in 1 the Plans. The project consists of public improvements including roads,grading, curb and gutter, storm drainage,utilities,sidewalks, bituminous 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 -6- 7`» Modified Development Program at pages I-A-1 through I-A-4, the boundaries of which are further delineated on a map at page I-B-I. The Parcels are wholly }' contained within the geographic area of the Project. III. F 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. IV. The District is, therefore, a tax increment financing district as defined by Minnesota Statutes,Section 273.73,Subd.9. V. 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 1, 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. i VI. In the District there are two partially constructed buildings. The partially constructed buildings are not structurally substandard and do not require renovation or clearance. VII. The Parcels are not in a condition having unusual terrain or soil deficiencies requiring substantial filling,grading or other physical preparation for use and least 80 percent of the Parcels do not have a fair market value which,when added to the { estimated cost of preparing the Parcels for development excluding costs related to roads and local improvements, if any, exceed their anticipated fair market value after completion of such preparation. -7- ca, VIII. The Parcels do not consist of air rights over a public street,highway or right- of-way. IX. L. The Parcels do not consist of used rail yards, rail storage facilities or excessive or vacated railroad right-of-ways. X. The District is not a redevelopment district as defined in Minnesota Statutes Section 273.73,Subd.10. XI. The Project,which will be financed in part from the tax increments from the District, will (a) discourage comme,ce, 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. XII. The District is an economic development district within the meaning of Minnesota Statutes Section 273.73,Subd.12. XIII. The improvements in the Project have been contemplated since the early 1970s. While efforts were made to construct the improvements through the local improvements special assessment to benefited 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,underpasses 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. xlv. The Project and the improvements within its geographic area have been reviewed by the City's Planning Commission prior to the adoption of the Modified Development Program and were found to conform to the City's general plan for its development as a whole. • xv. 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. 4 MEMORANDUM TO: Mayor and City Council THROUGH: Carl 3ullie,City Manager FROM: Eugene A.Dietz,Director of Public Works DATE: April 17,1984 RE: Tax Increment District No.7 { I, or persons on my staff, have inspected the parcels of property located within Tax Increment District No.7, identified by parcel identification numbers (PIN)as follows: 14-116-22-13-0029 14-116-22-13-0026 14-116-22-13-00;6 14-116-22-31-0010 14-116-22-31-0009 14-116-22-31-0013 14-116-22-31-0012 14-116-22-31-0004 11-116-22-44-0001 11-116-22-42-0030 13-116-22-22-0009 13-116-22-12-0001 13-116-22-11-0004 12-116-22-32-0003 14-116-22-13-0033 13-116-22-23-0007 (hereinafter"the parcels"). The inspections disclose the following: 1. In the District there are two partially constructed buildings. The partially constructed buildings are not structurally substandard and do not require substantial renovation or clearance. 2. The parcels are 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 total acreage of the parcels do not have a fair market value which, when added to the estimated cost of preparing that land for development excluding costs related to roads and local improvements, if any, exceeds their anticipated fair market value after completion of such preparation. 3. The parcels do not consist of air rights over a public street,highway or right-of-way. 4. The parcels do not consist of used rail yards,rail storage facilities or excessive or vacated railroad right-of-ways. 5. The parcels of property located within Tax Increment District No.7 are each by definition a contiguous geographic area. The Parcels are situated within the project described in Tax Increment Financing Plans for Tax Increments Districts Within Development District No.1 which is by reference the Development Program described in Modified Development Program for Development District No.1. Attached hereto as Exhibit 1 is a copy of the boundary map of Modified Development Program for Development District No.1 on which is shown the • location of the Parcels. Eu cne A.Diet Director of Public Works • -2- 10 MEMORANDUM TO: Mayor and City Council FROM: Carl Jullie,City Manager DATE: April 17,1984 RE: Tax Increment District No.7 Improvements 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 assessments to benefited 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 investment and 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. r J.Jullie Manager (0I i. @S3 - ..: CITY OFFICES/8950 EDEN PRAIRIE ROAD/EDEN PRAIRIE.MN 55344-2499/TELEPHONE 16121937.2262 i. Co! 1 April 9,1984 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. 7 to be considered for approval by the City Council of the City of Eden Prairie at a hearing of the City Council on Tuesday April 17,1984. ( 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. 7 may be used for debt se! on bonds already issued or to be issued, or for project costs. t; are invited to attend the public hearing on April 17; the Council meets starting at 7:30. Any questions or comments may be directed to my office or to John Frane, Finance Director, at 937-2262 Thank you for your consideration in reviewing this proposal. Sincer Carl J. lie City Man er cc: Roger Pauly John Frane CITY OFFICES/8950 EDEN PRAIRIE ROAO/EOEN PRAIRIE,MN 55344 2499/TELEPHONE 16121937.2262 Aar C: • April 9,1984 ' Mr. Kenneth Daniels, Chairman of the Board Joint Independent School District #287 Suburban Hennepin Technical Center 1E20 yenium Lane Minneapolis, Minnesota 55441 Dear Chn Daniels and Board Members • Enclosed please find one copy of the proposed Tax Increment Financing Plan for Tax Increment District No. 7 to be considered for approval by the City Council of the City of Eden Prairie at a hearing of the City Council on Tuesday April 17,1984. Please note that the estimated project costs have not changed from those stated in the original Development Program adopted on September 22, 1981. '(he increments accruing to Tax Increment District No. 7 may be used for debt 5ei,/ice on bonds already issued or to be issued, or for project costs. You are invited to attend the public hearing on April 17; the Council meets starting at 7:30. Any questions or comments may be directed to my office or to John Frane, Finance Director, at 937-2262 Thank you for your consideration in reviewing this proposal. Si er Carl J. llie City Man ger cc: Roger Pauly John Frane c1 • CITY OFFICES/8950 EOEN PRAIRIE ROAD/EDEN PRAIRIE,MN 55344.2499/TELEPHONE g12)937.2262 1 M=1., i t 11 i April 9,1984 • 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. 7 to be considered for approval by the City Council of the City of Eden Prairie at a hearing of the City Council on Tuesday April 17,1984. 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. 7 may be used for debt Service on bonds already issued or to be issued, or for project costs. • yoJ are invited to attend the public hearing on April 17; the Council meets starting at 7:30. Any questions or comments may be directed to my office or to John Frane, Finance Director, at 937-2262 Thank you for your consideration in reviewing this proposal. Sincer • Carl J. J l e City Mana e cc: Roger Pauly John Frane ( 'XL( • rtxlr,,.d Pohl.:Moo S':cater \l1'EIi'I'.11F 1'I1ti It IIK.AIiI\t: • L'111'111 1111.\I'i(:11121i • • 11l1'\'I 1,II III.:\\F:1'1\ • tilA'11.411-\tl\\I:.SrI,\ NO111'I ISM'III It1'I,I1I',l!..,l Owl'n,l,.U1,11 Ilhr t'omlt II ,,41i,,.(Ill of 1:111r I%ono a'.(ounl, - of Ilrl ac,'ro.Stdr r:\1,I ' ,t.,.u nl II„Id.:1v1,1,1 AAnnm""`" "' '""``" °"' °"""'""" Affidavit of Publication Nr.dn,n 11...J1onol.MP.SJ,„ul Ilan I.Hdtn Ih.t S1,n,o.c;, Iel.,tu,_to IM'llul'1,1„otuut h, Llo 1rou,:.11 of III,- 14,eloptorot 1.1o.I AI" for 15•,rlootnro1 Ile.11l,t 10 1 Illo 'I4,r1aimu•nt I hullo 1-;inn,v,,nl I.I 4lolnr.,'1n Sn,tuir..tie,iton 4:1'II U,T..t;n I eio mU,, III,'Lr. n'hd,v'to Ow t^aebh. vd ot T.,.IIn ,'l U.t''IS .1 p, 1 TA,Io.;t•itwo.F ) tor I lul l 1 t 1 Ul i Ni, i1 State of Minnesota I I„,I,t II nl ,hlt tut I 11 l ' )SS. (UM II,the 1.1, r Inrr,t„-1„rk-.,dl t„;,I(AI Ii:d1.61slF:drl' .,tl,r hn.rt not I.Itrl lh.ln.\L,r,It County of Hennepin ) :e,1*i thv pu.m, "iudwi u,'1:,\Int ,rut Ih+lna hs-.r.u1rpngI 111,r;.cal,,a IIIr,,•a,,,1nun,,,: Mark A. Weber ,being duly sworn,on oath says that he/she is the •14-llfC7•lanr_, 1.1 lt,1cIll❑en 1,ol rkrsown at Eden Pnlne News, has lull 2 14-nG-rt-1.14,1; I sal talon flrn 1,1 publisher or authorized agent and employee i the publWler of the newspaper .F I1-I IJ;:1 nnn«'l:!t{'!III Inn('luw.l 15ed'T knowl.•dge of the facts which are slate below: • 14-1 Ir-2a.al-l%IIIL IA hY I'rr.er.r 1'onolerr1ul almeallon as newspaper,as pro. Pink.\„I Ut (A)The newspaper has complied with all of the requirementscalWitutNgq , III11'o-2 1.1 mkyl 1.3 ti2 i . r 1'unu.: 1,d sided by Minnesota Statutes 131.02,Y31.66,and other applicable lawn. 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I, 11111,\11-. I ;4 t Sti IIli,Nob I \t +.d '.1 , •,.i li'-'ItI 4".,tf IllI I , h 1 Sol 1SI SI, Ill . 1 I IILl 4II S1 In \W „I/ut11 I ..I I !111 N. I r'\I N,1"12 I.i1 11' t Ign 1"1 n.ti ,II,..,I W'Iru I t rl i 1 1 1' I I :to the I I -1 KeMe••••'•t eYra^ 114,111.1 in, 11111..nt N. e ill I •Ill kloil,.I,I .I :1 II 41... 'e` a III I t i I I'I Ill 1 ) m ;. 1 t� :t I'^ !• 1 i .,em the .,tr.,h,t ,,t 1 ,r 1 t,I t r, I i:111\ I.! Il.t ll lh 1 Cl., II ,1'0l l,.lo tl to live l'd,n t'..,nn'St„ ,1 \I,1.1 J \J I\,1 1 J 7 11 - ,h It fl,\ . -„ I:445 S, II I f I 1 I ,,,,it r1 (� 1 It\J 1 ,;�11 i 1 \t 1 1 JI ,ti 1 " 3 ---_ ---- ---- • APRIL 17,1984 1f. 3 VOID OUT CHECK 160.00- 13042 VOID OUT CHECK' 1184.17- 13045 MENARDS NAILS-ENGINEERING DEPT 18.88 13D46 EARL FINLAYSON FORMS-ENGINEERING DEPT 25.3D 13047 ENERGY MANAGEMENT INC CONFERENCE-FIRE DEPT 15.00 13048 MINNESDTA STATE TREASURER FEE-ROUND LAKE PARK 10.00 13049 BARBARA TOLANDER REFUND-YOGA CLASSES 10.50 13D50 ELAYNE RENIER REFUND-YOGA CLASSES 10.50 13051 NANCY NELSON REFUND-YOGA CLASSES 10.50 13052 MARY DREVE REFUND-EXERCISE CLASSES 45.00 13053 KATHY CUMMINGS REFUND-GARDENING CLASSES CANCELLED 2.50 13054 FEDERAL RESERVE BANK PAYROLL 3/30/B4 16931.93 13055 COMMISSIONER DF REVENUE PAYROLL 3/30/B4 9639.20 13D56 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 3/30/84 13609.39 13057 MENARDS STEEL POSTS-STREET DEPT 19.52 13058 AETNA LIFE INSURANCE PAYROLL 3/30/84 114.00 13059 MINNESOTA STATE RETIREMENT PAYROLL 3/30/84 4073.0050 1306D GREAT WEST LIFE ASSURANCE CO PAYROLL 3/30/B4105.75 13061 UNITED WAY OF MINNEAPOLIS PAYROLL 3/30/84 13062 PERA PAYROLL 3/30/84 16197.18 13063 QUALITY WINE CO WINE 512.07 13064 JOHNSON BROTHERS WHOLESALE LIQUOR 2179.78 13065 ED PHILLIPS & SONS CO LIQUOR 2807.67 13066 GRIGGS CODPER & CO INC LIQUOR 3001.21 %. '"'67 INTERCONTINENTAL PACKAGING CO WINE 582.08 68 BELLBOY CORP LIQUOR 651.25 13069 DANA GIBBS MARCH PACKET DELIVERY 91.00 13070 PETTY CASH POSTAGE 9.36 13D71 WENDY BURNS CARLSON SKATING INSTRUCTOR/FEES PAID 131.90 ; d 13072 CATHERINE RUE REFUND-EXERCISE CLASSES 9.25 13073 MINNESOTA DEPARTMENT OF ECONOMIC PAYROLL 204.02 13074 MENARDS SNOW FENCE FOR BASEBALL FIELD-PARKS DEPT 398.08 13075 NATIONAL REGISTRY NATIONAL EMT TESTS-FIRE DEPT 195.00 13076 ST PAUL RED CROSS-SAFETY SERVICES CONFERENCE-COMMUNITY CENTER 2D.D0 13077 NORTHCO LTD APRIL RENT-LIQUOR STDRE 3390.23 j 13078 SUPPLEES 7 HI ENTERPRISES APRIL RENT-LIQUOR STORE 3524.05 13079 BRANDON ANDERSON REFUND-KARATE CLASSES 27.00 130B0 ERIC KLEVEN REFUND-KARATE CLASSES 27.00 13081 RICHARD MILLER HOMES INC SPECIAL ASSESSMENTS REFUND 33092.05 13D82 STATE DISTILLERS INC LIQUOR 241.40 130B3 PAUSTIS & SONS WINE 193.82 , 13084 CAPITOL CITY DISTRIBUTING CO WINE 1083.7D 13085 QUALITY WINE CO WINE 2816.22 13086 TWIN CITY WINE CO WINE 645.27 13087 GRIGGS COOPER & CO INC LIQUOR 2234.62 1308E INTERCONTINENTAL PACKAGING CO WINE 912.68 13089 EAGLE WINE CO WINE 1795.44 :4. 13090 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 1287.8? 13091 PRIOR WINE CO WINE 14D.60 j '092 ED PHILLIPS & SONS CO LIQUOR 4898.64 -,.093 BEER WHOLESALERS INC BEER 4046.35 13D94 CITY CLUB DISTRIBUTING COMPANY BEER 6922.74 13095 COCA COLA BOTTLING CO MIXES 531.57 .i 13096 DAY DISTRIBUTING CO BEER 2580.38 13097 EAST SIDE BEVERAGE COMPANY BEER 4229.55 14495778 A 13098 GRIGGS BEER DISTRIBUTORS INC BEER 3741.65 13D99 KIRSCH DISTRIBUTING BEER 151.45 }- 00 A J OGLE CD INC BEER 747.50 `. 1 ,01 PEPSI COLA/7 UP BOTTLING CO MIXES 482.50 13102 ROYAL CROWN BEVERAGE COMPANY MIXES 35.30 13103 THORPE DISTRIBUTING COMPANY BEER 7180.30 13104 AT & T INFORMATION SYSTEMS SERVICE 56.41 13105 AT & T INFORMATION SYSTEMS SERVICE 782.63 13106 ACRO-MINNESOTA INC OFFICE EQUIPMENT-PLANNING & ASST MANAGER 1101.23 13107 AMERICAN LINEN SUPPLY CO MOPS/DUSTERS-LIQUOR STORE 8.85 1310E AMERICAN PLANNING ASSOCIATION OUES-PLANNING DEPT 10.00 13109 AMI PRODUCTS INC MOTOR-EQUIPMENT MAINTENANCE 208.15 13110 EARL F ANDERSEN & ASSOC INC STREET SIGNS 672.02 13111 ARA TRANSPORTATION BUS SERVICE-SKI TRIP/FEES PAID 122.40 13112 ARMOR SECURITY INC 2ND QTR 84 ALARM SYSTEM-SENIOR CENTER 96.00 13113 ART MATERIALS INCORPORATED SUPPLIES-PARK PLANNING 49.30 13114 ASPLUND COFFEE CO CONCESSIONS STAND SUPPLIES-COMMUNITY CTR 90.00 13115 AUTO CENTRAL SUPPLY ENGINE STAND/TAPE/GLASS-EQUIP MAINTENANCE .208.84 13116 AUTO PARTS PRO OF HOPKINS EQUIPMENT PARTS 45.59 13117 AUTOTRAAC SPEEDOMETER TESTS-PDLICE DEPT 30.00 13118 CITY OF BLOOMINGTON FEBRUARY 84 IMPOUND FEES 180.00 13119 BLOOMINGTON LOCKSMITH COMPANY REPAIR LOCKS-P/S BLDG 40.00 13120 BOYER FORD TRUCKS DRIVE SHAFT-EQUIPMENT MAINTENANCE 33.93 13121 BRAUN ENGINEERING TESTING INC SERVICE-CARMEL ADDITIONS 811.70 13122 ANDREA BROSCH RACQUETBALL INSTRUCTOR/FEES PAID 75.00 13123 BRYAN ROCK PRODUCTS INC MARCH 84 ROCK 2502.24 13124 BURTON EQUIPMENT INC BOLTS-WATER DEPT 8.40 " 125 BUSINESS FURNITURE INC 1 CHAIR-POLICE DEPT/2 CHAIRS-P/W BLDG 754.50 -_126 BUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 242.50 13127 CAMP INDIAN CHIEF REFUND SEWER BILL 86.93 13128 CARGILL SALT DIVISION DEICING SALT-STREET DEPT' 813.65 . 13129 CARLSON GREENHOUSE PLANT-WATER DEPT 40.00 13130 CENTURY LABORATORIES INC SUPPLIES-COMMUNITY CENTER 137.13 13131 CHANHASSEN BUMPER TO BUMPER -SANDER/BODY PUTTY/DISC PADS/EXHAUST/ 2912.57 -CLAMPS/FAN BELTS/FLASHERS/ENGINE $1369.0O -SPARK PLUGS/OIL & AIR FILTERS/U-JOINT/ -MUFFLER/GASKET/THERMOSTAT/MOTOR/CHOKE/ BRAKELINES 13132 CHAPIN PUBLISHING COMPANY LEGAL ADS-STARING LAKE PARK 98.28 13133 CLUTCH & U-JOINT BURNSVILLE INC HOSES/HU8 LOCK/CAR SHAFT-EQUIPMENT MAINT 76.19 13134 COMMISSIONER OF TRANSPORTATION SERVICE-PRAIRIE CENTER DRIVE 2697.99 13135 CONWAY FIRE & SAFETY INC -6 PAIRS GLOVES $146.91/2 PANTS $31O.20 635.91 CLEANING SUPPLIES-FIRE DEPT 13136 COPY EQUIPMENT INC FLAGGING TAPE/RANGE POLE/LUFKIN CHAIN-ENG 449.23 13137 GLEN CORRIVEAY REFUND-EXERCISE CLASSES 6.00 13138 COUNTRY CLUB MARKET INC SUPPLIES-CITY HALL 190.67 13139 CROWN RUBBER STAMP CO OFFICE SUPPLIES 7.45 13140 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 1828.99 13141 CWDC INOUSTRIES INC STAKES-ENGINEERING DEPT 509.00 13142 WARD F DAHLBERG APRIL EXPENSES 80.00 13143 DALCO CLEANING SUPPLIES-COMMUNITY CENTER 227.32 13144 EUGENE A DIETZ MARCH 84 EXPENSES 165.00 ( I45 DONS APPLIANCE & TELEVISION CLOSED CIRCUIT TV VIEWER-P/S BLDG 399.95 . %.1146 DORHOLT INC OFFICE SUPPLIES-POLICE DEPT 219.00 .f 3204965 161 , sl 13147 DRISKILLS SUPER VALU#2 EXPENSES-FIRE & POLICE DEPT 149.86 13148 TIM OUNSMORE HDCKEY OFFICIAL/FEES PAIO 45.00 4 12'9 ECONOMICS PRESS INC SUBSCRIPTION-MANAGER 113.76 1 0 EOEN PRAIRIE TRASHTRONICS MARCH 84 TRASH PICKUP 280.00 13151 ELVIN SAFETY SUPPLY INC MASK/HEADGEAR-WATER DEPT 48.70 13152 JEFFREY R ELWELL MILEAGE-COMMUNITY CENTER 11.00 13153 EMERGENCY MEDICAL PROOUCTS INC AIRWAYS/MASKS-FIRE DEPT 148.67 13154 EMERGENCY SERVICE SYSTEMS INC REPAIR SCANNER DN SQUAD CAR 48.95 i 13155 EMPIRE-CROWN/AUTO INC AUTD PARTS-POLICE DEPT 136.57 13156 KAREN ENO SERVICE-PARK & RECREATION COMMISSION MTG 3.00 13157 TAMARA FAY INSTRUCTOR-EXERCISE CLASSES/FEES PAIO 24.00 13158 FEED-RITE CONTROLS INC SULFATE-WATER DEP 1820.20 13159 FITNESS STORE EXERCISE EQUIPMENT-POLICE DEPT 299.00 13160 FLOOR CARE SUPPLY CO CLEANING SUPPLIES-COMMUNITY CENTER 90.00 13161 JAN FLYNN CAMERA-SENIDR CENTER 119.99 13162 DAVID FRAZIER HOCKEY OFFICIAL/FEES PAID 12.00 13163 G & K SERVICES JACKETS/TOWELS 98.50 13164 G L CONTRACTING INC SERVICE-JEDLICKI BLDG 761.00 13165 GENERAL COMMUNICATIONS INC RADID REPAIR & PARTS 653.60 13166 GENERAL OFFICE PRODUCTS COMPANY OFFICE SUPPLIES 124.98 13167 GLADWIN AGENCY NOTARY BOND-PDLICE DEPT 30.00 13168 KYLE GRACE REFUND-POST NATAL CLASSES 25.00 13169 GREENKEEPER INC LAWN IRRIGATION SYSTEM-FIRE STATIDN #2 1000.00 13170 GUNNAR ELECTRIC COMAPNY INC 2 BALLASTS/PLATE-CITY HALL 76.02 13171 CHUCK HAROY VOLLEYBALL OFFICIAL/FEES PAID 48.00 13172 HARMON GLASS WINDSHIELD-EQUIPMENT MAINTENANCE 198.62 13173 KARIN HARRIS INSTRUCTOR/EXERCISE CLASSES/FEES PAID 641.60 ) '4 HEOBERG & SONS CO CONCRETE BLOCKS-POLICE DEPT 11.96 1._/5 HENNEPIN COUNTY CHIEFS OF POLICE SCHOOL-POLICE DEPT 290.00 13176 HENNEPIN COUNTY TREASURER OIL & GREASE-EQUIPMENT MAINTENANCE 18.15 13177 HERITAGE PRINTING FORMS-ATHLETIC CO-ORDINATOR/PDLICE DEPT 106.60 13178 JANICE HIGHT REFUND-POST NATAL CLASSES 5.14 13179 HONEYWELL INC - MECHANICAL MAINTENANCE AGREEMENT-WATER DPT 11904.00 13180 HOPKINS PARTS CO BELTS-EQUIPMENT MAINTENANCE 38.36 13181 INDEPENOENT SCHOOL DISTRICT #272 MARCH 84 CUSTODIAL SERVICE 1267.71 1 13182 INTERNATIONAL BUSINESS MACHINES C OFFICE SUPPLIES-POLICE DEPT 145.44 13183 I C 8 0 BODK-8LDG OEPT 31.35 13184 J & R RADIATOR CORP REPAIR RADIATOR-EQUIPMENT MAINTENANCE 23.00 13185 JM OFFICE PRODUCTS INC OFFICE SUPPLIES 196.96 13186 PETE W JACKSON HOCKEY OFFICIAL/FEES PAID 232.50 13187 JAK OFFICE PRODUCTS CD OFFICE SUPPLIES-POLICE DEPT 6.34 131:': JUSTUS LUMBER COMPANY LUMBER-PARK MAINT/P/S BLDG 731.35 13189 BETH KALUZA REFUND-POST NATAL CLASSES 25.00 13190 KARULF HARDWARE INC -CAR WAX/VARNISH/SPRAY PAINT/GLOVES/ 909.10 -CONCRETE/RIVET TOOL/LIGHT BULBS/KEYS/ -BATTERIES/SCREWS/ELECTRIC CORD/PAINT/ -8RUSHES/PAINT PAIL/SHOVEL/SMOKE DETECTOR/ -TAPE/80LTS/CHAIN/DOWEL/SANDPAPER/NAILS/ . HINGES 13191 JOHN M KELLEY HOCKEY OFFICIAL/FEES PAID 45.00 13192 KLEVE HEATING & AIR CONDITIONING REPAIR FURNANCE 60.00 13193 KRAEMERS HOME CENTER -2 BICYCLES NES/PAINT/WIIE/ELECTRICAL PARTS/ 1088.13 1 L94 KROY INC KROY TAPE-POLICE DEPT 342.00 2448611 • • • 13195 LANCE SUPPLIES-LIQUOR STORE 33.80 13196 LEAGUE DF MINNESOTA CITIES BOOK-MANAGER 9.00 13 ' LEEF BROS INC MARCH 84 RUG SERVICE 296.49 1 -.d LOWELLS AUTOMOTIVE SPECIALISTS PAINT-PARK MAINTENANCE 105.93 13199 MACDONALD & MARK PARTNERSHIP RESTORATION OF CUMMINS-GRILL HOUSE 300.00 13200 MARTENS DDG FOOD OOG FOOD-POLICE DEPT 15.OD 13201 RANDY MASON HOCKEY OFFICIAL/FEES PAID 15.00 13202 MATTS AUTO SERVICE INC TOWING SERVICE 246.00 13203 MCGLYNN BAKERIES INC EXPENSES 48.94 13204 MEDICAL OXYGEN & EQUIP CO OXYGEN-EQUIPMENT MAINTENANCE 44.33 13205 METRO ALARM INC 2ND QTR 84 ALARM SYSTEM-PDLICE OEPT 144.00 13206 METRO FONE COMMUNICATIONS INC APRIL 84 PAGER RENTAL 89.52 13207 METRO PRINTING INC PRINTING-PARK PLANNING 11.00 13208 MIDLANO PRODUCTS COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 196.30 13209 MIDWEST ASPHALT CORPORATION WINTER MIX-STREET OEPT 127.60 13210 MINNEAPOLIS AREA CHAPTER FILM RENTAL-COMMUNITY CENTER 133.OD 13211 MINNESDTA DEPARTMENT OF P/S SERVICE 40.00 13212 MINNESDTA CITY MANAGEMENT ASSOC DUES-MANAGER • 25.00 13213 VOID OUT CHECK 0.00 13214 MINNESOTA PLAYGROUND INC THERMOMETER - CCMMUNITY CENTER 17.22 13215 MODERN ELECTRIC REPAIR EXHAUST FANS-PARK MAINTENANCE 40.00 13216 MODERN TIRE CO 10 TIRES-EQUIPMENT MAINTENANCE 461.11 13217 GREGG NELSON TRAVEL INC EXPENSES-POLICE DEPT 298.00 13218 NORTH STAR WATERWORKS PRODUCTS FLANGE/NOZZLES/PLATES-WATER DEPT 1094.38 13219 NORTHERN STATES POWER CD SERVICE 80B0.45 13220 NORTHWESTERN BELL TELEPHONE CO SERVICE 2571.13 13221 NORWEST BANK MINNEAPOLIS NA BOND PAYMENTS 20414D8.35 T °2 OLIN WATER SERVICES CHEMICALS-WATER DEPT 2899.92 1..�23 HARRY ORTLOFF HOCKEY OFFICIAL/FEES PAID 40.00 13224 PEPSI COLA BOTTLING CO CONCESSION STANO SUPPLIES-COMMUNITY CENTER 144.50 13225 CONNIE L PETERS MARCH MILEAGE 17.25 13226 PNEUMATIC CONTROLS INC 1984 MAINTENANCE AGREEMENT-COMMUNITY CTR 1778.00 13227 POMMER MFG CO INC -TABLIETENNIS/VOILEYBALL/RACQUETBALL 450.00 T13228 POWER SYSTEMS CHAINS-EQUIPMENT MAINTENANCE 142.00 13229 PRAIRIE ELECTRIC COMPANY INC ELECTRICAL REPAIRS-COMMUNITY CTR/P/W BLDG 2365.95 13230 PRAIRIE LAWN & GARDEN FILTERS/REPAIR SNOWBLOWER-POLICE DEPT 33.25 13231 PRECISION BUSINESS SYSTEMS INC OICTATION MACHINE-PLANNING DEPT 290.28 13232 PRIOR LAKE AGGREGATES INC SAND 388.32 13233 Q C DIVISION CLEANER-EQUIPMENT MAINTENANCE 88.70 13234 Q R S CORPORATION SERVICE-STEWART ORIVE 2503.10 13235 R & R SPECIALTIES INC SHARPEN ZAMBONI BLADES-COMMUNITY CENTER 93.10 13236 CITY OF RICHFIELD OISPATCH SERVICE-POLICE DOT 10938.22 13237 RIEKE-CARROLL-MULLER ASSOCIATES I PRAIRIE E-AUTUMNOWDODS/LAVONNE IND PK/ 6846.13 IVE 13238 ROAD MACHINERY & SUPPLIES CO REPAIR CYLINDER/HOOK-EQUIPMENT MAINTENANCE 342.29 13239 ROBBINSDALE FARM PET SUPPLY INC DOG FOOD-POLICE DEPT 370.65 13240 SAILOR NEWSPAPERS ADS-LIQUOR STORES 135.00 13241 SAILOR NEWSPAPERS EMPLOYMENT AD-PLANNING DEPT 30.0D 13242 SAUNDERS-THALDEN & ASSOCIATES INC SERVICE-PURGATORY CREEK RECREATION AREA 4777.49 13243 ST REGIS CORPORATION STEEL POSTS-ROUND LAKE PARKING LOT 266.60 13244 SEARS ROEBUCK & CO ROUTER/ONE INCH JOINTER 8IT-PARK MAINT 75.98 ?45 SHAKOPEE FORD INC REPAIR TRANSMISSION/REPLACE HEATER CORE 1086.496 za246 SHOE CARE & REPAIR SUPPLIES-POLICE DEPT 195 2091974.69 13247 W GOROON SMITH CO -BELTS/SPARK PLUGS/GREASE/OIL/REGULAR GAS 3663.21 $3177.00 217.22 IfB SOUTHWEST SUBURBAN PUBLISHING INC AOS-LIQUOR STORES 11,9 SOUTHWEST SUBURBAN PUBLISHING INC EMPLOYMENT ADS-COMMUNITY SERVICES 112.50 13250 SPECIALTY SCREENING CAR DECALS-POLICE DEPT 1B4.00 13251 SPRAYCO INC REPAIR CAR WASH MACHINE-FIRE DEPT 3B.80 13252 STANDARD SPRING COMPANY REPAIR CAR SEATS-SQUAD CARS 35.40 13253 WILLIAM STANLEY FENCING INSTRUCTOR/FEES PAID 130.00 13254 STATE OF MINNESOTA BOOK-BLDG OEPT 11.50 13255 OON STREICHER GUNS INC 3 SHOTGUNS/AMMUNITION-POLICE DEPT 1942.00 13256 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORE 2B.16PT 132578 SUTPHEN TORPSRATION 2WCALCULATORSTCH-FIRE -PLANNING DEPT B9.98 13258 TARGET STORES 9 4949..99 13259 TARGET STORES INC CALCULATOR-ASSESSING DEPT 13260 ROBERT THURSTON REFUND-SWIMMING CLASSES g2B.00 s 13261 TOTAL PATIENT CARE SYSTEMS 2 RESUSCITATORS-FIRE DEPT B480.00 13262 TRACY OIL CO INC UNLEADED GAS-STREET DEPT • 13263 BEN TUDOR CANCELLED TREE ORDER-FORESTRY DEPT .137.00 13264 TWIN CITY OXYGEN CO OXYGEN-EQUIPMENT MAINTENANCE 21.34 ,a 13265 TYPE HOUSE+DURAGRAPH SUPPLIES-PARK PLANNING 14.20 13266 UNIFORMS UNLIMITED TROUSERS/NAMETAGS-FIRE DEPT 44.75 13267 UNLIMITED SUPPLIES INC -COTTER PINS/CONNECTORS/SCREWS/BOLTS- 202.72 EQUIPMENT MAINTENANCE 1326E VESSCO INC -BUFFER SOLUTION/VALVE/WASHER/CLAMPS/ 1577.44 CHLORINATOR/PUMP-WATER DEPT 13269 VIKING LABORATORIES INCORPORATED BICARBONATE OF SOOA-COMMUNITY CENTER 79.00 . . 13270 KEITH WALL EXPENSES 3.25 y. 71 WATER PRODUCTS COMPANY CHAMBER PLATE/GASKET/PIPE-WATER DEPT 970.94 (.02 WHOLESALE LIGHTING INC LIGHT BULBS-WATER DEPT 29.40 13273 BETH WILLETTE REFUND-SWIMMING CLASSES 9.00 13274 XEROX CROPORATION SERVICE 1670.67 13275 ZEP MANUFACTURING COMPANY CHOKE & CARBURATOR CLEANER-EQUIPMENT MAINT 39.41 13276 ZIEGLER INC WATER PUMP/CUTTING EDGES-EQUIP MAINTENANCE 1353.30 } 13277 CONSTRUCTION BULLETIN SUBSCRIPTION-ENGINEERING DEPT 49.50 1327E BRUNSON INSTRUMENT COMPANY LOCATOR-ENGINEERING DEPT 578.00 13279 MINNESOTA OAILY EMPLOYMENT AO-COMMUNITY SERVICES 32.20 "' 13280 MINNESOTA GAS COMPANY SERVICE 3392.9? ;. 13281 MINNEAPOLIS STAR & TRIBUNE CO EMPLOYMENT ADS-COMMUNITY SERVICES 158.40 13282 NORTHERN STATES POWER COMPANY SERVICE 24.95 " 13283 NORTHWESTERN BELL TELEPHONE CO SERVICE 154.96 13284 RIEKE-CARROLL-MULLER ASSOCIATES I SERVICE-OELL ROAD STUDY 713.98 I3285 E G RUO & SONS INC SERVICE-CARMEL AND SHAOY OAK ROAD 161.00 13286 SUSAN M SELSETH VOLLEYBALL OFFICIAL/FEES PAID 36.00 13287 NORTHOALE CONSTRUCTION CO SERVICE-PRAIRIE CENTER ORIVE 32593.39 13288 0 & P CONTRACTING CO SERVICE-KILMER/ATHERTON WAY 260.20 13289 SHAFER CONTRACTING INC SERVICE-PRAIRIE CENTER ORIVE 24897.51 t 13290 W 0 BLYTHE REFUND-INTRO TO SAILING 7.00 j'. 13291 JOHN MALLO REFUND-EXERCISE CLASSES 24.00 g 13292 CHUCK OWEN REFUNO-EXERCISE CLASSES 24.00 13293 STEVE YERKES REFUND-EXERCISE CLASSES 24.00 13294 RONALD YOUNG REFUNO-EXERCISE CLASSES 24.00 13295 POWER PROOUCTS ' EQUIPMENT-STREET DEPT 24.95 ( 296 BROWN PHOTO FILM-POLICE/PLANNING/WATER DEPT 166.71 3 `13297 M-V GAS COMPANY FUEL-SENIOR CENTER 325.60 8574380 i 1'71) 13298 NORTHERN STATES POWER CO SERVICE-STREET LIGHTING 3000.00 13299 NORTHERN STATES POWER CO SERVICE • 3.51 1 00 SNAP-ON TOOLS CORP SOCKET SET-EQUIPMENT MAINTENANCE 50.00 13301 WESTERN LIFE INSURANCE CO INSURANCE 702.63 13302 GROUP HEALTH PLAN INC INSURANCE 1991.28 13303 PHYSICIANS HEALTH PLAN INSURANCE 11518.68 13304 CITY OF EDINA MARCH 84 TESTS-WATER DEPT 89.50 13305 IDENTIFICATION SERVICES INC PLATES-WATER DEPT 12.87 13306 JIM KRIEGER REFUND-EXERCISE CLASSES 24.00 13307 LEEF BROS INC MARCH 84 COVERALL SERVICE-WATER DEPT 102.30 13308 NORTHDALE CONSTRUCTION RETAINER-PRAIRIE CENTER DRIVE 43014.87 60509.64 $2439721.67 • • { April 17, 1984 Cash Disbursements by Fund number • 10 GENERAL 152626.58 11 CERTIFICATE OF INDEBT 1768.44 15 L/S PRAIRIE VILLAGE MALL 28522.9036211.29 17 L/S PRESERVE 31 PARK ACOUIST 6 DEVELOP 1942.79364.88 36 P/S 6 P/W BOND FUND272997.05 44 UTILITY DEBT FUND 215269.85 47 80 G 0 DEBT FUND2334.74 51 IMPROV CONST FUND 55 1MPROV DEBT FUND ARB 955905.00 V ROAD IMPROVE DEBT FUND 630328.50 • WATER FUND 23709.36 77 SEWER FUND 2622.47 81 TRUST 6 ESCROW FUND 1059.00 B7 COMMUNITY DEVELOP BLOCK G 5077.49 90 TAX INCREMENT CONST FUND 1089B1.33 S2439721.67 11 March 6, 1984 Mr. Carl Julli.e no 2 1- City Th narer r 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Dear Sir; In preliminary meetings concerning the planning of the annual Eden Prairie Eight Mile running race, held in conjunction with the Lions Club Schooner Days, officer Jim Clark of the Eden Prairie Public Safety Department surfaced several good ideas and suggestions. It is my understanding that, in effect, this event has not been run in con- plience with local laws and regulations in the past. Therefore, our committee would like to apply for a parade permit to cover the race at this time. The pic::n^d course for the race is a follows: Start at Eden Prairie High School, proceed East on Valley View Road to County Road #4, North on County Road #4 to a' Town Line Road, West on Town Line Road to Duck Lake Road, South en Duck Lake Road to Duck Lake Trail, West on Duck Lake Trail to Tartan Curve, South on Tartan Curve to Valley View Road, East on Valley View Road to the race finish at Round �. Lake. The race date is Saturday June 2, 1984. We plan to start the race at 10:45 R.M. end finish approximately 90 min. later. The number of participants is rather difficult to estimate; weather and other '+ races in the area would have a limiting effect. However, this year we are hepeful of attracting between 500 and 700 runners. This is an intermediate distance race on a course that is not overly demand- •I ing. In light of this, officer Clerk feels that the Public Safety Department and the Fire Department can provide adequate coverage for the control and safety of the race crowd. If there are any questions concerning the race or request for a permit, 1. please feel free to contact me. Your truly,, C7tA,1�. v-.:4 1 Terry L. Fields, Race director • M-14 April 11, 1984 TO: Carl Jullie, City Manager FROM: Lt. Jim Clark, Public Safety T SUBJECT: PARADE PERMIT FOR LIONS CLUB 8-MILE RACE R I would recommend that the City grant the permit for the 9. Schooner Days race on June 2. This recommendation is based on information obtained from sponsoring groups, assessments of our resources, and review of the route that the race will cover. I would suggest that the City recommend to sponsoring groups that an evaluation take place following the race. This data 0 would be useful for any future similar requests as we have not experienced such an event in the past. FThe following items have been taken care of to date: 1. At our request, Willie Emery of Suburban National Bank has seen to it that sponsoring agencies have proper insurance coverage. C 2. Mr. Dennis Hanson, Hennepin County Engineering Department, has approved our request to use County Road 4 from Valley , View Road to Townline. E3. Eden Prairie Fire Department will provide emergency medical coverage and backup traffic control. 4. Reserve officers, park rangers, and Public Safety officers will provide traffic control. 5. Lions Club will attempt to schedule other events so they don't conflict with this event(minimize traffic and parking problems) . 6. Local media will be contacted to advise public of possible Etraffic congestion (prior to event) . The race will have the following impact on traffic: 3 O 1. Valley View from Hames Way to County Road 4 will be closed / for approximately 20 minutes to 30 minutes at start of race. 4 (more) M-14 • Carl Jullie Page 2 April 11, 1984 fi N 2. Southbound County Road 4 from Valley View Road north to Baywood Lane will be closed for approximately 20 minutes Tat start of race. E 3. The race should be able to use shoulder of road from that point on. R 4. Duck Lake Trail and County Road 4 will require monitoring and traffic control. 5. Townline and County Road 4 will require monitoring and traffic control. 6. Duck Lake Road and Townline Road will require monitoring and traffic control. 0 7. Duck Lake Trail and Duck Lake Road will require monitoring and traffic control. F8. Tartan Curve and Valley View Road will require monitoring - and traffic control. f I 9. Hames Way and Valley View will require monitoring and traffic control. C E JC:sm • M E M 0 c • TO: Mayor and Council FROM: John Frane DATE: April 12, 1984 RE: Final approval IDR's for the BBS Partners - Resolution 84-76 - $1,750,000 The attached memo from Mr. Rosow explains the current status of federal IDR legislation. While there is some risk that this transaction could eat up all or substantially all of a possible per capita allotment, I believe that risk to minimal. Resolution 84-76 will be in the Mayor's signature file. • —1")(. 1 i ( MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Richard F. Rosow, City Attorney DATE: April 10, 1984 RE: BBS - Commerical Development Revenue Note BBS Partners is requesting that the City issue a Commerical Development Revenue Note in the amount of $1,750,000.00. The purpose of this financing is to refinance the Commerical Development Revenue Note issued by the City in November, 1983. The Note originally issued in November 1983, has a maturity date of May 31, 1985. As you have previously been made aware there is presently pending in Congress an amendment to the Internal Revenue Code which would place a per capita limit on the total amount bonds can be issued in any municipality. Bond Counsel is of the opinion that the present financing is a "refunding issue" within the terms of the proposed legislation and pursuant to the legislation therefore not subject to the per capita limitation. 1 y�-1 I 1 1 A I Memorandum Mayor and City Council Page 2 As the proposed legislation has not yet been acted on it is impossible to determine with any certainty whether this transaction will remain exempt from the per capita limitations. Bond Counsel has inserted in paragraph 7 of the Resolution (and I have requested that similar language be included in the Loan Agreement between the City and BBS Partners) a provision that specifies that the Council does not intend to use and specifically disclaims using, for this project, any portion of an allocation to issue industrial development bonds that may be available to the City under the pending legislation. Even with this disclaimer it is not possible to guarantee that should the per capita limitation apply to this project that this disclaimer would be effective. Therefore, there is a risk, even though it may be small, that the issuance of this Note will count against the per capita limitation. -117 • • SRA/4-83 ORDINANCE NO. CITY OF COUNTY, MINNESOTA. An ordinance granting Minnegasco, Inc., a Minnesota corporation, its successors and assigns, a nonexclusive franchise to con- struct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ground of the City of Minnesota for such purposes; and prescribing certain terms and conditions thereof. THE CITY COUNCIL OF ORDAINS: SECTION 1. DEFINITIONS. The following terms shall mean: 1.1. Company. Minrreyasco, Inc., a Minnesota corporation, its successors and assigns. 1.2. Gas. Natural gas, manufactured yes, mixture of natural gas and manufactured gas or other forms of gas energy. 1.3. Municipality_, Municipal Council, Municitrai Clerk. These terms mean respectively, the City of the Council of tire City of and the Clerk of the City of 1 .4. Public Ground. All streets, alleys, public ways, utility casements and public. ,rounds of the Municipality as to which it has the right to grant: the use to the Company. SECT ION 2. FRANCHISE GENERALLY. 2.1. Grant of Franchise. There is hereby granted to the Company, from the effective date hereof through June 30, 2003, ttre right to import, manufacture, transport, distribute and sell gas for public and private use in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under rind across the Public Ground of the Municipality, all facilities and equipment used in connection therewith, and to do all things which are necessary or "customary- in the accomplishment of these objectives,ctives, subac t9 o y � ' cinances, other appli- cable ordinances, permit , practices, and the pxovrsions of this (ranch y START OF RETAKE The images appearing between this point and the End of Retake target are true, accurate, and complete copies of records that previously were not filmed or were filmed incorrectly. • • SRA/4-83 ORDINANCE NO. CITY OF , COUNTY, MINNESOTA. An ordinance granting Minnegasco, Inc., a Minnesota corporation, its successors and assigns, a nonexclusive franchise to con- struct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ground of the City of , Minnesota for such purposes; and prescribing certain terms and conditions thereof. • • THE CITY COUNCIL OF ORDAINS: i • SECTION 1. DEFINITIONS. The following terms shall mean: 1.1. Company. Minnegasco, Inc., a Minnesota corporation, its successors and assigns. • 1.2. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. • 1.3. Municipality, Municipal Council, Municipal Clerk. These terms mean respectively, the City of the Council of the City of and the Clerk of the City of 1.4. Public Ground. All streets, alleys, public ways, utility easements and public grounds of the Municipality as to which it has the right to grant the use to the Company. 1.; SECTION 2. FRANCHISE GENERALLY. • 2.1. Grant of Franchise. There is hereby granted to the Company, from the effective date hereof through June 30, 2003, the right to import, manufacture, transport, distribute and sell gas for public and private use in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the Municipality, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other appli- cable ordinances, permit procedures, customary practices, and the provisions of this franchise. -7-741 1 END OF f RETAKE , 1. I i FI f , 1 is ( 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law, and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. 2.3. Nonexclusive Franchise. This is not an exclusive franchise. 2.4. Franchise Fee. The Company may be required to pay to the Municipality, in the manner and at a rate prescribed by a separate ordinance, a fee determined by collections from sales of Gas, but not to exceed 5% of the Company's gross revenues from the sale of Gas within the Municipality. Such ordinance may be adopted, amended, repealed or readopted at any time during the term of this franchise. The fee, if required, shall be effective 90 days after written notice of the ordinance to the Company. No such fee shall be effective as to sales made before January 1, 1984. The fee shall be separately stated on gas bills rendered to customers within the Municipality. ' 2.5. Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2.6. Default. If the Company is in default in• the perfor- mance of any material part of this franchise for more than 90 days aftefr receiving written notice from the Municipality of such default, the Municipal Council may, by ordinance, terminate all rights granted hereunder to the Company. The notice of default , shall be in writing and shall specify the provisions of this a franchise under which the default is claimed and state the bases therefor. Such notice shall be served on the Company by per- sonally delivering it to an officer thereof at its principal place of business in Minnesota. If the Company is in default as to any part of this fran- chise, the Municipality may, after reasonable notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be reasonably neces- sary to abate the condition caused by the default, and the Com- pany agrees to reimburse the Municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from chal- lenging the Municipality's claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the Municipality. 2 77q A SECTION 3. CONDITIONS OF USE. 3.1. Use of Public Ground. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit conditions of the Munici- pality. The permit conditions may provide for the right of inspection by the Municipality, and the Company agrees to make its facilities and equipment available for inspection at all reasonable times and places. 3.2. Permit Required. The Company shall not open or disturb the surface of any Public Ground for any purpose without first having obtained a permit from the Municipality, for which the Municipality may impose a reasonable fee to be paid by the Company. The permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The mains, services and other pro- perty placed pursuant to such permit shall be located as shall be designated by the Municipality. The Company may, however, open and disturb the surface of any Public Ground without a permit where an emergency exists re- quiring the immediate repair of its facilities. The Company in such event shall request a permit not later than the second working day thereafter. 3.3. Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two years thereafter in good condition. Said work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in good condition, the Municipality shall have the right to put it in good condition at the expense of the Company; and the Company shall, upon demand, pay to the Municipality the cost of such work done for or performed by the Municipality, including its administrative expense and overhead, together with ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the Municipality. 3.4. Relocation of Utility Facilities. The Company shall promptly, with due regard for seasonal working conditions, ti permanently relocate its facilities or equipment whenever the Municipality orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regrading, changing the location or shape of or otherwise 3 !t. 1 l 1 l Improving any Public Ground or constructing or reconstructing any sewer or water system therein, the relocation shall be at the 4 expense of the Company. If the relocation is not a result of the proper exercise of the police power, the relocation shall be at the expense of the Municipality. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the Municipality within thirty days after receipt of such order. The Municipality shall give the Company reasonable notice of plans requiring such relocation. Nothing contained in this subsection shall require the Company to remove and replace its mains or to cut and reconnect its service pipe running from the main to a customer's premises at its own expense where the removal and replacement or cutting and reconnecting is made for the purpose of a more expeditious operation for the construction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise , reasonable care to avoid damaging the Company's facilities while performing any work in any Public Ground. 3.5. Relocation When Public Ground Vacated. The vacation of 1 any Public Ground shall not operate to deprive the Company of the right to operate and maintain its facilities therein. Unless ordered under Section 3.4, the Company need not relocate until the reasonable cost of relocating and the loss and expense resulting from such relocation are first paid to the Company. 3 When the vacation is for the benefit of the Municipality in the furtherance of a public purpose, the Company shall relocate at its own expense. 3.6. Street Improvements, Paving or Resurfacing. The 1 Municipality shall give the Company reasonable written notice of 1 plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements { and the time when the Municipality will start the work, and, if more than one street is involved, the order in which this work is to proceed. The notice shall be given to the Company a suffi- cient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities the Company deems necessary. ( t 4 i 179 6 In cases where streets are at final width and grade, and the Municipality has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfacing, whenever it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4. INDEMNIFICATION. The Company shall indemnify, keep and hold the Municipality, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the Public Ground of the Municipality, unless such injury or damage is the result of the negligence of the Municipality, its elected officials, employees, officers, or agents. The Municipality shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. If a claim or action shall be brought against the Munici- pality under circumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the Munici- y. pality if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. The Company shall have E: complete control of such claim or action, but it may not settle without the consent of the Municipality, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the Municipality, and the Company in defending any action on behalf of the Municipality shall be entitled to assert every defense or immunity that the Municipality could assert in its own behalf. SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici- pality, shall have the right and authority to assign all rights conferred upon it by this franchise to any person. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this franchise. Any governmental unit succeeding the Munici- pality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality ff provided in this franchise. 1 5 1 SECTION 7. SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. SECTION 8. NOTICES. Any notice required by this franchise shall k' be sufficient if, in the case of notice to the Company, it is delivered to Minnegasco, Inc., attention Vice President, Minnesota Operations, 201 South Seventh Street, Minneapolis, Minnesota 55402, and, in the case of the Municipality, it is delivered to: SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. This franchise supercedes all previous franchises granted to the Company or its predecessors. Passed and approved _ Mayor of the City of ATTEST: Minnesota Clerk of the City of Minnesota • TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: April 11, 1984 RE: Regional Mutual Aid Association • Attached for your review and consideration is a proposed joint and cooperative agreement for use of personnel and equipment during emergencies, which is a mutual aid agreement to be utilized in the Metropolitan area. The specific purpose of the agreement is to allow cities and counties to "lend" equipment and personnel to other members of the association during times of emergencies. Attached to this memorandum is a copy of an article which appeared in the community section of the Minneapolis Star and Tribune on March 30, 1984. This article provides a fairly good narrative of the kind of program which is being implemented. The Mutual Aid Agreement is fairly simple and straightforward and generally allows City Staff to respond to the emergency needs of other member governmental agencies without the time delay associated with obtaining permission from City Council. The concept of the arrangement is based on a "good neighbor policy" and provides for no direct compensation to responding communities. I will be available at the Council meeting to answer questions regarding this matter and provide more specific information if desired. I do recommend the adoption of the accompanying Resolution and subsequent execution of the cooperative agreement. EAD:sg !: k 1 9 a • ,, I CZ ...• a Er; ......14f f d. r..9. IV, ..t ,oZ . -inv. :u . • I,,) D1,q '' l'it^i YX ,:•'-,i. Int.it,, . .C)• •. i.. CO ..-vb1_ ir 1"• vg 3 am • lif•i7Ni: 7i.Y!!!4; .• ov74,1 ( a • Al t''''' WEg9 1gdcZ1r-.1f; at4 (\I ual 0 Ot6 ; g1:1r.t. 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PURPOSE The City/County recognizes that it has authority pursuant to the provisions of the Joint Exercise of Powers Act, Sec. 471.59, Minnesota Statutes, to enter into an agreement to jointly and cooperatively exercise a power common to each of the con- tracting powers, the result being to establish a regional Mutual Aid Association representative of the various communities with authority and responsibilities relat- ' ing to utilization of resources to counteract natural and man made disasters common to all communities, together with power and authority to implement such services as t set forth. II. DEFINITION OF TERMS t. For the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1. 'Party" means a governmental unit which is a party to this Agreement. Subd. 2. "Eligible party" meansa governmental or corporation unit which is entitled to become a party to this Agreement, at its own option. Subd. 3. "Requesting party" means a party which requests assistance from other parties. , H::: Subd. 4. "Responding party" means a party which provides assistance to a re- questing party. l Subd. 5. "Assistance' includes personnel, materials and equipment.ment. Subd. 6. "Requesting official" means .),. person who has been designated bye the 1 requesting party to request assistance from other parties. Subd. 7. "Responding official" means the person who os shouldee odesignatedtbyca to party to determine whether and to what extent that party a requesting party. Subd. S. "Emergency" means a sudden and unforeseen situation requiring immediate action beyond the requesting partys' capability. j' { III. PARTIES ' Subd. 1. The parties to this Agreement shall consist of the members gofeth Rrning e- gional Mutual Aid Association. Upon the adoption of a resolution by arty to- i body, an executed copy of this Agreement shall be forwarded bythe member p gether with a certified copy of the resolution authorizing the Agreement. • Subd. 2. The Secretary of the Regional Mutual Aid Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties to this Agreement, he shall notify the designated responding official of each , of the parties of such change. Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall submit a list of their equipment to the Association Secretary. This equipment list ( shall be updated annually and submitted to the Association Secretary by Deccmbcr 31st of each year. Subd. 4. The Association Secretary shall distribute the equipment lists to all . members. An equipment addendum sheet shall be distributed to all member parties by January 30th of each year. IV. PROCEDURE . Subd. 1. Each party shall designate, and keep on file with the Secretary of the Regional Mutual Aid Association the name of the person of that party who shall be its requesting official and responding official. A party may designate alternate officials to act in the absence of the primary official. Subd. 2. Whenever, in the opinion of a requesting official of a party, there is a need for assistance from other parties to assist the requesting party, such re- questing official may, in his discretion, call upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting party. It is the intention of the parties to this contract to cooperate in the event of an emergency by making available to a requesting party necessary or requested personnel, materials, and equipment (without undue delay.) Subd. 3. Upon the receipt of a request for assistance from a party, the respond- ing official for any other party may.authorize and direct the personnel of the res- ponding party to provide assistance to the requesting party. Whether the responding party shall provide such assistance to the requesting party and, if so, to what ex- tent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to him within the governmental structure of the part/ by which he is employed.) Failure to provide assistance will not result in liability to a party. Subd. 4. When a responding party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties as "backup" during the time that it is providing assistance o• ,ide its boundaries. Subd. 5. Whenever a responding party has provided assistance to a requesting party, the responding official may at any time recall such assistance or any part thereof to-the responding party, if the responding official in his best judgment deems this is in the best interest of his own agency. is Subd. G. When a responding party supplies equipment and personnel to a request- ing party, said equipment and personnel shall remain under the direction and control of the responding party; shall be paid by the responding party; shall he protected by the Worker's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. however, the res- ponding party shall undertake to coordinate with the requesting party the assistance which it provides. The requesting party shall provide all routine fueling and servic- ing of respondents equipment, materials, and assume all costs thereof during the assistance period. . -2- fi n Subd. 7. A responding party shall be responsible for its own personnel, S equipment and materials and for injuries or death to any personnel or damage to any such equipment or materials, except that unused equipment and materials pro- vided by the responding party shall be returned to the responding party by the requesting party when circumstances permit this to be done. The requesting and responding parties may review any equipment repaired to determine if such repair was directly related to the emergency operation. if mutually agreed that repairs are required, they shall be the responsibility of the requesting party. Any dis- agreement which cannot be resolved by the responding and requesting parties should be resolved by a committee established from the Regional Mutual Aid Association. 1. f Subd. 8. The responding party shall maintain such records of the cost of F, labor, equipment and materials provided; and hours of work or operation as deemed necessary for recovery of costs in the event the incident becomes eligible for Federal or State Disaster Assistance. If declared eligible, these costs shall then be reimbursed by the requesting party in full or in a prorate share of assistance provided. Subd. 9. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the , personnel of a responding party. Nor shall the responding party be responsible for injuries, losses or damages arising out of the acts of any of the personnel of 1 the requesting party or the personnel of any other responding party. q Subd. 10. Technical service and assistance of non-emergency nature may be requested and/or provided by the parties to this Agreement. V. INSURANCE Each party to this Agreement shall maintain insurance policies covering per- sonal and public liability in the amount of not less than $300,000 for each of the above mentioned risks and Worker's Compensation for its personnel. Said policies I shall cover damage or injury caused by nep'igent operation of its vehicles while operating under the terms of this Agreeme; outside of its corporate limits or,, contract areas. Each member shall furnish the association with a Certificate Of Insurance on the policies in force, or letter stating self insurance at said limits. VI. WITHDRAWAL AND TERMINATION Any party may withdraw at any time upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association; such a party may become a party if later entering into this Agreement. The Secretary of the Regional Mutual Aid Association shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbeforc provided. -3- ( • VII. EFFECTIVE DATE • This Agreement shall become effective on IN WI7NFSS Sr9HEREOF, the undersigned, on behalf of their governmental unit, have executed this Agreement pursuant to authorization by the of on the day of RFMION L MUTUAL CITY OF AID ASSOCIATION By: BY: President Mayor • By: Date: Secretary Date: • COUNTY OF RECOMMENDED BY: ATTEST: By: City Manager/Clerk By: By: Chairman of County Board Director of Public Works/City Eng. Date: ' • RECOMMENDED BY: ' APPRCNED AS TO EXECUTION, 0 BY: BY; County Engineer County/City Attorney Date: Date: • • • -4- April 17, 1984 CITY OF EDEN PRAIRIE i HENNEPIN COUNTY, MINNESOTA • RESOLUTION 84-92 A RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT 4 REGIONAL MUTUAL AID ASSOCIATION WHEREAS, the City of Eden Prairie desires to become a member of the Regional Mutual Aid Association and its Director of Public Works is its • authorized representative, and; street superintendent its alternative repre- sentative, and; WHEREAS, a mutual need exists between members of the Regional Mutual Aid Association to share and assist one another in the areas of emergency, disaster control, and mitigation, and; WHRERAS, the City of Eden Prairie considers it to be in the best interests of the City to enter into a mutual agreement with the other members of the Regional Mutual Aid Association. • NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie enter into agreement with the Regional M4tual Aid Association and hereby authorizes its Director of Public Works to represent the City of Eden Prairie in this • association and the Mayor is authorized to sign said agreement in behalf of said City of Eden Prairie. . ADOPTED by the City Council on April 17, 1984. Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Franc, Clerk !,(W