HomeMy WebLinkAboutCity Council - 01/03/1978 EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 3, 1978 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney '
Ross Thorfinnson; Planner Chris Enger;
Finance Director John Frane; Acting Director
of Community Services Sandra Werts; Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APP20V.!_ OF AGENDA AND OTHER ITEMS OF BUSINESS
Il. OFFICIAL DESIGNATIONS
A. Appointment of Acting Mayor for 1978
III. MINUTES OF THE COUNCIL MEETING HELD WEDNESDAY, DECEMBER 7, 1977 Page 1
IV. PUBt.iC HEARINGS
A. Community Development Block Grant (Resolution Nos. 78-02 & 78-03) Page 13
B. Crosstown Park by Richard Anderson. Request to rezone from Page 47
Rural to I-2 Park & preliminary plat 28 acres into 6 lots. The
site is located south of U.S. 169/212/Co.Rd. 18 interchange.
(Ordinance No. 78-01 and Resolution No. 78-01)
C. Pillsbury Rezoning. consideration of rezoning the approximate 25 Page 62
acre research and development site from I-5 Park (Ordinance
No. 77-2f-) hack to Rural (Ordinance No. 78-02)
V. REPORTS OF ADVISORY COMMISSIONS
VI. APPOINTMENTS
A. Metropolitan League of Municipalities - Appointment of 1 Representative
and 4 Alternates
B. Health Officer - Appointment of 1 Health Officer for the year 1978.
Appointment by Mayor with consent of Council
C. Suburban Rate Authority - Appointment of 1 Representative to the
Suburban Rate Authority for 1976. Appointment by Mayor with consent
of Council
D. South Hennepin Human Services Council - Appointment of 2 Representatives
for 2 year terms commencing 2/1/78
E. Assistant Weed Inspector - Appointment of Assistant Weed Inspector
Tor 19/8
Council Agenda - 2 - Tues.,January 3, 1977
F. WAFTA Board - Appointment of 1 Representative for a 1 year term -
Appointment by Council
VII. ORDINANCES & RESOLUTIONS
A. Resolution No. 78-07, designating the official meeting dates, Page 63
time and place for the City of Eden Prairie Council Members
in 1978
B. Resolution No. 78-06, designating, the Official Newspaper for Page 64
1978
C. Resolution No. 78-08, authorization for signatures Page 67
D. Resolution No. 78-09, designating a depository for the City of Page 68
Eden Prairie
E. Resolution No. 78-04, authorizing use of facsimile signatures Page 71
by Public Officials
F. Resolution No. 78-05, authorizing the Treasurer to invest City Page 72
of Eden Prairie Funds
G. Resolution No. 78-10, denying request for preliminary plat approval Page 73 .
and rezoning from Rural to R1-13.5 for Knoble Addition by
Universal Land Corporation
H. Resolution No. 77-146, requesting a post office to be established Page 75
in the City of Eden Prairie
1. 2nd Reading of Ordinance No. 77-39, Olympic Hills 3rd Addition, Page 76
rezoning from Rural to R1-13.5 and rezoning agreement (Rezoning
agreement covers both the 3rd and 4th Additions)
J. 2nd Reading of Ordinance No. 77-40, Olympic Hills 4th Addition Page 82
.K. Ordinance No. 78-03, regulating the licensing and operation of Page 84
Oance !halls within the City of Eden Prairie and amending
Ordinance No. 102
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Re_ports of Council Members •
B. Report of City Attorney
C. Report of City Manager
1. Charges to the Development Commission
2. Renewal of directional signs for Eden Prairie Center Page 85
D. Report of City Engineer
1. Receive petition for utility and street improvements in Page 88
Norseman Industrial Park 2nd Addition, I.C. 51-319
(Resolution No. 78-11)
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Council Agenda - 3 - Tues.,January 3, 1977
D. Report of City Engineer (continued) f I
Jl �
T.H. 169 Special Assessment appeal r Pa9e(94
4. Annual Agency Contract with Minnesota Department of Page 108
Transportation (Resolution No. '8--13
Annual Technical and Engineering Assistance Agreement with Page 111
Minnesota Department of Transportation (Resolution No. 78-14)
E. Report of Finance Director
IL Setting date for consideration of bond refunding proposals
2. Clerk's License List Page 121
3. Payment of Claims Nos. 8265 - 8346 Page 124
IX. NEW BUSINESS
X. ADJOURNMENT.
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UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
WEDNESDAY, DECEMBER 7, 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; Finance Director
John Frane; City Attorney Ross Thorfinnson; v.
Planner Chris Enger; Acting Director of
Community Services Sandra Werts; City Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
INVOCATION: Mayor Penzel asked that a silent prayer be offered in remembrance of City
Attorney Harlan Perbix, after which time Mayor Penzel conducted the invocation.
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PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
A. Discussion on Concert sponsored by the Historical & Cultural
Commission
B. Optionjreement to purchase approximately 40,000 square feet on
Washington Avenue
C. Informal comment relative to Round Lake and the division
MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, NOVEMBER.1,
1977
Pg. 2, add a new para. after paragraph 7, to read as follows: "Jullie further
explained the proposed sale by the City to Walter Ball and associates of the 0.16
acre. This residue parcel was excess right-of-way acquired under the T.H. 169
improvement project (I.C. 51-266). The parcel by itself is essentially unusable
and gwdarea planning would require adding this parcel to adjoining property for
development purposes. The sale will stipulate that the purchaser pay all pending
and existing special assessments in ad'ition to the purchase price and further that
said purchase price be same as the ori', al -quisition price per square foot of land.'
Pg. 4, 5th para., change "Gilderhus" tc "Gilderhas".
Pg. 5, 2nd para., 5th line, strike "undated" and insert "updated"
Pg. 6, 5th para., last line, strike "their original plan" and insert "the original
concept".
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Council Minutes - 2 - Wednesday, December 7, 1977
II. MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, NOVEMBER 1,
1977 (continued)
Pg. 7, 4th para., 3rd line, strike "Downey" and insert "Downey"; and in the
6th line, strike "community" and insert "area".
Pg. 10, 9th para., 3rd line, change Pauly's vote from an "abstention" to an "aye".
MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the
Regularly Scheduled Council Meeting held Tuesday, November 1, 1977, as amended
and published. Motion carried unanimously.
III. PUBLIC HEARINGS
A. Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and
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Michael Adams (Continued Public Hearing from November 1, 1977)
Planner Chris Enger spoke to recommendations of the Parks, Recreation
& Natural Resources Commission outlined in memo dated November 10, 1977.
Don McGlynn, Olympic Hills Corporation, stated they would like to have
the 3rd Addition passed as presented and believes they have met all the
criteria. The proponents do not believe that play should interfer
with the 2 lots and urged the Council to pass the plats as presented.
Mr. McGlynn further stated that the 2 lots in question (lots 1 and 2 in
the 3rd Addition) are served by a private driveway.
Meyers questioned what is contemplated by Hustad's on the undeveloped
corner. Planner Enger responded he had talked to Hustad's and it is
their intention in the northwest corner for single family homes.
Mayor Penzel questioned what the chance is of the City being liable
if an owner or visitor were injured by play on lots 1 and 2. City Attorney
Thorfinnson responded it would be minimal; however, it would not be
inappropriate as part of the approval of this project that an agreement be
signed holding the City harmless in case of injury. Mr. McGlynn stated
the proponents would be agreeable to approval contingent on same.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and give a 1st Reading to Ordinance No. 77-39, rezoning Olympic Hills
3rd Addition from Rural to R1-13.5. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to give a 1st Reading to Ordinance
No. 77-40, rezoning Olympic Hills 4th Addition from Rural to R1-13.5.
Motion carried unanimously. •
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-136,
approving the preliminary plat for Olympic Hills 3rd Addition and that a
provision to provide an easement for trails along Franlo Road be included.
Osterholt, Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion ,'
carried.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-137,
approving the preliminary plat for Olympic Hills 4th Addition. Osterholt, `l'
Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. :4+
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Council Minutes - 3 - Wednesday, December 7, 1977
A. Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Michael
Adams (continued)
MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney
to draft a rezoning agreement for Olympic Hills 3rd Addition to include
the recommendations in the Staff Report dated August 15, 1977 that are
pertinent to the 3rd Addition, recommendations of the Parks, Recreation
& Natural Resources Commission in memo dated November 10 excluding item 3,
with the inclusion that right-of-way for the trail be acquired in Olympic
Hills 3rd Addition to be equal to that of Olympic Hills 2nd Addition, and
that the proponent sign a release that the City will be held harmless
for personal injury affecting lots 1 and 2 in the 3rd Addition. Motion
carried unanimously.
MOTION: Meyers moved, seconded by Pauly, to direct the City Attorney to
draft a rezoning agreement for Olympic Hills 4th Addition, including
recommendations in Staff Report dated August 15 that are pertinent to
the 4th Addition, and the Parks, Recreation & Natural Resources Commission
recommendations in memo dated November 10, 1977, excluding item 3. Motion
carried unanimously.
B. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (Continued
Public Hearing from November 1, 1977)
City Manager Ulstad explained that this was a continued Public Hearing
from November 1, 1977, and there are no further recommendations to be made
to the Council at this time.
Mike Gair, Howard Dahlgren & Associates, spoke to communication dated
November 29, 1977, and answered questions of Council members.
Bye questioned City Attorney Thorfinnson as to what the Court's directive
was to the City. City Attorney Thorfinnson commented in granting the
dismissal, the Judge made it incumbent upon the City Council to hear
the original plan as submitted in 1970. What you have before you is not
the original plan, but is an application with modifications to the original
plan. Thorfinnson further explained the modification that was made by the
applicants was in part pursuant to the urging of the Court that if a more
reasonable course were taken it might be easier accepted.
City Manager Ulstad clarified the vote by the Planning Commission as being
3 ayes and 2 nays, and that the proposal was denied unanimously by the
Parks, Recreation & Natural Resources Commission.
Osterholt questioned the reference made by Mr. Dahlgren as to a Steering
Committee as the people in the area said there was not such a group.
Mike Gair responded it was the proponent's intention to pursue the development
of a plan that would meet with the satisfaction of all parties concerned. At
the earliest stages of involvement it was obvious contacts with the neighbors
was crucial. The proponent's were made aware of an individual living in the
area that apparently had some previous involvement with the review of the
original project, and they contacted him in advance of a meeting with the
neighborhood. The individual that was contacted was Dick Ehlen. Other
individuals present at the meeting were Mr. Mavis, Mr. Keller, Mr. Kruehl along
with Mr. Ehlen. 150 notices were mailed to people in the area to meet at the
Council Minutes - 4 - Wednesday, December 7, 1977
B. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (continued)
Eden Prairie Elementary School to review the proposed plans prior to coming
to the Planning Commission and the Eden Prairie City Council.
Osterholt commented the Council didn't choose the words Steering Committee
and it is unfortunate this was done without having any official status.
Glen Keller explained in 1975 when the Edengate proposal came before the
Council, the Steering Committee was organized and signatures were received
from 120 people in the area entitling the Steering Committee to speak for
them at that time. The Steering Committee is left over from 1975 and
has no basis to work at this point in time. They let Mr. Dahlgren know they
had no authority but to speak for themselves.
Pauly questioned when the Parks, Recreation & Natural Resources Commission
voted to deny this project they voted to purchase property, was that the
property encompassing the entire Edengate site. City Manager Ulstad stated
their concern was addressed to the Purgatory Corridor in the northwest
sector which encompasses a considerable amount of the Edengate property.
Pauly further questioned how this option would work. City Manager Ulstad
explained we have received a set of documents from the Metropolitan
Parks Foundation which outlines the procedures and commitments
along with a number of things the City must do in involving the Foundation.
Pauly asked if this would be a legally valid procedure to deny the project
to apply for funding. City Attorney Thorfinnson explained as he understood
the concept it would be one that would justify an acquisition of land
by condemnation as necessary to carry out those objectives. In order to proceed
the City would have to know that funds are available.
Bob Kruehl stated he was a member of the original Steering Committee and
the developer asked for the objections to their proposal. Suggestions were
made by the Steering Committee and Mr. Kruehl feels the developer did a
great job of misrepresenting those suggestions.
Mike Gair stated there is a willingness to drop units on the knoll within the
flood plain on the east of Dell Road if that would be the reason for a negative
vote.
Bye commented the Environmental Quality Board said they will not make a
recommendation until certain questions are answered and City Staff has
not had time to answer the questions. It is hard to discuss other ramifications t.
until we know what the recommendations of the Environmental Quality Board will
be.
MOTION: Osterholt moved, seconded by Bye, that I) the proponents offer to
delete 22 units to be a part of their recommendation, 2) the proponents
respond and identify parkway accesses to the site, 3) have staff respond if
they are satisfied as to the gradings and storm sewer and its dumping into
the flood plain area, 4) attempt to resolve Mn/DOT's concern regarding the EAW,
5) have staff prepare a staging plan for development so that the property could
be developed in a logical manner without having an overload on Duck Lake
Road with only one access on the northwest area of the development proposed,
6) define the flood plain area and determine if the proposed density constitutes
a trade-off, 7) request the developer to examine the possibility of a 3rd '4
y 4
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Council Minutes - 5 - Wednesday, December 7, 1977
B. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (continued)
Addition access on to Dell Road in the north end of the property, and
8) request staff to review the 8 - 10% grading on the southern connection
to Dell Road to determine if this poses any problems. Motion carried
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unanimously.
C. Amsden Hills II, The Preserve, request to Preliminary plat 15 acres into
33 single family lots and rezone the property from Rural to R1-13.5
City Manager Ulstad explained this was a rescheduled Public Hearing and
an agreement now has been reached with The Preserve to dedicate the
necessary right-of-way for Anderson Lakes Parkway.
City Planner Enger spoke to the recommendation of approval by the Planning
Commission outlined in minutes dated July 25, 1977, and explained that the
Parks, Recreation & Natural Resources Commission did not take action on the
plan because they were confused as to whether the project was within the
original Preserve PUD and if the cash park fee should be charged. Other
than these concerns, the Parks, Recreation & Natural Resources Commission had
no other concerns with the plan.
MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and
adopt a 1st Reading to Ordinance No. 77-31, rezoning Amsden Hills II from
Rural to R1-13.5. Motion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney
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to draft a rezoning agreement to include: 1) recommendations of the
August 10, 1977 Engineer's report, 2) recommendations in Staff Report dated
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June 10, 1977 on page 5, items 1 and 2, a-g, including the 9 lots outlined
in Figure 4, 3) recommendation from the Planning Commission that the right-of-way
for Anderson Lakes Parkway be included in the final plat when adopted, and
4) that approval does not prejudice the City Council of Eden Prairie nor
preclude the City from changing the "so-called" policy to make the cash park fee
applicable to all future development. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-109,
approving the preliminary plat for Amsden Hills II by The Preserve.
Motion carried unanimously.
D. Planned Study in Southwestern Eden Prairie. Rezoning of properties which
reverted to I-General back into Planned Study. •
MOTION: Osterholt moved, seconded by Meyers, to close the Public
Hearing and give a 1st Reading to Ordinance No. 77-43, rezoning properties
in Southwestern Eden Prairie which reverted to I-General back into Planned
Study until the update of the Guide Plan or 1 year, whichever occurs first. •
Motion carried unanimously.
IV. REPORTS OF ADVISORY COMMISSIONS
No reports.
.5,
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Council Minutes - 6 - Wednesday, December 7, 1977
V. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 77-41, rezoning_from Rural to Highway
Commercial an approximate 3/4 acre site for AMOCO on the north side of
U.S. 169/212 across from the Eden Prairie Center entrance, rezonin
agreement and final RLS.
City Manager Ulstad explained that the zoning agreement had to be ..
sent to Kansas City to be signed and as of this date the City has
not received the signed copies.
Mr. McGregor, Real Estate Division of Amoco Oil Company, explained
he will be requesting a request be considered bysthe Board ign nof Appeals l& Adjustments.l requested this
MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading
of Ordinance No. 77-41, rezoning from Rural to Highway Commercial an
approximate 3/4 acre site for AMOCO on the north side of U.S. 169/212
across from the Eden Prairie Center entrance, provided the proponent
submit a signed copy of the rezoning agreement. Motion carried
unanimously.
MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning
agreement as drafted by the City Attorney. Motion carried unanimously.
MOTION: Pauly moved, seconded by Meyers, to authorize the Mayor and City
Clerk to enter into a buy-sell agreement for the land transfer. Motion
carried unanimously.
MOTION: Osterholt moved, seconded by Meyers, to approve the final RLS.
Motion carried unanimously.
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Appointment of one member to the Human Rights Commission to fill
an unexpired term to 2/28/79
Penzel recommended Tom Jensen to be appointed to the Human Rights
Commission to fill an unexpired term to 2/28/79.
MOTION: Osterholt moved, seconded by Penzel, to appoint Tom Jensen
to the Human Rights Commission to fill an unexpired term to 2/28/79.
Motion carried unanimously. =;.k
2. Mayor Penzel spoke to the upcoming meeting of the Adhoc Advisory
Committee on Chemical Waste and the River Crossing Task Force meeting
to be held Thursday evening, December 8, 1977. -
B. Report of City Attorney
1. Action on Windslope Declaratory Judgement
Douglas Rainbow, legal counsel for the National Housing Partnerships,
explained their agreement does provide for some dates for landscaping,
however, due to the fact it is winter, the time frame has to be modified
and May 1 is the scheduled time for landscaping if the Council approves.
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Council Minutes - 7 - Wednesday, December 7, 1977 -
1. Action on Windslope Declaratory Judgement (continued)
Osterholt stated he does not see the need for the City to get involved
with landscaping plans to go on private property.
City Attorney Thorfinnson commented it was his understanding from the
resolution that was adopted by the Council and directives given to the
City Attorney, that the declaratory judgement was being pursued because
of the concerns of the Preserve's residents about the Windslope project.
From the City's point of view, if the citizens that are concerned are
satisfied by something that can be agreed to, it becomes a basis for
settlement of a potential lawsuit.
MOTION: Bye moved, seconded by Osterholt, that the City drop the
action seeking a declaratory judgement against the Windslope project.
Bye explained the reason for his motion is very simple, that the most
affected neighbors are getting some relief. He further stated that in his
judgement a club has been held over their heads by the National Nnusinn
Partnerships and they would not put in anything unless the City dropped
the legal action. Bye expressed his feeling that the City does need
this type of housing but does not want the people moving into the Windslope
project to feel anything less than anyone else and that the lawsuit would
be a stigma on the people moving into the project.
Bye called the previous question. •
VOlE ON ORIGINAL MOTION: Bye, Osterholt, Meyers, Pauly and Penzal
voted "aye". Motion carried unanimously.
Council directed the City Attorney to draft a resolution urging Congress
to revoke the Charter for the National Housing Partnerships to be brought
before the Council for consideration.
2. Discussion on Codification
City Manager Ulstad requested that the Council consider authorizing
him to solicit costs for codification from people who are involved
in doing codification to be brought back before the Council for review
and discussion.
MOTION: Bye moved, seconded by Osterholt, to authorize the City Manager
to solicit costs for codification. Motion carried unanimously.
C. port of City Manager :,'.
1. Donation for Public Safety Department
City Manager Ulstad made the Council aware of a donation recieved ` ,
from an Eden Prairie resident,who wishes to remain anonymous, of
$1,385.00 to be used for a single purpose. t
MOTION: Bye moved, seconded by Meyers, that a communication be sent `t'
to the anonymous donor expressing the Council's appreciation. Motion
carried unanimously. ' `;
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Council Minutes - 8 - Wednesday, December 7, 1977
2. Suburban Health Nursing Service Joint Powers Agreement ,
Betty Johnson spoke to memo dated October 13, 1977, recommending that
the Council enter into a Joint Powers Agreement with the Suburban
Public Health Nursing Service.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No.
77-157, approving the Joint Powers Agreement with Suburban Public Health
Nursing Service, and authorize the necessary signatures. Motion
carried unanimously.
City Manager Ulstad suggested that Betty Johnson serve as the City's
representative on the Board of Directors of the Suburban Health
Nursing Service until the first of the year. Council agreed with
Mr. Ulstad's suggestion.
3. Joint Use Rental Agreement between the City of Eden Prairie and
the Metropolitan Waste Control Commission
MOTION: Osterholt moved, seconded by Bye, that the City of Eden
Prairie enter into the Joint Use Rental Agreement No. 438
with the Metropolitan Waste Control Commission. Motion carried
unanimously.
4. Srtttlag.of Public Hearings for 1) Crosstown Park (Richard Anderson);
21-Pillsbury rezoning from I-5 back to Rural; and 3) Community
Development Block Grant for January 3, 1978
MOTION: Bye moved, seconded by Meyers, to set January 3, 1978 as the
Public Hearing Date for 1) Crosstown Park (Richard Anderson), 2) Pillsbury
rezoning from I-5 back to Rural; and 3) Community Development Block
Grant. Motion carried unanimously. r`
5. Communication from the Metropolitan Airports Commission dated
November[3, 1977, requesting the formation of an Ad Hoc Advisory ,
Committee to review and discuss Ordinance No. 51 and all of the
issues contained within this ordinance
City Manager Ulstad spoke to communication received from the Metropolitan
Airports Commission dated November 23, 1977, acknowledging the request
that MAC would like the Council to appoint 12 members to serve on an Ad
Hoc Advisory Committee for the purpose of reviewing and discussing Ordinance
No. 51 and all of the issues contained within this ordinance. The other
12 members would be appointed by the Flying Cloud Businessmen's Association.
Gertrude Suel, MAC Commissioner, said she was pleased with the
action taken at the MAC meeting on Monday, November 21, and following the
hearing she did receive many calls from residents of Eden Prairie.
Osterholt stated he appreciated MAC taking the initiative in this matter. ?Qi
One suggestion he would like to be carried back to the MAC is that he "
would prefer an Ad Hoc Advisory Committee of 12 members (6 Eden Prairie
residents and 6 members from the Flying Cloud Businessmen's Association).
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Council Minutes - 9 - Wednesday, December 7, 1977
5. Communication from the Metropolitan Airports Commission dated
November 23, 1977, requesting the formation of an Ad Hoc Advisory
Committee to review and discuss Ordinance No. 51 and all of the
issues contained within this ordinance (continued)
Commissioner Suel stated the Executive Director was hopeful we could get
a broad cross section by making the number 24. She further commented
she could not arbitrarily change the number now as it was part of the
action taken by the MAC on November 23, 1977.
Osterholt stated if we decide to continue with 24, he would hope they
would decide a quorum would be less than the normal.
Osterholt placed the name of Kent Barker into nomination.
Bye placed the names of Tim Pierce and Mrs. John Westlund into
nomination.
Meyers places the names of Diane Luke, Gloria Williamson, Don Peterson
and Tom Redmond into nomination.
Penzel placed the names of Rod Sundstrom, Norma Schee, Nancy Laidlaw,
Sally Brown and Tom Jensen into nomination.
MOTION: Osterholt moved, seconded by Pauly, that nomination be closed
and that a unanimous ballot be cast for the 12 nominees to serve on the
Flying Cloud Ad Hoc Committee. Motion carried unanimously.
Claude Schmidt, Director of Operations for the Metropolitan Airports
Commission, explained that MAC is not going to select any members.
They will provide staff assistance if the chairman so desires and would
like to have the pleasure of addressing the first meeting and then would
withdraw.
Council set the first meeting of the Flying Cloud Ad Hoc Advisory Committee
for Thursday, December 15, 7:30 PM at the Eden Prairie City Hall.
D. Report of Director of Community Services
1. Information about potential funding of Purgatory Acquisition in the northwest
area Edengate, Markum) - Continued from November 15, 1977 Council meeting.
City Manager Ulstad requested that this item be continued to the
December 20, 1977 Council meeting.
MOTION: Osterholt moved, seconded by Bye, to continue information about
potential funding of Purgatory Acquisition in the northwest area to the
December 20, 1977 Council meeting. Motion carried unanimously. s'
2. Possible Purchase of Siaall Dozer
City Manager Ulstad requested that this item be removed from the agenda
and that Council not consider any action. 'r.t:
MOTION: Bye moved, seconded by Osterholt, to remove the possible purchase
of a small dozer from the Council agenda. Motion carried unanimously.
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Council Minutes - 10 - Wednesday, December 7, 1977
E. Report of City Engineer
1. Final Plat approval for Lake Eden North III
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No.
77-152, approving the final plat for Lake Eden North III. Motion
carried unanimously.
2. Final plat approval for Norseman Industrial Park Second
Addition
City Engineer Jullie spoke to his memo dated December 1, 1977,
recommending approval of the final plat of Norseman Industrial Park
Second Addition subject to the requirements of memo dated
December 1, 1977. •
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-153, approving the final plat of Norseman Industrial Park Second
Addition including the recommendations in City Engineer's memo dated
December 1, 1977. Osterholt, Pauly, Bye and Penzel voted "aye",
Meyers voted "nay". Motion carried.
3. Preliminary and final plat approval for Nygren Estates
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-154, approving the preliminary and final plat of Nygren
Estates. Motion carried unanimously.
4. Receive petition from Robert Nygren and order public improvements
for Nygren Estates, I.C. 51-316
MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No.
77-155, receiving 100% petition, ordering improvements and preparation
of plans and specifications for public improvements in the Nygren
Estates Addition, I.C. 51-316. Motion carried unanimously.
5. Receive feasibility report for utility and street improvements for
the Country Vista Addition, I.C. 51-312
City Engineer Jullie spoke to Resolution No. 77-156 and the feasibility
report.
Mrs. Henderson, 16850 Duck Lake Trail, stated she has seen more than
one car go into the lake. She further commented there is gravel on
the street right now which provides trackage, and if you blacktop you
are going to have a race track and have people falling in the lake.
Dennis Truempi, developer, requested that the Public Hearing date be
moved up a couple of weeks.
City Engineer Jullie responded it has been the Council's policy to set the
first meeting of the month to hold public hearings. That is why we chose
the first meeting in February. If the Council wishes they could adjust
the public hearing date to January 17, 1978.
City Engineer Jullie outlined the costs involved for the utility and street
improvements at the request of Tim Pierce, representing Ray Stodola.
I0
•
Council Minutes - 11 - Wednesday, December 7, 1977
5. Receive feasibility report for utility and street improvements for
the Country Vista Addition, I.C. 51-312 (continued)
MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution
No. 77-156, receiving the feasibility report and calling for a
hearing (I.C. 51-316), amending the date for Public Hearing in the
resolution to January 17, 1978. Motion carried unanimously.
F. Report of Finance Director
1. Bond Refunding
City Manager Ulstad stated the Council has discussed in the past bond
refunding of our debt service fund and the Council will recall the City
uses the Dorsey firm as bond attorneys for each and every sale that we
conduct. One of the members of the Dorsey firm does live in Eden
Prairie (Mr. Endorf), and we would like to suggest that we solicit
proposals from probably about 6 different firmsin the metropolitan area that
•
are either financial consultants or brokers in the bond business. We would
like to suggest that we use Mr. Endorf to set some guidelines that each
of these firms could use in submitting a proposal for the Council's
consideration. Ulstad explained he thinks it is important that we receive
a number of proposals because first of all the fee is substantial,
and he assumes based on the new State Law that the fee becomes negotiable.
MOTION: Bye moved, seconded by Pauly, to authorize the City Manager
to solicit Mr. Endorf's services for setting up guidelines fnr firms to
use in submitting their proposals for bond refunding. Motion carried
unanimously.
2. Clerk's License List
MOTION: Osterholt moved, seconded by Pauly, to approve the Clerk's
License List dated December 6, 1977, with the exception of Genghis t:
Khan. Further that the owner of Genghis Khan be invited in writing
to attend the December 20, 1977 Council meeting to see if they have
taken care of their internal problems. Motion carried unanimously.
3. Payment of Claims Nos. 7507 - 8087
MOTION: Osterholt moved, seconded by Meyers, that the City establish
a Park Reforestation Fund. Further that the City Attorney research A.
if people who contribute money to the Park Reforestation Fund can
deduct same from their taxes. Motion carried unanimously.
VII. NEW BUSINESS
A. Discussion on Concern sponsored by the Historical & Cultural Commission
Pauly commended the Historical and Cultural Commission for the concert
they recently sponsored.
MOTION: Pauly moved, seconded by Penzel, to adopt Resolution No. 77-165,
commending the Historical and Cultural Commission for the concert they
sponsored and that a copy of the Resolution be sent to the performers !;
and the Historical and Cultural Commission. Motion carried unanimously.
II « .
Council Minutes - 12 - Wednesday, December 7, 1977
B. Option agreement to purchase approximately 40,000 square feet on
Washington Avenue
City Engineer Jullie outlined the proposed street alignment and spoke
to his memo dated December 7, 1977. '
MOTION: Osterholt moved, seconded by Bye, to approve the option
agreement on the Swendseen Property in the amount of S34,435.27
as per City Engineer's memo dated December 7, 1977. Motion carried
unanimously.
C. Informal comment relative to Round Lake and the division
City Manager Ulstad explained the City is faced with acquiring a division
of land for 2 purposes: 1) to complete the acquisition costs and 2) to
secure funds for park development. The road question is still left k.
unanswered. Ulstad suggested the Council accept the division as outlined
on survey by Rieke-Carroll-Muller Associates dated 9/21/77 to allow
the City to at least proceed to secure monies to finalize the 1968-69 acquisi-
tions and proceed to obtain monies for park development. Further that the
road question be addressed at a later time.
Council directed Staff to proceed with division of property of Round
Lake Park without the stipulation that the division be tied to the
extention of Valley View Road.
VIII. ADJOURNMENT.
MOTION: Bye moved, seconded by Osterholt to adjourn the meeting at 11:06 PM.
Motion carried unanimously.
ra
MEMO
TO: City Council
•
FROM: Chris Enger, Planning Director
DATE: December 29, 1977
THROUGH: Roger K. Ulstad, City Manager
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT, 1978 APPLICATION
The City of Eden Prairie will be entering its fourth year of participa •
-
tion with 35 other municipalities in applying for Community Development
Block Grant Funds through Urban Hennepin County. Dur target allocation
amount for 1978 is approximately 574,000. As part of this application •
through Hennepin County we must submit the following components:
1. A general three year Community Development Plan.
This is a policy document which outlines the basic
areas of emphasis the City is interested in pur-
suing for projects which benefit low and moderate
income people.
•
a. A 1 year action plan which details a specific
project or projects which directly benefit
low and moderate income people.
2. A three year Housing Assistance Plan ( HAP ), which
illustrates how the City intends to provide housing
opportunities for the low and moderate income.
3. A Neighborhood Participation Plan.
Each of these elements is described in more detail in the "Resident Guide"
which is attached.
As part of the Neighborhood Participation Plan, Community Development
Block Grant information was presented to:
- Human Rights Commission Nov. 28, 1977
- Parks, Recreation and Natural
Resources Commission Rec. 5, 1977
-Planning Commission Dec. 12, 1977 -'
(1st public hearing) :
In addition to these presentations, public notices were published, posters .
displayed , and anumber of civic organizations , homeowner associations
and management groups were notified of the Planning Commission & Council
Public Hearings.
/3
k
Memo-CDBGDec. 29, 1977
1978 -2-
)
STATUS OF PAST COMMUNITY DEVELOPMENT PROJECTS
1975 Valley View Bikeway $19,210 (funds transferred to Co.Rd. 4 because
of acquisition problems)
•
1976 Co. Rd. 4 Bikeway $39,919 (FAU matching funds not obtained; 1977
applied for new bike trail grant through
MNDOT special fund)
•
1977 Edenvale Park $38,900 (parlandknotvyetpment deededntole to proceed,
City. Parks,
Recreation and Natural Resources
• Commission reduced scope of project
to $28,700) •
1977 Preserve Park $18,050 (park development proceeds on larger
scale, costs incurred todate S52,788.
Anticipated cost to complete $28,0(10)
•
1977 Tree Replacement $ 5,621 (trees are being ordered for placement
in parks Fall, 1978)
1977 Administration $ 3,000 (amount,spent, Hennepin County to be
•
biliq
•
Memo-CDBG, 197E -3- Dec. 29, 1977
Based upon the information presented and the list of suggested eligible
activities, the Commissions generaly concurred that a three year goal
should be as follows:
Three Year Development Plan
Continue to provide opportunities for low and moderate income people,
elderly and handicapped; to be served with adequate recreational facilities;
transportational access to goods, jobs and services; day care services;
and other necessary facilities through proper planning, policies and construc-
tion of these facilities with the aid of Community Development Block Grant Funds. 4
One Year Action Plan
For the implementation of specific projects as the One Year Action Plan, the
Commissions gave the following priorities to eligible projects:
cg.
1. Completion of the Preserve Park in 197B. Estimated Cost of $28,000
completion $28,000.
(Hennepin County will transfer funds from the Edenvale project
to the Preserve Project for payment to the City for 1977 expenses
incurred. Resolution 7B-03 required from the City Council attached.
2. Construction of the Edenvale Park in 197B. Estimated cost $40,000. $40,000
•
3. Acquisition of Right-of-Way for Valley View Bikeway Trail.
•
4. Construction of Valley View Trail.
5. Overpass at Schooner Boulevard and Preserve Boulevard.
6. Overpass at Co. Rd. 4 and Valley View Road.
7. Administration of CDBG , for 197E $6,000 $6,000
Total anticipated funding for 197E $74,000
.1:
Memo-CDBG , 1978 -4- Dec. 29,1977
HOUSING ASSISTANCE PLAN ( HAP ) °+
I�.
Hennepin County has not yet received the final rules and regulations for
doing the HAP , or how many units might be desired. They do,however,require
submission of the rest of the application prior to Feb. 1, 1978. The
Metropolitan Council has allocated 167 additional units of low, moderate and
elderly housing for Eden Prairie by the Year 1980. Since the Guide Plan is
not currently under review by commissions, I would recommend the Council
instruct the staff to prepare a HAP in line with commission recommendations
and
gulations
exactly what happennedas last yearaindorderltorules meet HUD'setimetable. This is
RECOMMENDATIONS
i
The Planning Staff recommends:
1. The City Council approve Resolution 78-D2 authorizing submission
of the CDBG Application for 1978.
2. The information and priorities contained in the Planner's memo • .
dated 12/29/77 be the basis of the 1978 CDBG Application.
3.. The City Council adopt Resolution 78-03 authorizing Hennepin
County to transfer funds from the 1977 account earmarked for
• Edenvale to the Preserve Park site.
4. The City Council authorize the staff to prepare a Housing
Assistance Plan consistent with City guidelines and policies
for submission to HUD through Hennepin County at such time as
final rules and regulations regarding this HAP are available
from HUD.
•
LE:jm1 .
•
•
IL
jmj 12/77 •,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA • ' •
:;
RESOLUTION 78-02
•
A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY
OF EDEN PRAIRIE GRANT APPLICATION TO HENNEPIN
• COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION,
IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOP-
MENT ACT OF 1974
WHEREAS, the City of Eden Prairie has executed a joint powers
agreement with Hennepin County thereby agreeing to participate in a
Grant Application under the Urban County designation provided for in
the Housing and Community Development Act of 1974, and
•
WHEREAS, a grant application has been prepared requesting funds
to undertake a community development program, including appropriate
citizen participation, goal establishment and implementation plans
and procedures,
NOW THEREFORE BE IT RESOLVED, that the City Council , City of
Eden Prairie does hereby adopt the proposed Community Development Plan
and Program and Housing Assistance Plan contained in the attached
application for Federal assistance and authorizes submission of said
application to Hennepin County as the Urban County Community Develop-
ment Block Grant Applicant.
ADDPTED by the City Council of the City of Eden Prairie, Minnesota,
this day of , 1978.
•
Wolfgang H. Penzel, Mayor
ATTEST: .
John D. Frane, City Clerk SEAL
•
/7
ce/12/29/77
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 78-03
A RESOLUTION REQUESTING HENNEPIN COUNTY TO
TRANSFER CDBG FUNDS FROM PROJECT # 56 TO
PROJECT # 57
WHEREAS, the City of Eden Prairie has executed a joint powers
agreement with Hennepin County thereby agreeing to participate in a
Grant Application under the Urban County designation provided for in
the Housing and Community Development Act of 1974, and
WHEREAS, a grant application has been prepared requesting funds
to undertake a community development program, including appropriate •
citizen participation, goal establishment and implementation plans •
and procedures, and
WHEREAS, the amount originally allocated by Hennepin County for
use in 1977 for the Edenvale Park Site could not be expended, and
WHEREAS, additional construction at The Preserve Park Site has been •
accomplished in 1977, and costs incurred,
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of
Eden Prairie does hereby request Hennepin County ( as Administrator of
Community Development Block Grants) to transfer $38,900 allocated in
Fund #56 for Edenvale Park Site to Fund # 57 for use at Preserve Park
Site to offset actual costs incurred in 1977.
ADOPTED, by the City Council of the City of Eden Prairie, Minnesota
this _day of , 1978.
• Wolfgang H. Penzel, Mayor
ATTEST:
• John 0. Frane, City Clerk SEAL
4
•
•
ig
. --.:
MINUTES
EDEN PRAIRIE PLANNING COMMISSION
Unapproved
Monday, December 12, 1977 7:30 PM City Hall
COMMISSION PRESENT: Chairman Sundstrom, Schee, Redpath, McCulloch, Retterath,
Bearman, Lynch
COMMISSION ABSENT: None
STAFF PRESENT: Chris Enger, Jean Johnson
I. APPROVAL OF AGENDA
Bearman moved, McCulloch seconded, to approve the agenda as submitted.
Motion carried unanimously.
II. MINUTES OF THE NOVEMBER 28, 1977 MEETING
Schee moved, kedpath seconded, to approve the minutes as written. Motion
carried 5:0:2 with Lynch and Bearman abstaining.
III. MEMBERS REPORTS
A. Chairman Sundstrom.
1. Sundstrom informed the Commission an-ad-hoc committee to study the
airport issue has been established and two Commission members are
included(Sundstrom & Schee). The first meeting will be Dec. 15.
B. 2. Others •
Bearman inquired if in light of the passing of Mr. Perbix if the same
• law firm would continue as Eden Prairie's counsel. The Planner be-
lieved the same law firm would continue.
IV. REPORTS AND RECOMMENDATIONS
A. Community Development Block Grant Public Hearing. discussion of eligible
. projects. Mr. Hendrickson, Hennepin County, present.
Chairman Sundstrom opened the public hearing.
The Planner introduced Mr. Mark Hendrickson, Hennepin County Representative,
and stated approximately 46 organizations and associations were notified and
asked for input. He then reviewed the four projects discussed at the Nov. 28,
1977 Planning Commission meeting, they were: development of Preserve Park to
serve Winds1ope and surrounding area; development of Edenvale Park site to serve
Briarhill and surrounding area; a road overpass crossing Co. Rd. 4 from
Valley View and the Valley View trail from Co. Rd. 4 to Briarhill to improve
access to the school/park site at Round Lake for Briarhill and surrounding
area; and an overpass crossing Schooner Boulevard from Preserve Boulevard
which would benefit Windslope, Fraser Homes and surrounding area.
Mr. Hendrickson handed-out the following: Organizational Chart of Application
Process, Components of Program and Eden Prairie's Role,and Resident Guide
Information.
Mr. Hendrickson outlined the history of the Block Grant Program of being created
by Congress in 1974 and Eden Prairie's 3 year participation. He stated the
emphasis is to provide decent housing&suitable environment for low and moderate
income neighborhoods. He stated low and moderate income is determined by
being 80% or less of the median Metropolitan income which is$19,400. Therefore,the ',
low and moderate incomes are those approximately$15,000 or less. He added other
eligible projects are handicapped programs, planning activities or administra-
tive costs which may be funded through 25% of the funded amount without 4.
showing it's benefit to a low and moderate income neighborhood as it is felt
Such items(as planning activities) benefit all residents.
Unapproved -
Planning Commission Minutes -2- •Dec. 12, 1977
Sundstrom inquired if the City would be limited to projects contained in the
Three Year Program. Mr. Hendrickson replied projects outlined in the Three
Year Program should be general thereby allowing flexibility.
The Planner stated the Three Year Program will be drafted and submitted to the
•
Council at their January 3, 1978 Meeting for the CDBG 2nd Public Hearing.
Sundstrom asked if anyone in the audience had input or questions. None were raised.
Redpath expressed his support for the four projects outlined at the last Commission
Meeting as they benefit low and moderate income neighborhoods already established.
The Commission suggested the staff include planning activities in the Three
Year Program.
Lynch inquired how much more money is needed to complete the parks included in
last year's funding. The Planner replied the Preserve Park could be completed
•
with an additional $26,200; and the Edenvale Park(when dedicated) could be devel-
oped and completed with approximately22,000.
Motion 1:
Redpath moved, Schee seconded, to close the first public hearing on Community
Development Block Grants. Motion carried unanimously.
Motion 2:
Redpath moved, McCulloch seconded, to recommend to the City Council that the
following four projects be funded under Community Development Block Grant
Program:
1. Preserve Park site begun in 1977.
2. Edenvale Park site to be constructed in 1978,if dedicated.
3. Overpass from Valley View Road over Co. Rd. 4 and Trail.
4. Overpass from Preserve Boulevard over Schooner Boulevard.
Motion carried unanimously. •
Motion 3: •
Redpath moved, McCulloch seconded, to recommend the four projects outlined in
Motion 2, and other projects related to the four projects, be included in the
Three Year Program. Motion carried unanimously.
B. CUR Investment, request to preliminary plat and rezone from Rural to RM 6.5
and Community Commercial approximately 19 acres in the Southwest corner of
TH 5 and Co. Rd. 4. A continued public hearing.
The Planner informed the Commission the staff and proponents met last week with the
County and State Highway Departments and access changes were suggested by the
Highway Department. He stated the proponent is revising the plan and it is expected
to be on the Jan. 9, 1978 Agenda.
Motion:
Retterath moved, Bearman seconded, to continue the public hearing on COR Investment
to the Jan. 9, 1978 Meeting. Motion carried unanimously.
•
AO
Unapproved
Planning Commission Minutes -2- Dec. 12, 1977
Sundstrom inquired if the City would be limited to projects contained in the
.Three Year Program. Mr. Hendrickson replied projects outlined in the Three
Year Program should be general thereby allowing flexibility.
The Planner stated the Three Year Program will be drafted and submitted to the
Council at their January 3, 1978 Meeting for the CDBG 2nd Public Hearing.
Sundstrom asked if anyone in the audience had input or questions. None were raised.
Redpath expressed his support for the four projects outlined at the last Commission
• Meeting as they benefit low and moderate income neighborhoods already established.
The Commission suggested the staff include planning activities in the Three
Year Program.
Lynch inquired how much more money is needed to complete the parks included in
last year's funding. The Planner replied the Preserve Park could be completed
with an additional $26,200; and the Edenvale Park(when dedicated) could be devel-
aped and completed with approximately$22,000.
Motion 1:
Redpath moved, Schee seconded, to close the first public hearing on Community
Development Block Grants. Motion carried unanimously.
Motion 2:
Redpath moved, McCulloch seconded, to recommend to the City Council that the
following four projects be funded under Community Development Block Grant
Program:
1. Preserve Park site begun in 1977.
2. Edenvale Park site to be constructed in 1978,if dedicated.
3. Overpass from Valley View Road over Co. Rd. 4 and Trail.
•
4. Overpass from Preserve Boulevard over Schooner Boulevard.
Motion carried unanimously.
Motion 3: •
Redpath moved, McCulloch seconded, to recommend the four projects outlined in
Motion 2, and other projects related to the four projects, be included in the •
Three Year Program. Motion carried unanimously.
B. COR Investment, request to preliminary plat and rezone from Rural to RM 6.5
and Community Commercial approximately 19 acres in the Southwest corner of
TH 5 and Co. Rd. 4. A continued public hearing.
•
The Planner informed the Commission the staff and proponents met last week with the
County and State Highway Departments and access changes were suggested by the
Highway Department. He stated the proponent is revising the plan and it is expected
to be on the Jan. 9, 1978 Agenda.
Motion:
Retterath moved, Bearman seconded, to continue the public hearingon COR Investment
to the Jan. 9, 1978 Meeting. Motion carried unanimously.
•
•
AO
•
APPLICATION PROCESS
URBAN IMPLEMENTATION 'ENVIRONMENTAL
HENNEPIN OF) 1 YEAR EQUALV COUNTY & OPPOR.COOPERATING ACTION PLANS LABOR STANO.
COMMUNITIES n RELOC. & ACQ.
HUO
l APPROVAL 1
• I'
COMMUNITY { ) URBAN ( , HOUSING HUO REVIEW
DEVELOPMENT HENNEPIN GOALS A-95 REVIEW
PROJECTS COUNTY CDBG
APPLICATION
n
PUBLIC REFINE
HEARING COMMUNITY
URBAN COUNTY ACTION PLANS
APPLICATION & 3 YR. PROGRAM
A---
SUBMIT
TO
HENNEPIN
COUNTY
COMMUNITY 1 HOUSING CDBG REG'S.
DEVELOPMENT ( ) YEAR ) ASSISTANCE -51% ip`
PROJECTS ACTION PLAN PLAN -DIRECT BENEFIT
4, -EXCEPTIONS
2ND `f;
PUBLIC > d
HEARING
COMMUNITY 3 URBAN : ?
IMPROVEMENT ) YEAR COUNTY
PROJECTS & PROGRAM STRATEGY
HOUSING STATUTORY 33
GOALS C PROVISIONS . i
OF H & CD
CITIZENS, 1ST DETERMINE ACT '77
LOCAL 3 PUBLIC ) COMMUNITY
GOVERNING HEARING DEVELOPMENT
BODY &
HOUSING
NEEDS
.ZI
•
What Is the URBAN IIENNEPIN COUNTY CDFIMUNIIY DEVELOPMENT BLOCK GRANT PROGRAM?
A. funding mechanism for Community Development and Housing since 1975
1. Housing and Community Development Act
e. 1974 alternative to HUD "categorial program"
b. 1977 substantial amendment, funding through 1981
2. Goals
a. Providing decent housing
b. Providing a suitable living environment
C. Providing increased economic opportunities
3. Community Development funds are to be used for projects or
activities which principally benefit low and moderate income
persons.
B. Urban Hennepin County •
1. Legal definition: 200,000 population - urban area -joint
cooperation agreement
2. 37 cooperating communities/sub-grantees
3. 358,000 persons/115,000 households
4. One applicant/one application
C. Urban County Strategy
1. Guide to meet the goals of the Community Development Act...
2. ...within the context of local needs and capabilities
3. Three Year Strategy:
a. Community improvement projects
b. Expansion of housing opportunities •
c. Planning and management
d. Infrastructure
D. Application Process
1. Three Year Community Development Plan
a. Develop plan using Urban Hennepin County Community Development
Strategy
b. Evaluate local housing needs and local capacity to provide
housing assistance within the Urban County
2. One Year Action Plan
a. Program of eligible activities
b. Low and moderate income benefit test
1. 51%of service area's population
2. Client orientation - housing rehabilitation program
C. Exceptions to test: handicapped access, planning activities,
administration
3. Housing Assistance Plan •
a. Programs
1. Rental assistance: local or metro HRA
2. New construction: family, elderly, single family and
multiple units
3. Rehabilitation
b. Responsibilities
E. Other Program Requirements
a. Environmental Assessments
b. Labor Standards
c. Equal Opportunity
d. Relocation and Acquisition /121
£ h5ta'e,,r RArriart d ad _
•
finutes - Parks, Recreation approved
and Natural Resources Com. - 2 - Monday, December 5, 1977
2. 1978 Corrunity Development Projects
Werts spoke to the I.emo of November 18, 1977 from Planning Director Enger
sumarizing the re-writing of IIUD regulations defining what projects are
eligible for Community Development Block Grant Funds for 1978, and to the
•
recommendations of Enger and Jessen of projects they considered as examples
of possible eligible activities.
t
2. ).978 Community Dovelot=ment Projectg
Kingrey suggested access to Bryant Lake as a possible project. Werts
responded that the project must benefit a neighborhood which is made up
of 51% low and moderate income people, which would indicate that the
projects would have to be tied directly to either Briarhill or Windslope.
Eruell asked who defines the neighborhood and what is meant by moderate
income. Werts explained that the City defines a neighborhood and standards
which would include low and moderate income housing, and the fact that the
project is subsidized by the Federal government indicates that the project
is low or moderate income housing.
The construction of a trail along Valley View Reid to Round Lake Park was
discussed, with reservations expressed by Garens about the lack of a decision
•
on the extention of Valley View Road and its effect on a trail.
Kingrey expressed concern about deciding on a number of projects, and ending
up with insufficient funds to complete them, such as only being able to
complete a few feet of trail on Valley View Rd.
Anderson spoke to the Edenvale area park and the great need for a play-
ground and to trails leading to Round Lake.
NATIC:?: Garens moved to recommend that the City should apply for 1978
Community Development Block Grant funds for further park construction at
the Preserve; for further construction at Edenvale park site; funding for
acquisition of land and construction of Valley View trail to Round Lake
Park, with a potentinl underpass or overpass across Co. Rd. 4; and for
funding of tennis courts at Irairie View school/park. seconded by Kingrey.
Notion carried unanimously.
Kingrey requested that alerts research the status of Winslope residents
with the homeowner Association.
AO 1
Resident Guide - -
Community Development
Block Grant Program
of Hennepin County,
a1-1
It is the intent of this handbook to furnish the information needed to
formulate a successful Community Development Block Grant Program. The
Community Development process is not simple, but this document is intend-
ed to help provide an understanding of the basic workings of this process.
The organization used in this report is a question-answer format. By
answering the questions, the most important aspects of the Comnunity Devel-
opment Program are highlighted.
WHAT IS THE PURPOSE DF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM? •
The Community Development Program originated from the 1974 Housing and Com-
munity Development Act. Whereas, most prior Housing and Urbari Development
(HUD) funds were transfered to local municipalities via catergorical grants
(model cities, urban renewal, open space, and water/sewer), after 1974 a
single Community Development Block Grant has been transfered to participants
giving the applicants certain local discretion as to funding priorities.
Coupled with the Community Development Block Grant portion of the 1974 Act
are new guidelines and policies promulgated for federally assisted housing.
In effect, while all old federal housing programs are diminished, a totally
new housing program has been initiated.
The primary objective of the Community Development Program is the develop-
ment of viable urban communities, including decent housing, a suitable living
environment and expanding economic opportunities, principally for persons
of low and moderate income. All other eligibility criteria (see below)
are subordinant to this requirement that program efforts be directed toward
meeting the needs of the persons of low and moderate income. Consistant
with this primary objective, the Federal assistance is provided for the sup-
port of development activities which are directed toward the following:
- The elimination of slums and blight and the deterioration of poverty
and neighborhood facilities of importance to the welfare of the com-
munity.
- The elimination of conditions which are detrimental to health, safety,
and public welfare, through code enforcement, demolition, rehabili-
tation assistance and related activities.
- The conservation and expansion of the nation's housing stock in order
to provide a decent home and a suitable living environment for all
persons, but principally those of low and moderate income.
- The reduction of the isolation of income groups within communities and
the promotion of an increase in the diversity of neighborhoods through
the deconcentration of housing opportunities for persons of lower income.
I UNDERSTAND THE CITY IS PARTICIPATING IN THE HENNEPIN CDUNTY JDINT
POWERS AGREEMENT. WHAT IS THE SIGNIFIGANCE OF THIS AGREEMENT AND
THE CDNCEPT OF AN URBAN CDUNTY?
In order to provide additional community development and housing assistance
programs for its residents, the city has entered into a joint powers agree-
;1,
as
ment with Hennepin County and 36 other municipalities to submit an appli-
cation for assistance to the Department of Housing and Urban Development
(HUD) under the Urban County Community Development Block Grant Program.
An Urban County is defined as any county within a metropolitan area which
has a population of two-hundred thousand or more (excluding the population
of metropolitan communities therein). Because of this urban county desig-
nation, Hennepin County is "entitled" to receive Community Development
Block Grant funds according to a federal formula which distributes money
according to population, the extent of poverty, and the extent of housing
overcrowding.
As an Urban County the County of Hennepin is able to provide funding assis-
tance to these communities which have elected to participate in the program
and who's proposed activities are in agreement with the Urban Hennepin
County Community Development strategy.
WHAT ACTIVITIES MAY BE FUNDED THROUGH THE CDMMUNITY DEVELOPMENT
PROGRAM?
The following activities are eligible for funding with Community Development
Block Grant funds when it can be statistically shown to principally benefit s;
low and moderate income persons. -
As defined in the revised program regulation to principally benefit low and
moderate income persons, 51t of the population being served by a project
must reside in households having a gross income of less than $15,520.
BASIC ELIGIBLE ACTIVITIES
Grant assistance may be used for the following activities:
A. Acquisition of real property (including air rights, water rights,
and other interests) which is:
- Blighted, deteriorated, deteriorating, undeveloped or inappropriately
developed as pursuant to State and local laws;
- Appropriate for rehabilitation or conservation activities;
- To be used for the provision of public works, facilities and improve-
ments eligible for assistance under this subpart; or
- To be used for other public purposes, including the conversion of
land to other uses where necessary or appropriate to the community
development program.
B. Public facilities and improvements. Acquisition, construction,
reconstruction, rehabilitation or installation (including the
execution of architectural design features and similar treatments
intended to enhance the esthetic quality) of only the following
public facilities and improvements:
- Senior centers, excluding facilities whose function is residential i:
care of a 24-hour basis. '
- Parks, playgrounds and other recreational facilities designed for
participation.
i
- Centers for the handicapped, not limited to recreation, education,
health care, social development, independent living, physical re-
habilitation and vocational rehabilitation; but excluding facilities
whose function is to provide residential care on a 24-hour basis
for the eligible.
- Neighborhood facilities. Facilities of either a single purpose or ```
multipurpose nature designed to provide health, social, recreational
or similar community services primarily for residents of the neigh-
borhood service area.
- Solid waste disposal facilities are those physical parts of solid
waste management systems commencing at and including the sites or
sites at which publicly or privately owned collection vehicles must ,
be located in or serve comprehensive heighborhood revitalization
areas.
- Parking facilities. Such facilities must be located in or serve
comprehensive neighborhood revitalization areas.
- Street improvements. Streets, street lights, traffic signals, signs,
street furniture, trees, bridges, and culverts; but excluding limited
• access ways and their appurtenances. ">
- Pedestrian malls and walkways.
- Flood and drainage facilities; in cases where assistance for such a',;
facilities has been determined to be unavailable under other Federal
laws or programs.
C. Clearance activities. Clearance, denolition and removal of buildings
including movement of structures to other sites.
D. Public services. Provision of public services which are directed
• toward improving the community's public services and facilities, 7 ;.
including those concerned with employment, crime prevention, child
care, health, drug abuse, education, welfare or recreational needs
and which are directed toward coordinating public and private devel-
opment programs.
E. Interim assistance. Interim assistance to alleviate harmful con- ' ::
ditions where immediate public action is determined by the appli-
cant to be necessary, including:
- The repairing of streets, sidewalks, parks, playgrounds, publicly
owned utilities and public facilities.
- The improvement of private properties to the extent necessary to
eliminate dangers to public health, safety or welfare;
- The establishment of temporary public playgrounds on vacant land.
- The execution of non-routine garbage, trash and debris removal,
street cleaning, snow removal and similar activities. •
F. Removal of architectural barriers. Projects directed to the removal
of material and architectural barriers in publicly and privately
owned buildings. E.
an
ELIGIBLE REHABILITATION AND PRESERVATION ACTIVITIES.
A. Rehabilitation of public residential structures. Rehabilitation of
publicly owned or acquired properties for use or resale in the provision
of housing.
B. Public housing modernization. Modernization of publicly owned low income
housing
C. Rehabilitation by non-profit entities. Acquisition and rehabilitation
of properties by private non-profit entities for use or resale in the
provision of housing. -- -
D. Rehabilitation materials. Provision of building materials to homeowners
or tenants for rehabilitation of properties.
E. Rehabilitation financing. The financing of rehabilitation of privately
owned residential, non-residential, and mixed-use properties through
provision of grants, loans, loan guarentees and interest supplements.
F. Code enforcement. Code enforcment in designated comprehensive
neighborhood revitalization areas.
G. Historic preservation. Rehabilitation, preservation, restoration and
acquisition of historic properties, which are those sites or structures
that are either listed in the National Register of Historic Places, list-
ed in a State Inventory of Historic Places, or designated as a State or
local landmark or historic district.
ELIGIBLE ECONOMIC DEVELOPMENT ACTIVITIES.
Grant assistance may be provided for the following development activities
which are directed toward the alleviation of physical and economic distress,
through stimulation of private investment, community revitalization and ex-
pansion of economic opportunities for low and moderate income persons.
ELIGIBLE ACTIVITIES BY PRIVATE NON-PROFIT ENTITIES, LOCAL DEVELOPMENT
CORPORATIONS, OR SMALL BUSINESS INVESTMENT CORPORATIONS.
Applicants may provide block grant funds for a number of neighborhood
revitalization and economic develooment activities set forth in this section
to be carried out by a private non-profit entity, local development corporation,
or Small Business Investment Corporation. -''
ELIGIBLE PLANNING, URBAN ENVIRONMENTAL DESIGN, ENVIRONMENTAL STUDIES AND
ADMINISTRATIVE COSTS. !:
Grant assistance may be used for planning, design, environmental and admin-
istrative costs.
INELIGIBLE ACTIVITIES ' i.
Any type of activities not described above is ineligible. The following list
24
is illustrative and does not constitute a complete list of all ineligible
activities.
Public facilities not specifically mentioned in the list of eligible activities
such as:
- Facilities for the general conduct of government, such as city halls, police
stations and other buildings used predominantly for municipal purposes.
- Stadiums, auditoriums, sports arenas, concert halls, cultural and art centers
and similar facilities which are used by the general public primarily as
spectators or observers, except that cultural, art museum, library and
•
similar facilities may be undertaken as part of a neighborhood facilities
project.
- Schools generally, but excluding neighborhood facilities or senior centers
in which classes in practical or vocational activities(such as first aid,
homemaking, crafts, etc.) may be taught.
- Hospitals, nursing homes and other medical facilities, except for a
neighborhood facility or senior center in which health services are part
of the services offered.
- Operating and maintenance expenses in connection with community services
and facilities are not eligible, except for the public services and
interim assistance described ineligible activities. Examples of ineligible
activities include maintenance and repairs of water and sewer, parking
• facilities and the salaries of staff operating such facilities.
- Except for costs incurred in carrying out community development programs,
expenses required to carry out the general responsibilities of the local
government are not eligible.
- Partisan political activities such as expenditures for use of equipment
or premises for political purposes, sponsoring or conducting candidates'
meetings, engaging in voter registration (except if it is part of a comnunity-
wide registration drive sponsored by the lcoal unit of government).
Construction of new housing.
- Generally, no funds may be spent for direct income payments for housing or
for other purpose, such as payments for income maintenance and housing
allowances.
PIS LANTS TRUE UMMARYHAT THE IS REQUDIREDLASMENT PARTOF OFA COMMUNITY
DEVELOPMENT
APPLICATION PROCESS? •
Yes, the Community Development application is to include a three-year
community development plan which is developed within the context of the
Urban County Community Development strategy as reflected in the needs and
long term objectives statements. The community's three-year community devel-
opment plan will comprise the prgram's short term objectives. The short
term objectives must identify a program which is designed to assist low i
and moderate income persons or eliminate slums and blight. The community
development program must include the activities to be undertaken to meet the
(Q
''''';.::-.:
stated development needs and objectives together with the estimated costs
and indicate other possible sources of funding.
ii‘.''
WHAT IS A HOUSING ASSISTANCE PLAN?
Along with a Community Development three-year plan and identification of pro-
posed funding priorities, a third necessary element of the application is the
Housing assistance plan.
The Housing Assistance Plan includes an inventory of the Urban County's
housing stock and housing needs and includes both a one year plan and three
year housing assistance goals to address these needs. These goals might
take the form of new housing, rehabilitation or rental assistance through
federal, state or local program efforts.
WHAT IS THE RELATIONSHIP BETWEEN THE HOUSING ASSISTANCE PLAN AND
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM?
The relationship between the Housing Assistance Plan and the Block Grant
Program is a direct one. It is the intent of the federal law to tie the
community's housing plan to the Community Development grant so that com-
munities will give priority to housing related projects. The three ele-
ments of the Housing Assistance Plan are designed to provide a community
with a planning document which inventories and analyzes housing conditions,
identifies housing needs and sets short-term and long-range subsidized
housing goals.
HOW DOES THE ACT PROVIDE FOR CITIZEN PARTICIPATION?
Prior to submitting its application the cooperating unit of local govern-
ment is required to:
(a) Provide citizens with adequate imformation concerning the
amount of funds available for proposed community development
and housing activities, the range of activities that may be
undertaken, and other important program requirements.
(b) Hold at least two public hearings to obtain the views of
citizens on community development and housing needs, and;
(c) Provide citizens an adequate opportunity to participate
in the development of the application and in the development
of any revisions, changes, or amendments. •
In order to ensure appropriate citizen participation in the application
process the required activities should be initiated prior to the making
of any decision related to use of the community's share of the Block Grant
•
Funds.
The following are suggested methods which could be employed to comply with
the citizen participation requirements:
!I
30 _i
I
1. News releases
•
2. City-wide mailing
3. Mailing to community interest groups
4. Establishment of Citizen Advisory Committees
5. Community news letter
6. Distribution of public hearing announcements
WHAT OTHER REQUIREMENTS MUST BE MET TO BE IN COMPLIANCE WITH
THE ACT? •
The Chief Executive office must certify in writing that local unit of
general government will comply with a number of federal government as-
surances. (Hennepin County staff will provide administrative and other
assistance to communities to meet these responsibilities). The city
must certify that it will comply with the following:
1. The program will be conducted and administered in conformance
with the Civil Rights Act of 1964 and 1968.
2. Prior to submission of its application, the city has adequately
provided for citizen participation in the development of the
application. (See question above).
3. The applicant will provide fair relocation payments and assistance
to parties displaced as a result of any Community Development
funded acquisition of real property and meet all other requirements
of the Uniform Relocation Assistance and Real Property Acquisition
• Policies Act of 1970.
4. The applicant will assume legal resopnsibility for environmental
reviews and comply with provision of Federal Executives Order
relating to flood hazards, flood prevention, and water pollution
control.
5. The applicant will administer and enforce the labor standards
requirements as set forth in the Act. CP
6. The Community Development Program will give maximum feasible
priority to activities which will benefit low or moderate
income families of aid in the prevention or elimination of
slums or blight.
These administrative responsibilities may require considerable staff time
and expense and the Program budget should allow sufficient funding to
cover these expenses.
WHAT MAKES FOR A GOOD COMMUNITY DEVELOPMENT PROGRAM?
1. An attempt to identify and understand major community needs and 7.
priorities, particularly those affecting low and moderate income
persons.
2. Maximum citizen participation in all stages of the decision-
making process.
3. An understanding of program regulations and responsibilities.
4. A careful analysis of alternatives to determine how Program
funding can best be used to address community priorities with-
in the context of the Community Development Program purposes.
Since no community will receive enough money to fund all needed activities,
a major purpose of this process is to identify the one or two mcst impor-
tant priorities. -
•
3a
CITY OFFICES!8950EDEN PRAIRIE ROAD I EDEN PRAIRIE,NHNNESOTA 55344/TELEPHONE(612)9412262
rt
rl
December 7, 1977
Enclosed is a bulletin encouraging community input and views on
how the City of Eden Prairie may elect tc use their share of this
year's Community Developrent Block Grant Funds of approximately
$75,000 . =f
We would appreciate haying this bulletin posted in your church.
Please feel free to contact either Hennepin County or myself at
the City Hall if you have any questions or suggestions.
Thank you for your cooperation.
Sincerely,
(I:t1
Chris Enger,
Planning Director
encl:
CE:33
33
r
EOM U! 1T7 DEL OFMA
-HOUSING NEEDS
IFY%ULIVE IN OND OF'FHESE COMMUNITIES:
Brooklyn Park Hanover Orono l--.,4 /•-
Champlin Independence Osseo „yam""
Corcoran Long Lake Plymouth
Crystal Loretto Hassan Twp.
Dayton Maple Grove Richfield
Deephaven Maple Plain Robbinsdale
Eden Prairie Medina Rogers •
Edina Minnetonka St. Anthony
• Excelsior Mtka. Beach St. Bonifacius
Golden Valley Minnetrista Shorewood
Greenwood Mound Spring Park
Greenfield New Hope Tonka Bay
Wayzata
YOU ARE.ENcouRAGBD 7a X SS YcUR VIEWS oN '..
IoGIL CAMMGNITy IEVELOFM1:NTAND ROSSIN& NEEDS
Under the Housing and Community Development Act of 1977, the ",
37 Hennepin County communities listed above have joined with .,
the county tc develop an application for federal community j'p,,,
development and housing assistance. _ ?1,
THE GOAL OF THE URBAN HENNEPIN COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM IS: • '
• TO PROVIDE ADEQUATE SOUSING
• A SUITABLE LIVING ENVIRONMENT
• INCREASED ECONOMIC OPPORTUNITIES
All interested persons, particularly low and moderate income
residents, senior citizens, handicapped, minorities and women,
are invited to help in the development of your community develop-
ment program and later assess its program.
ELIGIBLE ACTIVITIES INCLUDE:
• HOUSING REHABILITATION
LOANS AND GRANTS ",'
• LAND ACQUISITION
FOR HOUSING ...
• NEIGHBORHOOD CENTERS ,'
• MUNICIPAL PHYSICAL,
IMPROVEMENT PROJECTS
Activities must benefit low and moderate income persons or take
place in a geographic area where a majority of residents have
low or moderate incomes.
PUBLIC HEARINGS: �}0
• 2 PUBLIC HEARINGS WILL oT
BE HELD IN YOUR COMMUNITY 5+''Jl
DURING DECEMBER 1977 and JANUARY 1978 �p�40f a�P�60,RA ;4• '
b0► ��p�T
FOR: DATE CALL: YOUR CITY HALL i 6'"
TIME or
LOCATION HENNEPIN COUNTY
` 3g 346-6418
•
t
• •
MINUTES •
EDEN PRAIRIE PLANNING COMMISSION approved
Monday, November 28, 1977 7:30 PM City Hall
COMMISSION PRESENT: Chairman Sundstrom, Schee, Redpath, McCulloch, Retterath
COMMISSION ABSENT: Lynch, Bearman
STAFF PRESENT: Chris Erger, Jean Johnson
•
approved
Planning Commission Minutes -2- Nov. 28,1977
C. Community Develonment Block Grant, discussion of eligible projects. Public
Hearing to be held December 12,1977 before Planning Commission.
The Planner informed the Commission the City is expecting to receive
approximately S74,500 in funds this year. and referred them to the memo dated
11/18/77 outlining eligible projects. He added the main intent again is to
benefit low and moderate income persons. The planner reviewed past fund projects
as follows: 1974 $19,000 for Valley View Road bikeway (not used-carried to 1975)1
1975 $35,000 + $19,000 for Co. Rd. 4 bikeway (not approved-reapplied for State funds)
1976 $54,000 used to begin work on Preserve and Edenvale park sites which benefit
Windslope , Briarhill and surrounding neighbors.
( McCulloch asked if further funds could be used to develop the Preserve and Edenvale
Parks. The Planner responded affirmative.
Schee felt, since the school site is established at Round Lake, the Valley View
Road bikeway would be appropriate as a•means to get Briarhill residents and others 1.
to the school for activities. 'A,
•
McCulloch suggested the road underpass at Valley View Road.•
• Retterath suggested an overpass on Schooner Boulevard from Preserve Boulevard
which would assist Windslope residents, Muriel Humphrey resdients, and others to
gain access to the Shopping Center.
•
The Planner thanked the Commission for their input and stated the staff would be
notifying groups, organizations, etc., about the upcoming public hearing on
the funding Dec. 12th at which a County representative would be present.
7F
•
•
•
•
•
•
•
•
•
Planning Commission Minutes _q_ approved
November 14, .1977
•
B. Community Development Block Grant, 197E tt�
The planner informed the commission the city may receive approximately I
$70,000 for the 1978 year funding, and asked members to formulate some
suggestions by the next meeting.
•
•
•
3(P 4
•
—' :.E1a ''' ' ,..;:
gli
DI CO MES/5950 EDEN PRAIRIE ROAD/EDEN PRAIRIE,MINNESOTA 55244/TELEPHONE 1612)9412262 .,,wM
December 5, 1977 'r ,7 c
Dear Citizen, Community Organization, Boards, Commissions, Committees, etc.
Eden Prairie has joined with 36 additional Hennepin County communities and the
County to develop and submit an application for federal assistance as an Urban
County, pursuant to the Housing and Community Development Acts of 1974 and 1977.
The Urban Hennepin County Community Development Block Grant Program has been
developed to provide decent housing, a suitable living environment and increased
'economic opportunities for all residents with particular attention given to the
needs of low and moderate income persons.
As one of less than 80 urban counties in the United States, Hennepin County is
qualified to make application for a share of the available urban county entitle-
ment funding amount. Urban Hennepin County's share of the available funds is
based upon a formula which compares each urban county's population, extent of
poverty and extent of housing overcrowding against the total of these factors for
all urban counties.
The Area HUD Office has informed Urban Hennepin County that its preliminary •
fourth year program funding has been estimated at approximately$3,310,00.
As an urban county participant,our community has been informed that we should use
$75,000 as a planning target in developing our portion of the Urban Hennepin
County Community Development Program. This planning target amount was determined .
by applying HUD's national distribution formula to Urban Hennepin County and its
participating communities.
The City of Eden Prairie is requesting your participation in determining what
the housing assistance and community development needs of our City are. In making
these determinationas as to the expenditure of our share of Urban County Community
Development funds, it is necessary to work within the program guidelines established
by HUD. Copies of HUD's program regulations are available at the City Hall or may
be obtained from Hennepin County by calling 348-2852
Two public hearings will he scheduled to aid the city staff in obtaining your views
and those of others as to our community development and housing needs The first public
hearing will be held before the Planning Commission on Dec.12th at 7:30P11; the second
hearing before the Council in January(notices to be mailed),
in addition a third public hearing will be held next fall following completion of
•
the Year III Urban County Annual Performance Report to provide interested citizens
and organizations with an opportunity to review and comment on our city's use of
the Community Development funds.
It is our intention to involve the residents as fully as possible in the develop-
ment of this year's Community Development application. If you have any questions
please contact Chris finger at the City Hall. Members of the city and Urban County
staffs are available to meet with any group of interested citizens which would like
additional information on the Urban Hennepin County Corm+unity Development Program.
Sincarely,
r- 7. ''1
h , i 4 '
Chris Enge'r, '
Planning Director
encl: Proposed Rules
37 'H
'-;:::::::
MEMO:
TO: Planning Commission
Parks, Recreation and Natural Resources Commission
FRDt4: Chris Enger, Planning Director
• DATE: November 18, 1977
•
SUBJECT: 1978 COMMUNITY DEVELOPMENT BLOCK GRANT
I am including for the packet,copies of the new HUD Regulations defining what
projects are eligible for Community Development Block Grant Funds for 1978
which is Year IV of the program.
Keep in mind when reviewing these eligible categories that HUD's primary
reasons for establishing the funding originally was for the benefit of low
and moderate income people. HUD has been monitoring grantee's performance •
of the last three years and has brought out these new regulations to strengthen
that original intent.
• Eligible projects must benefit a neighborhood which is made up of 51% low and
moderate income people. While a certain amount of 'gerimandering' may be •
possible, it seems clear that projects will have to be tied directly to
either Briarhill or Winds lope. Seventy-five percent of the funds must be
tied directly to the benefit of low and moderate income people. The two
exceptions to this are planning activities and handicapped programs.
Projects which may be considered as examples of possible eligible activities
would be:
1. Further park construction at The Preserve. Since the Edenvale
Park site has not yet been dedicated, grading and construction
at The Preserve has proceeded this year beyond original expec-
tations. Still more than the very basic grading facilities such
as playground equipment, hard surface play area, and development
of the picnic area may be considered.
2. Additional monies for construction at Edenvale's park site. Since
money from last year's program was reapportioned in part to The
Preserve, this site would again be eligible for funding.
3. Funding for acquisition of land and construction of the Valley
View trail to Round Lake Park.
4. Planning activities , such as new ordinances precipitated by •
the Comprehensive Guide Plan Update.
The date for final submission of the application is Feb. 1, 1978. Before that
time, we must have all the commissions review and suggest eligible projects.
The information process will be similar to last years. A number of community
groups will be sent the information in an effort to solicit suggested projects.
We are required to have two public hearings at least two weeks apart. They do
not have to both be at the Council. i would suggest that the Planning Commission {:
hold the first public hearing on Dec. 12, 1977, and the City Council may chose
to hold the second public hearing at their first meeting in January. The Parks,
Recreation and Natural Resources Commission will first discuss this item at `+
their Nov. 21, 1977 meeting.
CE:jj 9a . 1
' PROPOSED RULES 56450
Subpart M-Otn•r+l Pearldeas AMR 1111�nn..LSS.Nement Find vedi dh��otggrant
tit lewd to hot meet et needs antd
Sae.
670.1 AppUcebt11t),•od Coop.. Subpart I-(Rmermdl prtonties prutcup 1ij for low- and
$10.7 Oejecure and purpose of program. Subpart J--Grans.Adm og,.I1pn moderate-tuieome persons Or for the
• 6102 Deaaiuoaa. prevention or rYrer aLtoA of slums Yid
G
670.E Wuvere. 570.00E eninuiuon of pu011a agency, D
ST2501 Gnat acreemeat tUfght Thee.urneratttan of certain Chia-
Subpart D--,AIloutien end 0tstneunen•l Funds 670.502 5telhod of payment. ble types of acn:a'm in t3o3 Subpart
670.30E General. 570.503 Cron orndrateals. does cot by liself.however,render see-
$70.301 A/location Bemoan Ileuopou tad Ste'304
lieetttt[bru on lead CommttmtOl elite activltico,rra7osed to be conducted
end NOnmetropodt•a Meat area espendltufe', by Intil;ldual applicants. elanbhc for
370.102 Basic C •et amount.'. 570.505 HanactN nenntytmeot irate-um
2ssastance under this Part. "1t1ere are
3705W f7ogramc001 000o other reouan"lent. that ::it t a..5o be
570.103 I:aid•bnrmirss 001E u. 310507 Pro400g and
steadYas.
• 570.304 Pena•tree discretionary Rranee. 573-Cs Clouding and znaumnce, met to Qualify a speeLac activity for as-
570.105 Oea.aa cation e•urn sn county. A o
570.too Audit. 0lstartec. n activity may be Seated
370.10E Ouuacst:on&'nas:v:on d►tte. 500.510 Retention of records. only in those instances where :: tom-
•670.157 kr•ucra:lcu of funds. 570.811 BUD.0011outrnore"Mc"for n-
670.136 Offset•,;unit entitlement. p•nehu+uon 70003 and gents pLc:with as owner dthe
applicable reotatu-
re.ents of thus Part,and the basic smtu-
SuepanfYOlRleaActbllM (Prauvea l• tory objectives of the Mice Cram pro-
370200 Oeeeral policies. 670.5f2 Dlxretlotwy great dweoute. gram.In;articular.activities ccnduetel.
670201 rigout eni;73ie ncttvttirs. Subpart K--Other Preersm Requirements by entttitment rettptent3 must com1i'
$10202 Eligible rrsa3l:l+ttda sad D1a•' 6:0.600 Limitations on :cod option nctlr- 'with the recutreslcn7s set forth u'�
lntlo0•stivitiei. lets'and eontlegency accounts. 4 570.302
670103 L-ilgibi•econotuie development.•.- modest re3-.trtl:ng benc:.l to low- one'.
• tlattles. S7O.Col KDndbo ua7nat7oa' moderate-income persons.or eiimmattoi
;70..03 Ilelxstion and acquisition.
$70106 =gib's sena Liles by priv•ce none „76U3 F.n vs.oa:rea t. of slums and bltcht and db.crettonar;
prone entitles,local cerehopmeat 5:0.[W ii.:ol :c prey'r:etton, recipients must comply '.afl 3:n1::ar i'e
. corporstlons, or '::all Cosine'. 5'a LC5 t.c.2, ns,a.reo. Ouarement3 Set forth m Subpart P.Fur-
' Investment rat co[?oNanrU. ;,ia.666 Architectural Barriers Act of 1968, then there must becolnaaance with a,
51010$ E11Itib7e pia0ain4,utbsa enrupo- 513.607 Activities for ameb othee Federal applicable environmental :Cv:e: an,
m.0107 design sad aaaua itrp.• funds must be sought. clearance procedures set forth In Ci CFO.
tire cwu. 370.603 II-Itch Act,
670206 I11e12g7t10.•001.011eS, anewNntionul rood In'.7050ce Frogman. Part 58• -
Subpart 0-entitlement Greeds 370.610 Clean Air Act and Federal water I Urban Development am'ion Orenls
670200 Oauhas of •ppiluz:oa require- Pollution Con-•ol Act. Grant a sl0tante may be provided with:
menU 670.611 Leed•3ased Paint Pouon7ng Preica- Urban Develo^ment Action Grants pnr-
570201 P 0001r,r considerations. Lena Act. suanC to Subpan G f07 7
6,0.302 Progrnrn:++neat io:n,v•and mode.- 570.612 Activities conducted by nonpr0dt (1) Acttt'ttlea carlbie for assilta0ct
sons entities.SDIC's.ord tom!develop-
.10.10come pee pursuant to th_7 Subpart: and
670.301 (n uien barite:,at:on Iequnemenit. inert ccr,0ntto fP.cenedl. •
_ 670.304 eo,u:.:;.:.;:r ^q.r.enser.: t':.u. 3:0 e33 ntspcaunn:Reaenea I. (^-) Such other actl'ntes as the Set
• 370.306 Annual Ccmmunley Development Subpart t-io••ened] rotary may dete-mine t0 be ter7,tte't
t'r^cT""• suboenr.t-tea..eaannae• with the statutoryObreeuics of t.•:
• 670.306 710eumg e,:entonc•Plan. Urban DCVCfopment Action Grant pro-
670307 Certt Canna*. 670.700 =gible applicants, gram as provided for in 1 5:0.453,
670266 Iluuu or spp best-inn mbmt•Alon. S7373t Applicnuon renudremea7.
670.30E Public as sYa unity of sod oo'ecunno 0701:a7 au:eantecn:o•i noa ,nt. In malting deterrntnittnns of cl7hbil
to two il•atioa- 670.703 Fecer57 ;unrtntee. ICY with retard to Urban L"eve!opme:
610.310 A-05 c:e.uongeou•e Myles sod 370.701 blNeet160 0, notes and interest Action Grants. for the pur,7pce5 0.
Comment. ratns;Reserved I. rt 570201-206. the tern "Communit.
67021t 110E review area sppmret of spell- 370.705 Gantsa r taxable oblzgsuons(Re- Development Program" at usrel ..a tht -
rnnneL subpart shall Ban mean the"Urban Ce-
670213 Amendrnedte. . Subp•rtN-Urban Renee.lProvisions vclopmcnt Action I'ur;ram."
Subpart(-Secretary's Food 570.200 aenent. IC) ,fOdc! Q:lea ec:in:its. No::ith-
• 670.t00 General. 670.603 Paymeoe of the.cot of eompletmg standing anitttt^.0 to the 1Ctotnirr:rt:ht.
670.401 Uncut n•e01 Bind. proiK1. - 517bpart.any 0nr0nic model r:t:is at...-
670.a0a Gemini' 7por7ces funds ter metro- 67o.110a Repnvmrnt of temnarnr7 Icons, its lXI OC C0I-3100 out to a meCil C!ta,
n:Ran•na r.onmetru ii tan sm.. S:o.6aa Appl t.•7•tier fomentnf 0,61^o1,
p p 570,844 Appuanon fare nppmrel or Enna- proe m=shall be el:hie for ftt•dinr:un-
670.t03 Ten coramw-von. giV•augment, der Lh is Part foam !bait C^ra.,n -if!",-
570.0 AresmN.pmenma.
610402 nun:a. tree r i :n it u Amer'.
ala. Subpart nm w O-Laa •wee•ment hold-harrllrs amount nt�C_uttble t•
s,irton.area)n. �r.�+t:m3- such model chess program en,ni t:)e la-
c"' 5:n9C0 Performance stanOKC3' Ucarit has refor:ed rive i'ra;.-of•••„••^-
tory of tiro lea saes teiana', p
670A06 Tonne-nose^rmri, for such activities a3 C1l,.„ nt7r;t:,^.:•
070.006 Reports to De sit bmRted by rt- a ..
Sm.<o7 i'nin a;ty «ccnrcra m'uem' clpgais. to i 570.1n3tc1('1711:1 Frr ..i+ -:cs,
570466 Sueo,iltsn:unds 51090/1 A nnust performs nor report. o this
is pannr7ph. the tC^..1 n...an.;
670.40a 3:en7i..-.+tad:ttnGi, • 570.007 Records to be mslutamed by re- activity"means any rr.ndel r.':is nrtl57:y
So6p•et F-.men 17nrs Trained hP...nedl c:plent. underway as of Jan:ocr;1.141",l::.tt tOO ;,
SoOvan G-u•ban n.•ewpmrnt Bann Gnat, 57o o0n rt,nnnno ray NUD• approved and funded by HUD en er be-
570402 :cerement'review or reclpledt's per- fore June 30,19:6.
• 570.450 Purf,.hti, fermim..
570.45) 3rnnitlnrts. 67093E CUrtrctir•and remedial enclave Id) Fae.4Fes can:lino:4 hnn efi^esk `,
570.467 Lai,bee•rpelrmu• 570911 Reduction or ornu.h mutt. and toefteih:c user.Where a taeth! nth.
• stoats I:11cu`ir.._Initina. 5:00,2 cendtwriminatwon .,mpitaoce. eflnse et111ble fur asstatance riorter the
670434 Ap;,llr•rt0ns 570215 Other remedies for noncompliance. b7erk Chant prnir:tm is fJ be^rn1^'ed It
$70,133 enures for'election. a Part Of a mutt:;'!r'We m7,I It)rd.11 i
• 570.456 310E rostra. •tN action on •ppu- H.Sllbpsrts C,F47tte ActtretlrS,and ,:
Unitas. a Iletiti mint Graonts, are reviled to factee Y that'31w eaua'r-a.)";''r'''c In*
570457 Protarpenr tie «quuementa rend as follnwt: eligible eases.Ilse portion.`f the ca:.ls at- �t,
. $704e6 17gRan,nulendmeat'' bli ' tnbuted to the et7.7ble fan:.iv may be ,pl
n edul+h Subpart C-CF�ie Activities •
370 asp Albv. nn to noneop t•o assisted with block grant(Need.where: '-#.
ono, ' §S20._1N1 Cruerul pntirin. f11 The fnrtilre. which :.5 •ulterwPt 1.
$18380 Appllonbl tty of sues and r'N)•- In) Determinations of H171bl11fi.This eligible and proposed for assrtanre,will
Ilr.t (Re'- subpart set:forth the rnr:e7 ofenclitic occupy a deatenated and discrete arta
snug Onrz renrnut prorenurn (Re'- b ftnll
�.1'
aened I. acUvItles that may be undertaken with within the tarter faatttr;and k.
30)
6CD(IAL HGtMt(I,VOL 42,NO. 703-TUtSDAYr OC706r1 23. 1,77
rwvv .
• •
O The applicant can determine the set forth ant 570.506.Further informs- community with a currently protected
Coats attributable to the facility proposed :ton recaraing d aposltion is set forth populationexcessed as a of 10.000.
00d 0.may facilit'not be •
_
for assistance as separate and distinct in 1 570.613.
•
from the overall costs of the multiple. ici Public menis.Acgtilsnlonitltles and improve- 15)tonst:u Lion.re on- Which aref de:ined as t o•.e physical/ tpat
Use buildingr:and,'or c:ll ty.
•
For example.a senior center,which u to atruction, rehabilitation or installation of solid waste management;ysrerrs coma
occupy space within a Policing that Is ILncluding the execution of architectural menelnz at anti including the site or sites
otherwise used for the conoce:of general design features and similar treatments at whictt publielY or privately owned col-
governmental business. may be nsantcd intended to cananee the esthetic nuahty lection ve toe orge poi[ oicipalf solid
when it exclusively occupies a separate •of facilities and improvements eligible s,
through and dntrnaled area within the Dtulding for assistance under this Part such as disposal incluts ding necmg r site Im-
(Le.the senior center does not "::oat" decorative pave:ueau, railings. sculp- D
. to different locations'wtthm ice building s::rs,pools or water and(ouuua(11:.and eluding
l psi appropriate a axed
movable
that happen to be avatiaole on a;era than other wares of list) of only the following eqeqs used after incuOtthe O vehicular swage of otain-
peatancns busts) and the aDDLcant can putt.: facilities and Improvements: at transfer al stations. Such facilities disposal lea or
determine the cost associated with pro- III Senior centers,but excluding any
viding the senior center:u c:ittact from facility wnose ormary function Is to equipment must be located in or serve
those Costa associated with all remaining Provide residential accommodat:oans or comprehensive
l nP till ensive neighborhood
ei hborhoo d r appur:a-
ineligible portions of the building. care on a 24-hour day basis (such as a minces used in the eat d ppur e-
(e) Activities ota::fe un a nccaft group home)' solid wastes are not Included among
boundcrleo. A^Dl/cans may conduct (C) Parks.atat•:rounr!f and other re• arose woad waste disposal facilities e11g1-
Retivttica a'hbdh ate otner^+lte eligible for •creational /ecffittcs which are designed big for assistance under this Part.
blocs grant assistance O t:h a of their fur^in:dpaUnn, but not spectator fa- (6)Fire protection/r this es and rQaa-
boundaries which are not plainly t^•at- tallies such:tsstacutuns• t meat. Such fcllsii fa and anidequip-
propriate to meet;de:limed nevus of the t3) Centers for the itaru:!carped.The must be located in facilities
agree cn;n7:ch^::-
appticant.For example,an urban county term "renter for the handicapped" ug n located roar s ers e co•i areas.
many conduct r.cccscar•:cc:iv:ties amen means any emg:e or:multipurpose facility (I) Fire e:mod protection teem 10 are Ce-
are oLher'a lse cllcsb e blues;:err.:assert- which see s to assist persons:vt:h;R:;sl- ,,,,etc as :pad and neecsarl Improve-
onee within a metropoc'ar cat; which cal.mental,Ceveioamertal and,or er.:n- •i
are not plainly mapD:on:late to meeting tonal l:aru!nnetts to become more meets thereto which are necessary fcr
Went/nett needs of the aypticant. functional member.:of the community by properly housing and storing tare protce-
proeldhig P:or^tr^s or services which Sion equipment and personnel by a:arc
g 570.201 Basic eligible Activities. :nay 1nc1:t.e, but are pot IL-uteri to. protection oryanizat:on, cut riot rdud-
Grant:usLtince may be used for the recreation,education.health care.tocial lug tire fighting schools and their appu:-
following actlnties: development.Independent living, phssl- tenances,
(a) Aequfsl::on. Acquisition In whole cal rehabilitation and vocational rolls- ail) Fire protection equipment is de-
or In part by a public. agcncY.by Our- 'alaatlon: hut excluding any fact:try :fried as the appropriate equipment and
Charhervis_e, of function us to provide ap,^.ara:cs»'filch a fire yrotcdt:au arm-
realp ler_:e, don.r.:zn or o ^.•hose nn-:ary 'csatton requires;or r.r:t*:r;cut a yro-
real property tin Interests
air:rouhi) Water redden iial care on a borne it a Say t-a.':5 Clam for protecting:•.err:tri and n:ala-
•
Tiglitsandotherlrntereststherein) which such an a group home or hallway taming ::sc safety anti welfare of Lee
Lit h me). Foe cxa:rR:e.a srMtc center for P
log•undercio fed or inappropriately de- the handicapped,::cd a facility;rts :rilh; from the d.tin7e m of:Ire.
geloped from the aeai:upo:nt of hound several services for the handicapped s7) Per.eisp /cca:::es. Such facilities .
community development and growth,to would be a multipurpose center foe the must tat located Ln or serve co.T,p:hen-
deterns!ned by the recipient pinsuatit to handicapped,both of whicii arc eldg:ble sive neighborhood re•nrali:ation areas.
State and local Laws: for assistance, (0) Public ufllsties, other than water
• (2) Appropriate far rehabilitation or 14) Neighborhood facilities. •Such and sewer,which Include:
Conservation aclvitxs: 'faclltiesmay be of either a simile par- il)Facilitiesr.cencar Lards:rbutlaa
(3) Ai%,roPrtate for the preservation i'o:e or mule;uriiose nature end are of the utlilty,but not product:en or zea-
or restoration of historic sites. the dr_,listed to provide health,social,retire- erttiott, such as electrical generation
beautl:katton of urban:mid,the censer- ation,st or similar community serelees. plantsi:
ration of open spaces,nittv.rai resources primarily for residents of the ne!ghr;or- (11) Buildings and Improvements than
and scenic ares_s, the par'::-s:on of rag- I:_atd se:-vice area.I.e..at test:11ty-one are an integral part of the ut:li(r and
reation.tl of;anuvtes or the guidance 01 percent)percent of these persona re- arc of such a nature that the utility will
of urban development; centnc or p'••^^^d to receive sertccs not function without them:and
(4) To los used for the provision of from Ito facility shall be residents of the iill) ::he placing underround of ex.
public works,facilities and in:provemehts service area For the purpose of thin $tfng Or newe istrr butts pti fa alit:s. tarts. •
eligible for ass:st ace under this sun- Para„rat:h, the term "service area" strict UStee teat.".c i's'c ale,soles.streetStreets.
part or moms etcur:
(5) To-ho used for other public nor- (li A geographic location within the furniture,trees,brad::m.eulvot'th came.
pthe conversion of toed ford:nt!nn a( a unit or ;ere:a! :coal ways and other ::ors_U auuunrmmnces
to oincludinge - h t to streets and structures facilitating the
p othetuses where h,nity ci el apP:nt goon^—ear that not the,cure tar!.act sate on.or:cage of,st eem..but ev-
prlase to the coinrn::utv development ::en)cgs:crated in corn p:Nhe^arc pipes. D: 2..
program.For example.n central;:i of one"^u:ces or other local cocun:rnts as a eluding expressways and other Cd
a metropolitan area may toe biotic grant nan•hlvirhood and describe,'In the Coos- aecias Waco and their appurtenances.
funds to rurrhase houses in a:ton-ma- muroty Cevelop:rout i'ro;:am as a corn- (10) Water and sewer /zei.•t:t,'s. Ln-
parted suburban)urrdlotton Its order to pn•tunalve neighborhood revitalization eluding storm sewers,except for sewaen
provide a ''r.aer clioice of !loosing op- area as denned in i 5SO.J01(a1 or sernee treatment worts acid::teteu';for setters
porlunitles for central city looter-Income area,or.to a new tom^rmpy,ca u•itr.ed which are ,'e:.orrti.d as (: 1 m:J.:pit a)
residents. in )5;0103(3), a neighborhood. village 'E). wl.e tern "storm sea err." ine•tr,, ;
(b) Disponllon. DSMsltton, h
or similar geographical ,leMt.natioin: or sewers or other conduits,open ur Ciro e I. ,..
sate, Irmo, donation, or oi:herwiei5e ne, of ill) An cnare mut of general local or their apour,ei:ancei which ce.i•e:, ,_
any real plan,:Icy n:qu:red altit Oh,it cove rnntebt or new conu:mint r a:: de- transport and dspa•.e of storm •a ra i:: , d
grant funds or 113 retention for public lined in 1 57o id3t.ti which Is under surface water.Street wie.n. other sr watt
purposex. itrov',:tett ih.tt the I rtueers 10,000 Dittinlattun, with the exception and rrouud water or drama,:e into an
Irons any such '1!'poai:lotn:.hall bn pro- that a t.idilty ahtett 13 drsu(ned solely ext•,tinn water eottr•.e,exclust ns domes-
, grata Meanie subject to the requirements 34 a eommunitytvtde facility in a new tie waste water and ItIdtutnnl w33tO1,
al/1 f(D(uAt!Indite, vol.42.NO. ta5—LULSDAY,OCIaa 23. urn -
PROPOSED RULES 56161
(11) Foundations and platforms for a service was the result of events not batty of elderly or hand)eapped persons.
air rights ides. within the control of the applicant.)
(12) Pedcsfnan malls and tea(ke'atts. (t) Federal aoscasnce in providing or 3 370.202 Elirible tehabilisai,un and
{12) Fleed and drainage/arilittrs,to seCurng such public services must have prnervatinnadivuaee.
Cues where 3as/stance for sued facilities beta applied(or and dented or not made Grant assistance may he Used for the
has been deter flea to be unavailable available pursuant to the prOV'Istons of following activttiel for t:te renablinattOU
under other Federal luau or programs 1 5 0 DYublle services mist be deter- of buildings trd improvements:
-- pursuant to the provisions of 15:0.6r. ia)Rehabilitation at public residential
The term"L'ood and Cnteage fac;Lties' mined by the applicant to be necessary structures. llcaabultat:on of publ sty
means those urhderti.L:gs designed to or appropriate to support the pltvsical reamed or acquired properties for use or
Influence or area the Pow to a natural development activities to be carried out :vale In:he frov:shen of i:ads:r.II.
,.inter course ,such as a trier,stream. r.nhun tomprtberurve neighborhood re- IJ) Public hoasno motle,u as:ion•
lake.estuary,bay.cccan or Intermittent vitdi:aUon aria. Cate specific eelerm!• .:odern:_aelon and moon:::at:on'uLvl•
minim of stepper:Or eachpNpCY.ed pdb-
stream)mid excludes storm servers. :�ng 01 publicly-owned:ow.-bt[d income hosts-Id) Clearance actItities. C:^_sraoce. lie service is not requires)to',Jo included : tzc
ilud!a„ .lie ne e t:ecnsucue.et
demolition and removal of::eLdirs and In L'u O7Plicat011, but the applicant ollIce Lacil:i es for such public housing!.
Improvements. UUUud:rg :movement of insist brieay uesertbe the relationship of Y.fl. BlocK groat :00de may also be pro•
Structures to other:Ices. ThunollL'on of nisi, pb91:e sernee to tie pesraca.'level- (eed Di, Da opn 15 R piano be��ern4
IIUD ii,Lted Iocs,ne-ul:::a mai,only be optaent acit.It;ce. I L'D wi:t 3Cce't the w-c'..Y to DO us,,d for Dl'i.r.:••e rm:"�:e nc-
undertaken pursuant to a plan approved appitc.nt's de:e:nt:nation t::at a puoLC :,„,:less a;..puuue soracas suca eecen:;and
by HUD. Service ts ❑eeec51ey and a,preltrtate tO day care meetluc Ito rear:I 0010 lit(P.O' .•
(e)Public service.Provision of public suit;tort the Gnieslcal decelo;mrrt as IOtreI and plaanm; eau ;mice-pbn nnin;•
services (tort tag Inter. supplies and tIc It:es Uniesa I..see Is substalittal eel- macscrnenc astute:.e u_ecr 1 trio:as re•
• materials) which are directed toward hence to the contrary, In which case is:ed to public L•aevr:v lm;:ovemeate.I
aduI.C•na tt•+O:na::cn or assurances
improving the ce:nmu:1:Y's Garin sere- �;rances tU Fncabi;i:c:(on by rmnproCt r^.fi-
• Ices and f u Ito rs, nc!:::Lu le yc cen-
u:ay t e• requ•_$ua Lrom the a, ties. Acauisitton and rc:-acitita::en o:
Corned with entp:etude:a,Cn'ale proven- prior to a Cetcr:::ln:r.:on of ci::;tU1Hty, procertioS by private nom;b:out satires
if) interim essufcnce. Later:m as-
tlon,child sacs ire cc Cr.:z atnse,ct:u• sstvue to alleviate harmful eoadu:orts for use or resale lu the pronslon of
Cation,welfare or recreational::rc•�s,v:d whore Immediate publle aCUon:s CeG:r- Inosing:
•
• which arc directed toward coo:d:natlnp, (d) fiehabrlitaaon materials. Prove-
public uuud pi„.,,,, dve,lo::Gent pro- •`.L'1e(1 by the applicant w be IIC[C:Sary, lion of butted.^,« LnaterI1ci. including
Including: paint, w be h:,td tel Ass neotvrra or
grams, Such services may be p:oatled tt) Pnc rcpairfrg of streets, slde-
by f3'.nte or IitcN covewatnts. T;'-`i- sc a!>x. p:-rSs. Piet•ti-rnI cl.S. publicly tenants for retaoia:atlon of met-^lies.
public,private or no::_co:it A_:••.1 lei P•chabhlife lion financing, lire II•
h'tyJ-li-r '" -- f- owned iitt'lt:r;and public tatiatiei;
t^) The n:pNve^:ent of Private nacC:rag of rehab:llatan, of pr:•v,i:.-)
• 'V7ded i r 1 - t.' ees - extent ntctsxai.y w oared resident's]. cod-r^s•- u. _.
i i_tI I a to the zruxtd•use propert,es thrown the a.rc `.
milt i Pub tl.r. :s:: cr re p cLmt:::ao'.-- v::nte t:a:5cfs to p,bLr
(1) Public srrvh:es r.:::a 'x provided hc:.teh.:-a:a:Y or c:elf are,
tic of Ulxk and fd::cS m tee•Pres't•
for residents of rn..;y:chenriee nelfnbor- i3) ,tar ext Or IV:
are, of temViralq Sion of:Css�Wnrc,a,..J,s;r..l:u.!ran;.
t17 hood revht.U::'d u b or c::::Car areas in puts::c;tay'.-101-.'•s on vacant lard.and loin guar-ant-en and interest supp:c-
•e which block grant iC:.t3ter:t'nys:eai de- men'-s.for:
14) The ec an
tin et pen-roulne gar• (1) Costa of re:^.-till n::en of'ireper •
-
yrlopmelhe ntsiv:Ce:, are t.•an: carried bti;e, t:.). ant titn z redo%, , sysee
Out In a concentrated amine:.Such pus- ie:nvn q,snow removal and similar lie- this. Met:ding. run:.:: i:.:retest towarr,
Ile services'nay be supports with block care of an ace:�uhcttori of Item:, Cl
:f1v"t. deferred ma:r.:c::ar:ce• rentaecmen• of
grant tune!,ter run wort.thaal iItnee year9 •—• cprnrn:o/the non-Frdnal share
titer the con:t:emu:t of sl:tit n tlysti:al de- pr.:lc:pal Il:tit::ee alld components c•:
ieloputcnt ac:I Vlt:Cs.For the purpose of required_iin CCItC0rI on with n t•\`dernl ex :in— structures, and retwvat:on
grain-in-aid ptoi:rrun uuderakrn os ,hrai:gin a?trra,,em,' 0 1.ens :o,e:c,-
thts pin rarraph: pc of Cite birds grant acusitiea,Pro-
(1)Physical development activities In- + d,That sxh 1-ay:Gene sh:.11 be ILnr- hancemeta of estrum;srrcuca,which
elude only [ho:,e described L•: i 5 0._St d to a.:tla[:cs oLicrvlx eligible under Ghat`xi ti:.dcrtaeCn sIDc:Y,or n hem b!•
(a) through in If) C:rorI;h th),mid to .subpart.
nation: •
ff0
•(k).and 1 5S0]n.t'irou.::n I SO=iJ. th) Urban renewal eampietion.Pay- t=) Refinancing CZS::n,;L':dcb:rdarn
•
(Ill Tito phrase "crareatratre mart- n:en.t of the cost of cornI letUti All urban ;`"cant UP a p:opert7 betas:e,las•'•'_'co
per"shall mean that tile block(,raga-s- renewsi pro;cet funded under Ttilc I of sac:1 re:ltaactng is ne0essar7 or sp•
• sbted p1 IC,tl ee'''•e:tt acitvI I are tube Rowans; Act or 1b-19 as amended. propri'Ltd to the exect:Irem of a Car::u•
being carrfnl out ill:1 Cuoh:nafCC man- :y Devc!op,lit,Pr a.^a::I:
ar :rr inOc
•
•nCr to liner a COCinninon o:•Ir[tlt'C o:part c.Ltll:y of secit costs :9 act forth t t31 \a•:--turn:t0 Inrrntsc It- ---r:^n:
pOso pursuant to a iivali;,tevr1oped plan 1 5,0 D01, use of encr.y la air UCtin cs i t •c
or strattaT In a Cornincilensive neigh- tlaouCh such mean: R:U) lip Iota Llon, Relocation payments ;it a f
borhood to::•!:ration area. and a. t9:anf9(or I dlylduak,,:aaIII cv :Oral windows .Ind doors. s:c:r c, wall
CI Such sencCes Minit to Clreeted to hi:sine,.cs,neuCNla oriaulzat{ors,peso :Lad a t:c insulation. dial Ccir:cr sinn,
ward (arm oFPbltiU I • t ;nat!l:rat toil or rrpia:ement of heat:at
such mistime CY. r.vras ins residents of t :,111. by irInfor• equipment:Cr
such m-ets.ti:,01k glint nssis;.ancr may a'a Lted under tits I':r. :Lttrte Infer•
be provided :or such rervi:es c^i)' in mau m regaru:1g the eligiblllt' of re- ''i) Ftrlanctne of costs.wsx:ated w::h
` those tuslo cc es wore tw-a-thirfa of location costs is set forth in I SIO.dd^-. the connect:en of reside::Cal swllllre,,
those fs'r:COO rertivlr,c tare public ser::re I))Loss of run hrl income.Payments to to s•utor du,trlbul:on inns:or local-,:•seer
' ire residents of the crmpr•ht.d'tve neigh- housing owners ter louses o1 rental III- collection Menses,but no: Ii.Ir'nent 01.u-
borhood revilaii.r atlun Area, clinic Incurred in holtitisg for temporary sc«mints witch are lncilCubie;ursmun
(3)A public sernce nay.t he either Its periods housln; ❑nits to he utflloeu for tO I o:0,7.00UU,
e.hoer service,Cr III) a quanlntaine In- the rttoratfau of 1nitvtauals and families if) Cade en/cerement.Cade er.force-
crearc to the;evel of a lord l<c meet e that dlspisced by program nctivitte-..ascuted Pier: In ocsignot.',1 rar,lpretwnr, a J;
which 1,1 boon pl,vnd L-min
!;;al w1.1cr this Part. neighborhood frutaltrifi ii arc, in .r4';
•
or State sources in tb' lalye calendar I'K) )femoral o/art./Waft/ref harrrnc. witch sue h cntorceinrr,t.i..Coilier wily „' ,
months pl tar to sutoni-awn of the :leech!Protects eirectrd ie the n'r,,oval puL'Ite lrnmr0vrhlrn'S.u.11:.•r:1:;v to be it
block grant applications I An r5arpt:on to of Material and arctttectur.il barters hi provided.may Ire eupvw elf to arrest bin
oils rouulrelnrltt atth rt.-:.,[it to.•1.i1e- PINT:AY castled) .end p ilnuely owned decline of the arcs.
Amnon ICIVIl rs ina)'re m.i.le If 11111)de- bIlIliundS. bet:tics and unt,rot•enments to) Ills bind preserre lion.)irha pities
termites that Use decrease lit tic keel of which restrict the mobility and aecetal- Uon, pnbervatloi. restoration and at•
•
•
• DUDEIAL tIGi1TEi,VOL 42.NO, 7111—TUISDA7,OCIOS(I 2S. 1977 •
•
JtiliiZ • PROPOSED RULES
quisilon of historic properties, both (I) Purchase of equipment and Cx- tided by an applicant to be used by pri-
publicly and privately owned.wn:th arc turn which are part of the real estate. sate nonprofit entities.Sf3IC's.or local
those sitar or structures Lhat are either but net personal property:and development torpor-_^_:tons far activities
tilted Ln or citgw:e to he listed In the till Eoo.-y conservation Improve- whico ate not Mho-Ilse ct:..bee for as-
ftational Ito,-stcr of illstorte Places. menu desizned to encourage the effluent. seance under this sunpart and svhrh
listed to a state Invt:n Wit of Hiswnc use of energy resources. (Including re- are determined by the applicant to he
Places,or designated as a state or local neseable energy resources or alternative necessary or appropriate to the aCc9m-
land mart or ht,tortc disks:by appro- energy resources; pllslunent of its Community Develop-
- pelatolaty or ordinance. IS) Commercial or industrial real meet Program.Such activities may tn-
Publicly owned historic properties may property Improvements. :Including rail- dude the protsion of block avant spurs `sista as-
beroad rtca for use by nor.Droat entries,
asLstcd. ult!uc:a; ::taro protxrt)cs or similar cacrasion,)
which are otherwise u,rUatbie for assst- SBIC,or local development corporations
3'.D.:04 Fairihle act:.i,:,•� fir private for
onto under tali s7apnrt. ad wets r, ell- r ten prvue"nn'''Inenl de.elopmrnt ill Assistance x!o new or eistinz small
giblltty Is limited onto to thcee eons nee• . eorry)entiorrs, or ,mnll >,aainena in- bovines.n:mortty busmet ex and netgh-
essary for rehabilitation.prrurtatIon or ve-anent corporation,. borhood nonprofit businesses for
restoration of tee props :and not for Cal General.ADplleants may provide ti) Working capital or operational
tor
or expansion of Cie pn;lr. a _.ocl: granLs fund^, for a number of funds:and
for cto Ineligible c:e. For moderate-
a nc:zlibc:i:ond reel tali-.it:on and ce-o- (111 Ca attal for land,structures.Drop-
Inc me he m atvinga.iul saw•and rnoderatc- sear:!;development act:it iS set forth In crty Improvements,and fixtures:
Income persons.and lL'red*l [he::atlon- -;sec t:on to hernrr!ed out by a private (a Cat::allcatlo.•s of a Si1IC or local
al ltcg: may be raised.but sae ad- nonprofit entay,local development coo- development eorl:oration.required to
could of a new wing on the musratI :or.Stlo. or Small F Lmra Investment quail'! for assistance:rider other bed-
not r'StSeinicrnafly Le n4 seed,u.;less 1t Cor,•isuutnon t.inIC). A;:pl!cants are oral programs:
were otherwise cioa:ble for arils[once nonetheless rearolsible for ensuring that (3) Assistance to minority contractors
pursuant to,570.203tb). Moen grant funds are utilised by such to obtain performance bonding:or
§570.203 Elleilla economic develop- entitles In n my "or consistent with rho 14) Other acdsntles, appropriate Inc
meat ncuv,drs. requirements of this Part and other an- codtmun:rt or neighborhood cc5:i0 axe
Grant assistance Clay be provided for p!lcaele Federal, state. or local law. development et revitalization.Where as
the following development activities Sprcatc requtre)nrnLs rovcrntnq the ad- applicant proposes to turd Such cntitttt3
which are directed toward the allevtat::n mmistratton of the use of block ,:rant to undertake activities pursuant to tins
of D>>,Y51cal and economic dc:rccs,or the
fcnSs-by such entities are set forth In paragraph,the applicant shall:
economic development o: a new corn- r 370.(112.;,p;!icon is will also he revpols- II> Previte HUD with a complete de-
monity ns des,^ere: Is- '573.403,a1 tibia for the ea sear;out'u.s cwhle en- scription of the proposed acin•:-y'
through sti:ivaation of rr:vatc Invest- virenanint.il rev:my and clearance re- (ill Provide HIM svitft a des::int:on of
merit, coa:mu:my rcvita;:ration. nisei sp0):SibU:t e% For t'-c purpose of this the relation-,hip of,l 0 nron,:ea,sterny
•
ezDanxloa of ecrno:n:c o;:;'or,:;n!I cc:or .cct:en: - to the applicants strat•`^y for:•,!shin r-
low-and modet'ate-Luca!:1L persea5, In- (!)A private non-proi4 cotsty means- :ION(rcri:c.l'aatton or ccp.)Ju t develop-
eluding: any neigltbor_tood-based or-anizat:on, rncnt:and
(a) Acquisition. Act Iatt!on of real Corporation. or asscclation. duly oral- floe ,Receive s;:ec• c authorisation
property for economic development our- macd to PrO ci l and Undertake comma- f,rom HUD to undertake the activity,
poses: - • tdty development twtivIties on a not-for-(bi Public fccitlaes. Areutslt!on.con- profit Oasis. l:uelun!n;-communttvwndo §370.20; Fai_ildn planning. urban en-
_
strueUon, recaa>tr¢cUon,rev nbtatatloa• ar :nl::attot uu with n re)rhhcr:food base v,roniuental de„un, env:,o.,mdal
or installation cf priLllc fact:lies not o:-h- uuuci new community associations as Nutik.,and adm,nisuoti,c costa.
• erslse cl:,;tb:e for tcs:stanco tinder dinned in 1170.•103(1)): Grant assistance may be used for the
5j0.:D1.(ll. which aro deter alined by t21 A Ptar.il F'tsatetO Investment Cor- foltosrtug plann:itc, destrm, eavacn-
the applicant is h::i:rcevsarl and appro- Doritlon (S:+1C) rreetss nn entity or- mental and adent:rstrattec costs:
pride to tranierncnt the nppt Iran C5 ,ran:::d pursuant to scct ton 7011d) or (s) P..-efem:lent of a Comprcltrasrre
neighborhood rrd!ai:_ation or economic tl:,: SI lni! +I inrr:a fain :tent act of Commonly Drt•rlop:n eel rtaa..+or the
• development et:ate;y: i35:1(15 1.T.3.C,tilt I id)):and purnn'e of this section.the to-n"Con:-
(1) As Isom:'rid In 1570.304(b) for (3) A local dewier-mint corporatton nrchr.nsive Community Devetoumcnt
'entitle:in-A applicants; or Tlinns nn entity orranlztsf pursuant to Pterm"means a statement cr t:atccntms
(2) For ail other nt•pi te.u:ts, as act Title VFl of tr:^ il,cuter .a m t. -onoic (la weeds. mars, iL'i::.ta ton:: or octets
forth in the nl•i):;ratlon as otherwise re- opportunity, rind ConIi,l ty Partner metttnd,ol commi:a,,disc^.it :"nits idrn-
ship Act of 177.1 (12 r1 S.C. :"•01): an
entity rf able lot asss:ance tinder err- d7 ':mitred by Chia rust- te insist:: soar::tors. next: .1nd
For examafr,In an area nth nn unrm- major problems of iSo aariira:it's;ur.s-
Con SU2 of t :•ta it !),isms: !rive;:r diction_rclatute to the spend::obvertives
rates nt cite to visit:of t;:r national auto .\ct nf,e cOi :15 L'.:l.C. 00:i); or of the Camrt;tn:R'Drrcto,maa;Pre?ism
rate.n man^ewer tr.:M.Inr crater oversew other sunl!ar mitt• inearr•orrtrd pur-
rs designed to prt•rare for the or forte st;oat to It•Cera t, Plate, or torn! lair. as set forth to 1 570.2(a) and:et :arch
low-end Inc.!crrlc its pole;'evens icon r11,tefivo:es F.'I:c:ale under 11 570:70:- ob)eeth•es, pollees and s!.ul:d.irt' to
ore unemployed or t::c:••re::::,te•rrd.mar 570 to.),and 1 5:0.2J5.Grant a!stetance rm hie the development and imp •nen-
be averted wlirre It Is t:rti•rct:^ed be the may tee Provided Lv an nypl!cant to bus Litton of such Community 1;tc.1,17:lent
np>lteent tact suns n(aetiav I,nrrrssry it:lil-rvl by private' ner.rront rtttit!ra, Pn)gcim..Activities nrceu"arc to d.•vr.ot)
and nppreprla(e to sv;q•ort Its ncrnnmio ::'.1IC's, or local development senors- a Conmrehrasrre Community L`cerlop-
devrlol'ment trratrer "Pie errllcant tens for activities otherwt.c eil•tihle for mrnt!'tan mar tnehn!e:
shall provide lit'D wire a dr•crtrtlrn of Id a•k grant nsrt-Aanee mirrtiant in (11 Data yaf'trna0 and studies neces-
the prop,^ed facility.and of the r"!it:on- ;>571:01-570 gal. and :570 720. Such nary(or the development of the P:an•r
Alit) of the tae:l_v to (MI nertleant', orimnimtions :::at'Inside facilities ell- Its connitment•.tneltwtn;I:l':'u •):tine,)
Idrnlrery ice netchn.rnnp;t restisl:alien glide for osnt•.tanrc nunnsnt to 1t:,10,. of hair rnaepin„'and aerial rhnu'•rnrn;•
orrconemic e.rvetnp:nrnt. :Ott) and 570.:113(11) whir!% arc not In ennrdutotion with the U I.Gi-i i•,rieal
(d COnPnrrc-.nl a^d 1'tlfir3 Mel!nrff- pininete o'sated, bat are ner.rth,•Iers Survey, Pot extiudim; the :a:::ohn: of
Hrs. Arauutttan, eer.anietton, recoil- ns'ndshir for pre Icy the cenrral Hurd![ tlrta did rats and per;ar;.^.I et anal'; es •
•
struction. rehabilitation or lnsttllatlon tli:nu^ all normal hours of m'.•ratl.ut neceman'for the rnedirrrtnc and.:rut^a
of: (CI Cpuirittnl.'ti or n,•i').hl•prh,t.x1 cep- of farlllt!er or activities I:ir15111.:e for
(1)Commercial or Industrialbrifldings nc--.e deir;oil cnf or rr::u.ilt•ation dc• blare grant a:al•:tauee pur:wtnt W
end structurcct fndildtltg ffottics. Uroni hVUtanCe truly be pro- 1 570:06: i
PROPOSED RULES 36463
ts of cOndUcthag
<2) DL poi omen!of tfa!emn+b of rd- (11.1C)Grnts and�on(racLlost iwith Statpies e and Haicable irs survepss and analyses u1 Frontlet
•
fettlucs,Dol:cloy and slit do s regard- Saxal Governments." All !:cuts of cost need:
Ins ppresent or tcrese:a: cr.uca - Listed:n AL'ac al Il. eeaonC of that W) Site and Utility plant,narrative
the present cos cca or prcolea» at- item 6. rcagzecment descriptions of the proposed construe-
je
fire
thetresedapplicant's jurisdiction C t:oa Wad costs.which arar e eil6ible only to the ex- lion. pre{:rninary cost estimates. and
De l be add:Pi-eel-aril:
by [::C C;,ti:munity tent
Development i`regram: tsrt nct!:o:ced in l 5;03U1tU arc al- "sketch drawings".
Sr tnbU ar-do'.t tt.^.t-i'r details
13)Development of::t::cc•trar Cool- lomabte•+'About titer approval to use cz- Lett::ra 1,
muntfV Development(-Ian'a'nich:deutf- tent they constitute rca:onabie casts and ordinarily required Inc construction pur-
ace otherwise Ci:K:a1C under tut.;sL'J'JarL poses. such
mecha as nical L`N_aisCPa'al.
Iles and community ndit:out and holds- tl) E1tp:ble program ad:nnus:rot:on atib C.and re cams a details:
with
be, economic cond;Cca1 and needs..
•
meetingtrntcs a co:.iJ:e::Cr_ssae a:rat2n/ costs. kea:Uttable administrative costs development o: applk=lions for mort-
inciinte gage and rat red had commitments and
for tL'c.:o ne.•s:a ..:tdtc It cs co V adltuzcs i0rf.ln slal e toilo'+tmd rcesary ex- of aa altca[loas:rnd prapt�a:a u::Cer the
both short-nrd chit{•tern ai;
guide the applicant's ConnunnitY Level- II) Salaries. wagss and related costs Section 8 ions a C assistance payments pDuxnt tern-:hint of the acnll:-ct's s 0tt and Me stall of program 2'uruant to Yi Ci^.1 Parts 580-
l4)Belated;iarranp acur.:lrs 1nc!ud- toed pub:IJ agencies engaged In carrying 883:and
Lou the prepata:an of cormiiun:t)'wale out tiro:ruaam; Uri fees associated NUh processing of
Plans for land me,hou:.t:C,open spare, trig Travel ecxs Incurred for c elal applications I ions for aced WIee and insured
crtati a, att1:::Ira, fi:.::C:a crew va- business to carrying out the prvb
lion. atn; lON7 commitments l:+:dC: ^:og rams :ra-
ti tteue:n:e development, cc:cnuc•r' (III)A:nua_;t:ntivc sen9Ces Pe rfoaaed ceding those ad nil^P•Lrrcd by li�il,
hood PrescrvaL'ori, and tn•:::Ur:rtcntai under third-party cen L-act; or ag:c canners ices.^.^Adr.::r.utr::::Jr.t:fin:i4) .
•
assersmmt: •
mer.ts, •
Including suet scrrlces as t:cn- and tie Gorrr..a:en:Vuwna{Jiurtsace
l5)ie Coi2in lion of dcici2cd data,prepe- oral legal se rates. accounting segues Assoc:anon trio.I3).
•
rpt10U Of Nttdysia.ci;a:::eet K and cc•- and audit services;and the new eons:ruuen or direct:Inane-
of facilities e!1�:9:c tut nth bit:co (iv)Other con In:seeds and se rvi[e3 fur,of new construction of co1.toe Is not'which can be cc[st:arctee with b:xic rcgutocd for adail::c::rs::an of the Pro- efs::bie for as's[aace ut:tier uts Part.
rant funds: and gram.lrclUa.'0 soul:t o:.ds a:d]cr':cgs i8) Cortscltan: cc::n::as. :iPpacaaL:
(p) Dl iS 5 tcnf of codes,ordinances 10' as rental and ttaInten trace of o:::ce may employ cotsuitant.s to P:a'..de p:o-
and rMutat:au, nect:::ary for the its:- space.insurance,uplltles,ts::;ce supplies fcchnai assistance inp:o•;:am pia:el:tIr;,plev:enta::Jn of ire and rental or purcha-a of o"ice equip- application pre^.:_a•:•:::and execution of
(b)Dcrdnpme nl of/a rMicV-Clann:rag- inert activates.p:r:;=ni C:
gustmanagement c:Faa:y so that the appii-
(3) The prorislen of information and. ({1 The regrow^eta of this Part.
tant may: o!h er resources to res:.'.enU and a::=':Ca rbcC Ie..-fed"til Crate at:d tonal la•.�'s are .,
(]) Set 2c step_:rnd:•Aort•term oD- orr.nn!zauons Pnr:utr•rtL:r m t2:e plan- 3' •`' .
•7ectia'fs related to the community duvet" nit:,;. 1^:p:c:aaa;.t._.,, m:niter:n'$, tr teeth•tT.,cd re shalt be awn::cn acrec-
o1 meht pad itettsln4.^.ens of :.-5!lass- cm:ILt:on of actlea:rs hen::;c:::r:ed out
dleuon: with block grant fu01:7.1'•is-•°Y Include meat between the par::es sclrch ceaaia
•
(^) Devise programs and activates W assistance to nch;hhurhoa't era^=a Nons rc.tflti')taCemrcn-anon rr ss=r;cuss ncal-rj.f.,and tby any
fleet thcsr,seals and cb;ecCtist cn-}areas
c t or-a ti t-.t :y ctivith.s or to cm:cuctmK consultant stag only:e r.:acC:or:
•
(3) 1sdnt:uric an urban cuvironc:cutal IA) '^e reasonable [c;ts of personal
•
design ad,W tC titove cai:acity: .training or other activities&smiled to
(4)rsalumt tl:t progress of sliest Pro• lomease the capanilitS of tow-and mod- services, which shall to etas fed on :In
• ;erscn cars exceed
gratin and ni:tsi4cs „a.: stir extent :o eta:.-income far:or.:;to be involved et- hourly Ue;ta per Gerson and Nn:ca>hr.2!
which the KoniS:and oblcct:ves have oven fcctieeiy In the developmentact p:rtntPl><o- ilthe l rsasv::u t dolly o case on a •rats e'wmpeT-se;1Ja
0.[comPl:]hrd; and nl;ts of 1 community e••'
15) Cant out Me management. co- grant consistent with the apnne5Ule cal- for as Gd-IS :: establtahed by i�eceral
• ordinal:On slid:amvtas:❑e ci Lite aGiv;_ :.Cn;n:pc:Patsou revatuctaenu set forth law;1 I casonablr cats for overhead and
tics and programs t::.It..ro s part of t::e tit U:!a Part. trace{ lessents inch.:chi.
•
0.PPlicnnis t:at3t ra uaAy Development (31 Provision of housing counseling a program. services and other activities tics:^.red to lel Eec:roam.•ntat Strolls.Tic:ea-
e cests at
(e) comprehensive planning acetyl- fu318.07(ther e)tle fair
nndattitehl:otSinK eo;atr f'dtcct'ary to an.plY w'::a'-i�,?3Pan33
per.In nddritvn to t:,Pluming at::':::•c i a)Ii cci,:;c u! tt:clad:n protect sPet::a rnd:rru:raatal
ollnerec11 rL6::a,e '. n::.c.a.tnec ur.dce hoc d ;.rc:noanF greater
this section,.a]i.L,sni t::l`may b•`a!SU 1)i-- dLC•ing C Jr lOI1 L:Ol l!Jt 16,es of.a:ja aibtfll j.=r�Ji:S In e1L•tb etfo a�Lstt::car t:[:der•L`tsri'.;:Laa
vldrd(Or icIt fYncn'ilc,...'.na.::,-;
arc:u containing a high proportion of $570.7U6 L ch:nide activities•
ties e1: 1 r Ice s_satar.re one er the set- 111e following list of exact Pies of tnrI!-
puh an r):4 C1-' a'iotmfi. P[ halm-a:n iuwat•
)'r ms:on assIst.inee to
ppoplar cities
as a :`a:tuit In:o,!i[ ,.,I`t',r:neacrih,lncita0nceesiaryf for eons Cihleactivl::es is merely•.::olra:tle.and
and
cities do::end ::n l IA Caen no:ern-Allute a i:]t df 411',aril::ble
and urban n:r.:nfa.FrJa,'•'d th.it wch tractors car:'Y)r.6 out activities assisted activities:additional aorropri nit:v1L'te sure nag- a•11Slblock imsoncble•m fminnslrc nru colts
la) ies: works.1nr:Bsir and stlCnr
needsessatt' or oi' 'JP t:atd 4t mecum:rile a:a 0:):[r improvements.The,:ft:emit rule Is
said db:est:opt of tile '0ri'-its' (,,aqs i to the prnru[an of 1110 i10ahon that pub::t tvotks,lac.11)1s and site or
rip Id) Ad tt' Live:it e^rat i irayme Arno under sr otr❑ J1^of tit ltousulg other improvements .ire Li. i),lh;e to he
Id) ttt,le urn;r.r C'J:U.Payment of Act of 19d1.at°inn a�,n;nf.AeusnnaD:e acquired.torsi:letin,r.'o,s ecru:tea:.re-reasonable ad:ntul.ttzure c1,ts and ry.Pro„:r vi habilitated or Im:hied ,sass:; iIt'Y arc
Carrying charces He in:ill to the planning r•.•ts of mai:mo n Properties acVlllred eligible hursuata to 1.i:J JJt•t• or
and rICrnurtt of cumiannlLY .:rcrh,ti- with block cr:mt sutIda. 1570._03ib1, or were pn•51)f a• ,•Ir:a:e
meat ailM1U.'a 1Lr.u:,-rd,in'al:.•Ir or In i;l ,{c:Iu lies to hiclifr.ti the under any of the(Rauaa:::iun_•ulld.tt••d
bailie-
part.with tunas Pied.red un.:rr::Ira Part me Matta o/o homing ing utsi.fance plan hY er� Mt i emetic ore ms tL't ones::xs
and nnw.urq ariators:aimed:n L'a'3n. for necessary expenses, prior to eon- loan;eeg rani.pit:limn..fits.pr.,ruts.
sirens N. ut Pi:u:n:uC.tl:d Jbtalal[1{ :1- and as art urban ni rtt tl toes)gr int-in-
the01c program.
ttl. %t rig d. c.t.aare i'tan mincing for the new construction or sub-
pr.Casts Inrurtt4 tit teed of out mil eligible under section 1:0,:11•31 of
rho proxssIn on a whca:;rr Thai grJ !o t"'' st;basis. .ntinl rehabilitation of housing for Honshu:Act of 1343, and cited in:S7J.1
Must
be i on a forfct or an b,,he i nitre. lower-Inco...e parson&Activities mop in- (hi. Where aa:nufltdan of teal Pr,1rr1 ty
musts+a in fottcr si Nhili with the:c,pr ire' Includes an ettlsung{utpruvenrrnt which
Merits of 1'cdcntl 5fau.ai;cunrut Clavfar [lode: l'3 '• •--•
•
i4Ir l PROPOSED RULES
Ls to be utilized In the provision of an In- paragraph•a neighborhood facility.sea- (2) Payment of salaries for staff.util-
eligible public facility.the pen:on of the for center. center for the handicanced. ity Coats and similar expenses neces-
acouhttl0.203 sary for the
provincest.as attrioutasle to such Ina- r facility eligible
Metcrs of asy - ,b) which provide a eral the �to 3 health serv- and facilit es:n dralton of.Duohe works
habtutaUon or conversion undertaken to Ices is not coasdcred to be a medical slo3)n of any Dertses associated srvt itch Pso t-
admit or make the property suitable for !amid.,
ot
such use.shall be Inchoate.Es:unrlea of Ili) Treatment works for sewage or eligible for...once pursuant to 1370.-
Mantles winch cannot ee prOrldeti with indurtrsai wastes of a liquid nature. In- 201(e).
these tunas McCune the followne: clueing actual treatment facilities. in- (d)General government erienser.F_x-
(1) Buildings and face:lies for the tercettor sewers and out:ali sewera.The pesaes renewed to carry out the regular
general cotconcluicr at carecorcrnmtrit.soon as term-interceptor sewers"applies W the local Lsibilities of the F government are rUt1t-e lnttblert t
City halls and other headquarters of followtnc:
loverttmett where the coworn:n7 body U) In those situauons where raw or ansidle3 Include ail ordinary general
Of the recipient meets retularlY and inadequately treated sewage t:bring die- government expenditures not related to
which are predominantly used for mu- charged from an existing pudic sewer, the Community Development Preifram
nlcipal purpose,courthomca.police sta- those lines which arc neeessarr to pre- and not related to activities eUgtble tut-
llom and other municipal oI e.build-
vent or waterway eliminate
or Inadequately the treated rge Una any dor thin(e)LLPoliticatactivities.No expenditure
Ines: Dint or points tti y be made for the the of c:.u:air:a
(2) Facilities used for ezhihltions, of dIseago from an exLnring; or vreostrs for Ixh::ae!pert^:•es,shun •
-
JPccfator events and cuL'trct ;raring+cs, of dlscasr F.c fa a Pub11c system arc not
Including a glad: a,s;:ort :venae.:ma;_ eligible. 'I sid Includes any necessaryrnr necessary gir i
rt or tddet r;r..aat::ateti mint-
• tritium,concert :naus,cultural and art puinpu:i:stators.force mains or other log,cogaging 1n voter re'nstrallon acts:•-
. Center,consenilo❑ centers And ex::ibl- Appurtenances ti ocher_etoar nerds,the fine or sty or political t activities.ion Or otter
tfon halh, ma•,eunu, central libraries,
and similar facilities. For the poi:nae lines wich divert the.^.av (D New hnaslnV culst.^.tenon.Assse-
to tine treat- sore roar not be used for the-'o^li:u-
of this paragraph. Ubra:lcs (inch:dirt men'. thc:llty fro::: the point of natural
central lIhml:es In units of general tonal d_^.char:e of a collection system.were no t,on of ne:v permanent r^s:dracai
loveruncnt urdcr 10,000 copulation treatment to be proetdco,tnetddin0 any stradures or faeti tses isuel lei de^^.i-
where the criteria sex form In 1570-201 necessary pumping stations.force mains tortes,group hoses and halfway houses,.
• (c)(4)(US arc `ate::Sid)• cultural. art or other appurtenances tire not eil,:bte. or:or,,,,,,mcrat:ttosubsitlocorlIroa::W
and mw:crL t or nei widget d fta the
Ib> Psrchasc of romPirtant.The pun- such new construction,except us p:ovni-
requirements tor r.elehFaa:nod facto- chase of equipment with black ;rant cd ender the list resort horssr tlrow-
ties set forts in i 570.20 V.c>(,) are con- funds Is generally it'cllclbie.
Mons set forth In 24 CFI,.Part 43.For the
stdered rc!;hhoncced t::c:!iCea and are ill Cons1eiiCtion rguipmcnt.The per- purpose of this p ara:.oph, act.v:^es in •
therefore e::i:�:e for a• ...ta rice. chase of construction equipment is In- support of the decr'.opnnrr: of I,- or
(3) School and c,iscat:naat/artistic, eltrlb:e,but coinpnm-atol for the the of moeerota.L000trle nous:n,in,cccorosnce
sincluding clun:•nta;r, vcnacar„ col- slier equipment th:ev,a Ic:IOIO;,dcprc- with an aapwcii ii000tO As:O:u;ca
tee,and toil';drr Ito .ac:lit:.•si. For the elation or use aIlosen'._, f'urniant to Flan inchtnng clearar., site ar,om-
purpose of tie,poracralh: Attachment 13 of OMB Circa!nr A-t02 hla^^_.provision of site and provrion of
(U A new::bn:hoed facility. senior for an otherwise rii,::tile activity Is gin petliie improve:neiho anti ten run hous-
Center or center for the h:ui::!capped in elf^.able Use of blocs eraitt funds.All Cc- rot precor_atruct:on cat, Oct toms in
which claLsea la Practical son vocational ceptilut us the purchase of consructton t 570.203idi t7), are not toss edance :e'n
activities(SllC:11'4:i:7C:ild.Ittir:rn:a.:Ilt C. 1'glll;ur.'flC which s part
of a:;ol d11C id waste
for 7C50.CCS:111 toco o,utst ihta.�
Crafts, Independent Iloin etc.) are dt,;nr.cti thong:. (gl Income payments. The general among the sc;cucl provided or a facility Mock Grant,nsut: anec pursuant3 to aIO.
eligible pursuant CO 57 O.Ce>-dull is not :Ultcl(3),
rule is that assistance snail not be used
comIdcred as a school or educauunat (2)FuraHhincs and personal proprrtV• for income paymer,for::o•.smc or An
facility: The purchase:of equipment.::ztt:res.or other purpose.E..tmplcc of:aeaCu:ae in-
(Ill Any facility elleible.for assistance furr.Isbina or ether personallty not as conic paymcuts In.:iude the la.ios is '
pursuant to 1:,10.201ic), width is its- inteernl structural iature Is nr!t,tIile. pnsments for lacacle mahiutenance,
signed pcm0ti17 for a ;midi: purpose except when ticce555 ry:or list by rt 'musrnortl;;3'C sub allowance,
down pa'mCntS acd
other than c:acal:on Is not ern=.lowed cipient or its sob;r:att•rs n the admit:- ill., Poo:arnt S. essrssn:cats. A'hEo
to be a school or educational tncalt^ ist:atlon of its(:mm:lun;(y Development v.ll) Pa onme, tooe used 50ieireq::7 to pro-
where,althouttt it is to Le located On a Prosr:ttn pursuant to i 570.205(d).
site controlled by a'churl :ntrlet.s:hool It, O;I-Cr;7:7 and eicinfenenee ex- vide eligible public Unproven:et:u, ancb
hoard Or.s:nular Lot, ;c•n;r;s:otr fx •air:.The^.wnc::il rule tt that a::y cx• as streets.s':raga: and n::!a:a.'xh:ca
Public rsluca l:or.. 3ile Sheds: oral 01111' iirilse ar:nciated with operdt.-- teain- an applicant mimic norm:h'' prowt::r
be Used Ii)' paw.l o s :toot or cdu- soor'tn:or repairs,public(a.ti.:_3 and th.roilOIt x;.eclal ecsrss^:eta of hew.... •
eatlotal brill', co anut ::l r.Calm :rasa, work: or any esi'erthe associated with thug properties, lands:nay.,.'[ tie .t.ei1
In order to del.•^lan ri
e ', mer ti:e ,3',
m pr rune routine puohc services is in- to pay.irectal asse,:nenis levied adchl0,- •
t:
eluty Is to be .nit on at:r•CdcntaI:,a s:s el'. - .e :or:usistance.However,operat- parcels of root) estate in bv'::l: of site
the oppllcatut shall al a n:bi:moat demon- kr:..rd maintoranee espenaes associated prot:ertt owners. III ror,:e ea,.:. ap'it•
Sltat :
will tueovit11:1C{71:d:1r same,'or interim callus may provide C11.::U:C lrl:ill:.: ill-
(A)) After school holies and gin week- as:r.tance otherwre clioble for assist- prowemenu throuth t>Js:vent of a ror-
•
Usesutheaci r"Itt'itrf loathe same ex3liu ie•thr once um,te co,3",,may
rubiin,:emiCc'be- pro'non oftd the
andcast
thetil bah'tore grant
be'ngIp'o-
Use by
extent its similar facilities o;vratu:e !n,; eel rated with block grant hinds
if.cldd'¢ 1•c u•nit:6^,sperial
�:�'ut to nts t iIlal
c•Ibit) die wg 'scuis'I 'toil,:!coon: and a r.iu I)ternnrd 'S.sso• may
(I1) Dunne ,C,IMl Iv,un.. the fatally reason:ado ripens,.u,soeutted with eD- taw. However, in th,e Ins.1.4.,c.t•re
Is not used tar synod put 7oSc5 Ion IIIO50 erat ii1-,the',units service within the fa- the rest or :•rrtlon nt t:..,:+>t of ptlb-
rltilY• o cliu tmg rush u( teat. saddles is, I:nptvcn runi,c were P:nvnlyd nun
than four boon each day. nlQr.em luniu,an appLIc.iOt .0 0..n no
Nl Airports. si:5tra 7+. Unitry flirt. and Ins Ultrna rca p any .•::e,:nal r.-.,•as• •
•
bus or nthrr tra•tilt •o:U, ur s;.t- };samples of acin•Iics which air lint In'a.ultc later levy unof
Cn es Ueels stud bye gilt:ail I°a:da.
terns,and other inn ;onto Una licit!ties. ehcim:r for block trait .Isstst,lare are: blunts w.:ach shall urloup.lay:'':":
texcluto i rOroad sr a ilities t ;'sir- sib Jtamtenance 111 rover andstsewer lU industrial par'df''.1(T•elrnf.T.:o
want In t 5;0=0lici or facilities toil lbte fat its, pi neigh ride.
tinder 1 570'.0711'>i, facilities,ur,,:hbnrhuud fauht.'1s. sentuc genet al rule It that.nulwi;hai.u:dill:,UIC
CS)lies pt/alft,nurses.homes an)other centers, renters for the ttandh'.11:pc5, other ina lfarll Ofe this ill part.
grant
:`
lnediref faclfldln•You(tie periavie of((sit pasrh�iit And slimier public facilities: 4
•
•
•
PROPOSED RULES 36465 •
•
•
at parks Is Ineligible unless the ape t3) Requlretnenfsn nottlylnR State its)Nanning and implementing mutt!-..
li
enti
:t con demonstrate to the sa:u.rae- and ar•Cuwide clearinghouses of the ap- year protects.
the P ender canoe can oe yeon
•
al the Srcteury that :hero Is !a vllcaot s ::Scant w apply ' r Federal Ryan
et available tar such ne:'em:uncut. al.:sewce.on submitting ice application timely.annual Unauc:al az:a:stance a;tn
•
r.1IIY.the applicant Would•Clot oca LtciuC acts a c for learinghouse
rcicaling.out II poient. and on a r degree s.lb1C for the atnncantThu
to plan
• ]hot hasmultiyear
public or private courts for the :evlews,as drscnbcd m l 570.310• ereolcnt: prefects
entuleuti be nit ncedfatna l be-
fsuch Industrial parr dcvCtJpment. J„0.301 ...nom,'eon.ideratiun.. corning available in succc the program
{a) Cornprehersive netplioorhood re- years.An applicant may,therefore.pro-
Subpoit0—EntitlementGrants w en- ,•t-1:n funds !n an apDitcaaoa tar cite
r•300 O,lJine of application re- vitalization..g11 It s HUD W+:cY
quircmenu. courage the use of block grant MILLS paymentf part of-thero costided othe such
full
to a concentrated manner in ordererto multiyearproject. p
Is section briefly nutttncs the re- produce.:ri.nta:iuil ions;-tcnn i:liprove- scope turd estimated cost'of the total
•menu wlltch must h,.' met by U:e meats:n the cenutlunrtY.T::e applicant projects arc ocvcr:bcd In the it:s;apptl •
-
•Cant when::;'t:i:'17.:or a:7 fnL':1C- It<�_cifneedy encouraged to carry Out a e on el which entitlement Ii.a are
t grant and n:c:eaea otarr sCeuL13 s r.aiegy for cuhrencslve ite:git o:hoed allocated for the prrlect.TOP:does trot
dnhlg more irta::cd information on •rev:talniauon-winch ConCel:lratea sun:- preclune use of subs0lue t Seto'enlit:e-
i lMQU1ltaCtlti' C:CIII re::neva tO stab1L'ao iUld upOratt meet funds to complete a protect amicn
t Montag ably rcV�lrement$. Require- risidcati tl arena aliected by Inient and R'aa CCiliSted vs a.smelr Year DrOteet and
La that the and:::=t mint]:�cent is de:er:mi.:ucu. A ccnlpre1•cusive Ittnnh- vitole scat exceeds huttal estimates.
Oust' 11$ community development Go:hc..l revllabtatw1 progriun Is defined t:1 The environmental assessment of
rant are eovrod la the following Mote which: a multiyear protect,perlorred under 94
.O1S III Focuses wa a slum or blighted arca CFR fart 5e,should enc0hh1t's the ea-
r Section lcratO1 describes BeuCrnl which:a designated by the snmitear.i fcr tire :nun:Year scope of aeavlUcs, Upon
Nile eonstd Cratlau: con:nitrated treatment;such area snail er:u:::aUon that the applicant l:a ee:n-
I Section S7 the de Coact Lie re- acted the ens-it- utne:dor reOUFe:I"1I:s
+ -se and condblom, i
anent that far program
:lis come bo si man:rg.ainc HUD may e
dry deselM`:+;rat prVgrInn must ::e physical hone! ot:.erx7:c, so tine! block for a multiyear(L project. )•t'ee
1frant and other resources to be coon- is re:c:se of corals for the entire m'ii::
mod and C:•rCa:cut.tic:>s to.^•:::- year prol,'Ct.Suva relCIt c of funds Inman
the!dent:lied physical ticvriup•nr:nt and be scbfeaa to the yrbvuiCrs of Para-Ur to I coe:aifit-rums antra:;v+-and ,..C.mined to lit.e area eau sun elopm b•meet a is t3) etoA 14) of t::'�s::bseCt:on.
!crate-Income:aim t w1Lun a truce- w dvc- g:.n:
it °CCI.IVn 57D.::J3 dr.c-;es the :e- housing r.c•_us !3) Approval of crash increment of a
'cment ttra the a see:::a ::ace: Year period: iU )multiyear prp)eet Is suit eel to L'a rcn-
laze and i :pier.:ca:a;.::::ea tl::.xn 7s ea r Cd out in acai:dared with real availablbtT at cata:C nc::t !d:Ca,
ttChmuon P;.ta, part of 0r,::n Pro- a local plan which provides for a adequate performance.anti Cie subr.:e-
•
'n lOr Clt::.CIt lilrJil'C'n1Cl.0 u! ::le coordinated plc?:am Of physical ....ii• Sir Of an l['_ep:r.h:C apt tcaLI011 ill each •
nNnR prtxess. opment activities.necessary public f=C1.1•h) Tr a:^..+cl s:.ar:isridn rc'l::ire• ties and services. private'investments. Year us winch CI:UL_al C:iC funds are :0th
Its. e a7>•�:1.d toward 3a0 that of ;:a:act
Erer)• hil year,br.:i ni:a with- and citizen seil-aei:.`•Cmeit.es: and b be::.In those ward ce::where.the avPl:-
Oral application sttb;iltt.:;oh cr:U• 131 CCorc:antes th'e efforts oat public. e:t';t exhaust,* previously approved en-
April I.1J:9,:tic p;:C:u/t meat and private agencies and neighborhood tit::nt t fmr I b�•u,:e t:C nest .1 cc1.
:an aPP1leaticn ee:tttat:ng lit t:.c Sane ores I soot a."heap 1:u:n:;er al:der:wlnn- analt t1 approved.U:e app::e.:nt:aaY Po-
•tuS: :Ion of notivtt'I s wn.ai will ,ualify a lies and sncnti local fures CO ccatt-tur
t) Standard Foam 4a. i'�dCrak As- .ue;:r in as cvi reite Peeve will de::en d Ut work and be:CLlbu^ed w1Ut fu ids
'ante,DrC crud by OMBC:cu:nr:go. on the condition •and rciats of the arca. ar^testy] for the neat a:cre:x at. aro-
102' 11samples •
of comprehensive Itete•h0Jr- video mtC tocatlY fu:alcu'^Vr1: was ua-
..) Community Dtcclopment Plan as hold!Tynan:.mole 1'roaran•.a i:n9iva: n dcrtuacn in eouu:lhuece with the reQlurC-
:crllxd In)570 304: re'htentl:tI CCI:.tI It.lUon pros:not ivr.Ieil ment.a of Ulfa fart.
13) A7:foil CC""Ptrilt; Developmentrr,lt^••.rs loans ai:[1 gr-.mils to Proper:y t�) The continual authority of an aP-
••1Rrnm to tIe-Ct,r t in S a.n,I0S: otcne5 I'''' a dt;ienaled arca In wt:tth pb,rant to corr:mlt Title : hales to a.
)!Shamingeh:: mce Plan as de- street Improvements. Pl.,YA rounds. nod ❑:t1ItIyear project and to he reimbursed
tItlts e!!In I 3151 33): and pliable services are also bring Prncr:aid: for Casts of ills❑ Pt.,tce t,alter cbmNe-
•5I Certl^catlnlu .asdescribedIll and a redevelopment program vVIl)eh in- Clan of envirol menutl rNinrement had
,70.331. dudes sr:,tematIC deg:o:iti n of sifts- it LID n•!n!:•c of )!Ida :.luu,1 wbtecI
•
tc) AnVIIII eJbmurf on in a tt.ree sr,rrd.inl s::ew:es and cnib:age of In II cuuunu d va:7Ce ld CeUl-
,r a aril of the other years m to :.:roc •, for now crust:acttim Inn p:art.C:tl:ir :,Retches,of the environmental as::ns-
nr)x•rirxl t iC .i:'9'I iii st tuC••IIe n:a•a la conlu:1 I Jn av to c::e L^.!Prove- ::v..•..t:x riorrir I In the event of.vny.••a-
a npptieat!on cormstlug e! the Icdew- mruts and:actih:es accessary to attract n::iLaat or Inc bs Lvllial:::ao;:0 r.:-I,.':lit'
gt )few devei.gnn,•It. tune.raa.;alu:de or extent of the protect. .
to Standard Font 4a: kltlio,t;lt a comprehensive neighbor- or Any s:;nldcant it sih:cLl::::.lt e:1.1:1,e-
!M) Anus fl Cellinun::y f\.e'.n::icelit hued rot:t_d::-]tiro area must a•n•Udel1• in tau env:toataent infeCtia{Li Devi feet.
!Mifflin as dcxab,d in I J:3.JJ5: tfal.It may u:ci:a1r neighborhood cool- the appiifant Ln Vil.p-.)r to env tU1:ther
13) Annual 1tOl:s:(lf :tcltcn P:rg rant lice rrLtl facilities•a:11011.ire necessary to com::nt:nefll Of TICe)I t ntls 1ls of"e4tt,h.-
I described In t 530.3esflit 45): and mauualu the vraSlthy 01 It)e Smes 1n rCI.corlpktr the mp
! order for a program to qualify as a tutu• Part:.0 relit:nO ta.:he updating of Cu-
N Certifications oa described bl t
570.307, pmhrn•.ri-C nob::•d:o;aoml n•c;tauauon viyormenwt c{rare:era. .
td1 Other nri•i¢uflun rrQ:+err:nr nf'. pns:::an, tar a.Jrltte:; which an applt- 151 Tor appitMin may alsoohe Comm- '
11U npPlifant.rau.t.”so 00100ly•illII Ole tilt irf'uJcl m,lira pn•;run Alt:rh:d• Nu^ed{Or con r,t 411e11tTC,f IO Con:pie:C SC-
dlowing rrolurmel is ,Ifrn ap.^III, ICg ac tiv l::r, to I h:i:,:nf and 1atp:e- Uv'III;s Prey wu:.b•.q,1•ruv etl.utd.tvt>`d
tr on ellilt:r tiltnt nstil: ittfntc,i Ili Intro tWIll r11e,ti 11017 5 raft to:Jet Inc urban tencw',t p14:rant.
II) Itrgtlire:heat.s as❑e liming Of ail, Shah:LI;t auto d.amt iict•tned by the sit- wafer.and: n rrr(7elllt:a.1 11 C Ili.the
•lleatt011s n.t art!MtnIli i:,:0 3Jg: :ill:.ult fn uC n t,rol.vo,as lNptcd�III 2 t l„iimborntxld facilities program,or Lae
t3) If rnenI 110' un :o1l4:Ytn:: the s{.
Crlf• 151.I. '1•he eitvrtnt metn.il Ir11eIV open space land inv.:rant. dc:x illicit lit
VZ fur:!Vn>ircI:.huuh)Lear.into.I Oltilt f 5;031bt ill,f3).N1 .lib)lOt :r�d'rC-
sttblle that Uie a ay.ula).nl luu biers sou UIn rCIti.lanthlt between C"1"1"m;ht tiv IY with finds nem:rammed In the an-
mittnl and la av•ult. v bf Wei
itheft In
Otis Ito s• and Ulo tJ::ililtrtivo cnvlron- ph)a:al:on for block grout Mull to corer
Same noun rnptot u desdubc.f in mtntal effect'of actfvltica. ' those coats:
!610.30p;and -
tik)
MEMORANDUM •
TO: . Mayor and City Council
THRU: Roger K. Ulstad, City Manager
l
FROM: Sandy Wens, Acting Director c arlit Y Services
DATE: December 30, 1977
SUBJECT: 1978 Community Development Block Grant
At its December 5, 1977 meeting the Parks, Recreation and Natural Resources
Commission made the following recommendations for use of the 1978 Community
Development Block Grant Funds. The recommendations are listed in order of
rT
preference.
1. Continuation of Development of Preserve School Park Site.
2. Construction of Edenvale Park Site.
3. Acquisition of land and construction of Valley View Trail to Round
Lake, with potential under or overpass across County Road 4.
4. Funding of Tennis Courts at Prairie View School Park (if this is an
eligible project).
•
4�
TD: Mayor Penzel and members of Eden Prairie City Council
FRDM: Duane Pidcock, chairman, Human Rights Commission
SUBJECT: Community Development Block Grant Program hearing on January 3, 1978
DATE: December 3D, 1977
•
The Human Rights Commission has identified several types of service for
possible funding with Community Development Block Grant money. The Commission
is not requesting that any of these projects be included in the 1978 program, but
that proposals be developed during the year for serious consideration for inclusion
in the city's 1979 program.
These areas of human services that would directly benefit low and moderate
income, elderly or handicapped people in Eden Prairie are child care facilities
and programs at Briarhill and Windslope, occasional day care for elderly in
their homes, and summer recreational programs for residents of the Muriel e'
Humphrey Homes.
A morning preschool program for 18 youngsters is now underway at Briarhill,
but has a waiting list and could be expanded to include an afternoon program.
Daycare facilities (all day)are available at Immanuel Lutheran Church. There
are kids from Briarhill and The Preserve enrolled in both programs. This is an
area of human service that should be explored to see what the need is in in Eden
Prairie for low and moderate income families especially, and then see what the
city's role might be in helping fill the identified need.
Elderly people who live with their children may be in need of occasional day care
in their homes. Often elderly people should not be left alone, for their own
safety, and this can be very restrictive for their families. Needs assessment
and agency for the service would be part of the study during 1978.
Summer recreational programs for residents of the Muriel Humphrey Homes may
be a need that could be met cooperatively with the City. There are programs
during the school year, as well as school attendance and activities, but there
was concern that there might not be activities specifically designed for those :; .
residents during the summer. This could be determined during 1978.
•
Yk
•
qA
-3- Human Rights Commission Minutes, December 20, 1977
•The Commission was unsure how far to go with the housing report that
was presented at the December 20, 1977 meeting. Questions raised:
How was the report presented to the Council, to the Chamber of Commerce,
to the community? The Commission felt it should be discussed. Johnson
was asked to find out what the City Council did with the report.
C. Possible channe in name of Commission. Laidlaw moved, Simchuck
seconded that a recommendation be sent to the Council requesting
• an amendment to the ordinance establishing the Human Rights Commission
that designates the group as "Human Rights and Services Commission".
Motion carried unanimously. The purpose of the amendment is to
•
recognize the broader scope of concerns and issues addressed by the
•
Commission.
D. ommunity Development Block Grant proposal.
2;: -- .
The Commission discussed the staff recommendation that three proposals
for funding be made for 1979, rather than 1978: child care facilities
and programs, daycare for elderly, and recreational summer programs for
residents of Muriel Humphrey Homes. This will give the opportunity for
more detailed and specific requests to be developed during 1977.
Maenke moved, Laidlaw seconded that a letter be sent to the Council
•
that identifies conmtunity needs for future funding, with more specific
proposals being made in January, 1979, and that Chairman Pidcock pe-
sent the letter at the Council's public hearing on January 3. Carr
E. Plemo to City Attorney .
Johnson will contact the acting attorney, Ross Thorfinnson, to be sure
he will draw up an amendment to the Community Based Services Board
ordinance as requested previously by the Commission. The title of the
ordinance establishing the Board should designate the Board by name.
F. City Hall addition.
Questions were asked about the addition: how does a handicapped
person get from one floor to the next? Is there an architectural
barriers committee in Eden Prairie? Johnson rill get a report from
Building Inspector Wally Johnson with full details for the next meeting.
VIII. New Business
A. Annual Report to Council. The ordinance establishing the Commission
specifically requires an annual report to the City Council. Pidcock
suggested that it be prepared for presentation to the Council at a meeting
toward the end of February, when members' terms expire. It should include
goals, accomplishments, and a sut>unary of activities. It was suggested ;-.
that annual reports from all boards and commissions be presented at the
same meeting so that all groups had a total picture of what is going on.
Johnson was asked to send a memo to the City Council outlining the
suggestion for a joint meeting.
B. The new brochure issued by the Chamber of Conmerce was received. :
C. The date for the next meeting of the Community-Based Services Board
was changed to the regular date, January 19. iG A
11 STATE OF MINNESOTA
n � ENVIRONMENTAL QUALITY BOARD
•
CAPITOL SQUARE BUILDING
550 CEDAR STREET
ST. PAUL, 55101 Phone: 296 8254
December 6, 1977
Chris Enger, City Planner
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
RE: Crosstown Industrial Park
Dear Mr. Enger: •
This letter acknowledges receipt of the environmental assessment worksheet ,'
(EAW) on the above project. Notice of the EAW's conclusions that no environ- ',%:
mental impact statement (EIS) is needed was published in the EQB Monitor on
December 5, 1977.
Publication in the EQB Monitor commences the 30 day review period for the `,,,,,,
decision. You will be notified if any challenges to the decision are filed
and EQB action is necessary. You will also be notified if no objections are _,
filed during the review period. : {
Please note that no final actions to approve or commence the project should
be taken until 30 days after publication of a Negative Declaration (a
decision that no EIS is needed) or, if an EIS Completion Notice (a decision
that an EIS is needed) is published, until after the EIS is completed. This
is in accord with the Minnesota Environmental Policy Act (MEPA) (Minn. , o
Stat. § 116D) and the Environmental Review Program Rules (Minn. Reg. MEQC 31). .;'
Sincerely,
:ti.
Charles R. Kenow, Coordinator
Environmental Review Program
CRK/dh
cc: Aileen Kulak, Manager, Nine Mile Creek Watershed District
Frank Cardarelle, Eden Prairie
R. Anderson, Minneapolis j,
John Boland, Metropolitan Council ,':
11
AN EQUAL OPPORTUNITY EMPLOYER
0 In
• •
•
MINUTES
EDEN PRAIRIE PLANNING COMMISSION
approved
Monday, November 14, 1977 7:30 PM City Hall
COMMISSION PRESENT: Chairman Sundstrom, Redpath rMcCulloch, Lynch, Bearman -;
COMMISSION ABSENT: Schee, Retterath
STAFF PRESENT: Chris Enger, Jean Johnson •
IV. REPORTS AND RECOMMENDATIONS
A. Crosstown Park, by Richard Anderson. Request to rezone from Rural to
I-2 Park and preliminary plat 28 acres into 6 lots. The site is located
south of US 169/212/Co.Rd. 1B interchange. Consideration of Joint EAW
(Crosstown Industrial Park by Cardarelle and Crosstown Park by Anderson).
A continued public hearing.
• Mr. Bill Jacobson, representing Mr. Anderson, presented the project stating the
building locations are expected to remain as depicted except for lot 1 where
one 40,00D square foot building may he built instead of two 20,000 square
foot buildings. He stated three office buildings are proposed around the
pond area,(lots 2,3,4,), and they will attempt to retain as many trees as
possible and minimize grading. '''q!
Sundstrom inquired if the platting of lot 7 into two sections creates any pro- • ;
blems. The planner replied the plats of Cardarelle and Anderson overlap, and
the Council did not act on the zoning of the overlapping areas during the- i •
•V
•
•
•
•
y?
approved
Planning Commission Minutes -2- November 14, 1977
public hearing on the Cardarelle rezoning request, but will be considering
those areas when Anderson's rezoning request is heard.
Bearman inquired if the traffic projections in the EAW were based upon the
Anderson project or the combined projects of Anderson and Cardarelle. The
planner replied the traffic estimates are based on the two projects, and if
the property were built to Zoning Ordinance capacity, the traffic volumes could
double. He stated he has concerns on the zoning of the office sites around
the pond to 1-2 Park which will allow warehouse/office uses instead of
"pure" office.
The planner then informed the Commission the Watershed District has requested
further information on the storm water from the proponents and the City
Engineering Department has not yet had the opportunity to write a report, but
has communicated some of their concerns to the Planning Department.
Jacobson felt drainage from the project would go along Crosstown Circle,
under Flying Cloud Drive and then into the City. storm water system. He stated
they would be working with the Engineering Department and Watershed District.
Lynch expressed concern that the proponents had not submitted detailed water
drainage plan to the staff for review as water flow could impact the existing
businesses across Flying Cloud Drive.
The planner stated the Planning Department is recommending approval of the zoning
and platting requests contingent upon the approval of the Engineering Department
and Watershed District.
Sundstrom inquired if an alternative exists to zoning the office sites to 1-2 Park:
The planner suggested they could be recommended to be zoned to Office District.
Mr. Redpath felt the developer would not be acting in his best interest if uses
other than office were allowed on the 3 lots around the pond as they are ideal
office sites. Anderson stated it would not be economically feasible to develop
the 3 pond lots as anything other than Office.
Motion 1:
Redpath moved, Dearman seconded, to continue the item to the Nov. 28th meeting
and request the proponent to submit a drainage plan for City staff review.
Discussion:
Mr. Buchloiz, Windsor Properties, requested a 15 minute recess to allow the
proponents time to discuss the drainage plan in an attempt to resolve the
question so that the Commission may take favorable action.
Redpath and Dearman withdrew their motion and second. 4'
Motion 2: `-''
Redpath moved, McCulloch seconded, to allow the proponents a 15 minute recess
and continue the public hearing to 8:45 PM. Motion carried 4:1 with Bearman voting
nay. 1
Motion 3:
Redpath moved, Lynch seconded, to recommend to the Courcil adoption of the Joint
EAW-Crosstown Industrial Park/Crosstown Park. Motion carried unanimously.
•
•
approved
Planning Commission Minutes -3- November 14, 1977
8:45 PM, Crosstown Industrial Park , continued public hearing.
Mr. Jacobson presented a skematic drainage plan that would collect water on-site
by use of a sedimentation pond on lot 2 in order to filter water prior to
going into the pond. thereby not requiring any water flowage across Flying
Cloud Drive.
•
Lynch felt the drainage plan would be feasible if acceptable to the Engineering •
Department. He suggested another alternative may be use of the Co. Rd. 18 system.
Motion 4-
Redpath moved, Bearman seconded, to close the public hearing on the Crosstown
Park project. Motion carried unanimously. •
Motion 5:
P.edpath moved, McCulloch seconded, to recommend to the Council approval of the
1.4 Crosstown Park rezoning from Rural to I-2 Perk as per the staff report of Nov. 3,
1977. Motion carried 4:1 with Bearman voting nay.
•
approved
Planning Conanission Minutes -4- November 14..1977
•
Motion 6_ `
Redpath moved, McCulloch seconded, to recommend to the Council approval of the
preliminary plat subject to the site plan dated Nov. 6. 1977 showing building
locations and coverages, and contingent on the staff report dated Nov. 3, 1977
with storm water drainage plans as presented this evening, 11-14-77, for the
runoff water to be held on the north side of Flying Cloud Drive , or an alternate
drainage plan meeting the intent of the presented plan so that storm water
does not impact or burden adjacent properties. Motion carried 4:1 with
Bearman voting nay.
•
•
•
STAFF REPORT
TO: Planning Commission
FROM: Jim Jensen, Planning Assistant
THROUGH: Chris Enger, Planning Director
DATE: November 3, 1977
APPLICANT: Richard Anderson
PROJECT: Crosstown Park
LOCATION: 28 acre site located north of Flying Cloud Drive, and
south of the interchange of Co. Rd. 18 and US 169/212.
REQUEST: apprlfrom
Rural
on 28
ral to 2aPark and preliminary plat
ova for
BACKGROUND
The site is currently shown as industrial on the 1968 Comprehensive Guide
Plan with the preliminary indication on the current Guide Plan Update also
as industrial. The site was originally approved for 537 high rise apartment
units and 2 acres of commercial in PUD 71-02. As a result of the Major
Center Area Study and subsequent action by the City Council, buildings over
3 stories are not allowed outside of the MCA.
The Smetana Lake Sector Study a 1974 amendment to the 1968 Guide Plan,
states that the area is suitable for multi-family residential as previously
proposed and approved.
The northern and eastern boundaries are US 169/212 and Co. Rd. 18 respectively.
The site is an integral component with Frank Cardarelle's Crosstown Industrial •
Park proposal and is bordered by Cardarlle's project on the southwest side.
Existing buildings border the site on the south and west.
LOCATION MAP
•
• PUbi l 1ittL
1 tC�. !Si .;.. 1. i
42 -t �, ! 1/ , , :-1
t.S 22 . Iz
S22 e: RI2I' r —11 4ii. __ .:,.,,
•�. , 7 . it
4 { .
•
Staff Report-Crosstown Park . !I., :::
-2- Nov. 3, 1977
LAND USE
The site is bordered on the south by Office Zoning and on the west by Highway
Commercial. South of Flying Cloud Drive is land currently zoned 1-5 Park.
ZONINEST • '
The proponent requests rezoning from Rural to I-2 Park for 28 acres and 6 .
industrial lots. No variances from Ord. 135 are requested. ; s:
In the Sept. 12th letter from Richard Anderson, project applicant, he stated
feet of office 1 i1:-
space will
l square feet °fThisiestimateoof buildingnfloorOaDreagwas meant to include
Frank Cardarelle's proposal . In the Sept. 20th letter to Richard Anderson ;,"
from Richard Putnam, it is explained that according to Ord. 135 almost twice the amount of floor space is allowed over what is proposed. Mr. Anderson 1.
:
although admitted the possibility of larger buildings later
ered stated he had
no intention of building more than what is currently prop
:
SITE ANALYSIS
Access, Circulation
Access to Mr. Anderson's proposal is gained through the Cardarelle site which
s
g cul-de-sac
of the lon otslonntheloud Cardarelle parcelDrive. The oad andiallabutnI 1 ot on the Andersonwhich roparcel.
Lot 3 will be served directly from Flying Cloud Drive. A:
It is estimated that 1400+ trips/day will be generated upon completion of the project. It is conceivable that if the floor areas are allowed to be expanded l to that allowed by Ord. 135, that the AOT count could double to 2500-2800 . 7
l
(Computations based upon .8 ADT/1000 sq.ft. industrial waareihoouse, 14 ADT/1000
sq.ft. 2 story office, and 14 ADT/1000 sq.ft. '.•1.
Comparative Analysis of Traffic Volumes : 4
Crossys. PUD 71-OP
Tota' 140own Park Total 3813
amtpl peak403 51 out, 202 in •.%
am 341. out,145 in 225 out, 56 in
pm peak 117 out,336 in
FP° �,� Is 5'I� 1Ka
PV-IC., ori
ta_a N wq,./.12 '��
•
------- .-J �_ �s�r ccjc ur+t�
��,�2 61 31
Staff Report-Crosstown Park -3- Nov. 3, 1977
•
Soils, Topography, Grading
The site is defined by several distinct microclimatic environments. The
eastern portion of the site is characterized by wooded, quite hilly terrain
with a 4.7 acre pond in the center. There are frequent slopes of greater
than 18% on this portion of the site.
Much of the drainage from this area moves to the pond. The Nine Mile Watershed
District has recommended erosion control measures to prevent uncontrolled runoff
of sediment and other undesirable solutes into the pond.
The eastern portion of the site is undulating topography with open meadowlike
appearance. Grass is the major vegetation intermixed with few trees and shrubs.
. A mass grading plan was submitted with the proposed site plan. The 3 office
buildings on the wooded hilly area and around the pond are now being sited
individually. These plans will be forwarded to all commission members before
the Nov. 14th meeting. These grading plans are not very specific, using the
5 foot contours instead of the requested 2 foot contours, but do show in
concept how the 3 office buildings and their parking lots fit into the site.
The Planning Staff recommends the proponent submit complete grading plans showing
2 foot, existing and proposed contours to adequately analyze the impacts prior
to final plat approval.
The soils on the site are generally sandy loam to loam in texture and are made-up
generally of the Heyder Series. The following is a summary of the soil conditions:
Heyder Sandy Loam(HeC),Heyder and Lester Learns (HdF)
,I HdF is found on slopes of 24-25"%
HeC is found on slopes of 6-12%
deep soils , well drained, moderately permeable
water table below 5' all seasons, commonly below 10'
soils have erosive nature especially on slopes greater than 12%
fair bearing capacity and shear strength, moderate shrink-swell
fairly wide footings are recommended.
Kingsley Complex(KnE)
Commonly found on slopes of 18-24%
•
loamy to sandy texture, moderate to rapid permeability
water table below 5' all seasons, commonly below 10'
•
low shrink-swell, fair to good hearing capacity
soils are quite erosive especially on slopes greater than 12%
sand and gravel found in these soils
Hamel q
Soils are deep, loamy to clay in texture,
poorly drained, water table 1-3' in wet
seasons, drain tiles should be installed .d
around footings, frost heave is high,
�r
bearing capacity fair to poor, shrink-swell
is moderate.
:3
iR
Staff Report-Crosstown Park -4- Nov. 3, 1977
•
Glencoe Silty Clay Loam (GC) , Marsh (Ma)
Very poorly drained, subject to ponding
sandy to loam in texture , high in organic
poor bearing capacity :,a;
R. 22 W. I R. 21 w. HENNEPIN COUNTY,
t
teC ` `
NdF 1Dt1 ,, /� H I 1\.. I __ 1.
t HDB I I `i _—� 1'
li
R h,F ,. _ Hnc j ( / y _.��
\ . qv . c--) 1 .,
FOo 4 Gr i r \ -0. e.l .. ;
Cu \ Lai
oy . •
Po ,cl r cu �- , ' L.
i
Iggetation, Wildlife
Trees and shrubs indexed on the site are as follows:
Tree Species Understory Species
American Elm Smooth Sumac
Pin Oak Greytwig Dogwood
Red Oak Wild Rose •
White Oak Buckthorn
Bur Oak Wild Raspberry
Boxelder Chokecherry
Cottonwood Currant
Silver Maple Hazelbrush
Large Tooth Aspen Yellow Twig Dogwood
Trembling Aspen Baneberry
Lonbardy Poplar Lilac
Willow Nannyberry Viburnum
Honey locust Honeysuckle
Pin Cherry Snowberry
Black Cherry Juneberry
C:een Ash
Cedar
i
:
64
Staff Report-Crosstown Park -5- Nov. 3, 1977
The site has quite diverse vegetation and can be tremendous sites for
industrial or office buildings if the roads, parking lots and buildings
are carefully sited. More specific grading plans would also be useful
in evaluating the natural vegetation that will be lost in roadway or
building pad backslopes. Sensitive site planning and construction is
imperative especially on the 3 office sites to retain the natural
.integrity of the site.
Small wildlife and bird populations are abundant for a site that is developed
on all its perimeters because of natural cover, open space and proximity to
water. Many of these animals will be eliminated or displaced but some .
should be retained if much of the natural cover remains.
An Environmental Assessment Worksheet is being prepared considering the impacts {,
of the project using proposed floor areas as well as that which would be
allowed by Ord. 135.
•
RECOMMENDATIONS
The Planning Staff suggests the Planning Commission recommend to the City Council
the following: 4
1. Rezoning from Rural to I-2 Park.
2. Preliminary plat approval contingent upon the following: I
a. a grading plan using 2 foot contours (existing and proposed), be
submitted for staff review prior to final plat approval. That
grading of streets , building pads and parking lots occur in
sensitive manner to retain as much of the natural character of
the site as possible.
b. erosion control be implemented per Nine Mile Watershed District
recommendations
c• building sizes remain the same as that proposed especially the
3 office buildings surrounding the pond. This is a sensitive
area that should be dealt with accordingly.
d. the approval of preliminary platting and rezoning should be
contingent upon the plans submitted.
e. that cash in lieu of land be paid prior to issuance of each
building permit.
JEJ:jmj
65
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P.,,.. . :y C: ,c.ission -2- .77
5:j.. I. ._
C. Crosstown Park, by Richard Anderson. Request to rezone from Rural to I-2 Park
and preliminary plat 28 acres into 6 lots. The site is located south of US. 169/
212/Co.Rd. 18 interchange. A continued public hearing.
The planner referred the Commission to the September 20 and 21 letters regarding
the EA1ti for the project. He stated Mr. Cardarelle is presently working with the
staff in preparing the EAW and he recommends the Commission continue the public
hearing to the Oct. 10th meeting.
Mr. Cardarelle, Cardarelle 8 Asso., stated the proponent would like to proceed
as quickly as possible with the review.
is
Motion:
Retterath moved, Bearman seconded, to continue the Crosstown Park public hearing
to the next Commission meeting. Motion carried unanimously.
•
57 •
a
4
'd.
•
approved
Planning Commission Minutes -6- Sept. 12, 1977
B. Crosstown Park, by Richard Anderson, request to rezone from Rural to
• I-2 Park and preliminary plat 28 acres into;6 lots. The site is located
south of the US 169/212/Co.Rd. 18 interchange.
•
The planner informed the Commission the grading plan was brought in late that
afternoon and the staff has not yet prepared a report.
Mr. Dick Anderson, presented the site plan of office/warehouse uses on
•
•approximately 26 acres. Be stated they intend to-retain the pond and woods
and only change the grades slightly. He informed the Commission he has a
letter from the DNR stating no EAW will be necessary. •
Sundstrom asked if any members in the audience had questions or comments.
None were raised.
Motion:
Rettcrath moved, Lynch seconded, to continue the Crosstown Park public hearing f,
to the September 26th meeting for a staff report. . Motion carried unanimously. �:
•
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MINUTES
EDEN PRAIRIE PLANNING COMMISSION
approved
Monday, November 28, 1977 7:30 PM City Hall
COMMISSION PRESENT: Chairman Sundstrom, Schee,'Redpath, McCulloch, Retterath
COMMISSION ABSENT: Lynch, Bearman-
STAff PRESENT: Chris Enger, Jean Johnson
Planning Commission Minutes —3— • November 28, 1977
•
D. Pillsbury Company Rezoning , consideration of rezoning of the Pillsbury
site, The Preserve, back to Rur€1.
Sundstrom inquired if Pillsbury had requested such a rezoning. The planner replied
negative; the request came from the City Attorney.
Motion:
. Redpath, McCulloch seconded, to recommend to the City Council that the Pillsbury
site in The Preserve be rezoned back to Rural. Motion carried unanimously.
•
• CITY OF EDEN PRAIRIE '
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-07
A RESOLUTION DESIGNATING THE OFFICIAL MEETING
DATES, TIME AND PLACE FOR THE CITY OF EDEN
PRAIRIE COUNCIL MEMBERS IN 1978.
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
Minnesota, that they meet on the first and third Tuesdays of each
month at 7:00 p.m. to be adjourned by 11:00 p.m. unless waived by
unanimous vote of members present in the Eden Prairie City Hall,
8950 Eden Prairie Road, Eden Prairie, Minnesota.
ADOPTED by the City Council of the City of Eden Prairie this
3rd day of January, 1978.
•
Wolfgang H. Penzel, Mayor
SEAL
Attest:
John D. Frane, Clerk
6.3
c !:
•
CITY OF EDEN PRAIRIE :t'.
A
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-06
A RESOLUTION DESIGNATING THE •
AS THE OFFICIAL NEWSPAPER
BE IT RESOLVED, by the City Council.of the City of Eden Prairie,
Minnesota, that the be designated as the
official City newspaper for the year of 1978.
ADOPTED by the City Council of the City of Eden Prairie this
3rd day of January, 1978.
Wolfgang H. Penzel, Mayor
SEAL
Attest:
John D. Frane, Clerk
Li
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''''IN .
�Qt»vt1t«t�Nl'
15716 WEST 78TH STREET
• EDEN PRAIRIE,MN 55343 • PHONE 941-7344 €l
December 27, 1977 R.:
City of Eden Prairie ', `
Eden Prairie, Minnesota
Dear Sirs:
1 am writing to ask your consideration for designating The Eden Prairie
News as your official newspaper for 1978.
Legal rate are set by the State Printer and are determined so that any given
legal notice or publication will cost the same in any newspaper regardless
of the size of type used or the width of columns used. The News uses a
wider than ordinary column width and it may appear our rates are higher
than others but this of course if offset by the fact we get more characters '
per line. Our rates are as follows: 30.9 cents per line for the first insert- .'y
ion; 20.6 cents per line for each subsequent insertion. Tabular matter is
charged at an additional 10.3 cents per line for the first insertion only.
Although we have a Tuesday noon deadline for publication of notices etc. to
•be included in the same week's issue, on occasions we have bent that rule s
that short legal notices that reach us as late as Wednesday morning are
still •
' included in the Thursday issue.
At no additional charge we provide notarized affidavits of publication for
notices that require such. •
Thank you for your consideration in this matter.
Dick Dahl, Editor
Eden Prairie News. •
(O J
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SUN NEWSPAPERS
4���- EDNAWE MINNEVE S5/3S10 NTv 1r4100
December 20, 1977 ��7'�
DEC21
City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN. 55343
Gentlemen:
Your designation of the Eden Prairie Sun to be your official newspaper for
the year 1978 will be most appreciated.
The rate for legal publications as set by Minnesota law is 20.54 per line for
the first insertion, 13.6d per line for each subsequent insertion. Tabular
matter, i.e., proper names, numbers, legal descriptions, etc., is 6.9t per
line additional for the original insertion with no additional charge for
repeats of the original insertion.
We will provide, at no additional charge, two notarized affidavits on each of
your publications. Additional notarized affidavits, on request, will- be
furnished at 25t each.
All publications should reach this office by 4 P.M., Monday preceding your .
Wednesday publication.
In order to expedite our services to you, it is requested that you direct your
publications to the Attention of Cicely Moon, Legal Department, 6601 W. 78th 9'
Street, Edina, MN. 55435. {:
Thank you for your consideration of this, our official application for designa- ;1
tion of the Eden Prairie Sun as your official newspaper for the ensuing year.
Very truly yours,
SUN NEWSPAPERS, INC.
ames R. Ritchay
Executive Vice President
JRR:cw
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-08 4
BE IT RESOLVED, that the persons holding office as Mayor, Manager
and Treasurer of the City of Eden Prairie, be and they hereby are,
authorized to act for this City in the transaction of any banking
business with the Suburban National Bank of Eden Prairie, (hereinafter
referred to as the bank), such authority including authority on behalf
of or in the name of the City from time to time and until written
notice to the bank to the contrary, to sign checks against said account,
which checks will be signed by the Mayor, Manager and City Treasurer.
The bank is hereby authorized and directed to honor and pay any check
against such account which is signed as above described, whether or
not said check is payable to the order of, or deposited to the credit •
of, any officer or officers of the City including the signer or signers
of the check.
BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign
checks as an alternate for the Mayor, the Deputy Treasurer be authorized
to sign checks as an alternate for the Treasurer, and the Acting Manager
. be authorized to sign checks as an alternate for the Manager.
• ADOPTED on the 3rd day of January, 1978.
Wolfgang H. Penzel, Mayor
SEAL
•
Attest:
John D. Frane, Clerk
67
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-09
A RESOLUTION DESIGNATING DEPOSITORY
BE IT RESOLVED, that the Suburban National Bank of Eden Prairie,
Minnesota, be authorized to do banking business in Minnesota be and
hereby is designated as an Official Depository for the Public Funds
of the City of Eden Prairie, County of Hennepin, Minnesota, for a
period of one year from this date. The City Treasurer shall secure
and maintain adequate security for funds in the depository.
ADOPTED by the City Council this 3rd day of January, 1978.
Wolfgang H. Penzel, Mayor
SEAL
Attest:
John D. Frane, Clerk
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1080 EDEN PRAIRIE CENTER.EDEN PRAIRIE.MINNESOTA 55343•TELEPHONE 612/941.7100 }'
Suburban National Bank
i
December 29, 1977
Honorable Wolfgang Penzel and
Members of the City Council
City of Eden Prairie
Eden Prairie, Minnesota 55344
Dear Mr. Mayor and Council Members:
On behalf of the Directors and staff of Suburban
National Bank of Eden Prairie, please accept our
appreciation for the opportunity this past year to
serve as the Official Depository for the City of
Eden Prairie.
It is our desire to continue to serve in this
capacity as the Official Depository and express to
• you our thanks for your consideration.
'ncerely ,
i
o W. Terwillige
resident
RWT:hd
Gj
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DEC 2 9 191 ,atE To
8 ;8 MIDWEST FEDERAL
a 801 NICOLLET MALL•MINNEAPOLIS.MINN.55402
74 ssol is
Dear City Managers
Midwest Federal Savings and Loan Association wishes to be appointed
as an official depository of your city accounts. We are a federally
chartered Savings and Loan Association and your deposit will be
insured by the Federal Savings and Loan Insurance Corporation (FSLIC)
to the lawful limits.
Midwest Federal has played an important part in the quality of your
community. Our mortgage policy is to help build a strong community
through home ownership. We have assisted many families in your
community to purchase or improve their homes. These figures are
available to you and I invite you to contact me for them in your
area.
Ms. Ellen Minor at 372-6403 will be available for interest quotations
at any time you wish to make deposits. This action will give your
•
city the opportunity to receive the highest rates available on your
deposit. In this time of tight budgets I think you will agree this
is most important. Please feel free to contact me if you need addi-
tional information.
Yours uly,
J eph E. Ertman
A sistant Vice President
372-6435
JEE/cjp
CITY OF EDEN PRAIRIE'
HENNEPIN COUNTY, MINNESOTA i.
RESOLUTION NO. 78-04
A RESOLUTION AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
BE IT RESOLVED that the use of facsimile signatures by the
following named persons:
Wolfgang Penzel, Mayor
and
John D. Frane, Treasurer or Roger K. Ulstad, Manager•
on checks, drafts, warrant-checks, warrants, vouchers or other orders
on public funds deposited in the Suburban National Bank of Eden Prairie
be and hereby is approved, and that each of said named persons may
authorize said depository bank to honor any such instrument bearing
his facsimile signature in such form as he may designate and to charge
the same to the account in said depository bank upon which drawn, as
fully as though it bore his manually written signature, and that in-
struments so honored shall be wholly operative and binding in favor of
said depository bank although such facsimile signature shall have been
affixed without his authority.
ADOPTED by the City Council on this 3rd day of January, 1978.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Frane, Clerk
?1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY. MINNESOTA
RESOLUTION NO. 78-05
A RESOLUTION AUTHORIZING THE TREASURER
TO INVEST CITY OF EDEN PRAIRIE FUNDS.
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
County of Hennepin, that the City Treasurer is authorized to invest
City of Eden Prairie funds with any bank.chartered to do business in
the State of Minnesota in Certificates of Deposits. U.S. Government
Notes and Bills, obligations of the State of Minnesota or any of its
subdivisions, Federal Government Agency Bonds and Notes, Savings
Accounts and Repurchase Agreements and any security authorized by law.
The City Treasurer shall secure and maintain adequate security for
funds deposited.
ADOPTED by the City Council on this 3rd day of January, 1978.
Wolfgang H. Penzel, Mayor
SEAL •
ATTEST:
John D. Frane, Clerk •
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rlt/k14 12/29/77 -
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-10
r,
WHEREAS, Donald R. Peterson, representing Universal Land
Corporation, 14500 Valley View Road, Eden Prairie, Minnesota
55344, has presented to the City of Eden Prairie a request for
{
preliminary plat approval and rezoning from Rural to $1-13.5
: fit
for 14 single family homes; and ,+;
WHEREAS, the present zoning of the property involved herein
is Rural and the proposed zoning would be R1-13.5; and
WHEREAS, the adjacent properties with the exception of Li
Coachlight Manor Addition are zoned Rural; and
. WHEREAS, the Planning Commission of the City of Eden Prairie
considered this matter on August 22, 1977; and
WHEREAS, the planning staff has submitted an extensive report r,
.t:
on said premises, including the impact of transportation and
environment on the community.
NOW, THEREFORE, based on the actions of the various boards
and the staff report and the presentation made by the applicant,
the City Council does deny the request for preliminary plat
approval and rezoning from Rural to R1-13.5on the Knoble Addition
proposed by Universal Land Corporation for the following reasons:
1. With the exception of Coachlight Manor Addition which is
zoned R1-22 all of the adjoining properties are zoned Rural and
have been developed with five acre hobby farms.
2. At previous zoning hearings, this area was zoned for five
acre hobby farms and that zoning was reconfirmed in 1976 when the
owners of the property sought and received an adjustment in special
?3 1
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assessments for sanitary sewer on the basis that the property
would be developed as a single family plat with one residence.
3. The preliminary plat proposed would result in spot zoning i,
which would adversely affect adjoining properties and would be
detrimental to the adjacent properties in their values as they
have been developed pursuant to existing zoning.
4. The preliminary plat proposed would result in a bad prece-
dent and could ultimately result in four closely parallel East/West
roads creating serious transportation problems within the area. is
5. The proposed preliminary plat and rezoning to R1-13.5 is
not the highest and best use of the property and will not permit
development of the property without infringing on the drainage
and flowage rights of adjacent property owners.
6. As the preliminary plat is proposed, the set back require-
ments under existing ordinance would result in a location
oof
of
buildings that would distract materially from the appearance
the adjacent area and would
dsture bf the
eeuniformity
ranand balance
in the development and appdai
7. All available information indicates a serious subsoil
problem on the five acre tract involved, that would make con-
struction of the necessary streets and foundations difficult and
might well lead to a general disruption of surface drainage features
throughout the area. °
8. The plan does not conform to the comprehensive guide plan.
Adopted by the City Council on the 3rd day of January, 1978.
Wolfgang Penzel., Mayor
ATTEST:
John D. Frame, City Clerk
•
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CITY OF EDEN PRAIRIE :7
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-146 ,i.
7:
A RESOLUTION REQUESTING THE POSTMASTER GENERAL :1
TO ESTABLISH A UNITED STATES POST OFFICE FOR
EDEN PRAIRIE
WHEREAS,our United States Post Office would provide greatly enhanced mail
service to the rapidly growing thirty-six square mile community of Eden Prairie
with an expected population of over 125,000;
WHEREAS, there are presently in excess of 26 national and international
industries and commercial enterprises in our City; •
WHEREAS, our United States Post Office would optimumly serve the Eden
Prairie and West Bloomington areas;
WHEREAS, our United States Post Office would support both the regional
commercial and regional employment centers located in Eden Prairie;
WHEREAS, our United States Post Office would be strategically located at
the transportation hubs of 494, 169, and 212;
WHEREAS, our United States Post Office would provide a stronger community
identity to Eden Prairie;
. WHEREAS, our United States Post Office would utilize the now assigned zip
code for Eden Prairie;
THEREFORE, BE IT SO RESOLVED that the Eden Prairie City Council strongly
endorses the establishment of a United States Post Office to be located in
Eden Prairie at the earliest possible time.
ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL ON THE day of
, 1978.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk SEAL
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75
rlt/jh 12/30/77
3rd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
•
ORDINANCE NO. 77-39
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended by adding:
That part of the Southeast Quarter of the Northwest Quarter of
Section 25, Township 116, Range 22, described as follows:
Commencing at the Northeast corner of Government Lot 1 in said
Section 25; thence on an assumed bearing of South 0 degrees 21 minutes
08 seconds West, along the East line of said Government Lot 1 and
said Southeast Quarter of the Northwest Quarter, a distance of
1705.58 feet; thence Westerly parallel with the North line of said
Government Lot 1, a distance of 463.40 feet to the actual point
of beginning of the tract of land to be described; thence South 3
degrees 11 minutes 08 seconds West, 230.00 feet; thence South 14
degrees 31 minutes 52 seconds East, 1?0.00 feet; thence South 20
degrees 11 minutes 52 seconds Fast, 120.00 feet; thence South 7
degrees 51 minutes 52 seconds East, 153.00 feet; thence South 41
. degrees 28 minutes 08 seconds West, 193.00 feet; thence South 81
degrees 58 minutes 08 seconds West, 116.00 feet; thence North 46
degrees 36 minutes 52 seconds West, 125.00 feet; thence North 9
degrees 31 minutes 52 seconds West, 204.18 feet; thence North 21
degrees 08 minutes 32 seconds West, 58.00 feet; thence South 78
degrees 51 minutes 28 seconds West, 75.00 feet; thence South 62
degrees 21 minutes 28 seconds West, 88.00 feet; thence South 30
degrees 36 minutes 28 seconds West, 67.00 feet; thence South 7
degrees 16 minutes 28 seconds West, 82.00 feet; thence South 82
degrees 43 minutes 32 seconds East, 160.00 feet; thence South 74
degrees 28 minutes 32 seconds East, 26.51 feet; thence South 9
degrees 31 minutes 52 seconds East, 64.45 feet; thence South 46
•
degrees 36 minutes 52 seconds East, 111.53 feet; thence South 45
degrees 28 minutes 08 seconds West, 94.96 feet; thence South 78
degrees 28 minutes 08 seconds West, 35.00 feet; thence South 0
•
degrees 21 minutes 08 seconds West, 59.53 feet to the South line of
said Southeast Quarter of the Northwest Quarter; thence Easterly •
along said South line to a point therein distant 433.00 feet Westerly
of the Southeast corner of said Southeast Quarter of the Northwest y;
Quarter; thence Northerly parallel with the East line of said
Southeast Quarter of the Northwest Quarter a distance of 125.00
feet; thence Easterly parallel with the South line of said Southeast
Quarter of the Northwest Quarter, a distance of 433.00 feet to the
East line of said Southeast Quarter of the Northwest Quarter; thence ,
North °degrees 21 minutes 08 seconds East along said East line 410.87
feet; thence Westerly parallel with the South line of said Southeast
Quarter of the Northwest Quarter to an intersection with a line
parallel with and 233.00 feet West of the East line of said
Southeast Quarter of the Northwest Quarter; thence Northerly along
said parallel line to an intersection with a line drawn Easterly
from the actual point of beginning and parallel with the North
line of aforesaid Government Lot 1; thence Westerly along last said
parallel line to the actual point of beginning,
which property shall be and hereby is removed from Rural zone and shall be
included hereafter in the R1-13.5 zone.
Section 2. The above described property shall be subject to the terms
and conditions of that certain Rezoning Agreement dated December 30, 1977
entered into between Olympic Hills Corporation and the City of Eden Prairie,
which agreement is hereby made a part hereof and shall further be subject to
all of the ordinances, rules and regulations of the City relating to such
R1-13.5 zone.
Section 3. This ordinance becomes effective from and after its passage
and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , 19 and finally read and adopted,
and ordered published at a regular meeting of the City Council of said City
on the day of , 19
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the _ day of , 19
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rlt/jh 12/27/77
REZONING AGREEMENT
THIS AGREEMENT, made and entered into in triplicate this day of
1 eeern P" , 1971_, by and between OLYMPIC HILLS CORPORATION, a Minnesota
corporation hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, {
•,d
a Municipal corporation hereinafter referred to as "City", '•y
WITNESSETH: !
WHEREAS, Owner has requested the City to change the zoning from Rural
to R1-13.5 for single family homes for development of land more fully
described in Exhibit A attached hereto and made a part hereof and which is
identified as "OLYMPIC HILLS THIRD ADDITIONand OLYMPIC HILLS FOURTH ADDITION," d
and
•WHEREAS, it is believed that a rezoining of said area to R1-13.5 would '.
be in the public's interest, welfare and convenience of the people of the
City of Eden Prairie, and :
WHEREAS, Owner agrees to develop the aforementioned property in con- .a.
sideration of the City's changing of the zoning; and Owner further agrees
is
that as a part of said consideration, it will lay out, develop and maintain :"
j;
said project as hereinafter set forth,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that for and in consideration
of the Mayor and the City Council of the City adopting an Ordinance changing
the zoning from Rural to R1-13.5 the Owner agrees to construction of said
property in accordance with the planning, architectural, engineering and
,landscaping requirements of all City Ordinances and will submit development-
stage rezoning plans to the City, subject to the following conditions:
77
•
1. That the Third Addition will consist of 13 single family
homes on 13 lots based on the plan dated November 25, 1977,
attached hereto as Exhibit B.
2. That the Fourth Addition will consist of 26 single family
residences built on 26 lots in accordance with the plan dated j;!
November 25, 1977 (Exhibit B).
3. That the developer be required to construct a pathway along the
West side of Franlo Road adjacent to the Third Addition as per
the adopted Hikeway/Bikeway Report.
4. That a 12 foot easement be provided for trail construction, 8
feet asphalt in width, along the North side of County Road 1.
5. That the owner agrees to hold the City harmless from any and all
liability and claims of any kind or nature occurring now or in
the future in connection with the location of any of said lots
in the Third Addition or the Fourth Addition because of their
proximity to any portion of the Olympic Hills Golf Course.
6. That all sanitary sewer, water main and storm sewer facilities,
concrete curb and gutter and bituminous surfacing whether to
be public or private, shall be designed to City Standards by a
Registered Professional Civil Engineer and submitted to the City
Engineer for approval. The developer, through his engineer,
shall provide for competent daily inspection of all street and •
utility construction, both public and private. As-built drawings
•
with service and valve ties on reproducible mylar and certificates
of completion and compliance with specifications shall also be
delivered to the City Engineer. The developer also agrees to pay
all fees for City Engineering and administrative services con-
sistent with current City requirements.
7. That a grading plan be submitted for staff review showing
minimum floor elevations for each lot before final plat approval.
FURTIIL•a CITY AND PROPERTY OWNERS AGREE:
1. That the property owners shall comply with all applicable rules,
regulations, ordinances and laws of the City of Eden Prairie.
2. That the provisions of this Agreement shall be binding upon and
enforceable against Owner, its successors and assigns, and upon all subsequent
•
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owners, their respective heirs, successors and assigns of the property
herein described.
3. That an executed copy of this Agreement shall be recorded with the
Register of Deeds, Hennepin County, Minnesota.
4. That if Owner fails to proceed in accordance with this Agreement I.
within twenty-four (24) months from the date hereof, Owner, for itself, its 4l°
t
successors and assigns agrees that it will not oppose the rezoning of said
property back to its Rural zoning. _ ,
IN WITNESS WHEREOF, the parties to this Agreement have caused these :
resents to be executed the da and
P Y year aforesaid.
CITY OF EDEN PRAIRIE, a municipal corporation :i ;.
of the State of Minnesota ` t
5'
i s.,
BY: P;
Its Mayor
Its City Clerk ,:'
OLYMPIC HILLS CORPORATION, a Minnesota
corporation
RY: S(t — s.
Its President ?
nn
tTJN
H:
Its Secretary ;(;.
f
STATE OF MINNESOTA) '
) SS, ':
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this _ day of
, 19 by Wolfgang Penzel, the Mayor and by John D. Frane,
the City Clerk of the City of Rden Prairie, a municipal corporation under the
laws of the State of Minnesota, on behalf of the corporation.
Notary Public
4) -3
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STATE OF MINNESOTA) #;
) SS.
COUNTY OF HENNEPIN) .
'A
Th forego ng instrument was acknowledged before me this 30day of
vnbW , 19'7'7 by At.tlfilte.4.5 IIVSAAtc the President and iqt.
the Secretary of Olympic Hills Corporation, a
Minnesota corporation on behalf of the corporation.
u #42i1
Notary ublic
BEti E.:..Y R.Avit,EL 0 y Minn.
] My :;;:itWn C.p�..Aul Y.1900
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7.r:
rlt/jh 12/30/77
4th Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77-40,.
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135.
•
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended by adding:
That part of the Southwest Quarter of the Northwest Quarter and
that part of the Southeast Quarter of the Northwest Quarter of Section
25, Township 116, Range 22, described as follows: Beginning at a
point in the East line of said Southwest Quarter of the Northwest
Quarter, distant 246.55 feet Northerly of the Southeast corner thereof;
thence South 80 degrees 04 minutes 06 seconds West, 607.63 feet;
thence North 45 degrees 05 minutes 51 seconds Fast, 263.05 feet;
thence North 38 degrees 27 minutes 01 seconds East, 229.00 feet;
thence North 40 degrees 57 minutes 01 seconds East, 242.00 feet;
thence South 50 degrees 02 minutes 59 seconds East, 218.00 feet;
thence South 21 degrees 02 minutes 59 seconds East, 65.00 feet;
thence South 0 degrees 07 minutes 00 seconds East, 128.00 feet;
thence South 11 degrees 06 minutes 45 seconds West, 106.00 feet;
thence South 80 degrees 04 minutes 06 seconds West, 60.00 feet to the
point of beginning. For purposes of this description the West line
of the Northwest Quarter of said Section 25 is assumed to bear North
0 degrees 28 minutes 17 seconds West.
ALSO:
That part of the Southwest Quarter of the Northwest Quarter and that
part of the Northwest Quarter of the Southwest Quarter of Section 25,
Township 116, Range 22, described as follows: Beginning at the
Southeast corner of said Southwest Quarter of the Northwest Quarter;
thence Northerly along the East line of said Southwest Quarter of the
Northwest Quarter a distance of 246.55 feet; thence South 80 degrees
04 minutes 06 seconds West, 650.93 feet; thence South 0 degrees 35
minutes 03 seconds East, 7.82 feet to the center line of County Road
No. 1; thence Southeasterly along said center line to the East line
of said Northwest Quarter of the Southwest Quarter; thence Northerly
along last said East line to the point of beginning. For purposes of
this description the West line of the Northwest Quarter of said Section
25 is assumed to bear North 0 degrees 28 minutes 17 seconds West.
That part of the West 1/4 of the NE 1/4 of the SW 1/4 of Section 25,
Township 116, Range 22, lying North of the center line of County Road
1. Subject to easement for Co. Rd. 1,
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r7.
which property shall be and hereby is removed from Rural zone and shall be
included hereafter in the R1-13.5 zone.
Section 2. The above described property shall be subject to the terms
and conditions of that certain Rezoning Agreement dated December 30, 1977
entered into between Olympic Hills Corporation and the City of Eden Prairie,
which agreement is hereby made a part hereof and shall further be subject to •
all of the ordinances, rules and regulations of the City relating to such
Rl-13.5 zone.
Section 3. This ordinance becomes effective from and after its passage
and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , 19_and finally read and adopted,
and ordered published at a regular meeting of the City Council of said City
on the day of , 19_
Wolfgang Fenzel, Mayor
•
ATTEST:
John U. Frane, City clerk •
Published in the Eden Prairie News on the _ day of , 19 •
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rlt/klr 12/29/77
ORDINANCE #78-03
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE REGULATING THE LICENSING
AND OPERATION OF DANCE HALLS WITHIN THE
CITY OF EDEN PRAIRIE AND AMENDING ORDI—
NANCE #102. .
THE COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: 4
SECTION 1: Section 3.D. is amended to read as follows:
SECTION 3.D. No fee is required for dances conducted by the park
and recreation department, any agency of the Eden Prairie School y;
District, or any organization holding a club liquor license issued
by the City of Eden Prairie;
In lieu of permit provisions of this Ordinance, the park and
recreation department, agency of the Eden Prairie School District,
or holder of a club liquor license issued by the City of Eden
Prairie shall notify the Eden Prairie Public Safety Department of
scheduled dances at least 72 hours before the scheduled time of
the dance.
FIRST READ at a regular meeting of the Council of the City
of Eden Prairie this day of , 197 , and
finally read, adopted and ordered published at a regular meeting
of the Council of the City of Eden Prairie on the day of
, 197
•
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the
on the day of ,
197 •
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®CITY r�/ STATE _ 2 :.,.. y •Ii - MEM2 .
T 1��!1 91hh1 i1_1 111P.5Q- 18. . _ LOCATION SKETCH SPACE:
E�t�1TELEPHON .. = (Submit sketch of property showing proposed
///��T 1,/ A Stoih t+ t-1:.1 IA; t I device location,land ties,etc.)
r.
L n1� -1-,‘,„ff �,t NAME J� y /i - -
D L/ia�it l i1l 1� 10_K ,' QA1C4` 1 I it 1•," , l
�f'T F/ray/ �(+t FR'� �STRE:ET AODRLSSyS �7{E
O lti P, -. S_,P,AA i 1 R i 1 v '•J 55r 3t'1 ! N , 5
w- CIiY STATE f ZIP _ .
R i ELEPHONE r`
PROPERTY LOCATION: • J
fTN. "-1If� iv�P�in imp M PRAi iE
7.HIGHWAY e a.COUNTY BA.MUNICIPALITY
13.SIGN MESSAGE'lA r Ex
.r 1G� T LAX !T ��
T .. (5.2v�
10,LANDt.LANDMARKS: n�� . YS t n_C F. C•A. Ancicr`-
A1ui.___><Tj 1►� can i-_ _M Sh e t t `i c(In tjl/t �7.5 A ..
11.ADVERTISING AREA clude`border&trim): y ��
�o o' aoo rc�
HEIGHT • ,•-' WIDTH SQUARE FEET
•• rr�"{•P; ZONING•ZONING AU HOR ITV
12.Illuminating Device:}�,YeS ❑No � MrsQ��♦���`E SS�SStii 0
-
13.Distance from ceyer of highway to nearest corner of device
—r: -Ft. r' --N5 Ft. - GUNK Oi'r �OEN.7 •--G.
13A.Right of way at sign site'
14.Approx.Date device will be/was erected ,4LD14Si- 1 J if required.
r 7S
15.Type Device Submit legal description of properly
•
.FlNGEE OOURL.E V"TYPE 13 BACK TO SACK
ACE O FACE .
16.Landowner;Lessee or Agent must submit letter granting use of property or sign Item below.
y S•-� 4. ( . //-,2 -4;77 ❑Yes,Letter Attached
��_ GATE
17.I,We,the undersigned,hereby declare that all statements herein are true and complete,with the same force and effect as th ':
given under oath,herewith accept the terms and conditions of the regulations of the Commissioner of Transportation and tut
agree mply therewith to the satisfaction of the Minnesota Department of Transportation.
'PL/1 (//��f�.�p{ n� ,Q 'n
Submit application with certified check for proper fee payable to Commis 1.1: .1 .n 01 m
-->.�p-1.1-\4.71_ ADVERTISING DEVICE PERMIT
Permission Is hereby granted for the construction of the device as described in the above application,said device to be in 3; ;!
accordance with the regulations as set forth in the Commissioner of Transportation's regulations and tho laws of the State Z
of Minnesota.Sullied je to twat Dldlnsnce. o
SPECIAL REQUlIlLMLNTS:Device must be erected within 120 days or permit will be voided.Permit number must be affixed ' `?
to device together with permitee name. It is expressediy understood that this permit is conditioned upon maintenance of the
device in its original or to a satisfactory condition.
OAT• 01•T wl[ a�.
This permit expires on June 30,ib-� . it-L. �'1 7(Y1• p� 0 \'',
FOR D,STRIOUT,ON OF COPIES,
SEE REVERSE SIDE.- - •
- j
1
_i • PRINT - PRESS HI.ttD ,� STATE OF ISir!!:LlLT!.
;.t AVE A BLANK BETWE
EEN
pWORDS n r �y! f i ,
- 7i ff,i >E t4 f ,� ( . d RTISING DEV OF T ERMIT RTATIC+
A NANL LINE I / I I 1 1 1 ADVERTISING DEVICE PERMIT APPLICATIQ!
P '1Ehe NAl4(TS AS PC i ,� T!ON L7?yi�'1Q o Q Q'
f I l I , I , I I f t I -0Ff ICE USE ONLY �l I I. I l t t t.1.�
P NANL LINE 2
F ACCOUNT
LItIIIIIIIIII IIIIIIIII M 4. —S 1 1 4\
NAME LINE A OD fTTU TM
I 1/nn1/1y1 6i1 PRALL -11. 1 ", "-4" 117\ 4'1 id PA `1t
....:.
[
C STREET ADDRESS ..{ :
, MPS . .C•.:. .CS, ,. _.NC YR. AMOUNT
AEP,►ALPIPAIA1A141/14t 3q s' tT . �ZA'-1N� 4� } 1
f I ,. t t't'��, , 1 t f , I 1 1 't , 1 1
N G,CIITY . r/-�STATE y ZIP.�, •..y..T r ..•" CONNENi_- y ..�. ,.
T fol> -`/g i I_,'7`ISY1 18. LOCATION SKETCH SPACE:
TELEPHONE _ - - ._ (Submit sketch of property showing-proposed
L'M,NNI lt< TIE� device location,land ties,etc.)
+ 1YI „ , , , , , , . , , 1
hNRAPE
ND I• MI I_1L/S_X�IDEIL E E♦ � .1`11)t I I I I I I I I I I
�Pt I t 1 1 [�!� �1J1tQJ7J , •
1v �i'vy STATE ZIP . N . '
E ,if c —i� sl—,ViL3[J
R TELEPHONE - - . • .
PROPERTY LOCATION: •
7.HIGHWAY � !l 8.COUNTY 8A.MUNICIPALITY�
9.SIGN MESSA e• ,ODE sv CFI IT�� r
10, LA,gh• II,I� 7Y.S:-IiNf S!�i 5 J_ a -4)'F T/�6,n n (1
11.ADVERTISING AREA(Include border 8 trim): . �` •
�!
ZONING& ZONING BUT ORITY
12. I Iluminating Device:3Yes ❑No
13.Distance troocenter of highway to nearest corner of device C.,.O'MMEn�.MQv.e. SSG.SSEQ
13A.Flight of way at sign sites `b� Ft. \\`t his ���E�tA\QC-. •
14.Approx.Date device will be/was erected4§249tl5_±. j/9
15.�Tyyppe Device Submit legal description of proporty if required. :..:,'..
E ri DOABLE O..V••TYPE BACK TO BACK
UI FACE
•
16.Landowner,Loasee or.Xgent must submit letter granting use of property or sign item below.
.( 'Is !/ri• �I• //-.{7 - 7 12 Yes,Letter Attached
• SIC,ATURI. DATE
17. I,We,the undersigned,hereby declare that all statements herein are true and complete,with the same force and effect as tt,
given under oath,herewith accept the terms and conditions o1 the regulations of the Commissioner of Transportation and tut
agre(/e/�pyJ�)omply there - . _..
with to the satisfaction of the Minnesota Depev
artment of Transpporttation.
- .
A tL7AE DATi
Submit application with certified check for fvo e,r fn p.yable to Commissioner of Transportation.
rJ�%.--.11-\LA ADVERTISING DEVICE PERMIT m
Permission Is hereby granted for the construction of the device as described in the above application,said device to be In '3
accordance with the regulations as set forth in the Commissioner of Transportation's regulations and the laws of the State Z
of Minnesota.Subject to Local Ordinance. o
SPECIAL RLOUtIILMENTS:Device must be erected within 120 days or permit will be voided.Permit number must be affixed '
to device together with permitee name. ft Is expressodly understood that this permit is conditioned upon maintenance of the t
device in ifs original or toe satisfactory condition, t
cc�� T¢ ouTNICT �P i
This permit expires on June 30,19��7 �`-L,-1O�'� (� prreoa0 Q�e.lh� r••.S�T�• �
FOR oisinIBUT10N OF COPIES,
SEE REVERSE SIDE. • ) •
! ..i
• r•I:if:T - l°i,L... HARD 4 i t STATE OF t.'.11,..cSG1A •
• A IiLANI u(TV.r IN Worms t i i •
q"2�p p/, �`� DEPARTMENT OF,TRANSPORTATION
`ir1 I' L'flI1 x't+t� 1�EIN'1GiN t t I I r I ADVERTISING DEVICE PERMIT APPLICATIOR
A�IM� 1��1((11 �Q J/ NAME LINE/11�1 ♦-T�/1 A� T��/�1
''5,�y'=t`S�•l�•t l iL7�,SJ�-•1t.i�J�tl_!Ll t,�I/s'i 11.�/7�I, OFFICE USE ONLY 1(1 I '1 -t t IOIOI041
NAME LINE 2 '
'1 ) ':- t ACCOUNT
Q LQ
II L_I 11 1 1 1 I 1• 1 L I t I I III 1 1 - • t''.• � l"�1 LJ 1`1\c ,1
//�S if
F�//� lNAAME LINE I 1 I. -qO. _Ns . -PERMIT .•u _TR•. ,i TN' -
1 Ir P/i! t 1EPE PIMA ri1i1u A.f E1ft ill .' 1/2IQS 111,4,14.•I'i 1138A4�
- � �/ �d Q lST RREETCAD�,D(RRLSAS�• - - j- /1 �t yp F CS t �.NC� YA AMOUNT
A 1`'Die t`�.iJ._E-1.gtt_t11M'iEl VVl a3111r7 4} l t 1.11 1' , '.1 f ,:;. --y.. .; = I
1 1 ( f t i f'�1 1 T 1 1 1 I�f t f / T' t
-f / Q [IiY STATE ZIP. - „ -',/ COMMLN is - I„�3
T 160.t�-i p 1Ti!i-1 I''. 18. LOCATION SKETCH SPACE:
TELEPHONE 8 ISTE�! ,N RrJVdL/,Pt�ft ' = i . f I (Submit sketch of property showing proposed
L L t 1 1 1 i I-Lj 1 1•I v I I 1 1- t 1 device location,land lies,etc,
hI / ' y1�/C) �! NAME • - - -
LSD is �,5`�tx N�t✓_ t('?o1 1 , 1 t 1 , t 1
LT BEET ADDRESS
�,LpQ 1146,T1Q14 I k1M 1 �`,I�21 N
CITY STATE ZAP •
Es ��t�t��15'�1a191�t�I - ♦ ..
TELEPHONE
PROPERTY TION:.. • -- •
•
T.H. _r (Hehliv.. Pi (EoFsi— 1=
7.HIGHWAY ��}} 8.COUNTY
(J 1 8A.MUNICIPALITY ,�*y
g.SIGN MESSAGE: t� !t X_ f1 1i `
_T1 �pN I Snub
�I''�v! _ •
' L._ ���1l`"�L� .�'L`J�'_? Off'
rr. el H�&Q S . )
11.ADVERTISING AREA(Include border&triml: - •
/o' - ��' aoo
HEIGHTWIDTH SQUARE FEET - -
12.Illuminating Device:f Yes ❑No ZONING 6 ZONING/� AUTHORITY
13.Distance_from center of highway to nearest corner of device } S e.e. A}i'oC�e�
�0 `, S rve� MO�? •
13A.Right of way at sign(site__ VQQ� n0{t 4v� Or�E- o w Lttq�
.4.Approx.Date device will be/was erected .' • 7 Cvvi .F FsGv 0.1‘tL.
15.(Type Device -- ] Submit legal description of property If required.
ENT AGE '- U ACE LE TYPE BACK TO BACK _
16.L �Yr���r�see or Ac= t must ubmlt letter granting use of property sign fem below.
-• __fi—te • /� � 77 ❑Yes.Letter Attached
TL?:TY,, r. L
17.I,We,the undersigned,hereby declare that all statements herein true and complete,with the same force and effect as thor ,
given under oath,herewith accept the terms and conditions of the regulations of the Commissioner of Transportation and fully
agree t comply therewith to the satisfaction of the Minnesota Department of Transportation.
��' ` c 19
Submit application with certified check Ior_proper fee payable to Commi Jena .f ;A la . •1
,O--TN---At+3 AOVERTISING DEVICE PERMIT m I
-ermission Is hereby granted for the construction of the device as described in the above application,said device to be in 3
accordance wilh the regulations as sot forth in the Commissioner of Transportation's regulations and the laws of the State = .-
c:Minnesota.Subject to Local Ordinance. _ oZ Cl
PECIAL REOUIRLkii:N1S:Device must be erected within 120 days or permit will be voided.Permit number must be affixed ' . ':''
:o device together with permitce name. It is expressedly understood that this permit Is conditioned upon maintenance of the
device in Its original or to a satisfactory condition. t.
This II•T C DI.,i c?71i OMKRAAv.A_
permit expires on June 30.t9' �ZZCJ-1, Lk'.f`IN.�t.po.oa t.VS, �rCtw3..4.1A1l�lll.,.1 L '.
FOR DISTRIBUTION OF COPIES.
SEE REVERSE SIDE. �.,,
17/1 •
January 3, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 75-11
•
RESOLUTION RECEIVING PETITION AND ORDERING
FEASIBILITY REPORT ON IMPROVEMENTS (I.C. 51-
WHEREAS, petitions have been received and it is proposed to
make the following improvements:
I.C. 51-319, Utility and street improvements
in Norseman Industrial Park 2nd Add.,
and assess the benefited property for-all or a portion of the cost of the
improvements, pursuant to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
That the proposed improvements be referred to the City Engineer for study
with the assistance of Rieke Carroll Muller Associates and that a feasi-
bility report shall be prepared and presented to the City Council with all
convenient speed advising the Council in a preliminary way as to the scope,
cost, assessment and feasibility of the proposed improvements.
ADOPTED by the Eden Prairie City Council On:
,.t
Wolfgang H. Fenzel, Mayor •
• ATTEST: SEAL
John D. Franc, Clerk •
4a
Suite 1735 ,,
ROBERT F.COLLINS LAW OFFICES Northwestern Financial Center'
GEORGE C.MOFF ROBERT F. COLLINS &ASSOCIATES 7900 Xerxes Avenue South
OF COUNSEL
GEORGE A.KURTZ Professional Association Minneapolis.Minnesota 55.31
(812)835.5404
December 12, 1977
Mr. Carl Jullie
City Engineer
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Carl:
You will find attached to this letter Petitions as requested by
the City for improvements serving Norseman Industrial Park 2nd.
They conform to our discussion of the requirements of the City's
plat approval of December 7th as I understand them. Hopefully the
Exhibit attached to the Petitions will help to clarify them.
If you have any questions whatsoever, please feel free to give me
a call so that Mr. Helle's plat may be filed as soon as possible.
Sincerely,
ROBERT F. COLLINS & ASSOCIATES, PA
George C. Hoff
GCH/pac
Enc.
ZJ
•
•
CITY OF EDEN PRAIRIE, MINNESOTA
PETITION FOR LOCAL IMPROVEMENT
Tone Eden Prairie City Council: • ' • •
The undersigned property owners herein petition the Eden Prairie City
• Council to consider making the following described improvernents(s):
(General Location)
X Sanitary sewer Improvement of 74th Street from
X Watermain Washington Avenue to a point
•
Storm Sewer approximately 980 feet west of•
X. , Street Paving Washington Avenue, as shown on i?
X Other Exhibit 1 •
(Curb and gutter) •
.4;4111
Street Address or Other
Legal Description of of Pc 'tioner,
Property to he Served _ Fo-pro • .wners)
Nnreman Industrial. Park 2nd,
T.ot' 3 and 4 and Lot 3, Block �rliev Belle
'�f'Q .� ,7
1 of Norseman 1st /,'11'�fJf�G' ��f" "
Borg ild Belle
•
•
(For City Use)
Date Received
Project No. '
Counci) consideration
•
•
yv ..... ....._ ._...
•
CITY OF EDEN PRAIRIE, MINNESOTA • _
PETITION FOR LOCAL IMPROVEMENT '
To The Eden Prairie City Council: • '
• :he undersigned property owners herein petition the Eden Prairie City
Council to consider making the following described improvements(s):
(General Location)
. Sanitary Sewer __Wong 74th Street and alona eastern
•
Watermain hnundary of Norseman Industrial
. X Storm Sewer Park 2nd. as shown on Exhibit 1
. Street Paving .
Other '
Street Address or Other
Legal Description of Nam. • Petition
Property to he Served (Mus B •r.lagsa• •' 7
Norseman Industrial Park 2nd il k am''
•e /eiv Belle
and Lot 3, Block ��' Belle
-
1 of Norseman 1st 'll'�14« ��• � Ut'' ,F
Borghi d Belle
(For City Use)
Date Received
Project No.
Council Consideration
g1 ._
• CITY OF EDEN PRAIRIE, MINNESOTA
PETITION FOR LOCAL IMPROVEMENT
To The Eden Prairie City Council: ' •
:he undersigned property owners herein petition the Eden Prairie City
Council to consider making the following described improrements(s):
(General Location)
. Sanitary Sewer Along Valley View Road from Washington
X Watermain Avenue to approximately 680 feet west
Storm Sewer of Washington Avenue as shown on
Street Paving Exhibit 1 •
Other • t.
-
Street Address or Other
Legal Description of N s o• Petitio s
Property to he Served (Mu B ropr-rty erne
Lots 1 and 2 of Noresman 2nd _1a�{„ ' «� 4.
erleiv Helle {;
y 4r
Bor hild Helle
•
I
•
(For City Use)
Date Received
•
Project No.
Council Consideration n
. CITY OF EDEN PRAIRIE, MINNESOTA .
PETITION FOR LOCAL IMPROVEMENT
•
To The Eden Prairie City Council: •
The undersigned property owners herein petition the Eden Prairie City
• Council to consider making the following described improverients(s): :,
(General Location)
• X Sanitary Sewer From an approximate point at the corner of
Watermain 74th Street and Lot 4 of Norseman 2nd
Storm Sewer extending west and north as shown on Exhibit 1; ,1
. Street Paving and along the east boundary of Norseman (.
Other Industrial Park 2nd as shown on Exhibit 1.
Street Address or Other
Legal Description of Names of Petitioners
Property to he Served (Must Be Property Owners) 'f
The .undersigned agree that Norseman Industrial 2nd and 4
unplatted parcel 1320 are the 100% beneficiaries of this improvement '1:
and agree to have the above described property fully assessed for the
cost of the sanitary sewer, subject of this pe ti n.
• Norseman Industrial 2nd and •
rleiv ei
unplatted parcel 1320
ia•-.*-7//eite.. . .
• Eorgha/id Helie •
;1
(For City use)
Date Received
Project No.
Council Consideration
•• 95 • .
•
MEMO A.
TO: Mayor Penzel and Members of the City Council ',
THROUGH: Roger Ulstad, City Manager ' '.
FROM: Carl Jullie, City Engineer .f
DATE: December 30, 1977
SUBJECT: Special Assessment Appeal •
Anderson Property (Parcel 0500)
T.H. 169 Improvements, I.C. 51-266
The attached letter dated December 9, 1977, has been submitted by Mr. Paul
Anderson as a formal objection to the recently levied assessments for T.H.
•
169 improvements against the above referenced parcel. The total amount
assessed against Parcel 0500 was $50,461.60 (560 feet @ $90.11). The Ander-
sons were paid $6,800 for the slope easements taken. These easements can
be vacated when the project is completed.
As a possible compromise solution to this appeal, the Council may wish to
consider reducing the assessable footage by 100 feet, thus reducing the
original assessment by $9,011.00. Funds from the sale of the residue right-
of-way parcel to Amoco ($9,766) could be used as an offset to this assessment
reduction.
We will be prepared to address the other concerns of Mr. Anderson's letter
at the Council's pleasure on Tuesday evening.
•
CJJ:kh
Attachment
•
9q
C.
LAW OFFICES HAROLD LEVANDER
.1ARTHUR GILLEN
ROGER C. MILLER
LeVander, Gillen, Miller & Magnuson PAUL A. M MILLER
N ‘,./.,"..i.,..:',,
HAROLD LEVANDER. JR.
PAUL H.ANDERSON
A02 DROVERS DANK BUILDING • 633 SOUTH CONCORD STREET TIMOTHY J. KUNTZ
SOUTH ST. PAUL. MINNESOTA 55075 • TELEPHONE .612. A51.1831
December 9, 1977
Mr. Carl Jullie
City Engineer
Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota
Re: Special Assessments - Highway 169-212
Parcel: Section 14, Parcel 0500
Dear Carl:
I am writing to you in response to your request that I
put in writing the objections regarding the above special
assessment that my father and I discussed with you on
Monday, December 5, 1977. There were three areas of con-
- cern that we discussed with you; (1) that notice of the
assessment hearing for Highway 169-212 was not sent to my
parents and therefore the assessment is invalid; (2) that
the assessment levied by the city is far in excess of any
special benefit to the property assessed, particularly when
the characteristics of this parcel and of the improvement
are taken into consideration; and (3) that any assessment
on this property must be deferred in light of representa-
tions made to me and my parents regarding the issuance of
building permits for this property.
At our meeting I informed you that my parents were very
surprised and upset to learn than an assessment had been
levied on this property for the improvement of Highway
169-212 since they had never received notice of the hearing.
My father discovered that an assessment had been levied when
he went to City Hall approximately ten days ago to ascertain
when the city would be levying the assessment and how much
the assessment would be. He was shocked to discover that
an assessment in excess of $50,000.00 had been levied.
Following the discovery, he immediately contacted me and I
then set up the meeting which we had with you.
•
Mr. Carl Jullie
December 9, 1977
Page 2
You informed me on Monday that your records indicated a
notice was sent out and that it was sent at the same time
as the notice for the trunk water and sewer assessment. In
fact an employee of the city stated that he remembered
sending out two notices regarding special assessments for
my parents. I stated that I would check my parents' records
again to see if there was any notice.
I have checked my parents' records again and have been unable
to find any notice of the Highway 169-212 assessment. There
was a notice for "trunk water and sewer" for "Sec. 14 -
parcel 0500 and Sec. 15 - parcel 0520" (attached hereto as
Exhibit A) . There was a notice for "trunk water and sewer"
for "Sec. 15 - parcel 0520" (attached hereto as Exhibit B).
These notices would have been received together sometime in
the early part of September, 1977. My parents file also
contains a notice of levied assessment for trunk sewer and
water for plat 56715 - parcel 0520 (attached hereto as
Exhibit C) . The postmark on the envelope for the notice
is October 20, 1977. These are the only notices which my ?.
'parents received.
I can speak with some assurance to the point that if my
parents had received notice of this hearing they would
have taken action, for whenever they receive a notice from
the city affecting their land, one of the first things they
always do is contact me about the notice. They did contact
me about the sewer and water assessment and I did send a
letter to the Council about this assessment which letter
was dated October 4, 1977. If notified of the assessment
about Highway 169-212, there would have been no question that
I would have appeared at the hearing to object to the f`
assessment.
I might add that the notice in Exhibit B appears to be a
partial duplicate of Exhibit A. It may be that an error was
made and a duplicate of the sewer and water assessment was ?i
sent out instead of a notice of the Highway 169-212 assess-
ment.
The second objection which was discussed was that this
7�
Mr. Carl Jullie
December 9, 1977
Page 3
assessment is far in excess of any benefit which accrues to
this property as a result of the improvement. The improve-
ment involved is the upgrading of Highway 169-212 to make it
a four lane highway. The assessment is based upon a front
foot assessment for 560 front feet. Quite frankly the upgrading
of Highway 169-212 has done little to benefit our property.
Some of the reasons for this conclusion are as follows:
1. Unlike other real estate which was assessed,
our property was not provided with any direct access
from Highway 169-212;
2. The improvement resulted in the raising of the
elevation of both Highway 169-212 and Eden Road
with respect to our parcel of real estate. Only
extensive filling has reduced this detriment;
3. The improvement resulted in the taking of a slope
easement which slope easement extends for over 300
•
feet along our present frontage on Highway 169-212;
4. Our real estate at certain points is more than
200 feet back from the centerline of Highway 169-212;
5. The Transportation Department holds a 50 foot
drainage easement which crosses our property at an
angle which effectively eliminates usage of nearly
100 feet of frontage;
6. The parcel of real estate involved is a crescent
shaped parcel with a very narrow strip which fronts
on Highway 169-212.
On Monday we discussed in detail each of the aforementioned
points and I will not review all the details in this letter.
However, I do believe that I should elaborate with respect
to point Number 6. In order to illustrate my point I have
prepared a drawing which shows the location of our parcel
of real estate, the slope easements, the drainage easement,
Highway 169-212, and Idlewilde Lake (commonly known as
Rosemount Pond). This drawing is enclosed as Exhibit D.
,i.
:
CI1
Mr. Carl Jullie
December 9, 1977
Page 4
I believe that this drawing fairly represents the character-
istics and dimensions of this parcel. Exhibit D only shows
part of our parcel. I have included an Exhibit E which
shows the total parcel which we own.
As you can see the East end of the parcel is very narrow,
•
approximately 100 feet at its narrowest point. It is at
this narrowest area that there is the slope easement which
further narrows the usable property. As I pointed out to
you on Monday, this narrow part of the parcel is not really
usable for a building site because of its narrowness, the
slope of the land, and the infringement of the slope easement.
At the very best it could be used only as an alley to connect
the parcels. To apply a uniform front foot easement to a
parcel such as this which, because of its unique character-
istics, cannot be intensively developed in direct relationship
to front footage, is unsupportable under the special benefit
theory uad approaches being confiscatory in nature.
Based upon my analysis there are at least 210 front feet
which because of the location of the highway, slope, and the
pond, should not be subject to assessment. To illustrate
this point I have drawn in dimensions and possible building
sites on Exhibit D. We have attempted to be realistic in
arriving at this figure and will be responsive to any in •
-
quiries which you may have regarding the basis for our con-
clusion.
When this project was proposed the city informed us that the
assessment for the improvement would be slightly in excess
of $30.00 per front foot. On Monday you informed us the
assessment was on a basis of $90.11 per front foot. We
•
believe this increase to be exhorbitant and completely
unrelated to any special benefit which theoretically accrued
to our real estate.
The third and final point which we discussed with you was
the question of deferment which I raised in my October
4, 1977 letter (Exhibit F) with respect to the sewer and water
assessments. To briefly review this point I stated that -
because the city said we cannot build on this parcel until
storm sewer is installed and since a storm sewer has not been
1;
A
Ji i
Mr. Carl Jullie
December 9, 1977
Page 5
installed even though it was requested in 1973, then any
assessment should be deferred until the storm sewer is
installed. In the alternative, if the assessment is to take
effect immediately, the city should then be willing to issue
a building permit. Are we to assume that since the assessment
has been levied that the city now takes the position it
will issue a building permit without the installation of
a storm sewer? We would appreciate an answer to this question.
I apologize for this lengthy letter, but I wanted to be as
specific as possible in stating the objections in hopes
that we can arrive at a mutually acceptable settlement of this
problem. In this regard my parents and I will make ourselves •
available to meet with you, other members of the city staff
and members of the Council to answer any questions and dis-
cuss means of resolving the objections we have. •
Very truly yours,
6:1241 (Alate4A-4.0-Y\-
Paul H. Anderson
PHA:em
Attachments
•
CITY Or EDEN PRAIRIE, MINNESOTA
• ii
. NOTICE or NEARING ON
t
• PROPOSED SPECIAL ASSESSMENTS
Notice is hereby given that the City Council of the City of Eden Prairie,
Minnesota, will meet on Tuesday, September 20, 1977, at 7:00 -O'clock P.M.
at the City Hall, located at 8950 Eden Prairie Road for the purpose of
holding a public hearing to consider the proposed assessments for the
following improvements:
•
The area to be assessed abutting upon or within the following described
limits:
•
•
/5[ _,0C✓2cJ---t' v -s p o
The proposed assessment rolls are on file with the City Clerk and in the
City Engineer's office. Written or oral objections thereto by any property
owners will be considered at this meeting.
Kathleen Hermann
Deputy City Clerk
Publish: Eden Prairie Community News •
August 31, 1977
{
ra.`6:t" A- w.0
•
CITY OP EDEN PRAIRIE, MINNESOTA
•
• NOTICE or HEARING ON
• PROPOSED SPECIAL ASSESSMENTS
Notice is hereby given that the City Council of the City of Eden Prairie,
Minnesota, will meet on Tuesday, September 20, 1977, at 7:00 •O'clock P.M.
at the City Hall, located at 8950 Eden Prairie Road for the purpose of .
holding a public hearing to consider the proposed assessments for the
following improvements:
The area to be assessed abutting upon or within the following described
limits: •
•
,ham
The proposed assessment rolls arc on file with the City Clerk and in the
City Engineer's office. Written or oral objections thereto by any property
owners will be considered at this meeting.
Kathleen Heimann
Deputy City Clerk
•
Publish: Eden Prairie Community News
August 31, 1977 •
•
•
•
•
E�h,b:- e 101
•
y=
gp,
CITY OrnCES/B9S0EDEN PRAIRIE ROAD 'EDEN PRAIRIE,MINNESOTA SS343, TELEPHONE i612)241•2262
Subject: 1977 Special Assessments Levied u ;7 I
For Public Improvements
Dear Property Owner:
On Tuesday, Oct. 4, 1977, the Eden Prairie City Council gave final approval
for the assessment of costs for various utility and street improvement
projects completed, or near completion. The Council also authorized the
• collection of several previously deferred trunk and lateral sewer and water •
benefits.
The Council has fixed the total assessment against your property as follows:
Plat Se,VS Parcel O5. 0
Description t W)fh✓ _&..t—d idij u.1
Total amount /3, 0S,S 6 9
/6 years spread G . Interest rate
The alternate methods of payment available to you are as follows:
1. Payment in full with no future interest charges may be made
ai. the City Hall on or before November 10, 1977. Partial
payments will also be accepted.
2. If the assessment is not paid in full by Nov. 10, the amount
will be spread over the years and interest rate as indicated
above. Payments will become due with your real estate taxes.
3. During the subsequent years, payment of the remaining balance may
be made at any time, however payment must be received on or
before Nov. 10 of any year to have the assessments removed from
the following year tax statement.
Property owners may appeal an assessment to district court pursuant to the
:-
law authorizing such an appeal by serving notice of appeal upon the mayor
or clerk of the City within 20 days after the adoption of the assessment
and filing such notice with the district court within 10 days after service
upon the mayor or clerk.
Senior citizens are reminded that special assessments deferments are avail-
able to them with the following general limitations: The property must be
homesteaded and have a market value of $75,000 or less and the combined
annual income of husband and wife does not exceed $9,000. Please contact
the City Engineering Dept office for further details.
J.
If you have any questions, please call us at 941-2262, 8:00 A.M. to 4:30 P.M.
CITY OF IDEN PRAIRIE .
PUBLIC tOEKS DEPA;R-MITT
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LAW OFFICES HAROLD LEVANDER
ARTHUR GILLEN
LeVander, Gillen, Miller & Magnuson ROGER C. MILLER
PAUL A. MAGNUSON
HAROLD LEVANDER.JR.
402 DROVERS BANK BUILDING • 633 SOUTH CONCORD STREET PAUL H.ANDERSON
TIMOTHY J. KUNTZ
SOUTH ST. PAUL. MINNESOTA 63076 • TELEPHONE 16121 451-1631
October 4, 1977
The Honorable Mayor and Village Council
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Re: Trunk Water and Sewer Assessments: Section 14, Parcel
0500 and Section 15, Parcel 0520
Mr. Mayor and Members of the Council:
Please be advised that I represent Mr. and Mrs. Calvin Anderson, the owners
of Parcels 0500, Section 14, Township 116, Range 22 and 0520, Section 15,
Township 116, Range 22, which parcels are proposed to be assessed for the
aforementioned improvements. It is Mr. and Mrs. Andersons' position that
the assessments with respect to the aforementioned parcels of land should
be deferred and they hereby make a request to the Council for said defer-
ment.
The first parcel in question, Parcel 0500, is located in the southwest quad-
rant of the intersection of West 78th Street and Highway 169. The parcel is
a crescent shaped parcel on the east end of Idlewilde Lake. It is our posi-
tion that, pursuant to a criteria previously set down by the Eden Prairie
City Council, the north one-half of this parcel is not "presently buildable
land" and therefore assessments should be deferred until it becomes buildable.
More particularly, in an appearance before the Eden Prairie Council in July
of 1972, the Council granted permission to Mr. and Mrs. Anderson to fill
certain areas of their land around the pond. The Council however, attached
the reservation that they would not issue any building permits for the pro-
perty until proper storm sewer drainage for the pond was provided.
In 1973 when the sanitary sewer was installed to Rosemount Engineering, Mr. •
and Mrs. Anderson specifically made a request to the City that at the time
the sanitary sewer was installed, that a storm sewer also he installed so
that their land would be buildable. I make particular reference to a letter
dated April 19, 1973 addressed to Mr. Robert Heinrich, the Eden Prairie Village
Manager. In said letter which was signed by me, I made the following point,
to-wit:
"A second point which I wish to raise at this time is the installa-
tion of a storm sewer to provide proper drainage of the pond just
east of Rosemount Engineering. It appears to us that not only is
it feasible but also practical that a storm sewer to accomodate
the watershed area of said pond be installed at the same time as
the sanitary sewer. In this regard, I can cite the problems already
//l
EXHIBIT F !
The Honorable Mayor and Village Council
October 4, 1977
Page 2.
caused by the blockage of the natural drainage course of
said pond by Foto-Mark, Interstate Highway 494 and State Trunk
Highway 5. Further problems are being caused by the alterations
in the pond watershed area to the southeast and sewage drainage
from the area where the WYE is presently located. This situation
will be further aggravated by the construction of the new addi-
tion on the Rosemount Engineering plant, and unless a storm sewer
system is installed to provide proper drainage for the pond, we
will be forced to enter objections to any expansion of the Rose-
mount Engineering plant."
The City in 1973, failed to authorize the installation of the storm sewer
drainage for Idlewilde Lake, however did agree to the deferment of assess-
ments on the basis of their own criteria that until the storm sewer was
installed, the land in question was not presently buildable. To date, a
storm sewer has not been installed and therefore the situation has not
changed with respect to said land. I believe tbat the same criteria holds
and that the assessments should be deferred on the same theory. I am
enclosing herewith, a copy of my letter of April 19, 1973 for your reference.
The second parcel of land in question is Parcel 0520 which is located south
of State Trunk Highway No. 5 and east of Purgatory Creek. This is a low-lying
parcel of land, one-half of which is below the elevation of 823 feet above
sea level and thus within the flood plain area designated by the Riley-
Purgatory Creek watershed district. The remaining portion of the land is
between the elevations of 823 and 832 feet above sea level. The portion of
the land within the flood plain area is not subject to development because
it is in fact within the flood plain area and the remaining portion is not
subject to immediate development because of its low elevation and the general
availability of other land for development in Eden Prairie.
I further give as a reason why the land is not subject to immediate develop-
ment, the uncertainty as to the location of State Trunk Highway No. 212.
Present plans provide that Highway 212 is to be built over a portion of Parcel
•
No. 0502 which is not within the flood plain. The construction date for
Highway 212 is indefinite. It has previously been on the top construction
priority list for the Minnesota Highway Department, however, its development
appears to he subject to repeated postponements. In any case, the fact that
the Minnesota Highway Department and the Village of Eden Prairie have plans
to cross this parcel of land with Highway 212 greatly affect the market-
ability of the property and limit its immediate use.
It is for the aforestated reasons that it is the position of Mr. and Mrs.
Anderson that the situation 'rith respect to their parcels of real estate is
unique and subject to special consideration by the Council for deferment.
I would appreciate it if you would consider their requests as set forth herein
and I hope that you will agree and grant them a deferment in their assessment.
•
The Honorable Mayor and Village Council
October 4, 1977
Page 3.
kr
If you do require any further information, or if I can be of any assis- •k
tance to you in reaching a conclusion, please feel free to contact me or
have one of your staff contact me at their convenience.
:•
Very truly yours,
Paul H. Anderson
Encl. '
PHA:lc
KY)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
AGREEMENT NO. ETA
CITY OR COUNTY OF
ENTERED
RESOLUTION
NO. 72-13
BE IT RESOLVED, That pursuant to statutory authority, the
(County) (Municipal) Engineer for and on behalf of
the (County) (Municipality) of
is hereby authorized to request and obtain from the Minnesota Department of
Transportation, needed engineering and technical services during the year of
, for Which payment will be made by the (County) (Municipality)
upcn receipt of verified claims from the CommissToner of Transportation.
ADOPTED by the Eden Prairie City Council on $,
Wolfgang H. Penzel, Mayor •I'
3
John D. Frane, Clerk(SEAL)
(Submit Certified Copies In Duplicate) •
f
Note: Attach certification by (Auditor) (Clerk) with each copy of the
resolution.
Page No. 3
/67
Mn/DOT . 30780 (11/78)
STATE OF MiNNESOTA
DEPARTMENT OF TRANSPORTATION
TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT
THIS AGREEMENT, made and entered Into by and between the State
of Minnesota acting through Its Commissioner of Transportation, hereinafter
referred to as the "State", and the County or City of
hereinafter referred to as the "User", WITNESSETH:
WHEREAS, the User, as evidenced by Resolution, a copy of which is
attached hereto and mado a part hereof as Exhibit A, does hereby request
1':
the State to furnish from time to time as needed and specifically requested,
technical and engineering assistance pursuant to M.S. 161.39; and ;
WHEREAS, The State is authorized to provide technical and engineering
assistance to other road authorities by M.S. 161.39, and is willing to do so;
NOW, THEREFORE, it Is mutually agreed by the parties hereto that: ,
-$
1. The State shall, upon written request by the User, provide
technical and engineering assistance and such other services as authorized
by M.S. 16i.39.
2. The State shad keep a record of its costs and expenses, r`
Including overhead costs, in providing assistance and services to the User
pursuant to Paragraph I above, and shall prepare an itemized statement thereof
showing the amount due hereunder and submit the same to the User on a (monthly)
(annual) basis.
3. The User agrees to pay to the Trunk Highway Fund of the State
of Minnesota ail monies due horeunder and as shown by the invoices or statements
submitted to the Usor, within 30 days after such submission.
Page No. 1
/iJA
IN WITNESS WHEREOF, the State and the User have caused these
presents to be executed by their respective officers.
COUNTY - CITY OF STATE OF MINNESOTA
•
1,
By (Chairman or President) By Commissioner of Transportation
.I.
•
By
(Auditor or City Clerk) (State Aid Engineer) 1:
Date Date ;.
(Corporate Seat)
Approved as to form and execution:
By
(Assistant Attorney General)
••
Page No. 2
CITY OF EDEN PRAIRIE '
HENNEPIN COUNTY, MINNESOTA
tin/DOT 30774 (Revised 12/77)
RESOLUTION NO. 72,14 • ;,
MINNESOTA DEPARTMENT OF TRANSPORTATION
FEDERAL AID FORM NO. III
Be it resolved that pursuant to Section 161.36, Subdivision 1
through 6, Minnesota Statutes, , the Commissioner of ; -
•
Transportation be appointed as agent of the City of
to let as its agent, contracts for the construction of portions of Municipal Streets,
for the year , and the Mayor and the Clerk are hereby authorized
and directed for and on behalf of the City Council to execute and enter into a
contract with the Commissioner of Transportation prescribing the terms and conditions
of such contracts in the form as set forth and contained in "Minnesota Department
of Transportation Agency Contract Form No. 30774" a copy of which said form was
before the Council, assuming on behalf of the City all of the contracture' obligations
therein contained.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
John D. Frane, Clerk
(SEAL)
(Submit in duplicate) •
Page No. 10
•
�1� •
Mn/DOT 30774 (Revised 12/77)
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGENCY CONTRACT
This Agreement made and entered into by and between the City of
herein after referred to as
the "City" aad the Commissioner of Transportation of the State of Minnesota
hereinafter referred to as the "Commissioner", WITNESSETH:
WHEREAS, pursuant to M.S. 161.36 the City of si
desires the Commissioner to act as its agent in accepting federal aid on the
City's behalf, for road and bridge construction and in contracting for the
construction, improvement or maintenance of roads or bridges financed either '
in whole or part with federal moneys: and
WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and .,
condition of the agency be set forth in an agreement:
NOW, THEN, IT IS AGREED:
- 1 -
That pursuant to M.S. 161.36, the City does hereby appoint the
Commissioner its agent with respect to all federally funded projects to be
let during the 19 calendar year, to accept and receive all Federal
funds made available for said projects and to let contracts pursuant to law
for the construction and improvement of City streets.
Each project to be covered by this agreement shall be programmed
by the submission to the Commissioner of a programming form together with a
certified copy of the resolution of the City Council requesting the
Commissioner to obtain federal approval for the project(s).
Page No. 1 •
i►2
Each contract will be in accordance with plans and special provisions
for said projecta on file in the Department of Transportation, State Transportation
Building, St. Paul, Minnesota 55155, and the latest edition of Standard
Specifications for Highway Construction promulgated by the Commissioner and all
amendments thereof, which said plans, special provisions and specifications are
made a part of this agreement by referenced as though fully set forth herein.
In the letting of said contract, it is hereby agreed that the
following procedure shall be followed, to-wit:
(a) The Commissioner shall cause the advertisements calling for
bids on said work to be published in the Construction Bulletin. He shall
also cause advertisements for bids to be published in the officially designated
newspaper of the City, which said local newspaper is hereby designated by the ; '
City to be the
published at
Said advertisement or call for bids shall specify that sealed proposals or bids .;
will be received by the City Clerk of on
behalf of the Commissioner as agent of said City. Proposals, plans and
specifications shall be available for the inspection of prospective bidders
at the office of the Department of Transportation, St. Paul, Minnesota 55155,
and at the office of said City Clerk and the advertisement shall so state.
The bids received in response to said advertisements for bids shall be opened
for and on behalf of the Commissioner by a District Director of the Department
of Transportation or such other engineer of the Department of Transportation
as may be from time to time selected by the Commissioner. After said bids shall
have been opened, the City Council shall first consider the same and thereupon
transmit to the Commissioner all bids received together with its recommendation
that the lowest bid submitted by a responsible bidder be accepted or that all
Page No. 2
IIa
bids be rejected. Upon receipt of all said bids, the Commissioner shall duly
cause all of said bids to be tabulated in accordance with law and shall thereupon ,
determine who is the lowest responsible bidder or shall reject all bids.
(b) The Commissioner shall supervise and have charge of the
construction of said projects after the same has been let. The City agrees I'
to furnish its City Engineer or such other registered engineer and assign ,
him to the active supervision and direction of the work to be performed under
any contract let for the aforesaid projects, Said engineer so assigned shall
act under the supervision and direction of the Commissioner. The City further
agrees to furnish such other men, services, supplies and equipment as shall be
necessary in order to properly supervise and carry on said work.
(c) The Commissioner may make such changes in the plans or the
character of the work as shall be recommended by the engineer in charge of
the work. If he concurs in such recommendations, the Commissioner may enter
into for and on behalf of the City supplemental agreements with the contractor
for the performance of any extra work or work occasioned by any necessary,
advantageous, or desirable change in plans or construction.
It is understood by the City that the Commissioner cannot personally
investigate and pass judgment on the various items of extra work and plan
changes necessary and desirable during the construction of the projects but
that he must delegate such duties to engineers under his supervision and
control that are employed by the Department of Transportation.
Page No. 3
��u
1.
The City does hereby authorize these engineers, so delegated by the Commissioner,
to enter into for and on behalf of the City the supplemental agreements specified
in the preceding paragraph hereof. •
=,
(d) The City hereby authorizes its City Engineer for and on behalf
of the City, from time to time, during the progress of the work on said projects,
to request the Commissioner to furnish for use on said projects specific
engineering services to be performed by skilled employees of the Department of
Transportation. The Commissioner may but is not obligated to furnish the
services so requested. if the Commissioner in compliance with such request
shall furnish for the use of the City on said projects the services of any ;
Minnesota Department of Transportation employee, then and in that event, the
City agrees to reimburse the Trunk Highway Fund for the full cost and expense
of the furnishing of such services including all costs and expenses of any
kind or nature whatsoever arising out of, couoected with, or incidental co the t`
furnishing of such services.
(e) The Commissioner shall receive the funds to be paid by the
City and the funds to be paid by the United States as federal aid funds, for
.
said projects and to pay therefrom when due any and all sums that may become
due the contractor to whom the contract is awarded, and upon final completion
and acceptance of the work, to pay from said funds the final estimate to said
contractor for said work.
(f) The Commissioner shall perform on behalf of the City all other
acts and things necessary to cause said projects to be completed in a satisfactory
manner.
I
i
Page No. 4
t!5
i
further anticipated that the contracts to be let by the Commissioner as the -
agent of the City for the construction of said projects shall provide that f.
the contractor, as the work progresses, shall, from time to time, be paid
partial payments designated in said contract as partial estimates and on
the completion and acceptance of said work to be paid a final payment !
designated in said contract as a final estimate for all work performed. 3
The City further agrees that any City funds and/or Municipal '.
State Aid funds to be applied to any contract covered by this agreement shall
be deposited with the Commissioner in accordance with 14 MCAR Section 1.5032.
At regular monthly intervals after the contractors shall have
started work under the contracts let by the Commissioner as agent for the City
for the construction of said projects, the engineer assigned to and in charge
of said work shall prepare a partial estimate in accordance with the terms of
said contracts let for said projects and the procedures established by. the
Office of Construction, Department of Transportation. The said engineer
in charge of said work shall immediately after preparing each partial estimate,
transmit the same to the Commissioner in quintuplicate. Each such partial
estimate, shall be certified by the engineer in charge and by the contractor
performing such work. The said engineer assigned to and in charge of said work •
shall also prepare and submit to the Commissioner the final estimate data, together
with the required project records in accordance with the terms of said contracts
let for said projects. Quantities listed on said partial and final estimates •
shall be documented in accordance with the guidelines set forth in the
applicable documentation manual. After the approved final estimate has been
Page No. 6
I
(g) The Commissioner may enter into any agreement for and on
behalf of the City with the United States or any officer or agent thereof
that may be required or necessary for the purpose of procuring and actually
causing to be paid the federal aid funds available for said projects and to
that end to bind and commit the City in such agreement to the performance of
any and all things required by any law of the United States or of any rule
and regulation issued by federal authority pertaining thereto necessary for
the purpose of procuring and having paid the federal aid available for said
projects.
(h) The Commissioner may perform on.behalf of the City any other
and further acts as may be necessary or required under any law of the United
States or of any rule or regulation issued by proper federal authority in
order to cause said projects to be completed and to obtain and receive the =+
federal aid made available therefor.
_ 2 — ,
The City agrees that it will from time to time, after the execution
of this agreement, make such reports, keep such records and perform such
work in such manner and time as the Commissioner shall from time to time
request and direct so as to enable the Commissioner as its agent to collect ? '
for it the federal aid sought. Said records and reports shall be retained
by the City in accordance with the Commissioner's record retention schedule
for federal aid projects.
3 _
It is anticipated that the Federal Government will pay to the 4.
Commissioner as the agent of the City the federal aid funds available to
said City toward the construction of said projects. It is
Page No. 5 I'p
•
submitted to the Commissioner, the City will pay to the Commissioner that
amount which together with the federal funds received for that project will
be sufficient to pay all the contract costs of the project. •
- 4 -
When the contractor shall have completed the work on said projects, •
the City agrees to inspect the same and forthwith upon the completion of said
inspection advise the Commissioner whether or not the work performed should be,
by the Commissioner as its agent, accepted as being performed in a satisfactory
manner. In the event the City should, after said inspection, recommend to the
Commissioner that he should not accept said work, then the City shall at
the time such recommendation is made specify in particularity the defects
in said work and the reasons why the work should not be accepted. It is
further agreed that any recommendations made by the City are not binding
•
on the Commissioner but that he shall have the right to determine whether or
not the work has been acceptably performed and to accept or reject the work
performed under any said contract.
- 5 -
It is further agreed that the decision of the Commissioner on the
several matters herein set forth shall be final, binding and conclusive on
the parties hereto. •
•
Page No. 7 •
ug •
- 6 -
It is anticipated that the entire cost of said projects is to
be paid from funds made available by the United States, by way of federal aid,
and by the City. If for any reason the United States fails to pay any part
of the cost or expense of said projects, then and in that event the City agrees
to pay the same. The City further agrees to pay any and all claims or demands
of any kind or nature whatsoever arising out of or incidental to the performance
of the work under any contract let for said projects in the event that the y:
federal government does not pay the same, and in all events, agrees to save the
State of Minnesota and the Commissioner harmless and to pay any and all expenses
and costs connected with said projects-or the Construction thereof which the
federal government does not pay.
The City further agrees that
1) Where there is federal aid in right-of-way -- The City will
meet the requirements contained in the Federal Aid Highway Program Manual
Volume 7. Note: If there is federal aid just in relocation, the contract
discussed in Chapter 5, Section 1, Paragraph 10C, of said Volume 7, must be f99
i:'i'
executed.
2) Where there is federal aid in construction only --The City
E4
will meet the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Policy Act of 1970 together with FHWA regulations implementing
Title II of the Act on relocation (FHPM Volume 7, Chapter 5); and Federal Aid
Highway Program Manual Volume 7, Chapter 1, Section 4, Paragraph 5A pertaining
to civil rights.
- 8 - ,
The Commissioner accepts this said appointment as agent of the
City and agrees to act in accordance herewith.
Page No. 8
119 •
•
DATE CITY OF :1
RECOMMENDED FOR APPROVAL BY
Mayor
Attest:
Director, Office of State Aid Date City Clerk
APPROVED AS TO FORM AND EXECUTION: STATE OF MINNESOTA
BY
Commissioner of Transportation
DATE 'DATE
(Submit in Duplicate) (SEAL)
Page No. 9
IA()
Clerk's License List (page two)
PLUMBING (con't.) HEAPING & VENTILATING (con't.)
Egan & Sons Co. C. O. Carlson Air Conditioning Co.
Hoglund Mechanical Contractors Centraire, Inc.
Hopkins Plumbing & Heating Co. Climate Engineering
Horwitz Mechanical, Inc. Cool-Temp, Inc.
Jerry's Plumbing Cronstrom's Heating & Air Conditioning
Metropolitan Mechanical Contr. Del Air Conditioning, Inc.
Minnesota Valley Plumbing Egan & Sons Co.
Tom Motzko Plumbing & Heating Jack Gores & Sons
Motz Plumbing & Heating Hoglund Mechanical Contractors, Inc.
Murphy Plumbing & Heating Horwitz Mechanical, Inc.
Northern Plumbing Metropolitan Mechanical Contr.
Pokorney Plumbing & Heating Northwestern Service, Inc.
Project Plumbing Pokorney Plumbing & Heating
Richfield Plumbing Co. Rouse Mechanical
Southwest Plumbing Royal Plumbing & Heating
Standard Plumbing & Appliance Co. Seasonl Control Co.
Superior Contractors, Inc. George Sedgwick Heating & Air Cond.
Swanson & Schiager Standard Heating & Air Cond.
Thompson Plumbing Co. Suburban Heating & Air Cond.
United Water & Sewer Co. Superior Contractors, Inc.
Welter & Blaylock, Inc. Thompson Air Conditioning Co.
Westonka Plumbing & Heating Inc. Fred Vogt and Co. •
West Suburban Plumbing Ray N. Welter Heating Co.
West End Air Conditioning
GAS FITTER Yale, Inc.
Climate Engineering FOOD ESTABLISHMENT - TYPE A
Cronstrom's Heating & Air Cond. 4
. Del Air Conditioning Inc. Carousel Snack Bars of Minnesota, Inc.
Gas Supply Inc. Genghis Khan of Sapporo
Hoglund Mechanical Contr. Jake's Pizza & Ice Cream
Horwitz Mechanical, Inc. McDonalds
Metropolitan Mechanical Contr. McGlynn Bakeries, Inc.
Minneapolis Gas Co. Penny's Supermarket
Murphy Plumbing & Heating Sears, Roebuck and Co.
Northern Propane Gas Co.
Rouse Mechanical FOOD ESTABLISHMENT - TYPE B
Seasonal Control Company
•
George Sedgwick Heating & Air Cond. Viking Pioneer, Inc.
Standard Heating & Air Cond.
Suburban Heating & Air Cond. FOOD ESTABLISHMENT - TYPE C
Superior Contractors, Inc.
Fred Vogt and Co. Eden Prairie Grocery
Ray N. Welter Heating Co. Edenvale, Inc.
West End Air Cond. Karp's Twin City Supply •
Yale, Inc. Movies at Eden Prairie
My Cheese Shop .,
HEATING & VENTILATING Nutrition World, Inc.
Olympic Hills Golf Club
Air Comfort, Inc. Orange Julius
Allan Heating & Air Cond. Worrell's Valley Diary
A. Binder & Son, Inc. '(
Blaine Heating, Air Cond. & Elec.
n
Clerk's License List (page three)
•
FOOD ESTABLISHMENT - SNACK BAR
Baskin - Robbins Ice Cream
RETAIL CANDY OUTLET
Fanny Farmer Candy Shops
Fannie May Candy Shops
Sears, Roebuck and Co.
Worrell's Valley Diary
VENDING MACHINES
Gold Medal Beverage
Coca Cola Bottling
Cedar Hills Golf & Ski
Canteen Company of Minnesota
Eden Prairie Skelly
Worrell's Valley Dairy
CIGARETTES & TOBACCO
Roberts Drug •
These licenses have been approved by the department head responsible
for the licensed activity.
Cam/
Rebecca Quernemoen, Deputy Clerk
1913
•
•
•
12-30-77 8339 INSTRUMENTATION SERVICES, INC. Radar repair-Public Safety 64.00
8340 INTERNATIONAL UNION OF
OPERATING ENGINEERS December dues withheld 187.00
8341 ITISCA EQUIPMENT CO. Equipment parts .“- • - = 3D2.75
8342 MARK JOHNSTON Mileage-CETA program 27.90
8343 CARL JULLIE December expenses 114.93
8344 JAMES JENSEN Mileage-Planning dept. 144.34
8345 REBECCA KNOULTON Gymnastics instructions 10.00
8346 KARULF HARDWARE Supplies-Fire dept. account 11.79
8347 KARULF HARDWARE Supplies-City Hall account 294.98
8348 CARL KEVLIN Tree subsidy 2,700.00
8349 EDWARD KRAEMER & SONS Gravel-Community Development
project 76.52
8350 JULIA KUCHER Tree subsidy 400.00
8351 BRIAN SINYKIN Tree subsidy 200.00
8352 LOCAL GOVERNMENT INFORMATION
SYSTEMS November service 1,058.52
8353 LANDCO EQUIPMENT, INC. Equipment repair-Tree Disease 43.00
8354 LEEF BROTHERS, INC. Rugs and rags 12.50
8355 MID-CENTRAL FIRE & SAFETY Fog nozzel-Park Maint dept. 24.00
8356 MILLER DAVIS CO. Special assessment forms 85.00
8357 MINNETONKA Opus II utilities 331,578.45
8358 MINNEGASCO Service 144.42
8359 MINNESOTA VALLEY ELECTRIC Service 3.25
8360 MINNEAPOLIS OXYGEN CO. Oxygen and acetylene-City Garage 26.94
8361 NORTHERN STATES POWER CO. Service-Information by computer
Public Information dept. 6.09
8362 NORTHERN STATES POWER Service 2,582.49
8363 NORTHWESTERN BELL Service 1,824.11
8364 OLYMPIC HILLS CORP-CALVIN
DINHAM Tree subsidy 50.OD
8365 U. S. POSTMASTER Renewal of bulk mail permit 40.00
8366 PRAIRIE LAWN & GARDEN Equipment parts 3.85
8367 RICHHARD PUTNA?1 October expenses 103.00
8363 H. A. ROGERS Supplies-Engineering dept. 57.05
8369 R. C. PRINTING CO. Liquor ID cards 8.00
8370 DEBRA RAY Refund on theatre tickets 16.25
8371 ROOT-O-MATIC Service-Sewer dept. 110.25
8372 EARL & MARGARET SMITH Contract for deed payment 21,200.00
8373 STATE OF MINNESOTA Inspection service-TH169-494 15,005.26
8374 DON SCHEIBE Tree subsidy 125.00
8375 DONNA STANLEY December services 94.50
8376 SEARS ROEBUCK Tool set and rack-Water dept. 600.36
8377 G. M. STEWART LUMBER CO. Materials-Preserve Park warming
house 164.3E
8378 BOB TYSDN Parking expenses 2.25 :=
8379 RAY TER'WILLIGER Refund on amount paid for council
agenda and minutes 48.00
8330 TWIN CITIES TREE TRUST Final share for Co-op tree nursery 116.75
8381 ROGER ULSTAD January expenses 100.00 :
8382 UNION DIL CO. Oil and hyd/trac fluid-Equipment
Maint. dept. 334.50
8383 VAN WATERS & ROGERS Chlorine-Water dept. 188.50 `f!
8384 WATER PRODUCTS CO. Meters and repair supplies-Water
dept. 1,478.34 i
ix,
12-30-77 8385 ZECO COMPANY Equipment parts 27.05
8386 ZIEGLER, INC. Equipment parts 214.72
TOTAL 478,971.71
•
•
•
12p
•
STATE OF t•IINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
12-30-77 82998 CYNDI ANDERSON Refund on figure skating 5.00
•
8299 ACRO-MINNESOTA, INC. Office supplies .
8300 EARL ANDERSEN Breakaways for traffic signaling 35.70
.
8301 BROWN PHOTO Supplies-Fire dept. 212.25
8302 BLOOMINGTON LOCKSMITH CO. Desk drawer locks-City Hall
8303 BRAUN ENGINEERING TESTING Service-Scenic Heights upgrading 465.00
8304 BATTERY & TIRE WAREHOUSE. Equipment parts 112.19
8305 BRAUN ENGINEERING TESTING homeward Hill Rd. Imp. 358.50
8306 BRAUER & ASSOCIATES Service-Guide plan update and
Scenic Heights upgrading 9,286.95
8307 CITY OF MINNETONKA Utility bill received and deposited
by mistake 9.62
8308 CITY OE EDINA Water sample tests 43.50
8309 COPY EQUIPMENT, INC. Supplies-Park planning dept. 17.29
8310 CURTIN MATHESON SCIENTIFIC Supplies-Water dept. 41.93
8311 JAMES CROWNOVER Tree subsidy 100.00
8312 DALCO Laundry detergent-Fire dept. 44.20
8313 DALCO Suppl ies-Water dept. 331.31
8314 DORHOLT PRINTING Printing service 364.34
8315 CHRIS ENGER Mileage-Planning dept. 104.24
8316 EMMER DISTRIBUTION CENTERS Material-Community Development
project - Preserve Park 982.10
8317 ELECTRIC SERVICE CO. Two civil defense sirens 17,710.00
8310 ENABLERS, INC. Subscription Recreation dept. 5.00
8319 FINANCE ANO C01t1ERCE Subscription-Assessing dept. 40.00
8320 JOHN FRANC December expenses 112.20
8321 FEED-RITE CONTROLS, INC. Ferric sulfate-Water dept. 1,100.00
8322 FUTURE PUBLICATION, INC. Volleyball supplies 66.40
8323 DAN GIESE Tree subsidy 125.00
8324 GLENROSE FLORAL Flowers-Harlan Perbix 70.00
8325 GENERAL SAFETY EQUIPMENT CO. Fire truck repairs-Reimbursed by
insurance 183.00
8326 ANGELA GRIMES Refund on figure skating 5.0G
8327 GREAT LAKES COAL Coke-Community Development project 136.80
8328 GRANT BATTERY SALES Battery for equipment 14.66
3329 GLIDDEN PAINT Paint-Park Maint. 79.10
8330 GENERAL COM11UNICATIOIS Radio repair-Fire dept. 11.55
8331 HENNEPIN VOCATIONAL SCHOOL Food charges for Human Rights
meeting 3.75
8332 HENNEPIN COUNTY Steel posts-Park Maint. dept. 754.69
8333 MARTIN HELLMAN Mini-rink rental 1.00
8334 HENNEPIN COUNTY Wood chipper tental-Tree Disease 1,467.94
8335 tIANUS BUS CO. Service-Community Services dept. 45.00
8336 HALVERSON CANDY CO. Purchases for beach concessions 188.80
8337 HOPKINS RADIATOR SERVICE Equipment repair 58.00
8338 VOID
STATE OF MINNESOOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
Seasonal flag for City Hall 38.50
12-16-77 8265 M. W. MILLER CO.8266 HUSTAD DEVELOPMENT CORP. Mini rink rental 1.001.00
8267 EDEN LAND CORPORATION Mini rink rental 1.00
8268 MR. & MRS. JERROLD MILL Mini rink rental 2 00
8269 ECKLUND & SWEDLUND Mini rink rental .00
8270 GLEN DIX Mini rink rental 1.00
8271 ZACHMAN HOMES Mini rink rental
12-19-77 3272 JOHNSON BROTHERS WHOLESALE Liquor 1,002.39
LIQUOR 512.3 9
8273 INTERCONTINENTAL PACKAGING Wine
8274 li1TERCONTINENTAL ENGINEERING escrow 27,39
0.92
& DEVELOPMENT CO. Refund of71.92
8275 GOLD MEDAL BEVERAGE CO. Pop for liquor store 71. 0
8276 JEAN JOHNSON Refund of expenses 1,260.01
8277 GRIGGS, COOPER & CO. Liquor
12-21-77 8278 UNIVERSITY OF i1INNES0TA Workshop
gfor
splumbing
and 180.00
2.13 2
8279 ED PHILLIPS & SONS CO. Liquor 3,252.13
8280 OLD PEORIA COMPANY, INC. Liquor 16.14
8281 i11STY-PRINTS Printing-Crime Prevention grant
12-23-77 3282 INSTY-PRINTS Printing-Crime Prevention grant 4.50
T ewriter repair-Public Safety 22.8D
8283 SCi•1 CORPORATION yP 4
8284 EAGLE DISTRIBUTING Wine 270.14
8285 GRIGGS, COOPER & CO. Liquor 2 279.17
8286 TWIN CITY WINE CO. Wine
Tickets for Holiday theatre trip- 36.00
12-28-77 8287 OLD LOG THEATRE Community Services dept.
8288 PUBLIC EMPLOYEES RETIREMENT Employees
suwithheld30 and
aeemployercontri 2,774.73
8289 STATE OF MINNESOTA Taxes withheld for December 6,755.2E:
8290 FEDERAL RESERVE BANK Taxes wi thheld-12-23 and 12-30 7,209 12
payroll
8291 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer
contribution 12-23 payroll 5,254 9I
8292 SUBURBAN NATIONAL BANK Bonds deducted for December 450.00 ;:
8293 UNITED WAY Donations withheld 12-23 and 12-30
payroll 36.02436.02 1,
8294 JOHNSON BROTHERS Liquor
1,009.27 K:.
8295 MIDWEST WINE CO. Wine 8.81
8296 EAGLE DISTRIBUTING CO. Wine 4 18.8971 R;
8297 OLD PEORIA COMPANY Liquor :I
Liquor and wine 960.92
8337 ED PHILLIPS & SONS Li Wine 420.38
8380 QUALITY WINE CO.
8339 MINNESOTA DISTILLERS, INC. liquor 1,675.68 ,
SUB TOTAL 62,455.85
rid