HomeMy WebLinkAboutCity Council - 05/22/1984EDEN PRAIRIE
CITY COURCH. AGLJ;DA
TUESDPY, MAY 22, 19 1 4
COUNC.1:. MEMBERS:
CUINCIt STAFF:
7:30 PM, SCHOOL ADMINISTRATION
BOARDROOM
Mayor t.;cfgaag Fenzel, Richard Anderson,
Gorge Bentley, Paul Redpath and
George langer
City ranager Carl J. Jullie; Assistant
to City Manager Craig W. Dawson;
Director of rublic Works Eugene A. Dietz,
city Al:.(o.ney Wick Rosow, and Recording
Secretary Karen Michael
I. 10+ROVAL OF AfIE.NDA'AND OTHER ITEMS OF BUSI7;ESS
II. CONSENT CALENDAR
A. ?nd Reading of Ordinance No. 45-84, an Ordinance mending .
Chapter 5, Section 5.40, Farovidin for a -,,,aiver of- the bonding
requirement of: Ordinance no 1-8 tin gniuJ inuoonancq
upon a 4p', vcte of the Ce:Incil
B. EDEN GLEN CENTER, 2nd Reading of Ordinance No. 34-84, Zoning
District Change from Rural to Commercial Regional Service,
and adoption of Resolution No. 84-127 Approving Development
Plan Subject to Conditions, 1.03 acres for 11,000 sq. ft.
strip shopping center. Location: Fast side of Glen Lane
hetwoen Singletree Lane and Eden Road.
III. POLIC HEARINGS
A. 1984 SPECIAL ASSESSMENT HEARING
IV. 01 P0018 OF OFFICERS, BOARDS & comlwous
A. R n _,Lor -1 .. Conocil Mehbers
B. Honor! of City Manager
1. AW:horization to _purchase City radios (Continued from
1 ,14 16
I NI 85
V). 1J/,V;1.:NMLNi.
ORDINANCE NO. 45-84
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
COOL CHAPTER 5, SECTION 5.4')F0R A WAIVER OF THE BOND REQUIREMENT OF
SUBDIVISION 7 OF SECTION 1 ThEREOF.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5 Section 5.4 is amended by adding
to Subd. 7 Section 1 thereof the following:
The bond provision of this subdivision may be waived by a 4/5
vote of the council.
FIRST READ at a regular meeting of the City Council of the City of
Eden Prairie on the 15th day of May, 1984, and finally read and
adopted and ordered published at a regular meeting of the City Council
of said City on the 22nd day of May, 1984.
ATTEST:
City Clerk
PUBLISHED in the Eden Prairie News on the _ day of
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 84-127
A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS
OF COUNCIL APPROVAL OF EDEN GLEN CENTER . FOR URBAN ASSOCIATES FOR A SHOPPING CENTER ON 1.63 ACRES
BE IT 10:,OLVEU that the proposal for Eden Glen Center by Urban Associates, Inc., for
an 11,000 sq. ft. shopping center on approximately 1.63 acres, located on the east
side of Glen Lane, between Singletrce Lane and Eden Road, is herein approved subject
to the following specific conditions:
1. The development plans, all revised and dated April 19, 1984, and attached
hereto shall apply.
2. Prior to issuance of a building permit, developer/owner shall:
A. Pay the appropriate Cash Park Fee.
B. Provide detailed signage plans to the Planning Department for review
and receive Planning Department approval.
C. Receive approval of grading and drainage plans from the Watershed
District.
D. Provide slope stabilization, sewer, water, and storm water run-off
plans for review by the City Engineer.
E. Notify the City and the Watershed District 48 hours prior to any
grading on the property.
ADOPTED by the City Council on , 1984.
Wolfgang H. Penzel, Mayor
ATTEST:
John O. Franc, City Clerk
Eden Glen Center
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 34-84
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. • That action was duly initiated proposing that the land be
removed from the Rural District and shall be placed in the Commercial Regional
Service District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
Commercial Regional Service District and the legal descriptions of land in each
i 'istrict referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B,
.all be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation* and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 5. This Ordinance shall become effective from and after its
passage and publication.
'FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 1st day of May, 1984, and finally read and adopted and ordered
published at a regular weting of the City Council of said City on the day of
, 1984.
ATTEST:
-h-n D. Frane, City Clerk Wolfgang H. Penzel, Mayor
•
PUBLISHED in the Eden Prairie News on tie day of , 1984.
Exhibit A
That part of Lot 2, Ulock 1 5 EDEN GLEN 2ND ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, lying northerly of a line drawn from a point on
the west line of said Lot 2 distant 209.55 feet southerly from the northwest corner
of said Lot 2 to a point on the cast line of said Lot 2 distant 272.89 feet
southerly from the northeast corner of said Lot 2 and said line there termiaating.
FINANCE DIRECTOR JOHN FRANE
EDEN PRAIRIE
CITY COUNCIL AGENDA
TUESDAY, MAY 29, 1984
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
7:30 PM, SCHOOL ADMINISTRATION BLDG.,
ROOM 5, WEST WING
Mayor Wolfgang Penzel, Richard Anderson,
George Bentley, Paul Redpath and
George Tangen
City Manager. Carl J. Jullie; Assistant
to City Manager Craig W. Dawson; City
Attorney Richard Rosow; Finance Director
John Frane; Planning Director Chris Enger;
Director of Community 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. CONSENT CALENDAR
A. Receive 100% petition for street and utility improvements for Page 1124 Flyino Cloud Drive through Lee Data Plat, and authorize the
preparation of plans and specifications, I.C. 52-064 (Resolution
No. 84-137)
B. Award contract for Bike Path along Edenvale Boulevard, I.C. Page 1127 51-356A (Resolution No. 84-138)
C. MIN-TEX PHASE II. 2nd Reading of Ordinance No. 33-84, Amending Page 1129
Ordinante No. 79-37 within the 1-2 Park Zoning District, Approval
of Amendment to Developer's Agreement (previously Shady Oak Park
5th Addition), and Adoption of Resolution No. 84-126, Approving
Summary of Ordinance No. 33-84, and Ordering Publication of said
Summary for Min-Tex Phase III. 18.97 acres for two (2) office/
warehouse structures. Location: W. 70th Street, west of Shady
Oak Road)
D. Resolution No. 84-136, authorizing the City of Eden Prairie to Page 1134
enter into _a Lend -Lease agreement with the State of Minnesota
for an Intoxilyzer 5000 breath test instrument and breath alcohol
simulator
E. Authorization for the League of Minnesota Cities to provide assistance Page 1135
to the Charter Study Committee
F. Agreement PW 17-07-83 with Hennepin County for temporary signal Page 1136 it-l-s-Aff1W-.67V(F—r -(76-§adtiorigo. 84-M9
City Council Agenda - 2 - Tues.,May 29, 1984
III. ORDINANCES & RESOLUTIONS
A. Request for approval of Commercial Development Refunding Revenue
Note in the amount of $1,200,000.00 for Valley Place Office
Associates Project (Resolution No. 84-139)
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
I. Evaluation Review Form (continued from May 15, 1984)
C. Report of City Attorney
D. Report of Director of Public Works
I. Capital Improvements Budget Discussion
X. NEW BUSINESS
XI. ADJOURNMENT.
Page 1142
Page 1148
May 29:1984
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA f
RESOLUTION NO. 84-137
RESOLUTION RECEIVING 100% PETITION,
ORDERING IMPROVEMENTS & PREPARATION
OF PLANS AND SPECIFICATIONS FOR
PUBLIC IMPROVEMENTS, I.C. 52-064
BE IT RESOLVED by the Eden Prairie City Council:
1. The owners of 100% of the real property abutting upon and
to be benefitted from the proposed street and utility improvements
Flying Cloud Drive through Lee Data Plat
have petitioned the City Council to construct said improvements
and to assess the entire cost against their property.
2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation
of the City Engineer, said improvements are hereby ordered
and the City Engineer shall prepare plans and specifications
for said improvements in accordance with City standards and
advertise for bids thereon.
3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby
directed to publish a copy of this resolution once in the
official newspaper, and further a contract for construction
of said improvene'nts shall not be approved by the City Council
prior to 30 days following publication of this resolution
in the City's official newspaper.
ADOPTED by the City Council of the City of Eden Prairie on May 29, 1984.
15-en el ,-1.-y-or
ATTEST: SEAL
John D. Frane, Clerk
OPUS CORPORATION
OE SiGtuf NS • HcItt UL 4ti • DE VI LOVERS
May 18, 1984
Mx. Eugene A. Dietz
Director of Public Works
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Gene:
The enclosed petition relates to the extension of Flying
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of the Lee Data site to provide access to the Wilson Learni
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cated south of Lee Data.
The owner, Gerald Rauenhorst, requests that the water ma
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,
a
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street paving related to this extension be constructed a
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b
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a
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a
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the Dee Data property.
Thank you.
Sincerely yours,
Eikuyvtiaki,
Robert A. Worthington,(A1CP
Executive Director, Governmental Affairs
RAW/ms
Enclosure
CITY OF EDEN PRAIRIE, MINNESOTA
100% PETITION FOR LOCAL IMPROVEMENTS
C
TO THE EDEN PRAIRIE CITY COUNCIL:
4
The undersigned are all the fee owners of the real property desc
r
i
b
e
d
below and herein petition for the Eden Prairie City Council to p
r
o
c
e
e
d
.
with making the following described improvements:
(General Location)
Sanitary Sewer
to/ Watermain
-Storm:Sewer
Oa Is
Ederticte
Ii
Street Paving •• 44
a.
Other
Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive
a
n
y
public hearing to be held on said improvements, and further state
a
n
d
agree that the total cost of said improvements shall be Specially
a
s
-
sessedagainst the property described below in accordance with th
e
City's special assessment policies. We further understand that t
h
e
preliminary, estimated total cost for the said improvements is°41/oO0.00_.
Street Address or other Legal
Description of Property to be Served
/
Names and addresses of Petitioners
(Must be owners of record)
Byte Investment Partnership I _
(For City Use)
Date Received
Project No. (), ,961:
IID
May 29, 1984
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 84-138
RESOLUTION ACCEPTING BID '
WHEREAS, pursuant to an advertisement for bids for the following
improvements:
I.C. 51-356A: Edenvale Boulevard - Bike Path
bids were received, opened and tabulated according to law. Those bids received
are shown on the attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of contract to
Barber Construction Co., Inc.
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council
as follows:
The Mayor and City Manager are hereby authorized and directed
to enter into a contract with Barber Construction Co., Inc.
in the name of the City of Eden Prairie in the amount of
$60,787.40 in accordance with the plans and
specifications thereof approved by the Council and on file
in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 29, 1984.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frone, City Clerk
82(1
TO: Mayor Penzel .and City Council Members
FROM: Rodney W. Rue, Design EngineerA
THROUGH: Carl J. Jullie, City Manager
Eugene A. Dietz, Director of Public Works
DATE: May 24, 1984
SUBJECT: Summary of bids for Improvement Contract 51-356A
(Edenvale Boulevard - Bike Path)
Sealed bids were received at 10:00 A.M. on Thursday, May 24, 1984, for the
above referenced improvement. Three bids were received and are tabulated
as follows:
Bid
BIDDER Security Total Bid Amount
Barber Construction Co., Inc. 5% $60,787.40
Midwest Asphalt Corp. 5% $61,926.50
Hardrives, Inc. 5% $80,310.50
Engineer's Estimate $54,675.00
The low bid is (wproximately 11% over our estimate.
Recommend award of Improvement Contract 51-356A to Barber Construction Co., Inc.
in the amount of $60,787.40.
RWR:sg
Min-Tex
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 33-84
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #79-37, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That Ordinance #79-37 be amended by adding the following:
"Section 2. The above described property shall be subject to the
terms and conditions of the Developer's Agreement dated December 18,
1979, between Richard W. Anderson, Inc., a Minnesota corporation,
and the City of Eden Prairie, 'and that certain supplement to the
Developer's Agreement, dated M10Eg
"Section 3. City Code Chapter 1, entitled "General Provisions
and Definitions Applicable to the Entire City Code Including Penalty
for Violation" and Section 11.99, entitled "Violation a Misdemeanor"
are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the , 1984, and finally read and adopted and
ordered published at a regular meeting of the City Council of said City on the
day -of
ATIEST:
Tafiri D. Frane, City Clerk
Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
Lot 1, Block 1, Shady Oak Industrial Park Fifth Addition, Hennepin County,
Minnesota, according to the recorded plat thereof.
830
Min-Tex Phase II
DEVELOPER'S AGREEMENT
This Supplement to Developer's Agreement made and entered into as of this
day of , 1984, by and between MinTex, a Texas General
Partnership, transferees of the property as described in the developer's agreement
between Richard W. Anderson, Inc., a Minnesota corporation, and the City of Eden
Prairie, for Shady Oak Industrial Park 5th Addition, dated December 18, 1979, and
the City of Eden Prairie, a municipal corporation, hereinafter referred to as
"City;"
WHEREAS, Richard W. Anderson, Inc., and City made and entered into a
Developer's Agreement, dated December 18, 1979, for Shady Oak Industrial Park 5th .
Addition (the "Developer's Agreement") and Min-Tex has succeeded to all of the
rights and interests in the lands included within Shady Oak Industrial Park 5th
Addition, previously owned by Richard W. Anderson, Inc.; and,
WHEREAS, the partie's desire to amend said agreement for a portion of the
property referred to in said agreement, that portion of the property being as
described in Exhibit A, attached hereto and made a part hereof;
NOW, THEREFORE, it is agreed by and between the parties thereto as follows:
1. The Developer's Agreement shall be and hereby is supplemented and amended in
the following respects:
A. Paragraph 1. shall be amended to read as follows:
Owner shall develop the property in conformance with the revised
material dated February .27,_1934, reviewed and approved as amended
by the City Council on May 1,1984, and attached hereto as Exhibit
B, subject to such changes and modifications as provided herein.
B. Paragraph 5. shall be amended to read as follows:
Owner shall provide all necessary utility easements as required by
the City Engineer.
C. There shall be added paragraphs 7. - 10. as follows:
7. Mechanical equipment outside of the building shall be
screened according to Code requirements in an archi-
tecturally integral manner. Screening material shall be
subject to approval by the Director of Planning, prior to
building permit issuance.
8. Prior to issuance of any building permit on the property,
Owner shall submit to the City Engineer, and receive the
City Engineer's approval of the following:
a. Grading and drainage plans.
b. Slope stabilization, sewer, and water plans.
• 9. Prior to issuance of any building permit on the property,
Owner shall submit to the Director of Planning, and receive
the Director's approval of:
a. Details of the retaining walls, including types of
materials proposed and structural soundness.
b. Detailed landscaping plan identifying plant material
by type, quantity, size, and method of installation.
c. Revised building elevations indicating a relief in
building exterior, and including submission of brick
samples and color schemes for the pre-cast concrete.
d. Lighting and signage. plans.
10. Prior to issuance of any building permit on the property,
Owner shall vacate road easements in the southwest and
southeast corners of the property.
2. Min-Tex agrees to all of the terms and conditions and accepts the
obligations of the "Owner" under the Developer's Agreement, as amended and
supplemented herein.
WHEREFORE, the parties hereto have executed this Supplement to Developer's
Agreement the day and year first above written.
CITY OF EDEN PRAIRIE
Wolfgang H. Penzel, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1984, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the
City Manager, of the City of Eden Prairie, a municipal corporation, on behalf of the
corporation.
Notary Public
MIN-TEX
James H. Sorenson, Managing Partner
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged by me this day of
, 1984, by James H. Sorenson, Managing Partner, on behalf of the
Min-Tex Partnership.
Notary Public
e
RESOLUTION NO. 84-136
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
BE IT RESOLVED that the City of Eden Prairie enter into an agreement
with the State of Minnesota, Department of Public Safety for the
following purpose:
To receive from the State of Minnesota, Department of Public
Safety, an Intoxilyzer 5000 breath test instrument and
breath alcohol simulator on a loan basis. The instruments
are to be used by law enforcemnt officers to assist them
in the detection of motorists who may be in violation of
Minnesota Statutes Section 169.121, or other Minnesota laws
or local ordinances or other law enforcement purposes.
BE IT FURTHER RESOLVED that the City Clerk and Director of Public
Safety be and they hereby are authorized to execute such agreement.
ADOPTED by the City Council of Eden Prairie this 29th day of
May, 1984.
Mayor Wolfgang H. Penzel
ATTEST:
John D. Irene, City Clerk
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
Mayor and City Council
Craig W. Dawson, Assistant to the City Manager 6 )
Carl J. Jullie, City Manager
Request for Assistance from League of Minnesota Cities
May 25, 1984
The Charter Study Committee has begun its process to review the relative merits
for the City to adopt a Home Rule Charter. Committee members identified the
League of Minnesota Cities (LMC) as a resource which should be tapped for
expertise.
Staff contacted the LMC to invite one of its staff members to speak at the
next (and subsequent) Charter Study Committee meeting. LMC staff related
its policy that city councils must request assistance from the League before
it will provide such technical assistance on matters relating to the framing
of Charters. The City would also need to reimburse the LMC costs for Mileage
and meals which its staff members may incur.
Recommendation: Inasmuch as the Charter Study Committee is an advisory body
created by the City Council, it is recommended that Council request the LMC to
provide the assistance that the advisory committee may request during its
study process on a home rule charter.
CWD:jp
DEPARTMENT OF TRANSPORTATION
320 Washington Av, South
Hopkins, Minnesota 55343
935-3381
11Y 935-6433
May 23, 1984
Carl Jullie, P.E.
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Re: Agreement No. PW 17-07-83
Traffic Control Signal System; C.P. 8318
CSAH 18 at CSAH 1/West 102nd Street
Dear Carl:
Submitted herewith for city approval, are three copies of the above refer-
enced agreement for participation in the construction and operation of a
temporary traffic control signal and a sample copy of the resolution.
If approved, please have all three copies signed by the appropriate city of-
ficials and return these copies to Hennepin County. In addition, please
return a certified copy of the resolution authorizing the Mayor and Manager
to sign the agreement.
If you have any questions concerning this agreement, please call Dharam
Bobra, P.E. at 935-3381.
Hebert O. Klossner, P.E.
Director
HOK/DCB/sjb
cc: D. 1. Hansen
Transportation Staff
HENNEPIN COUNTY
II 3 6
on equal opportunItY employer
RESOLUTION NO. 84-140
At a duly authorized meeting of the City Council of Eden Prairie,
Minnesota, the following resolution was moved and adopted:
RESOLUTION
WHEREAS, Agreement for participation in the construction and operation
of a temporary traffic control signal system on County State Aid Highway No.
18 at CSAH 1/102nd Street, Hennepin County Project No. 8318, Agreement No.
PW 17-07-83 has been prepared and presented to the City.
NOW, THEREFORE, IT IS RESOLVED: That said Agreement be in all things
approved.
BE IT FURTHER RESOLVED, That the Mayor and Manager are authorized to
sign Agreement No. PW 17-07-83, Hennepin County Project No. 8318.
Dated this
day of , 19 .
CERTIFICATION
State of Minnesota
County of Hennepin
City of Eden Prairie
I hereby certify that the foregoing Resolution is a true and correct
copy of a resolution presented to and adopted by the City Council of
Eden Prairie at a meeting thereof held in the City of Eden Prairie,
Minnesota on the day of , 19 , as disclosed by the
records of said City in my possession.
(SEAL)
City Clerk
*-1
Agreement No. PW 17-07-83
Hennepin County Project No. 8318
CSAH 18 at CSAH 1/West 102nd Street
Cities of Bloomington and Eden Prairie
County of Hennepin
AGREEMENT
FOR
PARTICIPATION IN THE CONSTRUCTION AND
OPERATION OF 1RAFFIC CONTROL SIGNAL
THIS AGREEMENT, Made and entered into this day of 1
19 , by and between the County of Hennepin, a body politic and corporate under the
laws of the State of Minnesota, hereinafter referred to as the "County" and the Cities of
Bloomington and Eden Prairie, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "Cities".
WITNESSETH:
WNEREAS, It is considered mutually desirable to install a temporary full traffic
actuated traffic control signal at the intersection of County State Aid Highway No. 18
and CSAH 1/West 102nd Street within the Cities; and,
WHEREAS, The Cities have expressed their willingness to participate in the
construction and operating cost of said temporary traffic control signal; and
WHEREAS, Said work shall be carried out by the parties hereto under the provisions
of M.S. Sec. 162.17.
NDW, THEREFORE, IT IS AGREED AS FOLLOWS:
. I
The County shall prepare the necessary plans, specifications, and proposals; shall
perform the required engineering and inspection; and shall install, a temporary traffic
control signal at the intersection of County State Aid No. 18 and CSAH 1/West 102nd
Street. Such installation, as described iffrediately above, shall be identified and
accomplished under Hennepin County Project No. 8318, hereinafter referred to as the
"project", all in accordance with said project plans and specifications which plans and
specifications are by this reference made a part hereof.
II
The term specifications as used herein shall mean the 1978 Edition of the Minnesota
Department of Transportation "Standard Specifications for Highway Construction" and the
project special provisions.
III
The Cities agree that any City licenses required to perform electrical work within
their respective boundaries shall be issued to at no cost to the County. Electrical
inspection fees shall be not more than those established by the State Board of
Electricity in the most recently recorded Electrical Inspection Fee Schedule.
Iv
The City of Eden Prairie shall install, or cause the installation of an adequate two
Agreement No. Pd 17-07-83
I re, 120 Volt, single phase, alternating current electrical power connection to the
%.,ntroller cabinet of the project at its sole cost and expense. The City of Eden Prairie
shall provide the electrical energy for the operation of the traffic control signal to be
installed under the project, at no cost to the County.
The City of Bloomington shall reimburse the City of Eden Prairie fifty percent (50%)
of the cost of electrical power connection and electrical energy required for the
operation of the traffic control signal, as arranged for by and between the Cities.
V
The construction cost of the temporary signal shall be the cost of all labor,
materials, and equipment rental required to complete the project. The cost of labor
shall include the wages paid to complete the project plus a percentage thereof to cover
the indirect cost of labor to the County. It is understood that the estimated
construction cost stated hereinafter is for informational purposes only.
The estimated construction cost of this project is $15,000.
VI
Each City, as its respective share of the construction costs, shall pay the County
50 percent of the actual above defined construction cost of County Project 8318, plus 10
percent of such share as payment for engineering and inspection.
Payment shall be made to the Hennepin County Treasurer within 30 days after
submittal to the Cities of the County's final, itemized, statement of this project cost.
VII
It is further agreed that the amount expended by the community for a temporary
signal is directly applicable as credit toward the community's share in a permanent
signal when such a device is installed at this intersection.
VIII
The City shall not revise by addition or deletion, nor alter or adjust any
component, part, sequence, or timing of the aforesaid traffic control signal; however,
nothing herein shall be construed as restraint of prompt, prudent action by properly
constituted authorities in situations where a pert of such traffic control signal say be
directly involved in an emergency.
IX
Upon completion of the work, the County shall maintain and repair said traffic
control signal at the sole cost and expense of the County.
X
The construction of this project shall be under the supervision and direction of the
County. However, the City Engineer shall cooperate with the County Engineer and his
staff at their request to the extent necessary, but will have no responsibility for the
supervision of the work.
XI
It is further agreed that the County shall not be responsible or liable to the City
or to any other person or persons whomsoever for claims, damages, action, or cause of
action of any kind or character arising out of or by reason of the performance of any
work or part hereof by the City as provided for herein; and the City further agrees to
defend at its sole cost and expense any action or proceeding commenced for the purpose of
-2-
Agreement No. PW 17-07-83
Asserting any claim of whatsoever character arising in connection with or by .virtue of „
rformance hereunder by the City.
It is further agreed that the City shall not be responsible or liable to the County
or to any other person or persons whomsoever for claims, damages, action, or cause of
action of any kind or character arising out of or by reason of the performance of any
work or part hereof by the County as provided for herein; and the County further agrees
to defend at its sole cost and expense any action or proceeding commenced for the purpose
of asserting any claim of whatsoever character arising in connection with or by virtue of
performance hereunder by the County.
XII
It is further agreed that any and all employees of the City and all other persons
engaged by the City in the performance of any work or services required or provided for
herein to be performed by the City shall not be considered employees of the County, and
that any and all claims that may or might arise under the Worker's Compensation Act or
the Unemployment Compensation Act of the State of Minnesota on behalf of said employees
while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said employees while so engaged on any of the work or
services provided to be rendered herein shall in no way be the obligation or
responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the
County in the pert ormance of any work or services required or provided for herein to be
performed by the County shall not be considered employees of the City, and that any and
all claims that may or might arise under the Worker's Compensation Act or the
-employment Compensation Act of the State of Minnesota on behalf of said employees while
so engaged and any and all claims made by any third parties as a consequence of any act
or omission on the pert of said employees while so engaged on any of the work or services
provided to be rendered herein shall in noway be the obligation or responsibility of the
City.
XIII
The provisions of M.S. 181.59 and of any applicable local ordinance relating to
Civil Rights and discrimination and the affirmative action policy statement of Hennepin
County shall be considered a part of this agreement as though fully set forth herein.
-3-
CITY OF EDEN PRAIRIE CITY OF Brzaincam
By: By•
Mayor
Date:
And:
Manager
Date: Date:
(SEAL)
(SEAL)
Agreement No. PW 17-07-83
Hennepin County Project No. 8318
CSAH 18 at CSAH 1/West 102nd Street
Cities of Bloomington and Eden Prairie
County of Hennepin
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be
executed by their respective duly authorized officers as of the day and year
first above written.
COUNIY OF HENNEPIN
MUST:
By.
Clerk of The County Board
Chairman of Its County Board
Date: Date:
Upon proper execution, this agreement
will be-legally valid and binding.
7 By: 2_7e54
Assistant County ttorhey
.71 -5 //S7
Approved as to execution:
And.
Associate County Administrator
and County Engineer
Date:
RECOMMENDED FOR APPROVAL:
Date•
BY: By
Assistant County Attorney Director, Department of Transportation
Date: Date:
-4-
TO: Mayor and Council
FROM: John Frane
DATE: May 24, 1984
RE: Final approval MIDB refinancing Valley Place Office Associates
$1,200,000 - Resolution 84-139
This project received preliminary approval by the council on March
27, 1984. The city attorney's office has approved the final docu-
ments. Resolution 84-139 is included for your consideration.
RESOLUTION NO. 84-139
RESOLUTION RELATING TO A $1,200,000 COMMERCIAL
DEVELOPMENT REFUNDING REVENUE NOTE (VALLEY PLACE
OFFICES ASSOCIATES PROJECT); AUTHORIZING THE ISSUANCE
THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474.
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the City), as follows:
Section 1. Definitions.
1.01. In this Resolution the following terms have the
following respective meanings unless the context hereof or use
herein clearly requires otherwise:
Act: the Minnesota Municipal Industrial Development
Act, Minnesota Statutes, Chapter 474, as amended;
Assignment of Rents: the Assignment of Rents and
Leases to be executed by the Partnership to the Lender;
Guaranty: the Guaranty Agreement relating to the Note
to be executed by Charles E. Garrity and William Max McGee;
Lender: Norwest Bank MetroWest, National Association,
Hopkins, Minnesota, a national banking association, its
successors and assigns;
Loan Agreement: the Loan Agreement to be executed by
and between the City and the Partnership;
Loan Assignment: the Assignment of Loan Agreement, to
be executed by the City in favor of the Lender;
Mortgage: the Mortgage and Security Agreement and
Fixture Financing Statement, between the Partnership, as
mortgagor, and the Lender, as mortgagee;
Note: the Commercial Development Refunding Revenue
Note (Valley Place Offices Associates Project) in the total
authorized principal amount of $1,200,000, to be issued by the
City pursuant to this Resolution;
Partnership: Valley Place Offices Associates, a
Minnesota general partnership, its successors and assigns;
Prior Loan: the loan of the proceeds of the Prior
Note made by the City to the Partnership pursuant to the terms
of a Loan Agreement, dated November 25, 1981, between the City
and the Partnership;
Prior Note: the Commercial Development Revenue Nbte
(Valley Place Offices Associates Project), dated November 25,
1981, in the principal amount of $1,200,000, issued by the City
to provide funds to be loaned to the Partnership to acquire and
construct the Project;
Project: the Land described in the Exhibit A to the
Mortgage and the 20,500 square foot commercial office complex
located thereon, as they may at any time exist;
Resolution: this resolution of the City authorizing
the issuance of the Note.
Section 2. Authorization and Sale.
2.01. Authorization. The City is authorized by
Section 474.03(11) of the Act to issue the Note to refund the
Prior Note, and to make all contracts, execute all instruments
and do all things necessary or convenient in the exercise of
such authority.
2.02. Preliminary City Approval. By preliminary
resolution adopted by the Council on March 27, 1984, this
Council approved, on the basis of the findings set forth
therein, the sale of a revenue note or notes pursuant to the
Act to refund the Prior Note. The Partnership and City now
desire to proceed with the transaction.
2.03. Receipt of Documents. Pursuant to the above,
there have been prepared and presented to this Council copies
of the following documents, which are now, or shall be, placed
on file in the office of the City Clerk:
(a) Assignment of Rents;
(b) Loan Agreement;
(c) Loan Assignment;
(d) Mortgage;
(e) Guaranty; and
(f) Note.
2.04. Findings of Fact. It is hereby found and
determined that:
(a) There is no litigation of any nature now pending
or to the best of the City's knowledge, threatened against the
City, seeking to restrain or enjoin the issuance, sale,
execution or delivery of the Note or any of the documents
referred to in Section 2.03, or questioning the authority or
proceedings pursuant to which the Note is being issued, the
validity of the Note or any of said documents, or the power of
the City to assist in refinancing the Prior Loan and Prior Note.
(b) Neither the existence of the City nor the right
of the present officials of the City to their respective
offices is being contested.
(c) To the best of the City's knowledge, the
execution and delivery of the documents referred to in Section
2.03 will not conflict with or constitute a breach of any
resolution, ordinance, agreement or other instrument to which
the City is subject or is a party or by which it is bound;
provided that this finding is made solely for the purpose of
estopping the City from denying the validity of the Loan
Agreement, Loan Assignment or the Note by reason of the
existence of any facts contrary to this finding.
Section 3. Authorizations. The documents referred to
in Section 2.03 hereof are hereby approved. The Mayor and City
Manager are hereby authorized and directed to execute the Loan
Agreement, Loan Assignment and Note on behalf of the City, with
such changes and modifications as they deem appropriate, and
such other certifications, documents or instruments as bond
counsel or counsel for the Lender shall require, subject to the
approval of the City Attorney. Execution of any instrument or
document by one or more appropriate officers of the City shall
constitute, and shall be deemed the conclusive evidence of, the
approval and authorization by the City and the Council, and the
City Attorney, of the instrument or document so executed.
Section 4. The Note.
4.01. Form and Authorized Amount. The Note shall be
issued substantially in the form hereto filed with the City
Clerk, with such appropriate variations, omissions and
insertions as are permitted or required by this Resolution, in
the total authorized principal amount of $1,200,000. The terms
of the Note are set forth therein, and such terms, including
but not limited to provisions as to interest rate, dates and
amounts of payment of principal and interest and prepayment
privileges, are incorporated by reference herein.
4.02. Execution. The Note shall be executed on
behalf of the City by the signatures of the Mayor and the City
Manger, and shall be sealed with its corporate seal. In case
any officer whose signature shall appear on the Note shall
cease to be such officer before the delivery thereof, such
signature shall nevertheless be valid and sufficient for all
purposes.
4.03. Mutilated, Lost and Destroyed Note. In case
the Note shall become mutilated or be destroyed or lost, the
City shall cause to be executed and delivered a new note of
like outstanding principal amount and tenor in exchange and
substitution for and upon cancellation of the mutilated note,
or in lieu of and in substitution for such note destroyed or
lost, upon the Holder's paying the reasonable expenses and
charges of the City in connection therewith, and, in case the
Note is destroyed or lost, upon filing with the City evidence
satisfactory to it of such loss or destruction.
4.04. Registration. The City Clerk shall act as Note
Registrar and as such shall maintain a Note Register for
purposes of recording the names and addresses of the owners of
the Note. The Note shall initially be -registered in the name
of the Lender. The Note shall be transferable by the
registered owner or its agent duly authorized in writing upon
presentation thereof to the Clerk together with a written
instrument of transfer satisfactory to the Clerk duly executed
by the registered owner or its agent. The following form of
assignment shall be sufficient for said purpose:
For value received
hereby sells, assigns and transfers
unto the within Note of the
City of Eden Prairie, Minnesota and does hereby
irrevocably constitute and appoint
agent to transfer said Note on the
books of said City with full power of substitution in
the premises.
Registered Owner
Such transfer shall also be noted on the Note.
4.05. Delivery. The Note shall be delivered to the
Lender, which is hereby authorized to disburse the proceeds
directly to the registered holder of the Prior Note in exchange
for a receipt indicating said Prior Note has been paid in full.
Section 5. Limitations of the City's Obligations.
Notwithstanding anything contained in the Note or any other
document referred to in Section 2.03 hereof, the Note shall not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation and shall not be payable
from or charged upon any funds other than the revenue pledged
to the payment thereof; the City shall not be subject to any
liability thereon, no holder of such Note shall ever have the
right to compel any exercise of the taxing power of the City to
pay the Note or the interest thereon or to enforce payment
thereof against any property of the City and the Note shall not
constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the City. The agreement of the City to
perform the covenants and other provisions contained in this
Resolution or the Note, or the other documents listed in
Section 2.03 hereof shall be subject at all times to the
availability of revenues furnished by the Partnership
sufficient to pay all costs of such performance, and the City
shall never be subject to any personal or pecuniary liability.
Section 6. Pending Legislation. This Council is
aware that legislation, including the Tax Reform Act of 1984,
HR4170, is pending before Congress that would restrict the terms
and conditions upon which industrial development bonds may be
issued after January 1, 1984 and bear interest exempt from
federal income taxation. In approving the issuance of the Note
by this resolution, this Council does not intend to use, and
specifically disclaims using, any portion of an allocation to
issue "private activity bonds" or industrial development bonds
that may be granted or available to the City under such pending
legislation. The Obligor will acknowledge in the Loan Agreement
the pendency of such legislation and the provisions of this
Section 6.
Adopted: , 1984.
Mayor
Attest:
City Clerk
THROUGH: Carl J. Jullie, City Manager
FROM: Eugene A. Dietz, P.E.
Director of Public Works
DATE: May 25, 1984
RE:
5 Year Capital Improvements Budget
TO: Mayor and City Council
Attached for your consideration and discussion at the May 29, 1984, Council
meeting, please find a copy of a proposed Capital Improvements Budget which
focuses on the 5 year period beginning in 1984. By all accounts, the proposal'
is very ambitious, however within the parameters suggested below, the fiscal
expenditures are achievable.
Although the priorities represent Staff viewpoint, we do recognize that one
of the primary goals at the May 29 Council meeting will be to begin a
discussion which will lead to scheduling and funding priorities established
by City Council. The notable exception to the list of projects is the Parks
and Recreation improvement projects. Since the Community Services Director
provides you with a yearly update of a 5 year program and the source of
funding is not in competition with the remaining projects, that segment of
Capital Improvements was excluded from this discussion.
The roadway improvements are listed in a sequence that represents their priority
from a traffic safety standpoint as well as capacity requirements. However,
a number of expenditures do not follow the needs sequence for a variety of
reasons. The comment column indicates the reason for timing some of the
projects as shown. For instance, the timing of Mn/DOT and Hennepin County
projects, which will involve City funding, sets the date for some of the
expenditures. The other leading influence on timing relates to development
projects which include collector facilities.
The following briefly analyzes the funding needs to provide the expenditures
indicated in the attached tables:
BUILDINGS. Expenditures shown would require an additional 1.25 mills
beginning in 1986 and an additional 0.75 mills beginning in 1989.
Please note that the liquor store project is revenue supported and
does not influence the mill levies necessary to accomplish this phase
of the budget.
EQUIPMENT. The items listed in the equipment section of the budget
Would -be funded through the equipment certificate process and would
generally add approximately 0.1 mill. These items generally represent
larger expenditures over and above the routine vehicle replacement
schedule that is discussed in the annual budget.
WATER/SFWER. These projects would all be revenue supported. In general
the expenditures fall within the anticipated utilities billing program
and receipts from the trunk sewer and water assessments.
BIKE TRAILS. These projects anticipated State matching funds. The City's
Page 2, Capital Improvements Budget
share would be approximately 0.1 mill per year.
ROADWAYS. The receipts from State Aid Bond sales and the current
transportation levy would fund those projects shown within the
current 5 year period.
The figures summarized in the attached tables are for budget purposes o
n
l
y
.
The amounts listed were not derived from detailed investigation, but ra
t
h
e
r
were developed based on experience with past projects. As the process e
v
o
l
v
e
s
and projects become imminent some modification to the exact amount can
b
e
anticipated.
City Staff will be on hand at the Council meeting to discuss these proj
e
c
t
s
in more detail.
EAD:sg
CAPITAL IMPROVEMENTS
ROADWAYS
(1984 DOLLARS)
TOTAL CITY
BUILDINSS , COST SHARE
1984 195 0986 1987 1988 BEYOND
1 CITY HALL (40,000 S.F.)
2 PUBLIC SAFETY PISTOL PARSE
3 FIRE SIATION/FRESERST AREA
4 FIRE STATION/AIRPORT AREA
5 LIDUOR STCRE (10,000 S.F.)
6 PUBLIC SAFETY 54RASE ADDITION
7 COMMUNITY EERIER EXPANSION
SUBTOTALS
EQUIPMENT
4000000 1001 200000 2000000 1000000
80000 10016 / 80000 4
125000 1001 125000
150000 1002 f''''
600000 1001 100000 500000
52000 1000 52000
2200000 1001 200000 2000000
7207000 1001 380000 3300000 1000000 377000 2000000
150000
150000
1 FIRE TRUCK (1250 GEM TELE-SOUIRT) 150000 1001
2 FIRE TRUCK (1250 PUMPER) 95000 1002
4 PUBLIC SAFETY COMPUTER SOS. ,.w -u Pia) 1001
5 ADMINISTRATIVE FLEET (17) 112000 1000
6 BACKHOE 45000 1001
150000
95000
125000
15000
32000 20000 20000 20000 20000
45000
SUBTOTALS
542000 1001 47000 20000 215000 115000 145000
WATER & SEWER
I WATER PLANT EXPANSION
2 MRS TRUNK (RED ROCK PHASE)
3 WATER MAIN CPOSSINS OF 1-494
4 LIFT STATION-LYE-1 SERVICE AREA
5 PCB TRANSFORMERS
6 LIME SLUM
7 WATER 001W-TA. 5-ELEVATED TOUER
5000000
770000
90000
360000
32000
400000
165000
100%
570000
1001
1001
1001
1001
66000
300000 1000000 2000000 1700000
570000
90000
200000 160000
32000
80000 00000 80000 80000 80000
66000
SUBTOTALS
6817000 636000
402000 1110000 1146000 2000000 1780000
BIKETRAILS
1 CSAH 1, CEDAR FOREST - DELL RD.
2 MITCHELL, 10.5 - VALLEY VIEW RD.
3 DUCK LAKE RD. DELL RD.- EAST
4 CSAH 4, Rome IAKE-DUCK LAKE TR.
5 CSAH 1, DELL RD.- RILEY LAKE PARK
6 CSAH 4, DUCK LK.TR.-BIRCH 1S.PARK
30000
25000
50000
40000
25000
40000
1001
100%
1002
1001
1001
1001
30000
25000
50000
40000
25000
40000
SUBTOTALS
210000 1001 55000 50000 40000 25000 40000
TOTALS 14776000 636000 284000 4480000 2401000 2597000 3905000 150000
NAY 24,1984
r0
PARE 1 OF 2
CAPITAL IMPROVEMENTS
ROADWAYS
((484 DOLLARS)
TOTAL CITY
PROJECT NAME
COST SHARE
1984 1985 1986 1987 1988 BEYOND COMMENTS
I HONEWARD HILLS ROAD (PHASE 2) 241000
2 VALLEYVIEW (GOLF - 4) 1697000
3 BAKER ROAD (67 - ARBOR GLEN) 736000
4 CSAH 4/10.5 INTERSECTION 780000
5 TOWNLINE ROAD (4 - 101) 2286000
6 SISALS - 1/18 35000
7 TECHNOLOGY (CREEK - P.C.D.) 253000
8 DUCK LAKE TRAIL/CASH 4 INTERSEC. 25000
9 MICHELL Fall (FED ROCK) 980000
10 BENNETT/BLOSSCHiCSAN 1 30000
((EDEN ROAD (SEEN - TH.1691 206000
12 62ND ST. (OLD - NEW SHADY OAK RD.) 60000
13 RIVERVIEW INNER - 181 1440000
14 DELL ROAD (TWILIGHT - 5) 527000
15 ROWLAND ROAD 1037000
16 VALLEY VIEW 00.1906005 - VIKING) 805000
17 EDEN PRAIRIE ( 1 - 1691 1455000
18 MITCHELL RD.(PeASE 1,PREL.GRADE) 25000
i" 'RESERVE DLVD.IP.C.D. - A.L.P.1 40000
X ALL ROAD IDLT - 621 561000
21 CELL ROAD (5 - 169) 2870000
22 SHADY OAK RD. (62 - (69) 1068000
23 STNOLETREE LANE (EDEN RD - P.C.D) 35000
(PHASE 2 ERRING)
24 TH.5 (PRAIRIE CENTER DR. - 4) HADOT
25 30.169 ( PRAIRIE CENTER DR. - 4) MnDOT
26 CROSSTOWN (PHASE I) HENN.CO .
STATE AID
GENERAL
241000
241000
970000
150000 820000
142000
192000
STATE TIMING
150000
150000
COUNTY 111114
750000
17500
17500
COMMITTED
96000
96000
81N.219.SURCHAR
25000
25000
480000
480000
RED ROCK TIMING
30000
30000
30000
30000
FEAS. UNDERWAY
30000
30000
WITH 62 CROSS.
432000
432000
132000
132000
TH.5 CONST.1986
270000
270000
161000
44000
117000 NORSEMAN TIMING
436000
436000
moo
25000
MATL.TO DLT / 4
90000
MAINT. 9000015000 OVERLAY85
112000
112000
HIDDEN GLEN TIM
1361000
861000
300000
300000
35000
3500CPHASE 1, 1001
ASSESSED
MnDOT
MnDOT
KERN. CD
508. C1P
2511500 167500 1105000 372000 867000
I00000 50000 172000 480000 228000 270000
TOTALS 17232000 5865500 3711500 217510 1277000 852000 228040 1137000 2154000
MAY 25,1984
PAGE 2 OF 2