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HomeMy WebLinkAboutCity Council - 09/19/1978JOHN FRAME EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 19,1978 COUNCIL MEMBERS: COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; Finance Director John Franc; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. PROGRESS REPORT ON ROAD ALIGNMENT OF VALLEY VIEW ROAD/ROUND LAKE PARK III. CONSIDERATION OF DRAFT MOTION REGARDING STREET ALIGNMENT FOR LAKE TRAIL ESTATES IV. CONSENT CALENDAR A. Payment of Claims Nos. 1474 - 1641 B. Set Public Hearing for Eden Prairie Grocery for October 17, 1978 C. Set Public Hearing for Menards for October 17, 1978 D. T.H. 169/1-494 Ramp Signals Agreement with D.O.T. (Resolution No. 78-171) E. Approve plans and specifications and order advertisement for bids for Lotus View Drive (I.C. 51-321) street improvements (Resolution No. 78-172) F. Final plat approval for Yorkshire Point (Resolution No. 78-173) V. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation, to Pages 882, rezone from Rural to RN 6.5 and preliminary_plat approval 1215, 134E (Resolution No. 78-106 and Ordinance No. 78--3T) ConTinued from 1548, 1973 September 5, 1978 2101 B. Anderson Lakes Parkway Apartments by The Preserve, request to rezone approximately 9 acres from Rural to RN 2.5 for 126 rental apartment units (Ordinance No. 78-40 .1 Continued from September 5, 1978. Pages 1978 2102,2289 C. Bluff's West 2nd Addition_by Dusted Development Corpo..ation by Hustad, Page 2105 Dr. & Mrs. Brandt, .Jici B.F.I. Recffst for rezoning from Rural to 2290 R1-13.5 and approval of revised_preliminarv_plat of approximately 194 units on q7 acres Site is located north of Riverview Road and west of Homeward Hills Road (Ordinance No. 78-41 & Resolution No. 78-154) Continued from September 5, 1978 Page 2264 Page 2272 Page 2273 Page 2274 Page 2275 Page 2276 Page 2278 Page 2286 Council Agenda - 2 - Tues.,September 19, 1978 V. PUBLIC HEARINGS (continued) D. 1978 Special Assessment Hearing (Resolution No. 78-169) Page 2299 E. 1979 City Budget VI. REPORTS OF ADVISORY COMMISSIONS VII. ORDINANCES & RESOLUTIONS A. Discussion of issuing MIDB's using mortgages instead of bonds. PAqp A2300 (Mr. Pauly and Mr. Frane) B. Resolution No. 78-174, granting preliminary approval for MIDB's for Page 2300 Blackbourn, Inc. C. Resolution No. 78-175, granting preliminary approval for MIDB's for Page 2301 Thrift-Way, Inc. D. Resolution No. 78-177, granting final approval for MIDB's for the Page 2301F Gelco Corporation. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of City Manager I. Addition to Liquor Store Operation Page 2302 B. Report of City Attorney C. Report of Director of Community Services 1. Receive and award bids for tennis courts at Prairie View Page 2303 and Round Lake 2. Leaf Recycling Center Page 2305 3. Relocation Assistance for John Bren Page 2310 D. Report of City Engineer 1. Receive 100% petition and order watermain, storm sewer and Page 2312 street improvements on E/W road past AMOCO site between T.H. 169 and Eden Road (Resolution No. 78-170) IX. NEW BUSINESS X. ADJOURNMENT. 03-11-78 1206 08-31-78 1474 1475 09-01-78 1476 1477 1478 1479 1480 1481 1482 09-06-78 1433 1484 1485 1486 09-07-78 1487 1488 1489 09-08-78 1490 1491 09-11-78 4492 VOID CHECK HOPKINS POSTMASTER LITCHFIELD MIDWEST COR ED PHILLIPS QUALITY WINE CO. JOHNSON BROTHERS . INTERCONTINENTAL PACKAGING CO. TWIN CITY WINE CO. GRIGGS COOPER & CO. EAGLE DISTRIBUTING UNITED WAY FEDERAL RESERVE BANK PUBLIC EMPLOYEES RETIREMENT ASSN. MINNEAPOLIS MUSICIANS ASSN. PRAIRIE VILLAGE MALL ASSN. HOPKINS POSTMASTER INSTY PRINTS PETTY CASH HOPKINS POSTMASTER ECKLUND & SWEDLUND 1493 INTERCONTINENTAL PACKAGING 1494 JOHNSON BROTHERS 1495 OLD PEORIA CO., INC. 1496 GRIGGS COOPER & CO. 1497 MIDWEST WINE CO. 1498 QUALITY WINE CO. 1499 EAGLE DISTRIBUTING 1500 ED PHILLIPS 1501 HOPKINS POSTMASTER 1502 DALE SCHMIDT 09-15-70 1503 METROPOLITAN WASTE CONTROL COMMISSION 1504 STATE OF MINNESOTA 1505 PETTY CASH 09-15-78 1506 AMERICAN NATIONAL BANK 1507 AITKIN FLOWERS 1508 ABBEY RENTS 1509 AQUATROL CORP. September 19, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: (205.27) Utility bills postage 107.20 P. Easement-Scenic Heights Upgrading 5,868.57 Liquor 897.45 Wine 555.81 Wine & liquor 1,123.13 Wine 298.87 Wine 300.18 Liquor 584.17 Wine 182.80 Donations withheld 9-1 payroll 27.12 Taxes withheld 9-1 payroll 8,265.51 Employees withheld and employer contributions 9-1 payroll 6,149.18 Concert-Community services dept. 544.50 Rent-Liquor store 1,014.38 Postage-Community services brochure and newsletter 395.90 Service-Public Safety dept. 3.60 Reimburse fund-City Hall 47.49 Postage-Community services brochure and newsletter 28.31 Material and labor to finish council room 3,092.80 Wine 434.41 Liquor 480.31 Liquor 396.54 Liquor 918.40 Wine 817.07 Wine 667.58 Liquor and wine 496.65 Liquor 2,068.40 Postage for meter 1,000.00 Expenses for picking up Civil Defense truck 50.00 August SAC charges collected 36,664.65 August sales tax collected 2,326.38 Reimbursement of fund-City Hall 73.67 Bond payment 250.73 Flowers 20.80 Tables-City Hall addition 73.98 Service-Water dept. 147.48 September 19, 1978 09-15-78 1510 1511 1512 BLOOMINGTON LOCKSMITH Keys-Public Safety dept. 1513 BARBER CONSTRUCTION Truck rental-Preserve Park Community Development project 1514 BROWN PHOTO Services-Public Safety dept. 1515 BRAUER & ASSOC. Services-Scenic Heights Upgrading 1516 BATTERY TIRE WAREHOUSE Equipment parts 1517 BELL1S PAPER Supplies-Liquor store 1518 BRUNSON INSTRUMENT CO. Repair parts-Water dept. 1519 BRYAN AGGREGATES Rock-Street Maint. 1520 CLUTCH & U-JOINT Equipment parts 1521 CHANHASSEN AUTO PARTS Equipment parts 1522 CHANHASSEN LAWN & spoRTs Ropes and oil-Tree Disease 1523 CROWN RUBBER STAMP Desk plate-City Hall 1524 DEZURIK Supplies-Water dept. 1525 EDEN PRAIRIE HEATING Heating system-Bryant Lake Park 1526 ECKLUND & SWEDLUND City Hall improvements 1527 EDEN PRAIRIE SANITATION August services 1528 EDEN PRAIRIE NEWS August legal ads 1529 ELK RIVER CONCRETE Pipe-Drainage control 1530 EDEN PRAIRIE NEWS Subscription-Crime Prevention Unit 1531 STUART FOX Mileage-Tree Disease 1532 C. O. FIELD COMPANY Contract-New fire stations 1533 FUTURE PUBLICATION Services-Community service dept. 1534 "N1SHA FICKES Mileage-Community Development project 1535 FEED-RITE CONTROLS, INC. Rust preventive-Water dept. 1536 FORESTRY SUPPLIERS Paint-Tree Disease 1537 FRONTIER LUMBER Materials 1538 GOLD MEDAL BEVERAGE Pop for concessions 1539 GENERAL COMMUNICATIONS Radio repairs-Public Safety dept. 1540 GUNNAR ELECTRIC CO. Service-City Hall addition 1541 JACK HACKING Expenses 1542 JOYCE HOLTE Mileage to and from school 1543 HENNEPIN COUNTY Modification of radio-Public Safety dept. 1544 DIANNE HANSON Mileage-General services 1545 HARMON GLASS Replace windshield on truck 1546 ITASCA EQUIPMENT Equipment parts 1547 KEVIN JOHNSON Mileage-Assessing dept. 1548 ELIZABETH JOHNSON August services 1549 EDWARD KRAEMER & SONS Rock-Bryant Lake Trail grant 1550 KARULF HARDWARE Supplies 1551 KRAEMER'S HARDWARE Supplies 1552 ALICE LEER-EDEN PRAIRIE STABLES Horseback riding instructions-Community services dept. 1553 ROBERT LAMBERT July and August expenses 1554 LIONS TAP, INC. Refund on football entry fee 1555 LEEF BROTHERS Services 1556 LONG LAKE FORD TRACTOR Equipment parts 1557 LUND PAINT Paint-City Hall addition 1558 ROBERT MARTZ September expenses 1559 M.R.P.A. Conference registration-R. Lambert, Sandy Werts and Dick Anderson 1560 MEDCENTER HEALTH PLAN Sept. insurance 663.21 842.00 18.40 409.50 13.40 8,011.21 15.75 211.84 44.50 195.62 51.50 224.08 8.15 24.27 121.78 1,450.00 1,235.78 22.50 589.02 203.84 8.50 66.75 102,669.23 2.00 47.10 37.26 5.78 151.95 169.00 39.15 56.85 27.10 20.00 87.99 11.40 68.24 15.60 3.60 155.79 769.01 193.46 283.51 165.00 205.00 22.00 123.05 83.81 119.30 120.85 117.00 ASTLEFORD EQUIPMENT Equipment parts EARL ANDERSEN Street signs 1,003.41 3F\ r lb -78 1561 MINNESOTA LAND SURVEYORS ASSN. 1562 MAYVIEW RADIO METROPOLITAN ANIMAL PATROL MINNESOTA RECREATION & PARK ASSN. METROPOLITAN WASTE CONTROL COMMISSION MINNEGASCO MID-CENTRAL FIRE & SAFETY CO. MIDWEST ASPHALT CORP. METROPOLITAN FIRE EQUIPMENT MINNESOTA FIRE, INC. NORTHWESTERN NATIONAL BANK NATIONAL RECREATION & PARK ASSN. NEWLAND FEED CO. 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 NORTHERN STATES POWER 1575 NORTHWESTERN BELL 1576 NORTHERN STATES POWER ,T577 OSWALD FIRE HOSE 1578 PHOTO MILL 1579 PINK SUPPLY CORPORATION 1580 PEPSI-COLA 1531 PHYSICIANS HEALTH PLAN 1532 BECKI QUERNEMOEN 1583 PITNEY BOWES 1584 RIEKE-CARROLL-MULLER. September 19, 1978 Book-Engineering dept. 6.00 Add to tower section at PD $80, radio repairs $65 145.05 August services 551.00 Team registration-Community services 24.00 Sewer service charges for October 13,456.19 Services 3.00 Hydrant gaskets-Fire dept. 8.80 Asphalt-Street Maint. 2,325.47 Supplies-Fire dept. 84.00 Repair tanks-Fire dept. 156.27 Bond payment 129,073.55 Dues-Sandy Werts 50.00 1,050 bales hay-Community Development project 652.24 Service-Public Information dept. 5.53 Serv 4-e 13.00 Service 349.95 Hose-Fire dept. 6,876.40 Film-Assessing dept. 165.78 Car wash towels-City Garage 115.00 Pop for machines 118.20 Services-Lochanburn area, Amco on TH169, INC. R. Lake area Swr&wtr., Eden View I, Super Value SWR., Norseman Park 2nd, Homeward Hill Rd. Imp., Country Vista SWR-WTR., Cross Town Ind. Park, 24,348.06 1585 STREMEL BROS. MFG. CO . Repair steel door-Water dept. 161.04 1586 SOUTH-TOWN REFRIGERATION Repair ice cuber-Liquor store 28.75 1587 STEWART SANDWICHES Sandwiches for concessions 43.16 1588 GORDON SMITH CO. Disel fuel for Community Development project$909, Other equipment fuel and parts $206 1,115.76 1589 STANDARD OIL Gasoline 4,327.20 1590 SEARS ROEBUCK Tools-Water dept. 74.36 1591 SUBURBAN CHEVROLET Equipment parts 21.17 1592 ST. REGIS PAPER CO. Culverts and supplies-New Fire stations and City Hall addition 1,782.50 1593 TRI-STATE TREE SERVICE Truck rental-Tree disease 1,774.50 1594 DAN THOMPSON Tennis instructions-Community services 766.70 1595 TRI-STATE MACHINERY Bobcat rental-Bryant Lake Trail grant 800.00 September insurance 3,914.19 Mileage-Water dept. 25.05 Postage meter 35.25 September 19, 1978 1596 TWIN CITY SEED CO. Grass seed-Bryant Lake Trail grant and Community Development project 1597 TOWNS EDGE FORD Equipment repair service 1598 UNIFORMS UNLIMITED, INC. Uniforms-Public Safety dept. 1599 VERNCO MAINTENANCE Cleaning service due to sewer backup 1600 WHEELER HARDWARE CO. Materials-City Hall addition 1601 WESTERN LIFE INSURANCE Sept. insurance 1602 WILENSKY AUTO PARTS Equipment parts 1603 WILLIAMS STEEL Supplies-Fire dept. 1604 XEROX CORPORATION Services and supplies 1605 ZIEGLER CO. Equipment rental-Bryant Lake Trail and Community Development project 1606 JAN EHLERS Election services 1607 SHARON LEVITT 1608 JANE ROHE 1609 ROSEMARY DYSINGER 1610 LORETTA ELLISON 1611 MARCIE KEHR 1612 HELEN SCHOENECK 1613 RAE GARDNER 1614 JOANNE CARLIN 1615 DORIS JOHNSON 1616 CLAUDIA BEARMAN 1617 JEAN REICHOW 1618 VIRGINIA SCHMITZ 1619 EDNA WALKER 1620 LORRAINE WEIS 1621 VIRGINIA GARTNER 1622 VOID CHECK 1623 JINNY GIBSON 11 1624 SHIRLEY JELLISON 1625 EVELYN ROGERS 1626 BARBARA EIGEN 1627 KATHERINE KOSKI 1628 JEANNE MARTINSON 1629 MARY UPTON 11 1630 BARBARA VANDERPLOEG 1631 MILDRED CLARK 1632 JUDY DUKE 1633 SHARON LYNCH 1634 MCNAMARA-VIVANT CONT. Contract-Scenic Heights Upgrading 1635 JOHNSON BROTHERS CORP. Contract-Eden View I 1636 BERGERSON-CASWELL, INC. Contract-Well Pumphouse #3 1637 BROWN & CRIS Const. Contract-Homeward Hills Rd. Imp. 1638 RICHARD KNUTSON, INC. Contract-Country Vista Swr. & Wtr. 1639 VOID CHECK 1640 VOID CHECK 1641 NORTHDALE CONSTRUCTION Contract-Amco on TH169 $88,840 and Norseman Park 2nd Add. $13,766 1 1 11 11 1 1 11 1 1 11 11 11 11 11 1 1 1 1 11 11 11 11 11 11 11 11 11 11 11 1 1 1 1 11 11 11 1 1 1 1 11 11 2,455.00 298.57 96.94 70.00 12.15 329.80 127.50 22.72 405.09 1,250.00 114.75 12.38 12.38 32.63 37.63 32.63 32.63 33.75 33.75 38.75 33.75 32.63 32.63 37.63 32.63 32.63 38.75 32.63 33.75 34.88 33.75 33.75 39.88 31.50 32.63 31.50 37.63 50,545.60 37,817.67 3,833.50 13,436.44 43,215.16 102,606.00 TOTAL 653,256.88 MMORANDUM TO: FROM: DATE: SUBJECT: Roger K. Ulstad, City Manager Bob Lambcrt, Director of Community Services PAL September 13, 1978 Chronological Order of Events Related to the Extension of Valley View Road Through the Round Lake School Park Site Planning Report No. 17 from Brauer & Associates. The School Board Architect, Bergstedt, Wahlberg and Mold had prepared four alternative layouts for structures and / facilities for a high school site at Round Lake. Brauer encouraged the school park concept and indicated access to the ,complete shoreline of Round Lake was a critical . current park need. "There is some good logic to providing a fairly direct connection from Duck Lake Road at the rail road tracks to Valley View Road at County Road 4. It seems that this road must lie south of the school site and north of lake." The 1968 Guide Plan was adopted showing an extension of 1/alley View Road to the west in a direct route just north of Round Lake. January 28, 1969 October 22, 1970 Memorandum of Understanding Between School District 272 and the Village '.::-.incil of the Village of Eden 71-airie regarding the property consisting of approximately 76 acres lying north of Round Lake owned by Twedt. This memorandum describes the property and the terms by which the City of Eden Prairie will purchase a portion of the property back from the School District. The parties agree that as soon as the purchase has been consummated they will jointly agree on a planner for the development of the property having in mind the ultimate division of the property between the school and municipal governmental units and having in mind further that some portion of this may very well be a joint Village/School Park playground arrangement. Guy Tolcrud, State Director School Facility Section, State Department of Education, approved the 123 acre Round Lake area as a satisfactory site for a high school and possibly a middle school and "that this dual purpose site will remain as a single unit with no streets or highways running through it." October 27, 1970 In a memo from Jack Ovick, to Board of Education listing elements affecting the proposed site in it's planning, item seven, page 5, Proposed Roadways "Valley View Road collector road to be continued and empty into the (north-south) Highway 101 in the west. Placement is not settled according to George Hite, Village Manager, so we could propose a plan, planned as parkway collector road so site is "pleasant." -2- October 29, 1970 November 24, 1971 December 2, 1971 December 11, 1974 July 20, 1976 Memo from Jack Ovick to the Board of Education on the land purchase cost at Round Lake: 30.7 acres from Kocourek, 83.6 aces from Twcdt, 113.76 total acres. The State recommended amount of land for a high school is 60 acres. In a memo from Weld Associates, Inc. to the Board of Education. The subject was minutes of November 22, 1971 meeting. At this meeting the School Board discussed concern over the direction of Valley View Road through the site and it's ramifications. They also discussed the right of eminent domain as a means of influencing the location of the road. Memo to the Board of Education from Weld Associates, Inc. concerning the facts on Valley View Road. Any "route through school property must be approved by the School Board.as the school has the right of eminent domain." The School Board agrees to cooperate with the Village on the construction of four tennis courts at Round Lake. Joint agreement between the Village and School District to cooperate in the acquisition, development, programming, and maintenance of a school park site at Round Lake. The 'cost of the raw land would be $2,000 per acre for the land south of West 72nd Street. ' The City informed the School District that the City had designated futui... Valley View Road west of County Road 4 as a municipal state aid street. A location map was enclosed showing a direct route. The School Board and the City Council had a joint meeting to discuss the cost and assessment of the road. The City Council adopted the staff recommendation dated July 9, 1976 on Valley View Road alignment west of County Road 4. This was the direct route. Joint meeting between the School Board and the City Council discussing the estimated cost of the various routes. A committee was formed with representatives of the School Board, the City Council and respective staffs to work on determining the basic site plan for the roadway. April 1972 May 9, 1972 May 18, 1976 July 18, 1976 August 17, 1976 The site committee met, with Ray Keller, the School District Architect, acting as facilitator. Marty Jessen indicated that LAWCON funds were being requested for development of the park at the north edge of Round Lake and that the City would have to hold clear title to the developed property. The three road concepts were presented showing the possible school and recreational locations on each site. The City indicated that they accepted the staff report dated July 9, 1970 recommending the direct route as the number one choice and a north route as the staff's second choice. The southern route was discarded and a list of advantages and disadvantages for both the direct and north routes were prepared. August 19, 1976 September 9, 1976 September 16, 1976 January 4, 1977 January 11, 1977 January 13, 1977 -3- The School Board supported the proposed northerly route for a road through Round Lake property as a long range plan. In a report on construction costs including parking lots and drives to roads, the School Board agreed to use West 72nd Street to provide a temporary access from County Road 4 to the school. Joint meeting of the City Council and School Board. A joint resolution was passed by both bodies that the extension of Valley View Road through the site located in a northerly alignment suitable to both parties and minimizing the adverse affects of the school site development and park development. That 72nd Street is regarded a temporary road and that the City will proceed with it's 19-77 LAWCON Grant application for park development. Marty Jessen, Dick Putnam and Chris Eager, of the City, met with Paul Schee, Ray Keller and Bob Fallon to discuss the Round Lake School site road plan in preparation for the request for LAWCON funding. The plan showed the "serpentine" northern route that divided the site from east :to west. Dick Putnam urged that the school give further thought to the agreed upon plan as it significantly limited future options on site use due to the spliting affect of the road. Ray Keller of Wold Association outlined the disadvantages of the northern serpentine route and the direct route in a memo to Bob Fallon. He recommended an alternate northern route not discussed at either site committee meeting. This route would use County Road 4 right-of-way from Valley View to the north property line; then curving to the northwest corner of the site across the tracks "from the point of view of school use, this solution would be ideal since it leaves the majority of the site undisturbed for both school and park use. If the traffic problems inherent in such a scheme could be solved it would prove in my opinion the most satisfactory solution to all of the users of the lake site." At a School Board meeting, the City staff reviewed the Round Lake Park Site Plan to determine if it generally agreed with the plans of the School District. Dick Putnam reviewed the various alternative routes including the southerly route and northerly route adjacent to the boundary line. The northerly route previously adopted by the School Board and the City Council and a direct route. The site plan appeared to reflect a relatively crowded condition for athletic fields, parking lots and building sites when a northerly route was used. There was also a concern for ecology and safety when the direct route was reviewed. Mr. .lessen emphasized that once the property lines are established the road site becomes an automatic conclusion i.e. the location of the property lines will dictate the location of the road and vise 2 (9(0 -4- January 27, 1977 February 3, 1977 February 10, 1977 Versa. Motion made by Loren Irvine and seconded by Allen Upton that the generalized site plan at Round Lake as pre- sented by the City of Eden Prairie is generally in agree- ment with the plan of the School District; and the School District hereby agrees that property lines can be developed from this generalized site plan with final agreement to occur at a later date. School Board meeting. Marty Jcssen distributed a list of program requirements for the LAWCON project. Ray Keller displayed two site plans reflecting the direct and north road sites. Mr. Keller also stated that Fred Christensen, State Department of Education, feels the direct route is more desireable than the curved northern route from the State Departments point of view because it provides the greatest amount of flexibility. The City staff reviewed the cost differences between a direct route for $475,000 and a north route $696,000. Motion by Komschilies and seconded by Irvine that whereas Eden Prairie School Board and the Eden Prairie City Council had previously agreed upon the curved northerly road site at Round Lake for the extension of Valley View Road; and whereas Eden Prairie City staff has shared with the School District additional information about the road site alternatives; and whereas it would be appropriate and helpful for the two respective boards and staff to meet jointly to discuss and cicarify the various road site alternatives based upon the additional information recently presented, therefore let it be resolved that the School Board recommends to the City for the Council's consideration a northerly, disjointed road route using County Road 4 and a northerly property line of the Round Lake site as the best alternative of the Valley View Road extension, and that the School Board requests the City Council and staff to attend a joint meeting of the City Council and the School Board at such a time and place that is mutually acceptable. Carl Jullie presented comparative financial information on the alternative site locations for the proposed Valley View Road extension to the School Board. Direct route $470,00, northerly curved route $690,000, northerly disjointed route $800,000. At this meeting vice chairperson, Loren Irvine, asked for each board members opinion regarding the route they preferred. Allen Upton preferred the direct route planned properly. The northerly disjointed route would not be acceptable to Mr. Upton. Geneva would not favor the direct route. Charles Komschilies stated his concern for children in the use of the land and as a result favored a northern disjointed route. Bette Anderson favored no road at all through the site, but if a road is absolutely necessary preferred the direct route. Loren Irvine stated the preference of the direct route with reservations. Wolfgang Penzel stated preference to the direct route over the dis- jointed route. Joan Meyers stated preference to the direct route. David Osterholt favored the direct route. Mayor Penzel stated the City Council would prefer to reconsider the past agreement on the northerly curved route in favor of the direct route. Charles Komschilics suggested planning for the -5 - February 15, 1977 tkpril 19, 1977 direct route, but also suggested holding the options open for the northerly disjointed route, if and when the decision to construct a road actually occurs. (This action was at a joint meeting of the City of Eden Prairie and the School Board on February 10, 1977. On February 10, 1977 after the joint meeting, the School Board met. At that meeting, a motion by Charles Komschilies and seconded by Allen Upton to consider the direct route for planning pur- poses. All members voted nay. Motion failed. Motion made by Bette Anderson seconded by Geneva Middleton that the School District resist dividing the jointly owned Round Lake Park School site with Valley View Road extension and if it is shown that the Valley View Road extension is necessary the northerly disjointed route be selected. Motion passed. At this meeting the board members discussed whether the road was actually necessary. It was further recognized that if the road was absolutely necessary and if it was shown that the northerly disjointed route absolutely could not work that provisions should be made at this time for an alternate. It was suggested that the 80' strip of land presentely designated as the direct route should be partially preserved by not constructing expensive or movable items on it. This would then permit the direct route to be used if the future shows that the road is absolutely necessary and that the northerly disjointed route is not an acceptable alternative. Motion that whereas property at Round Lake was originally purchased jointly by the City of Eden Prairie and the School District; and whereas the original intent was o sub divide the land sometime in the future when the specific needs became known; and whereas the State Department of Education is now strongly resisting the implementation of the original plans to subdivide the land, therefore be it resolved that the School District encourage the City of Eden Prairie to determine if it is legally possible to obtain the LAWCON funds by developing a formalized joint powers agreement on the jointly purchased land; and furthermore, be it resolved that if it is legally impossible to implement the joint powers agreement in relation to receiving LAWCON funds that the two governmental bodies jointly work with the State Department of Education to seek their agreement and permission to subdivide the land as originally intended. Motion passed. City staff explained to the City Council that in order to qualify for grant money we must draw a line on the map showing the land that the City has bought with LAWCON money. The Council directed staff to prepare a recommend- ation which would fall in line with the SO' right-of-way. City Council approved the Round Lake Park property division and development plan as per the staff report dated April 15, 1977 ii C' -6 - October 20, 1977 November 9, 1977 November 17, 1977 1.%-,comber 7, 1977 School Board meeting. City staff appeared before the School Board to request division of property of the Round Lake site. The School Board indicated concern with the proposed alignment of the land that it would dictate the direct direction that a road would go relative to the Round Lake site. The School Board believed that a road alignment must be determined before the property was split. Mr. Enblom appointed Mr. Irvine and Mr. Upton to lead a comnittce which would research the different aspects of the road problem and to report to the School Board at it's next regular meeting. Special meeting between the School Board representatives and the City Council. The legal position of the School Board was explained and the cost of the direct route and the disjointed route were discussed. Allen Upton stated his agreement with the direct route and asked how the governmental bodies could minimize the safety concerns of the School District. Wolfgang Penzel stated that the additional overpass could be constructed over the road making three overpasses instead of two. In addition, he suggested depressing the road another 10-12 feet south west of the proposed building site. The safety factor was a major concern of the school and the possibility of fencing was discussed to improve safety. City staff said that a fence may not be necessary since natural barriers, berms and shrubbery might replace the need for a fence and the eventual traffic may never be in the volume requiring a fence. Mayor concluded there was app-iit consensus on the division of the property for the uses specified assuming that the direct route would be agreed upon. School Board meeting. Allen Upton reported that he and Loren Irvine had met with the City Council members on Nov. 9 to discuss the location of the Valley View Road. Mr. Upton distributed a list of reasons why the direct route was being recommended. The City staff were present to review the proposed direct route and to answer a number of questions initiated by both the School Board and members of the audience. Several school staff reflected serious concerns with the direct route. Motion by Komschilies seconded by Middleton that Eden Prairie Independent School District 272 School Board is in firm opposition to the construction of Valley View Road extension through Round Lake School Park site by way of the direct route and further- more the School Board would favor a northerly route that deals more appropriately with the esthetics, environmental concerns and the safety of school children. Council directed staff to proceed .!iih the division of property of Round Lake Park without the stipulation that the division be tied to the extension of Valley View Road. ;,ber 8, 1977 January 12, 1978 January 26, 1978 March 7, 1978 March 9, 1978 March 30, 1978 April 4, 1978 -7- School Board meeting. Motion by Charles Komschilies seconded by Bette Anderson to recommend to the State Department of Education that they give approval to the selling of 41.77 acres to the City of Eden Prairie with 31 acres allocated for LAWCON purposes and 10.77 acres allocated for the northern portion of Round Lake. School Board meeting. School Board attorney informed the School Board that deeding of the LAWCON property without any restrictions could remove from the School Board the legal right to share in a future decision to construct a road through LAWCON property. He recommended the inclusion within the quit claim deed of the restriction of future use of the land for road purposes except by joint school City resolution. Motion by the School Board to work out appropriate measures through the attorney that would assure the School Board the right of involvement in the future on any decision relating to installation of a road through LAWCON property. The City Council received the deeds submitted by the School Board for the acceptance of the property at Round Lake. the item was continued and returned to the staff for additional information and recommendation. School Board meeting. The business manager reported that the proposed resLiictive language on the LAWCON property deed fullfilled the motion of January 26, 1978 and still gave the City of Eden Prairie recourse to the courts in case of a future dispute. School Board meeting. Motion to use the following restrictive language on the LAWCON propetry quit claim deed "subject to the restriction that no roadway or public thoroughfare shall be located or constructed upon the described premises without the express and prior consent of the grantor." Motion passed. The City Council considered the two deeds for the property at Round Lake. One for 2.2 acres for purposes of the fire station and the second for 41.77 acres for the balance of the park property. The second deed contained a restriction "subject to restriction that no roadway or public thoroughfare shall be located or constructed upon the described premises without the express and prior consent of the grantor." The grantor being Independent School District 272. The Council adopted a resolution 78-74 ordering the feasibility report for Valley View Road from County Road 4 to State Highway 101 based on the general transportation plan concept. The Council also directed the City Attorney to draft a resolution accepting the deeds to include the Council is not satisfied with the restriction on the second deed. -8- 18, 1978 City Council meeting. Resolution No. 78-75 accepting deed by the City of Eden Prairie from Independent School District 272 for Round Lake Park. Motion Osterholt moved, seconded by Bye to instruct the City Attorney to accept the deed subject to bringing in action for the reformation of the deed to eliminate restrictions on road development or any alternatives to require the School District to deliver to the City a deed pursuant to the 1970 agreement and purchase and purchase of property. Motion carried unanimously. May 1978 A summons and complaint of City of Eden Prairie vs. Eden Prairie Independent School District 272 was served upon chairperson Paul Enblom. May 23, 1978 August 13, 1978 The answer and counter claim from the School District 272 was served and filed. In considering transportation alternatives for the northwest corner of trunk Highway 5 and County Road 4, Luther Way, Heritage Road, West 72nd Street, and proposed Valley View Road the Council reconfirmed their decision to support the direct route for the Valley View Road alignment through Round Lake area as per City staff recommendation. MOTION: Meyers moved, seconded by Pauly, that Luther Way Road connection be opened to the west in a circuitous route through Lake Trail Estates with two "T" intersections with stop signs, Public Safety Department is directed to monitor speed on Luther Way and issue tickets when appropriate, direct the Engineering Department to periodically monitor traffic counts on Luther Way and when the traffic exceeds the estimated 1100 trips per day, the City Council will initiate action to reduce traffic volumes. When the connection from Round Lake Estates to the north at Valley View Road is made, a Public Hearing will be held to review the vacation of the connection to Luther Way. Also to rescind the motion of 8/15/78 Council meeting regarding road connection to Luther Way and adopt this motion in lieu thereof. "Lil Red'' Eden Prairie Grocery 7447 COUNTY RD. 4 • EDEN PRAIRIE, MN. 55343 Phone: (612) 941- 5892 H.J. Nyhammer Mr. Roger Ulstad City Manager 8950 Eden prairie Road Nden prairie; Minn. 55344 uear Mr. Ulstad, Last Monday evening, waptember 11, 1978, I met with the mien Prairie planning Commission, in regards to the re-zonning of parcels 110820 and 110868 to commerical. They have approved my request. Now, i would like to have the opportunity to appear before the city Council, to make my presentation to show why i am requesting this zonning to commerical property. Yours truly, MENTARD, INC. GENERAL OFFICES ROUTE NO 2. EAU CLAIRE 1SCONSIN 54701 PHONE 1715/ 874.5911 September 12, 1978 SEP 11 10711 Roger Ulstad Administration City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Request for Public Hearing Dear Mr. Ulstad: We would like to be on the next council agenda to request a public hearing on October 3 for the Menard facility. Sincerely, 11011U Mary Prochaska Vice-President/Real Estate Menard, Inc. MP/jp 2 .2 -1(-: MEMO TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer September 12, 1978 Traffic Signal Agreement No. 58686 T.H. 169.494 Ramps The above referenced agreement has been prepared and submitted by Minn. D.O.T. for City Council approval. The estimated City share is $45,930. Of this amount, Homart Development Co. has agreed to pay up to $10,000 for the temporary signal at the north ramp intersection. A temporary signal will allow the north ramp to be opened this fall. The southern ramp (West 78th St.) will continue to operate without a signal until next summer when both permanent signals will be completed. Recommend Council approval of Resolution No. 78-171 approving Signal Agreement No. 58686. CJJ:kh 277 (p Sept. 19, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-171 T.H. 169/1-494 Ramp Signal Agreement With Department of Transportation Agreement No. 58686 BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Transportation, for the following purposes, to wit: To provide temporary and permanent traffic control signals with street lights and signing on the Trunk Highway No. 494 southwest and northeast ramps at Trunk Highway No. 169 in accordance with the terms and conditions set forth and contained in Agreement No. 58686, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby Ire authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED by the Eden Prairie City Council on giiRgang H. Penzel, Mayor ATTEST: SEAL John 5. Frane, Crerk Sept. 19, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-172 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS ON LOTUS VIEW DR. (I.C. 51-321) WHEREAS, the City Engineer, through Bather, Ringrose, Wolsfeld, Inc., has prepared plans and specifications for the following improvement, to wit, 51-321, street improvements on Lotus View Drive and presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: I. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bias upon the waLing of such improvement under such approved plans and specifications. The adver- tisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, October 12, 1978, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, October 17, 1978, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penze , Mayor ATTEST: SEAL John D. Franc, ".? 7 V MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 58686 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDEN PRAIRIE, MINNESOTA FOR A Traffic Control Signal with Street Lights and Signi n g o n Trunk Highway No. 169 at the 78th Street connection-T r u n k Highway No. 494 Southwest Ramp and a Temporary and a P e r m a - nent Traffic Control Signal with Street Lights and S i g n i n g on Trunk Highway No. 169 at the Trunk Highway No. 494 N o r t h - east Ramp in Eden Prairie, Minnesota. S.P. 2785-202 Prepared by Traffic Engineering INDEX ITEM ALLOT. F.Y. FUND - ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of'Eden Prairie $45,930.00 None Otherwise covered ad/ '3 THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Eden Prairie, hereinafter referred to as the "City", WITNESSETH: WHEREAS, it is considered mutually desirable to provide traffic control signals with street lights and signing on the Trunk Highway No. 494 Ramps Northeast and Southwest at Trunk Highway No. 169 in the City; and WHEREAS, the City and State will participate in the cost, main- tenance and operation of said traffic control signals with street lights and signing as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. The State shall prepare the necessary plans, specifications and proposals and shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. 2. The contract cost of the work or, if the work is not contracted. the cost of all labor, materials, and equipment rental required to complete the work, except the cost of providing the power supply to the service pole or pad shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The Slate shall install or cause the installation of traffic control signals with street lights in accordance with the plan and specifi- cations for State Project No. 2785-202, made a part hereof by reference, on Trunk Highway No. 169 as follows: 58686 -1- 4- ) a. 78th Street Connection-Trunk Highway No. 494 Southwest Ramp. Install traffic control signal with street lights. Estimated Construction Cost $97,000.00. State's share 66-2/3 percent. City's share 33-1/3 percent. b. Trunk Highway No. 494 Northeast Ramp. Install temporary traffic control signal with street light. Estimated Construction Cost $11,000.00. State's share none. City's share 100 percent. c. Trunk Highway No. 494 Northeast Ramp. Install permanent traffic control signal with street lights, including the conduit and detection system, at the cost and expense of the State. d. 78th Street Connection-Trunk Highway No. 494 Southwest Ramp. Install master controller and cabinet at the cost and expense of the State. 4. The State will furnish certain items as shown in the plan for the temporary traffic control signal at the Northeast Ramp at its o w n c o s t and expense. 5. The State shall install or cause the installation of overhead signing and shall maintain said signing all at no cost to the Cit y . 6. Upon execution of this agreement and a request in writing by the State, the City shall advance to the State an amount equal to t h e C i t y ' s share of the cost based on the actual bid price and the estimated c o s t f o r work by State forces plus 6 percent of such amount for the City's share of the cost for Engineering and Inspection (Estimated amount $45,930.). 58686 -2- 7. Upon final payment to the contractor and computation of the City's share for the work provided for herein, that amount of the funds advanced by the City in excess of the City's share will be returned to the City without interest and the City agrees to pay to the State that amount of the City's share which is in excess of the amount of the funds advanced by the City. 8. The City shall install or cause the installation of an adequate electrical power Supply to the service pads or poles including any necessary extensions of power lines, and upon completion of said traffic control signals with street lights installations the City shall provide necessary electrical power for their operation at the cost and expense of the City. 9. Upon completion of the work contemplated in paragraph 3 hereof, the State shall maintain and keep in repair the traffic control signals except for relamping, cleaning and painting at its cost and expense; and the City shall maintain the street lights on the traffic control signal poles and shall relamp, clean and paint the traffic control signals at its cost and expense. 8. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the City and any and all claims that may or might arise under the Worker's Com- pensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. The State shall not be responsible under the Worker's Compensation Act foeany employees of the City. 58686 -3-. Cdr./ 9. All timing of all traffic control signals p r o v i d e d f o r herein shall be determined by the State, throu g h i t s C e m m i s s i o n e r of Transportation, and no changes shall be made t h e r e i n e x c e p t w i t h t h e approval of the State. 58686 -4- . • CITY OF EDEN PRAIRIE APPROVED AS TO FORM: By Mayor (City Seal) City Attorney By City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION APPROVED: RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION By District Director Assistant Commissioner Field Operations Division Dated: APPROVED: DEPARTMENT OF ADMINISTRATION: By Dated: APPROVED AS TO FORM AND EXECUTION: Assistant Attorney General State of Minnesota 58686 - 5 - RESOLUTION BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Transportation, for the following purposes, to wit: To provide temporary and permanent traffic control signals with street lights and signing on the Trunk Highway No. 494 Southwest and Northeast Ramps at Trunk Highway No. 169 in accordance with the terms and conditions set forth and contained in Agreement No. 58686, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Hennepin City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Eden Prairie at a duly authorized meeting thereof held on the day of , 1978, as shown by the minutes of said meeting in my possession. City Clerk (Seal) Wolfgang H. Penzel, Mayor September 19, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-173 A RESOLUTION APPROVING FINAL PLAT OF YORKSHIRE POINT WHEREAS, the plat of Yorkshire Point has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Yorkshire Point is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 31, 1978. B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for thier use as required by MSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behlaf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on ATTEST: SEAL John D. Frane, Cleik 2 2 .6 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer September 13, 1978 YORKSHIRE POINT PROPOSAL: Hustad Development is requesting final plat approval of York- ' shire Point. This plat consists of 27 single family residential lots (R1-13.5) and 1 industrial lot (1-2) located south of T.H 169- sas (Flying Cloud Drive), north of County Road #1 (Pioneer Trail) and west of Creek Knoll Road. A single family home currently exists . on Lot 2, Block 4, and an access easement will be necessary for this lots. Outlet H will be dedicated to the City for open space and recreational purposes. Improvements within the outlets must conform to the requirements of the Development Agreement. HISTORY: The preliminary plat was approved on August 15, 1978, per Council Resolution No. 78-133. Rezoning to R1-13.5 and 1-2 was finally read and approved by the City Council on August 15, 1978, per Ordinance No. 78-37. The final plat now submitted for approval conforms with the approved preliminary plat and the Development Agreement dated August 15, 1978. VARIANCES: Lot size and setback variances will be necessary and are described in item 16 of the Development Agreement. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous roadways and walkways will be installed by the Developer in accordance with Eden Prairie Specifica- tions. The existing home on Lot 2, Block 4, will be connected to sewer and water within 6 months. PARK DEDICAITON: Park dedication requirements are covered through the Development Agreement. BONDING: Bonding must conform to the requirements of item 20 of the Development Agreement. - 2 - RECOMMENDATION: Recomnend approval of the final plat of Yor k s h i r e P o i n t , subject to the requirements of this report and the following: 1. Conformance with the requirements of the Development Agree- ment dated August 15, 1975. 2. Receipt of fee for City Engineering services in the amount of $940. 3. Receipt of cash deposit for first year installation and maintenance costs of street lighting in the amount of $405.60. 4. Not more than six (6) building permits prior to receipt of deeds covering lands to be dedicated to City per 8/14/78 Development Agreement. CJJ:kh ThePreserve sty 4 1918 September 13, 1978 Honorable Mayor, Wolfgang Penzel Members of the City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Attention: Roger Ulstad, City Manager Ladies & Gentlemen: Following the initial phase of the Public Hearing process for the Anderson Lakes Apartment project, a number of concerns by the Council and The Preserve residents needed to be addressed. The Preserve held two meetings with The Preserve residents regarding the project. Because of these meetings and Council concerns we requested a con- ti^4ance of the September 5, 1978 Public Hearing to September 19, 1978. It now appears that this is also too optimistic a time frame. Therefore It seems advisable for the Council to close the Public Hearing while we continue the discussions on this project. At a later date we will request that a new Public Hearing be scheduled and will assume the costs of republication and notice. Very truly yours, THE P ;SERVE ee ./ . Johnson.,' Vice President, Engineering LWJ:ew cc: Ken Person William Bale, Esq. .Yt . 11111 Anderson Lakes Parkway, Eden Prairie, Minnesota 55344 • (612) 941-2001 MEMORANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services September 14, 1978 Neighborhood Park on Homeward Hills Road At the September 5, 1978 meeting the Council considered Bluffs West 2nd Addition by Hustads. The Council .addressed several concerns relating to the neighborhood park in that area, and commented that part of the rezoning agreement should attempt to negotiate what land will be purchased and for how much. The Council requested staff to address the questions concerning the park site and the price, and continued Bluffs West 2nd Addition to September 19, 1978. On September 13, 1978, I met with Bud Kager and Jim Nelson of BFI to discuss the proposed park site. I explained to them the Council's concerns for arriving at a price and park boundaries prior to approving Bluffs West 2nd Addition, I left them a map showing the proposed park boundaries and a possible grading plan. I indicated that I felt the property should probably sell at a fairly low cost in relation to the surrounding land as the majority of the site was low wetland with the soil type of mucky peat. The land could be developed for park purposes, but would be difficult to develop for any other type of residential, commercial or industrial use. Mr. Kager indicated that he would discuss this proposal with the regional manager for B1,1 and would get back to me Monday morning on "ballpark" figures concerning cost of the land and approval of park boundaries. Monday evening we should have estimated acquisition and development costs for this neighbor- hood park. BL:md 2;','J MEMO: DATE: TO: FROM: THROUGH: September 17, 1978 Mayor and City Council Chris Enger, Director of Planning Roger Ulstad, City Manager REGARDING: Bluffs West 2nd Addition At the September 5, 1978 Council Meeting there were questions brought up regarding Bluffs West 2nd Addition's impact upon the school capacity; the 60% grading of the site; Joint Airport Zoning Board conuents and , Lower Minnesota Watershed District review. SCHOOL Earlier this year, I had met two times with School District Superintendent Robert Fallon to go over the City's short term (3-5 year) projections for housing. The purpose of these discussions was to provide planning data related to expected housing occupancies for school planning purposes. All of the major single family subdivisions reviewed so far this year were anticipated at that time. I also spoke with Dr. Fallon agaU Wednesday, September 13 regarding the impact of this specific proposal on school capacity. He informed me that the school district is anticipating this type of growth and with some additional available rental space could conceivably handle 500 more stu- dents today. He did not forsee major problems handling a growth rate of 800 dwelling units/year. GRADING The E.A.W. points out that there will be 60% grading of the site. This refers to the method of development, where the developer essentially strips the site of topsoil, grades in all streets and prepares lots, and replaces the topsoil on each lot after construction. With over 150 lots available for construction in Bluffs West, the Riley/Purgatory Creek Watershed District request of July 13, 1978 for the developer to stage the construction and to restore altered areas in Bluffs West tributary to Bluffs West 2nd Addition, seems reasonable. JOINT AIRPORT ZONING BOARD REVIEW The City has been advised by the M.A.C. staff that there are antici- pated changes to Minnesota Station 360.063, Subdivision 3, regarding existing residential dsvelopment being designated as a non-conforming use. The Board would therefore not meet until early 1979. 2.)11 Memo - Bluffs West 2nd Addition - 2 - September 17, 1978 Bluffs West 2nd Addition does not fall within the A or B zoning o r Airport influence; it does,however,fall within the C zone which w i l l limit certain types of electronic generator fields and radio tra n s - mission. We have forwarded a copy of the plan to Bill Olsen, who is in char g e of Planning for M.A.C., for his review and comments. LOWER MINNESOTA WATERSHED DISTRICT • We have sent copies of the plan for review to the Soil Conservatio n District, the Riley/Purgatory Creek Watershed District, and the M . W . D . •and have received comments from all but the Lower Minnesota Watersh e d District, and found that they had not yet placed it on their agenda . We believe that the review will be forthcoming shortly, but have b e e n unable to reach Larry Samsted their Engineer. CE:ds 1/MAC ptvivAgwpots • Swab Pod METROPOLITAN AIRPORTS COMMISSION P. O. BOX 1700 • 1 WIN C11 Y AUWORI • r..INNESOTA 55111 OFFICE OF EXECUTIVE DIRECTOR PHONE (612) 726-5770 Au g ust 7, 1978 Chris En g er, Planner Eden Prairie Cit y Hall 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: Airport Zonin g at MAC Airports Dear Mr. En g er: Earlier this y ear the Metropolitan Airports Commission contacted y ou, pursuant to Minn. Stat. 360.063, Subd. 3, re g ardin g formation of a Joint Airport Zonin g Board for Fl y in g Cloud Airport. Sub- se q uent to y our desi g nation of two representatives to participate in this Joint Airport Zonin g 13(.-..rd, the State le g islature amended the Airport Zonin g Act in a manner re q uirin g the Division of Aeronautics, Mn/DOT, to chan g e certain portions of the Rules and Re g ulations relatin g to zonin g . The focus of these chan g es is the issue of existin g residential development bein g desi g nated as a non-conformin g use. The Division of Aeronautics has until late December, 1978 to adopt said chan g es. It is expected that the revised Rules and Re g ulations could have an impact on the actions taken b y the Joint Airport Zonin g Board, therefore MAC proposes to dela y the meetin g s of the Board until the revised Rules and Re g ulations are available. Based on the present Mn/DOT schedule, the Board could be g in meetin g in / earl y 1979. Please contact me if you have any q uestions concernin g the zonin g issue. / Sincerel y y ours, 64,ie Ni g el D. Finne y Plannin g /Construction En g ineer NDF/jr ,203 Of f I ocATIoN —6040 71n 11, AVI SO - WEST If 10.11flAt AREA MINNEAPOLIS. SAINT PAM INTEONATIONAt AIRPOP' fig. 5.12 Airport Safety Zones • SE ••••• ••••••• 1.••••• • gm. • •••-••n ••••, ,•••••• -"" C jr....... ---1:2(---LELL.:77.2, 1 0.7-"---- . n . -,----,- zt. .1-___ c 1.1„.... Source: Minnesota Dept. of Aero nautics Rules and Regulations Eden Prairie Guide Plan Update 1 1.3010 Airport Zoning Standards. A. Airport zoning. Contained herein are minimum standards for the zoning of public airports as to airspace, land use safety, and noise sensitivity. B. Airport zoning powers. Any person or governmental body having airport zoning powers under Minn. Stat. li 160.061 to .016 may adopt airport toning ordinances, orders, or regulations core restrictive than the minimum zoning standards set forth herein or in any other applicable law. C. Airspace zones. The following airspace zones are estab-lished with relation to an airport and each runway: 1. Primary zone. All that land which lies directly under an imaginary primary surface as defined In 14 STAR $ 1.3009 E.1. 2. Horizontal zone. All that land which lies directly under an Imaginary horizontal surface as defined in 14 MCAR $ 1.2009 E.2. 3. Conical zone. All that land which lies directly under an imaginary conical surface as defined in 14 'MAR 2.3009 £.3. 4. Approach zone. All that land which lies directly under an imaginary approach surface as defined in 14 MCAR 6 1.3009 b.4. 5. Precision instrument approach zone. All that land which lies directly under an imaginary precision instrument approach surface as defined in 14 !MAR f 1.3009 E.5. 6. Transitional zone. All that land which lies directly under an imaginary transitional surface as defined in 14 MCAR $ 1.3009 Lb. D. Height restrictions. Ercept as necessary and incidental to airport operation. no structure or tree shall he construc'ted, altered, or allowed to grow in any Airport zone so as to project above any of the imaginary airspace surfaces as estab-lished in paragraph C. E. Land use safety zones. The following land-use safety zones are established with relation to an airport and each runway: 1. Safety Zone A. In the approach zones of a runway, Safety Zone A extends outward from the end of the primary surface • distance equal to two-thirds the runway length or planned runway length. 2. Safety Zone B. In the approach zones of a runway, Safety Zone B extends outward from Safety Zone A at,distance equal to one-third the runway length or the planned runway length: 1. Safety Zone C. All that land which is enclosed within the perimeter of the horizontal zone defined in paragraph C.2. and which is not included in Zone A or Znne B. F. Use restrictions. In order to restrict those Usti which may be hazardous to the operational safety of aircraft operating to and from: an airport, and furthermore to limit population and building density In the runway approach areas, thereby creating sufficient open space so as to protect life anJ property in ease of accident, the following use restrictions are applied to the land use safety zones: 1. Reneral. Ho use shall be made o' any land in any of the safety zones which creates or causes interference with the operation of radio or electronic facilities on the airport or with radio or electronic corovnieations between the airport and aircraft, makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport. impair visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft. 2. Zone A 7one A shall contain no buildings. tempor- ary structures, exposed transmission lines, or other similar land use structural hazards, and shall be restricted to those uses which will rot create, attract, or bring together an assembly of persons thereon. Permitted uses may include, but are not limited to. such uses as agriculture (seasonal crops). horticulture, raising of livestock, anirol husbandry, wildlife habitat, light outdoor recreation (runspectator), cemeteries and auto parking. 3. Zone B. Zone B shall be restricted in use as follows: a. Each use shall be on • site whose area shall not be less than three acres. b. Each use shall not create, attract, or bring together a site population that would exceed 15 times that of the site acreage. c. Each site shall have no more than one building plot upon which any number of structures may be erected. d. A bulding plot shall be a single. uniform and noncontrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area Site Area But Less Ratio of P.uilding Max. site at Least Than Site Area to Plot Area Population 111E1.92.1./ (Acres) Bldg. Plot Area (sq. ft.) (15 persons/9 3 12:1 10,900 45 12:1 4 10:1 17,400 60 6 10:1 6 8:1 32.600 90 10 8:1 10 6:1 72.500 • 150 20 : 6:1 20 and up 4:1 218,000 300 e. The following uses are specifically prohibited in Zone B, churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, camp grounds. and other places of public or semipublic assembly. 4. Zone C. Zone C is subject only to the general restric-tions contained in paragraph F.1. 5. Existing Besidential s'eighborhoods as of Jsnuerv 1. 1978. The provisons of parmIsphs F.2. and F.3. above shall not apply to land uses which existed as of January 1, 1978, in "establiched residential neighborhoods in boilt-un areas." Such "estmOished residential neighborhoods in built-up urhan areas" which existed as of January 1. 1978. shall be suhiect to the use restrictions contained in this paragraph 5. The existing provisions of Para-graphs F.2. and F.). shall continue to apply to land uses which were *lot In existence as of January 1 1978 and which were not located in "established residential neighborhoods in built-up areas" as of that date. I. Statement of Purpose: Airport Safety Zoning...balances themplie interest involved in safety for persons on the ground 1211.ty_ofpersons travellur in aircraft ded the public interest in Faintaining existing land uses. ?he legislature has mandated soccial Lutection for land uses existing as of January 1, 1978, in "established Eisidential neig,horhoods in built-up urban areas." The provisions of pararranhs F.1 - .4. above strike the appropriate balance with teggyd to other land uses and areas and shall therefore beipolied in those cases. b. "tstablished Sesidencial Neiehhorhoods in Built-up Urban Areas." Each vvernmental authority having airport zoning powers shall determine shich areas located in Safety Zones A and 9 of each airport whithin its iurisdiction are also located in "established Luldential neighborhoods in built-up urban areas" as of January...1, 1978. In raking such determination, the factors enumerated in 'whoa% agraph b. below shall be considered. Such neighborhoods which existed on such date and which were located In whole or in_part in Safety Zones A or B shall he snceificallv located on the alsp9it zoning map and shall be lePally described in the airport tor,f,.ng ordinance. Etch governmental authority having airport zoningo shall submit its pronoscd zoning nap and ordinance to the Commissioner of Transportation for review and mval arior to 'moldin a nblic ocetine or taking other action thereon. c. As of January I 197E, no land use in Safety zones A or B and in an area desiiad _;i„, •nas having been an "estPhlished residential nelehborhond in a built-np area" as of January I, 1971, shall be by an almat_ zoning ordinance extent as provided in subparagraph e below. d. In determining what constitutes an "established residential neighborhood in a built-oo urban Area" the governmental unit having zoning powers shall arply end consider the follokLing criteria in relation to the neighborhood as it existed on January 1. 1973: (1) Location of the airport; (2) !lature of the terrain within Safety 'ones and El (3) Colatine land uses and character of the neigh-borhood around the airport; (4) POpolarion of the community; (5) PoPolation density; (0 Population density near the airport compared with population density in other areas of the community; 57) The age and the economic, political and social stability of the neighborhood and the coraounity as a whole. (C) The proximity of supporting school, commercial; religious, transportation and other facilities and their degree of integration with residential land uses, (9) The character of the community as residential; and (10) Other factors deemed relevant by the governmental unit in distinguishing the area in question as established, residential, urban and built-up. e. (1) The following land totes if they exist in Safety Zones A or B and in an "established residential neighborhood in a built-urban area" are considered by the Commissioner to constitute airport safety hazards so severe., either to persons on the eround or to the air-traveling public, or both that they must be prohihited under local airport leonine ordinances: (a) Any structure which a person or persons customarily use AS a principal residence and which ts located entirely within s,fety none A and within 1000 feet of the end of the primary zone; (h) Any structure which a person or persons customarily use as a principal residence and which is located entirely within Safety Pope A or ii and which penetrates an imaginary approach surface as defined by 14 MCAR 1.3009 8.4.; (c) Any land use in Safety Zone A or P which violates the provisions of 14 MCAR 1.3010, F,1.: SI) As of January 1, 1978, any isolated residential building lot zoned for single-familv or two-family residences on which such A structure, if built, would be prohibited by subparagraphs e.(1)(4), (b) or (c) above. An "isolated" residential building lot is one located in an area is which the predominant land use is single-familY or two-family resIdcntial structures; and (e) Any other land use which presents, in the --opinion of the aommissioner a material danger to the landing, taking Off or manouverior of aircraft. (2) In the case of any land use prohibited by para-graph e. 1) above and which is located in an "established residential neighborhood in a built-up urban area" as defined by the local govern-mental unit as reviewed and approved by the Cnenissioner, the property on'which the use is located shall be acquired at public expense by the governmental unit owning the airport and the prohibited use shall be eliminated. f. The orohthited uses enumerated la_paracslaph e.oy above are only those which present the most severe safety hazards to the air-traveling public ol_frsons on the ground, AS the case may be. Local governmental units may also prohibit other land uses in Salety_Zones A and as beio,e, unsafe to the public. The use restrictions contained in 14 "CAR 1.3010, F.1. -.4. provide guidance as to what uses the Commissioner deems not be be in the public interest in these Safety nones. However, low-density residential structures and isolated low-density residential building lots in "'established residential neighborhoods in built-up urban areas" as of January 1, 1978, must be acquired at_public expense, as required by Minn. Stat., S 360.066, subd. I (a) (d) (1978), if such land uses are to be prohibited under a local zonine ordinance. G. Noise sensitivity zones. Land-use noise sensitivity zones shall be established when requested by the Commissioner or by the governmental unit having airport zoning powers. The governmental unit having zoning powers, when required by the Commissioner. shall secure a study as to the boundaries of the area to be zoned for this purpose and the uses permitted therein. Sept. 19, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-169 RESOLUTION APPROVING 1978 SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessments for the following improvements, to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such proposed assessments are hereby accepted and shall con- stitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improve- ment in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of years as shown on Exhibit A, the first of the installments to be payable on or before the first Monday in January, 1979. Subsequent installments shall bear interest at the rate of 8 percent per annum. No interest shall be charged if the entire assessment is paid on or before N.vember 10, 1978. 3. Resolution No. 78-145 is herein amended to include the assess- ment data of this resolution. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL ffirane, CriFk 2 2.';') RESOLUTION NO. 78-169 — EXHIBIT A 1. I.C. 51-270 Street improvements on Scenic Heights Road between Mitchell Road and Eden Prairie Road Project Cost: $467,870 Assessment data: • $35/front foot for industrial property (CPT Corp.) $26/front foot for multiple family res. $1,725 per unit for single family & church $2.50/per front foot for properties abutting Scenic Hts. Road. $8,668 lump sum sewer & water service stubs to Parcel 56$0 (CPT Corp.) $378,169 City NSA share 17 year spread @ 8% interest. 2. I.C. 51-300 Project Cost: $871,750 Sewer and water in Edenview and Kurtz Lane areas Assessment data: $4,750 per developed single family lot which includes $520 trunk assessment and $1,000 lateral credit. $5,750 per vacant, single family lot $7,125 per duplex building (1.5 times $4,750) $6,834 per lot in Kakach 1st Addition (concrete curb & gutter, grading and storm sewer installed at request of developer.) $275,177 City sewer and water trunk fund. 17 year spread @ 6.86% interest. Res. No. 78-169, Exhibit A - 2 - 3. I.C. 51-309 Project cost: $249,060 Water extension and street improvements on Homeward Hills Road Assessment data: $19.55 per front foot for street improvements $2,000 per acre trunk sewer & water assessment (Total trunk assessment = $575,780) $89,650 City share for trunk watermain 17 year spread @ 8% 4. I.C. 51-312 Project Cost: $199,950 Utilities and Street improvements in Country Vista Addition Assessment data: $5,621 Per lot for Country Vista Addition 5 year spread @ 8% $19.30 per abutting foot for properties on west side of 168th St. 17 year spread @ 8% 5. I.C. 51-316 Project cost: Utilities and street improvements in Nygren Estates Add. Assessment data: $5,100 per lot for Nygren Estates 5 year spread 0 8% $31,910 Lateral & street 8,900 Trunk assessment P0,8ff Res. No. 78-169, Exhibit A - 3 - 6. I.C. 51-319 HOMY improvements in the Norseman In.& Park 2nd Add. Assessment data: Project costs: $77,870 Sanitary lateral 24,140 Water lateral 34,850 Water trunk 88,560 Storm sewer fY25,420 (Street (74th) to be assessed in 1979) $1,355 per acre for lateral sanitary sewer $20.67 per front foot for lateral water on 74th $6.00 per front foot for lateral water on Valley View Road (lateral benefit from trunk) $2,544 per acre for storm sewer 17 year spread @ 8% 7. IC. 51-320 Sewer Improvements Project cost: $141,075 on Eden Road Assessment data: $2,720 per acre Homesteaded property to be deferred until hookup. Rate prevailing at that time shall apply. If such parcels are rezoned to some other use, then the $2,720/acre rate shall apply, plus deferred interest, at 8$, not to exceed 50% of the principal amount 17 year spread @ 8% 8. I.C. 51-326 Street improvements on Dell Road thru the Edengate area Assessment data: Assessment of $200,000 to Edenbrooke (Edengate) project per 4/6/78 rezoning agreement 5 year spread @ 8% 07,79 Res. No. 78-169, Exhibit A - 4 - 9. SUPPLEMENTAL ASSESSMENTS a) Lot 1, Block 1—Edenvale 4th Trunk sewer/water b) Lot 1, Block 2, Edenvale 4th Trunk sewer/water c) Lot 1, Block 1 Mckinley 1st Lat. sew/water d) 56706 - 5210 Trunk and lateral sewer e) 56714 - 3200 Trunk water, lateral water $45,179.71 $24,080.10 $8,490.00 $3,100.00 $1,920.00 f) State of Minn. Trunks, Sewer & water laterals $6,100.00 TO: Mayor and City Council THRU: Roger Ulstad, City Manager FROM: John D. Frane, Finance Director DATE: September 15, 1978 RE: M.I.D.B.'s using the mortgage method The City's guidelines for the issuance of M.I.D.B.'s were constructed when the only method used was to sell a series of $5,000 bonds i.e. $1,000,000 would require 200 bonds. Some of those bonds could be purchased by unsophisticated investors and in the event of default they would look to the City for repayment. Even though legally the City could not redeem the bonds, we would suffer a "black eye". We should therefore be more careful in our analysis when bonds will be sold than if we are approving a mortgage. Our present guidelines provide that a company must be strong before the City would issue bonds. We are currently gathering data on guidelines and we will be reviewing "bond" guidelines with you at a later date. A mortgage request presents us with a different type of situation. The mortgage will be placed with some tvpe of financial institution. Our guidelines for issuance of a mortgage should be as follows: 1., 711 605atENI costA the project,5ha01Flikin (,eXces f ,000 2. The mortgage must be placed with a financial institution(s); no offering may be made to the public. 3. The applicant must furnish to the City; a. All forms, letters, etc. required by the Commission of Securities. b. A letter stating that all costs incurred by the City will be paid by the applicant, even if the City does not approve the applicant. 4. Documents concerning requests should be submitted to the City Attorney at least 2 weeks prior to the Council meeting at which approval is anticipated; and to the City Clerk at least one week before. 5. Before closing,the financial institution(s) underwriting the mortgage must acknowledge, in a form suitable to the City Attorney, that they will not hold the City liable for any action the City may or may not have done in conjunction with any oartof the proceedings. JDF:bq 9/15/78 Pane A7300 TO: Mayor and Council THRU: Roger Ulstad, City Manager FROM: John Frane, Finance Director DATE: September 15, 1978 RE: M.I.D.B.'S Blackbourn Inc. - $750,000 Blackbourn is requesting City approval for M.I.D.B.'s to partially finance an office/manufacturing facility with an approximate cost of $900,000. The project will be owned by Mrs. David S. Nicholson, the owner of Blackbourn, who will lease it back to the company. Our guide line comparison is as follows. City Guidelines Blackbourn Minimum 500,000 750,000 2 year audits Furnished D & B To Be Furnished Earnings 2xP+ I 2+ The M.I.D.B.'s will be in the form of a mortgage. The project is proposed to be built on lot 5, Block 1, Crosstown Industrial Park 2nd which is zoned for the intended use. Resolution #78-174 is enclosed for your consideration. 43o0 RESOLUTION #78-174 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND FINANCED UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. There had been presented to this Council a proposal that the City undertake a project pursuant to the Minnesota Munici- pal Industrial Development Act, Chapter 474, Minnesota Statutes, (the "Act") consisting of the acquisition of land and construction thereon of a combination light manufacturing-office building (the "Project") in the City to be used by Blackbourn, Inc. (the "Company"). Under the proposal, Mrs. David S. Nicholson (the "Owner") will enter into a loan agreement with the City whereby the Owner agrees to have the Project constructed and the City agrees to issue its $750,000.00 Industrial Development Revenue Bond (the "Bond") pursuant to the Act to finance the Project. The Bond will be issued to an institutional investor in a tax exempt private placement mortgage financing whereby the Bond will be secured by a mortgage on the Project. The Owner will retain title to the Project and the loan agreement will require the Owner to pay amounts sufficient to pay the principal of and interest on any Bond issued. The Owner will lease the Project to the Company under lease terms sufficient to provide for the payment of principal of and interest on the Bond. The interest of the Owner in the lease will be assigned to the bondholder as security for the Bond. The City will assign its interest in the loan agreement to the bondholder to secure the Bond. The Bond will be issued in accordance with the Act, and will provide that the Bond is payable solely from amounts received by the City pursuant to the loan agreement and other property pledged to its payment. The Bond will not be a general obligation of the City or be payable from any other property or funds of the City. 2. There has also been presented to this Council a form of Application to the Commissioner of Securities for approval of the Project setting forth the estimated costs of the Project and the increased employment and payrolls to result therefrom. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce; the development of ,R3r-)403 industry to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service facilities; and the more intensive development of land available in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services provided by the city, the county and the school district in which the city is located. 3. The Project is hereby given preliminary approval by the City, subject to (i) approval of the Project by the Minnesota Commissioner of Securities and (ii) approval of this Council, the Owner, the Company and the institutional investor of the ultimate details of the Project and the terms of the Bond. 4. The Company is undertaking to make arrangements with an institutional investor for the purchase of the Bond. Upon receipt of a letter of intent to purchase the Bond, the Mayor, City Manager and City Clerk 'are hereby authorized and directed to submit an Application to the Commissioner of Securities for approval of the Project, substantially in the form presented to this meeting, together with the letter of intent for the purchase of the Bond necessary to complete such Application. The Mayor, City Manager and City Clerk and other officers, employees and agents of the City are hereby authorized to provide the Commissioner of Securities with such preliminary information as he may request. 5. Mr. Richard W. Anderson, on behalf of the Owner and as the turn-key developer of the Project, has agreed to pay any and all costs incurred by the City in connection with the Prc -_-;2ct whether or not the Project is approved by the Commissioner of Securities; whether or not the Project is carried to completion; and whether or not the Bond or operative instruments are executed. 6. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue the Bond as requested by the Owner and the Company. The City retains the right in its sole discretin to withdraw from participation, and accordingly not issue the Bond, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Bond or should the parties to the trans- action be unable to reach agreement as to the terms and conditions of any documents required for the transaction. 7. The Company and Mr. Richard W. Anderson, on behalf of the Owner, are hereby authorized to enter into such contracts as may be necessary for the construction of the Project by any means available to it and in the manner it determines without advertise- ment for bids as may be required for the construction or acquisition of other municipal facilities. Mayor Attest: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting City Clerk of the City of Eden Prairie, Minnesota, do hereby certify that the attached extract of minutes of a regular meeting of the City Council of the City held September 19, 1978, is a full, true and correct transcript therefrom insofar as the same relates to the $750,000.00 Industrial Development Revenue Bond of the City. WITNESS My hand officially and seal officially as said City Clerk this day of September, 1978. City Clerk (Seal) 07-1 1'0 C.- IMPORTANT This Application must be submiAtod to Commissioner in triplicate **************************************************************** STATE OF MINNESOTA DEPARTMENT OF COMMERCE ********************** APPLICATION For Approval of Municipal Industrial Revenue lend Project Date September 19. 1978 To: Minnesota Department of Commerce . St. Paul, Minnesota 55101 The governing body of Men Prai rip , County of Hennepin Minnesota, hereby applies to the Commissioner of Securities of the State of Minnesota, Department of Commerce, for his approval of this community's proposed Municipal Industrial Revenue Bond issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: FIRM 11LACKIE1112114-111C- ADDRESS 1821 University Avenue CITY St. Paul STATE Minnesota 55343 State of Attorney Address Incorporation Minnesota Marvin C. Ingber Mackall, Crounse & Moore 1000 First National Bank Building Minneapolis, Minnesota 55402 This firm is engaged primarily in (nature of business): the manufacture and aaaemblv oi mu1tt7media packaging products. The funds received from the sale of the Industrial Revenue Bonds will he used to (general nature of project): partially fund the purchase of real estate ond the construction of a_combination ligU manufacturing and office building. It will be located in Eden Prairie. Minnesota The total bond issue will be approximately $ 750,000 to be applied toward payment of costs now estimated as follows: Cost Item Amount Land Acquisition and Site Development 100.000 Construction Contracts 611.000 litnaaamtkiictfikiaminikatlxiAIk= 22.500 Architectural and Engineering Fees — included in construction contract Legal Fees 25 000 Interest during Construction 10,500 lxvixixioNyabemotxge Construction loan fee 7,500 Contingencies , sales commission & leasing fees 47,500 Nuadxftiocxxxx Leasehold improvements 150,000 Other Appraisal; mtg. registration tax; 5,000 tItle policy; title company fees and misc. It iEjlRiktIFPs'iltnated that construction will begin on or about n r.t ro-,,,, 1 • 197g • and will be completed on or about January 1 19 79 . Whem completed, there will be approximately 72 new jobs created by .the project at an annual payroll of approximately $ 900,000.00 based upon currently prevailing wages. The tentative lease term is 25 years, commencing January 1 , 19 78 , and the tenant will (not) have the option to purchase the project for a nominal value upon expiration of the lease term. The municipality will provide the Commissioner with a comprehensive statement indicating how the project satisfies the public purpose and policies of the Minnesota Industrial Development Act. A letter of intent to purchase the bond issue from an underwriter or an analysis of a fiscal consultant as to the feasibility of the project f*om a financial standpoint is attached to this application. We, the undersigned, are duly elected representatives of Eden Prairie . Minnesota, and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers) This approval shall not be deemed to be an approval by the Commissioner or the State of the feasibility of the project or the terms of the lease to he executed or the bonds to be issued therefor. Date of Approval: Commissioner of Secorities Minnesota Department of Commerce <,7.3e) 0 (F. TO: Mayor and Council THRU: Roger Ulstad, City Manager FROM: John Frane, Finance Director DATE: September 14, 1978 RE: M.I.D.B.'S for Thrift-Way, Inc. - $1,670,000 Thrift-Way, Inc. is requesting the City's approval to partially finance a retail grocery facility with an approximate cost of $2,345,000. The project will be owned by Abraham T. Salsberq and Joel T. Salsberq, the owners of Thrift-Way, and leased back to Thrift-Way. Our guidelines comparison is as follows. City Guidelines $500,000 minimun 2 years financial D & B Earnings 2xP+ I Thrift-Way $1,670,000 Furnished To be furnished 2+ The M.I.D.B.'s will be in the form of a mortgage. The project is to be located in the "Titus" PUD located north of the E. P. Center and W. 78th Street which is presently zoned Rural. Resolution #78-175 is attached for your consideration. RESOLUTION #78-175 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND FINANCED UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. There has, been presented to this Council a proposal that the City undertake a project pursuant to the Minnesota Munici- pal Industrial Development Act, Chapter 474, Minnesota Statutes, (the "Act") consisting of the acquisition of land and construction thereon of a retail grocery facility (the "Project") in the City to be used by Thrift-Way, Inc. (the "Company"). Under the proposal, a Minnesota partnership consisting of Messrs. Abraham T. Salsberg and Joel T. Salsberg (the "Salsberg Partnership") will enter into a loan agreement with the City whereby the Salsberg Partnership agrees to construct the Project and the City agrees to issue its $1,670,000.00 Industrial Development Revenue Bond (the "Bond") pursuant to the Act to finance the Project. The Bond will be issued to an institutional invesLJr or investors in a tax exempt private placement mortgage financing whereby the Bond will be secured by a mortgage on the Project. The Salsberg Partnership will retain title to the Project and the loan agreement will require the Salsberg Partnership to pay amounts sufficient to pay the principal of and interest on the Bond. The Salsberg Partnership will lease the Project to the Company under lease terms sufficient to provide for the payment of principal of and interest on the Bond. The interest of the Salsberg Partnership in the lease will be assigned to the bondholder as security for the Bond. The City will assign its interest in the loan agreement to the bondholder to secure the Bond. The Bond will be issued in accordance with the Act, and will provide that the Bond is payable solely from amounts received by the City pursuant to the loan agreement and other property pledged to its payment. The Bond will not be a general obligation of the City or be payable from any other property or funds of the City. 2. There has also been presented to this Council a form of Application to the Commissioner of Securities for approval of the Project setting forth the estimated costs of the Project and the increased employment and payrolls to result therefrom. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce:. the development of industry to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service facilities; and the more intensive development of land available in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services provided by the city, the county and the school district in which the city is located. 3. The Project is hereby given preliminary approval by the City, subject to pproval of the Project by the Minnesota Commissioner of Securities and (ii) approval of this Council, the Salsberg Partnership, the Company and the institutional investor or investors of the ultimate details of the Project and the terms of the Bond. 4. The Company is undertaking to make arrangements with institutional investor for the purchase of the Bond. Upon receipt of a letter of intent to purchase the Bond, the Mayor, City Manager and City Clerk are hereby authorized and directed to submit an Application to the Commissioner of Securities for approval of the Project, substantially in the form presented to this meeting, together with the letter of intent for the purchase of the Bond necessary to complete such Application. The Mayor, City Manager and City Clerk and other officers, employees and agents of the City are hereby authorized to provide the Commissioner of Securities with such preliminary information as he may request. 5. The Company has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner of Securities; whether or not the Project is carried to completion; and whether or not the Bond or operative instruments are executed. 6. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue the Bond as requested by the Company. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the Bond, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Bond or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any documents required for the transaction. 7. The Company and the Salsberg Partnership are hereby authorized to enter into such contracts as may be necessary for the construction of the Project by any means available to it and in the manner it determines without advertisement for bids as may be required for the construction or acquisition of other municipal facilities. Mayor Attest: City Clerk 0230/.g STATE OF MINNESOTA ) ) SE. COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eden Prairie, Minnesota, do hereby certify that the attached extract of minutes of a regular meeting of the City Council of the City held September 19, 1978, is a full, true and correct transcript therefrom insofar as the same relates to the $1,670,000.00 IndustriE;1 Development Revenue Bond of the City. WITNESS My hand officially and seal officially as said City Clerk this day of September, 1978. City Clerk (Seal) 1MPOkTANT This Application must he submitted to Commissioner in triplicate **************************************************************** STATE OF MINNESOTA DEPARTMENT OF COMMERCE ********************** APPLICATION For Approval of Municipal Industrial Revenue Bond Project Date September 19 1978 To: Minnesota Department of Commerce St. Paul, Minnesota 55101 The governing body of Eden Prairie County of Hennepin Minnesota, hereby applies to the Commissioner of Securities of the State of Minnesota, Department of Commerce, for his approval of this community's proposed Municipal Industrial Revenue Bond issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: FIRM Thrift —Way, Inc. ADDRESS 5715 West Broadway CITY Crystal STATE Minnesota 55428 State of Incorporation Minnesota Marvin C. Ingber Attorney Mackall, Crounse ,4 Moore 1000 First National Bank Building Address _Iliumapolis. Minnecota 55402 This firm is engaged primarily in (nature of business): rpf,i1 grnrnry nperAtinp The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project): partially fund the purchase of real estate and the construction of a retail grocery facility It will be located in Eden Prairie. Minnesota a3o / The total bond issue will be approximately $ 1.670,000 to be applied toward payment of costs now estimated as follows: Cost Item Amount Land Acquisition and Site Development $ 675,000 Construction Contracts 1,500,000 Equipment Acquisition and Installation 2,000,000 Architectural and Engineering Fees 45,000 Legal Fees 25,000 Interest during Construction 30,000 factoixtlxBotniximarxtt Construction loan fee 15,000 Contingencies 45,000 Bond Discount Other Appraisal; mtg. registration tax; 10,000 title policy; title company fees and misc. It is c441411g1Pagtfintted that construction will begin on or about kpr i 1_1 , 19 79 , and will be completed on or about September 1 19 79 . When completed, there will be approximately 450 new jobs created by the project at an annual payroll of approximately $ 2,600,000 based upon currently prevailing wages. The tentative lease term is 25 years, commencing April 1 , 19 79, and the tenant will (not) have the option to purchase the project for a nominal value upon expiration of the lease term. The municipality will provide the Commissioner with a comprehensive statement indicating how the project satisfies the public purpose and policies of the Minnesota Industrial Development Act. A letter of intent to purchase the bond issue from an underwriter or an analysis of a fiscal consultant as to the feasibility of the project from a financial standpoint is attached to this application. We, the undersigned, are duly elected representatives of Eden Prairie , Minnesota, and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers) This approval shall not be deemed to be an approval by the Commissioner or the State of the feasibility of the project or the terms of the lease to be executed or the bonds to be issued therefor. Date of Approval: Commissioner of Securities Minnesota Department of Commerce TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: John D. Frane, Finance Director DATE: September 15, 1978 RE: Liquor Store The following analysis shows the effect of expanding our present store: NO EXPANSION YEAR SALES GROSS NET. ACCUMULATED NET 1978 400 80 20 20 1979 450 90 30 50 1980 500 100 40 90 Repay loan (70) Profit Balanrn 20 1981 500 100 40 60 1982 500 100 40 100 1983 500 100 40 140 1984 500 100 40 180 YEAR SALES EXPANSION GROSS NET ACCUMULATED NET 1978 400 80 20 20 1979 475 95 20 40 1980 550 110 35 75 1981 650 130 55 130 Repay loan (100) Profit Balance 30 1982 750 150 75 105 1983 750 150 75 180 1984 750 150 75 255 The above indicates that with no expansion we would repay our loan to set up liquor operations sometime during 1980 and that total con- tributions to other City operations would be in the $180,000 range by the end of 1984. Expansion would break us even during 1981 and total contributions to other operations would be in the $250,000 range by the end of 1984. JDF:bq 9/15/78 Paap 2an2 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Bob Lambert, Director of Community Services James E. Jensen, Park Plannei:1:‹ September 13, 1978 Tennis Court Bid Summary - Prairie View and Round Lake Bids have been received for the construction of four (4) tennis courts. Two courts are to be erected at Round Lake and two courts are to be erected at Prairie View School. The following is a summary of the bids: Henry O. Mikkelson $37,725 Warren's Excavating 42,238 London Construction $30,835 Bituminous Roadways $26,980 All bids were accompanied by bid bonds of 10% of the total bid. Staff recommends the acceptance of the low bidder, Bituminous Roadways. The bids breakdown as follows: BITUMINOUS ROADWAYS: Part I Part II Part III Part IV Part V ROUND LAKE Subgrade $ 970.00 Asphalt 5,680.00 Emulsion, Color Coats, 2,210.00 Lines Net Posts, Center Straps 450.00 Fence 10' o.c. 3,550.00 Subtotal $12,860.00 PRAIRIE VIEW $ 970.00 5,680.00 2,210.00 450.00 4,810.00 $14,120.00 GRAND TOTAL $26,980.00 2313 -2- LONDON CONSTRUCTION CO: ROUND LAKE PRAIRIE VIEW Part I Part II Part III PArt IV Part V Subgrade Asphalt Emulsion, Color Coats, Lines Net Posts, Center Straps Fence 10' o.c. Subtotals $ 985.00 7,320.00 2,360.00 440.00 3,725.00 $14,830.00 $ 985.00 7,320.00 2,360.00 440.00 4,900.00 $16,005.00 GRAND TOTAL $30,835.00 WARREN'S EXCAVATING: ROUND LAKE PRAIRIE VIEW Part I Part II Part III Part IV Part V Subgrade Asphalt Emulsion, Color Coats, Lines Net Posts, Center Straps Fence 10' o.c. Subtotals $ 500.00 7,288.00 2,534.00 550.00 4,846.00 $15,718.00 $ 500.00 7,288.00 2,534.00 550.00 5,648.00 $16,520.00 GRAND TOTAL $32,230.00 HENRY O. MIKKELSON CO Part I Part II Part III Part IV Part V Subgrade Asphalt Emulsion, Color Coats, Lines Net Post, Center Straps Fence 10' o.c. Subtotals ROUND LAKE $ 615.00 8,560.00 3,380.00 600.00 5,100.00 $18,255.00 PRAIRIE VIEW $ 600.00 8,400.00 3,300.00 600.00 6,570.00 $19,470.00 GRAND TOTAL $37,725.00 MEMORANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services September 14, 1978 Leaf Recycling Center - Hennepin County Proposal The Hennepin County Leaf Recyling Center previously operated at the northeast corner of the intersection of Franlo Road and County 1 has been discontinued due to the development by Hustad Corporation. Hennepin County would like to continue operation of the Leaf Recycling Center in the same area of the City. The Hennepin County staff. reviewed several sites along Franlo Road south of County Road 1. The first two sites were on property immediately south of County 1 owned by Hustad. The third site reviewed was the proposed park site on Franlo Road approximately 1500' south of County Road 1. The County would like to have a site that is fairly well screened from neighboring residents and some distance from any existing homes as the compost piles do give off some odor for a short period in the spring. The park site became the County's first choice due to the distance from neighboring residents, and because of the natural screening. The previous deal that the County had with Hustad for using the site was to pay for taxes of the property on which the site was located. ".is came from anywhere between $1,500 to $2,000 per year. The staff originally requested the County to consider grading the entire park site, or at least a portion of the park site as a tradeoff for the use of the site for two or three years. Preliminary grading plans showed an estimated 20,000 cu. yds.of dirt to be moved on the site. Figuring the cost of $1.00 per yd. for moving of the dirt, the County informed the staff that it would be much too expensive to grade the site and suggested just a cash rental fee. I have attached a draft copy of the cooperative agreement proposed by Hennepin County. They propose to use 7 acres of the 20 acre site and have determined this 7 acres is taxed at about $600 per year. They are proposing to pay the City $600 per year for the use of the site. The Leaf Recyling Center is a worthwhile and appreciated service to the residents of southern Hennepin County. However, the City of Eden Prairie should receive just compensation for the use of the park site. I would recommend approval of the proposed agreement with the exception that the rent be $2,000 per year. BL:md Draf-t copy Agreement No. County Project No. 7840 City of Eden Prairie County of Hennepin COOPERATIVE AGREEMENT AGREEMENT made and entered into this day of 19 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota. hereinafter referred to as the "County" and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". W1TNESSETH: WHEREAS, the County has been operating a leaf recycling center in the City of Eden Prairie, and WHEREAS, the County's lease on the current site has been terminated by . the owner, and WHEREAS, the City has property available to use as a leaf recycling center, and WHEREAS, the Comty is desirous of continuing to operate a leaf recycling . center in Eden Prairie, and WHEREAS, the County and the City are authorized by Minnesota Statute 471.59 to enter into agreements providing for the exercise of powers shared in common NOW, THEREFORE, IT IS HEREBY AGREED: The City in consideration of the rents and covenants hereinafter mentioned, does hereby demise, lease and let unto the County, and the County does hereby hire and take from the City, the following described premises situated in the County of Hennepin, State of Minnesota, Viz: The northwesterly 7-1/3 acres of the Northwest 1/4 of the Northeast 1/4 of Section 36, Township 116, Range 22W, lying West of Pronto Road and being 806 feet wide in an east-west direction and 400 feet vide in a north-south direction. To have and to hold, the leased premises unto the County for and during the full term of one year from and after the 15th day of October, 1978, to and including the 14th day of October, 19iv, for the following purposes to wit; for the purposes of constructing, operating and maintaining a Leaf Recycling Center and keeping on said premises stockpiles of leaves, and other - 1 - materials to be used in the leaf composting operation. The City does hereby grant to the County the right of ingress and egress to and over the leased premises. Said right of ingress and egress shall be upon and along such course or route as is reasonably necessary for convenient access thereto and may be improved, graded, and maintained at such times and in such manner as may be reasonably necessary for the transportation of materials to and from' the Leaf Recycling Center. The County agrees to pay as rent for the above described premises for the said tens of one year from and after the 15th day of October, 1978, the sum of Six Hundred Dollars ($600.00) and other good and valuable consideration. The City does covenant that the County on paying the rent aforesaid shall and may peaceably and quietly have, hold, and enjoy the leased premises for the term aforesaid. Upon the termination of this lease, the County agrees to remove from the leased premises all materials by it placed thereon, and further agrees at the option of the City, to restore the leased premises to their original condition. The City for itself, its successors, and assigns does hereby release the County from all claims for damages to the leased premises as are necessarily inci- dental to the use vr the property as a Leaf Recycling Cent ,— provided, however, that, at the option of the City, the County shall restore the leased premises, as provided above; and provided further, that the County shall remain liable for all damages caused to the leased premises by reason of County's negligence or the negligence of any other person during the terms hereof. Subject to the City's right to terminate, as hereinafter provided, the County shall have the right to renew this lease for five (5) successive terms of one year each, upon giving written notice thereof to the City, at least one hundred eighty (180) days prior to the expiration of the then current term. Said renewal permits shall be upon the same terms, covenants and con- ditions as the original . term. In the event the County exercises its option to renew, the City shall have the right to reject such election and terminate this lease effective as of the last day of the then current term, by giving written notice of such rejection and termination to the County at 320 Washington Avenue South. Hopkins, Minnesota, 55343, Attention Luther D. Nelson, within thirty (30) days after actual receipt of the County's notice of exercise. If the City does not give notice of rejection and termination within said thirty (30) day period, - 2 - this lease shall be deemed to be extended for one year upon the terms and conditions set forth above. The County, and the City each binds himself, his successors. execu- tors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. The County indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions, and causes of whatsoever nature or character ariiing out of or by reason of the County's use of the leased premises provided for herein, and further agrees to defend at its own sole cost and expense any action or proceeding conmenced for the purpose of asserting any claim of whatsoever character which may arise as a result of work performed by the County hereunder. - 3 - IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. ATTEST: IN THE PRESENCE OF: CITY OF EDEN PRAIRIE, MINNESOTA BY: Its City Mayor , (Seal) DATE: AND: It City Manager DATE: COUNTY OF HENNEPIN .Deputy County Auditor DATE: BY: Chairman of its County Board DATE: Upon proper execution, this agree- ment will be legally valid and binding and upon date of approval is in compliance with all laws relating to the subject matter hereto. BY: DATE: Assistant County Attorney DATE: BY: Associate County Administrator and County Engineer APPROVED AS TO EXECUTION BY: Assistant County Attorney BY: DATE: Director, Department of Environment and Energy RECOMMENDED FOR APPROVAL BY: Deputy County Administrator DATE: DATE: MEMORANDUM TO: TRU: FROM: DATE: SUBJECT: Mayor and City Council Bob Lambert, Director of Community Services Stuart A. Fox, City Forester SAS' September 13, 1978 Relocation Assistance for John A. Bren The "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" requires relocation assistance to persons displaced by acquisition of real property in federal or federally assisted programs. Relocation Assistance covers: 1. Actual expenses in moving. 2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, or lisplaced person may receive a moving expense allowance no to exceed $300 and dislocation allowance of $200. In addition, additional payment not to exceed $15,000 to any displaced person may be made for: 1. The difference between the acquisition payment for a dwelling, and the actual reasonable cost which a displaced homeowner must pay for a comparable dwelling. 2. Reimbursement for any increased interest costs which the person is required to pay for financing the acquisition of a comparable replacement dwelling. 3. Reimbursement for expenses for evidence of title, recording fees and other closing costs incident to the purchase of the replace- ment dwelling, but not for prepaid expenses. In the case of John A. Bren, I have determined that Mr. Bren is eligible for a replacement housing payment of $15,000 (see appendix 12, page 2 block el.) This is the maximum housing allowance. Since Mr. Bren will be moving himself he has opted to take the fixed moving payment of $500, for which he is eligible. The total relocation costs for John A. Bren are $15,500. These costs for relocation arc covered by the Regional Park Development Grant which we have received from the Metro Council SAF:ind 2/75 Page 2 RELOCATION HANDBOOK 1371.1 REV APPENDIX 12 MACK It GOLVUTATION OF Of PEAGtfot MI MOUSING ./0/11/NI ?Unit? INS T RUCTIONS: Complete Blocks E. P, and G Wont completely the block B. S. MM.. *I fellolooloO poofromm mooponool &am Block E. I... N $16 800 2. A.m. .., .30r. PoIoMot comp000m *ow Sba F.D. Ill $ 3. MIlsoont of U Mom= ammafoot /Poo /loot G. Og. NA NV1.0 II 15,000 4. Syne Una 1.2. ono 3. III memo neredn 313.000.ms 111.000,1 t...-- If Alwyn of orma0foroo owl to Mar mr woliolonmomn el mfoloovens.11 fl. gsplobNllea II $ S. Mom. al omMumroom ff or • moo Lim fi $ 15,000 gory MISSIMMIi• Illovk 0 !Wow.) {LOGE C. PERSON 411/11WING CLAIM AND COMPUTI NO PAVIMENT 11MilsoldmOobionals vonholl ood IN wawa of So marmot comoomO MC gift/at-A //I /7 43 .46 k_Lt_,,4;ZIC fiforem Men motley. eft/W.W.I ovary. Llsomfy emoms omh mho* el Akira ) BLOCK O. AGM.. _CERTIFICATION 'GENII'S the I Na. outnimM Om elaym.aml Om atotornmelng gaeofnenummo. ood ow. ,OLIMI .1 100 Ms mon, 1.111 ON Mieff•Mo Poo ouu o. SWIM., M.." 1.1. fooMf woo moods, On °MIMI.. of Moo.. vol WO.. OmfMaloneni $1nn•n144t lImmOre. tombs Nom. Mn M.S. o mom.) mo0 'moot lo ovOlonoof an onuomm akr•5ix-2 6. low CI Itiml Pirnear of .40•10Alsed Amu, Off Midi M.) (Workhomfoofoomel on on, imool MEMO TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer September 14, 1978 100% Petition AMOCO E/W Road LC. .51-334 The attached 100% petition has been received in request of watermain, storm sewer and street improvements on the E/W roadway abutting the AMOCO site from T.H. 169 to Eden Road. One of the petitioners (Mr. Pobuda) is requesting a five year deferment on the storm sewer assessment because he is still a homesteaded property owner. Upon the end of the five year period, or rezoning of the.prop- erty, whichever comes first, the assessment (estimate with deferred interest, would then be levied. This seems to be a reasonable request and is consisnt with deferments granted to other homesteaded properties for similar improvements in this area. Recommend adoption of Resolution No. 78-170 ordering said improvements. CJJ:kh Attachment CITY OF EDEN PRAIRIE, MINNESOTA 100 ,1 PETITIOU.FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property desc r i b e d below and herein petition for the Eden Prairie City Council to p r o c e e d with making the following described improvements: (General Location) Sanitary Sewer s` r//.e r e„. (4. , 4 7 1-11 6 ? /' /- /i/ /4: 4 / _CEA-17 /77;Ar N'rel 4 4 t '17) 1 4, h4 uitt-lat to' Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby wai v e a n y public hearing to be held on said improvements, and further sta t e a n d agree that the total cost of said improvements shall he special l y a s - sessed against the property described below in accordance with t h e City's special assessment policies. We further understand the:. ' . . h e preliminary, estimated total cost for the said improvements is Watermain .>( Storm Sewer .Street Paving Other Street Address or other Legal Description of Property to he Served Names and addresses of Petitioners (Must be owners of record) (`- CC- ilt,V /:/ )47•, I 3 4,/. ',,. ,-.2 —_. r .‘2,-- 2--s-.-....e.-1/4. -R.e.„ 1 A-e—v---ca - ‘..—Q-------S --e3 (For City Use) Date Received (5, — - Project No. Council Consideration September 19, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-170 RESOLUTION RECEIVING 100Z PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS ON AMOCO, TEMAN & BALL PROPERTIES (I.C. 51-334) BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed watermain, storm sewer and street improvements for the E/W street abutting the AMOCO, Teman & Ball properties between T.H. 169 and Eden Road, (Tr. B, RLS #1449), I.C. 51-334, at an estimated total cost of have petitioned the City Council to ccnstruct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, with the assistance of Rieke Carroll Muller Assoc., Inc., shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper. ADOPTED by the City Council of the City of Eden PRAIRIE ON Welfgang H. Penzel, Mayor ATTEST: SO171-0. Frane, ctFk SEAL 2 3)4 r:230 , - 700 cr• r ,00-416, 727:,