HomeMy WebLinkAboutCity Council - 01/16/19790 04te ROLL CALL
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY Isom
COUNCIL MEMBERy /'
er „.1
COUNCIL STf4: (!
7:30 PM, CITY HALL
1ty Manager Roger Ulstad; City Attorney
er Pauly; Planning Director Chris Eager;
nce Director John Frane; Director of
nity Services Bob Lambert; Engineer
1 Jullie; and Joyce Provo, Recording
Secretary
i` Mayor Wolfgang Penzel, Dean Edstrom, Dave
Ost erholt, Sidney Pauly and Paul Redpath
INVOCATION
'LEDGE OF ALLEGIANCE
I. SWEARING IN CEREMONIES FOR PAUL REDPATH
U. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
III. MINUTES
A. Minutes of City Council Meeting held Tuesday, December 19, 1978
B. Minutes of City Council Meeting held Tuesday, January 2, 1979
IV. CONSENT CALENDAR
A. Clerk's License List
B. Set Public Hearing for Chatham Woods for February 6, 1979
C. Set Public Hearing for Norseman Industrial Park. 3rd Addition for
February 6, 1979
D. Set Public Hearing for Lake Heights Addition for February 6, 1979
E. Set Public Hearing for Jerry's Super Valu for February 6, 1979
F. Authorize bids for 1 dump truck
G. Authorize bids for quick lime for water treatment
H. Accept street and utility improvements in Red Rock Hills 3rd
Addition
I. Accept sanitary sewer and watermain improvements for Hipps Mitchell Heights 3rd Addition
V. PUBLIC HEARINGS
Page fT,
Page 73
Page 80
Page 83
Page 85
Page 86
Page 87
Page 88
Page 89
Page 91
A. Bluff's West 2nd Addition by Hustad Development Corporation, Dr. & Page 93
Mrs. Brandt, and B.F.I. Request for rezoning from Rural to R1-13.5
on 97 acres (ResolialTi No. 78-154 and Ordinance No. 7841)
Continued Public Hearing from December 5, 1978
VI. REPORTS OF ADVISORY COMMISSIONS
VII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 78-56, rezoning 11.7 acres from Rural
to Commercial-Regional Service for Eden Prairie Neighborhood Center,
BarMil Research Corporation and developers agreement
B. Resolution No. 79-14, granting final approval for Municipal Industrial
Development Bonds for C.P.T. Corporation 0/ co 4.-A
'Resolution No. 79-15, granting fina;:mola Municipal Industrial
Development Bonds for Super Vali
Resolution No. 79-16, orantini final approval for Municipal Industrial
Development Bonds for Kensington Development /.0rpe4c,‘
e--
—4
Council Agenda - 2 - Tues.,January 16, 1979
B. Community Development Block Grant. Joint application for approximately Page 94
$65,000 of Federal funds to be used for eligible community projects.
Page 95
Page 104
Page 109
Page 113
Page 119
Page 120
VIII.
Resolution No. 79-19, granting preliminary approval for Municip#1
Industrial Development Bonds for Eden Hills Company AA p....of Jr o
Resolution No. 79-20, •ranting preliminary approval for Municipal
Industrial Development Bonds for Menard's, Inc. M 0 g
REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
I. Appointment of members to the Citizens Advisory Commission
on Cable TV
2. Appointment of 1 Representative to the WAFTA Board for a
1 year term. Appointment by Council
3. Set date for Council to meet with Commissions (Request made by
the Parks, Recreation & Natural Resources Commission)
B. Report of City Manager
I. Request for change order regarding developments agreement for
Creekside Heights, item #3
C. Report of City Attorney
D. Report of Director of Community Services
1. Mitchell Lake Park Option
2. Topview Park
E. Report of City Engineer
I. Consider bids for sanitary sewer extension for Super Valu head-
quarters site, I.C. 5)-332 (Resolution Nos. 79-17 and 79-14
Page 121
Page 124
Page 125
Page in
Council , Agenda
2.
3.
4.
Final Plat aeproval for Olapit Hills Highland (Resolution No.
)9-09I
Report on meetings with. Mir tenter Area property, comers
regarding transporiattcni floptovements
Release of 10% retainage - MTh
F. Report of Finance .0trector
1. Hunici..pal jodustrial Developsent B
2.
si RepartIllal
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errs& Associates. and
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ndustrial DTOPOflt W
111 —
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UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 19, 1978
COUNCIL MEMBERS:
COUNCIL STAFF PRESENT:
INVOCATION: Councilman Dave Osterholt
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
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; Planning Director Chris
Enger; Finance Director John Frane;
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; and Joyce
Provo, Recording Secretary
Mayor Penzel presented plaques to outgoing Council Members Joan Meyers and Billy Dye on
behalf of the City Council in appreciation for their dedication and service to the City of
Eden Prairie.
I. APPRNVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda:
A. Cable TV under the "Reports of Council Members" category
B. Menard's Grading and Elevation Plan under the 'New Business"
category
MOTION: Meyers moved, seconded by Bye, to approve the agenda as amended and
published. Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 21, 1978
Pg. 2, 4th para., last line, strike "inhouse" and insert in lieu thereof
"at Hustad's offices".
Pg. 3, 1st para., 3rd line, strike 'waste" and insert in lieu thereof "wastes'.
Pg. 6, item VII. A., 2n4 para., 2nd line, strike 'granting preliminary approval'
MOTION: Bye moved, seconded by Meyers, to approve the minutes of the November 21,
1978 Council meeting as amended and published. Motion carried unanimously.
III. CONSENT CALENDAR
A. Clerk's License List
B. Set Public Hearing for removal of diseased trees on private property for
February 6, 1979
C. Set Public Hearing for Round Lake Estates for February 6, 1979
MOTION: Meyers moved, seconded by Bye, to approve items A - C on the Consent
Calendar. Motion carried unanimously.
GC
Council Minutes - 2 - Tues.,December 19, 1978
IV. PUBLIC HEARINGS
A. Bluff's West 2nd Addition by Rusted Development Corporation, Dr. & Mrs. Brandt,
and B.F.I. Request for rezoning from Rural to R1-13.5 on 97 acres (Resolution
To. 78-154 and Ordinance No. 78-41) Continued Public Hearing from December 5,
1978.
Mayor Penzel referred to communication from Richard Putnam, Busted Development
Corporation, requesting the Bluff's West 2nd Addition Public Hearing to he
continued to permit resolution of the park and overall development plan question.
MOTION: Meyers moved, seconded by Bye, to continue the Bluff's West 2nd
Addition Public Hearing to the January 16, 1979 Council meeting. Motion carried
unanimously.
B. Thrift-Way Stores, request by Mr. Salzburg to rezone 5.409 acres from Hwy.-Conan.
and Rural to Commercial-Regional Service for a grocery store. The site is
located on the north side of West 78th Street and south of Leona Road (Ordinance
No. 78-55) Continued Public Hearing from December 19, 1978
City Manager Ulstad explained the proponent called last Thursday, December 14,
and requested that his application for consideration of rezoning he withdrawn.
Mr. Ulstad talked to the proponent again on Monday of this week, December 18,
and they did not wish to change their request. .
-MOTION: Meyers moved, seconded by Bye, to close the Public Hearing on the
rezoning request for Thrift-Way Stores without action due to the proponent's
request for withdrawal. Motion carried unanimously.
C. 4/5 Planned Study, recommendation on reinstating properties in SW, SE and
NE quadrants back into Planned Study (Ordinance No. 7847)
City Manager Ulstad explained there is an affidavit on file calling for this
Public Hearing and property owners in the 4/6 quadrants have been notified of
this hearing.
City Planner Enger spoke to the Staff Report dated 11/16/78 and the recommendation
by the Planning Commission of December 11, 1978, to place the areas as outlined
in the Staff Report into Planned Study for a period of one year.
MOTION: Bye moved, seconded by Meyers, to close the Public Hearing and give
a 1st Reading to Ordinance No. 78-57, reinstating properties in the SW, SE and
NE quadrants back into Planned Study. Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
A. Development Commission - Report from Chairman Dean Edstrom on the Eden Prairie
Foundation
Dean Edstrom, Chairman of the Development Connission, explained the commission
has been considering the establishment of an Eden Prairie Foundation. The purpose
of the Foundation would be to receive gifts from anyone in the community who
wished to contribute to the community. There is some feeling if a Foundation
is established it would be somewhat easier for people to give gifts to the
community, i.e., they don't feel that any gift would be tangled up perhaps in the
political process, might feel a Foundation would have a more objective view
to the use of gifts, and the Foundation would be in a position to use gifts of
money, property, etc., as it deemed fit for the community.
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Council Minutes - 3 - Tues.,December 19, 1978
A. Development Commission (continued) .
Edstrom stated a number of Foundations have been set up throughout the country,
larger ones in this area would include the Minneapolis Foundation and the St.
Paul Foundation, which are quite well known. Edina also has one and the City
Staff has been working with the Development Commission and have communicated
with the Edina people to see how their Foundation is operated. The concept
is this would be a tax exempt corporation. Tax exempt status would be necessary
for the purpose of keeping the fund in tact and used completely for the benefit
of the community. There would be no minimum or maximums on the gifts that could
be made. The gifts could be made in cash or in property, however, the Foundation
Board would be in a position to refuse gifts if they felt the gift inappropriate,
uneconomical, etc. Edstrom spoke to the Development Commission minutes from
the meeting held November 15, 1978 where the Foundation was discussed in detail.
One of the questions that came up during the consideration of the Foundation
by the Development Commission was whether gifts of land by landowners or developers
might be made to the Foundation., perhaps in lieu of cash park fees or park
dedication in connection with development. Based on inquiries made, it does not SOW
that would be the appropriate or possible direction for the Foundation simply
because the Internal Revenue Service would look at those gifts as, in effect, a
condition of development and consequently the developers would not achieve the
tax advantages they would hope for by making a gift. Edstrom pointed out the
recommendation of the Development Commission is that the Council at this time
authorize the City Attorney to commence drafting the Articles of Incorporation
and the Bylaws and to work again with the Development Commission to refine same,
and then bring them back to the Council for review.
General discussion tqpk place regarding the formation of an Eden Prairie
Foundation and Mr. Edstrom answered questions of Council members.
Osterholt suggested Staff get a copies of other communities bylaws and maybe a
representative from one of the other Foundations to appear before the Council
to tell how their Foundation functions and what the values are.
MOTION: Osterholt moved, seconded by Pauly, to direct Staff to investigate
further the success of these Foundations in other communities and report back to
the City Council at the earliest opportunity. Motion carried unanimously.
VI. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 78-31, rezoning from Rural to RN 6,5 for
Prairie East 7th and developers agreement
Mayor Fenzel explained the proponents have requested this item to be
continued to a future Council meeting as there is a wording difficulty
in the developers agreement.
Fenzel requested that somewhere in the developers agreement the name
of "Windsor Development Corporation" appear.
Bye stated it would help the Council if proposals would clearly delineate
who the proponents are.
MOTION: Osterholt moved, seconded by Pauly, to continue the 2nd Reading
of Ordinance No. 78-31 and the developers agreement for Prairie East 7th
to a future Council meeting. Motion carried unanimously.
6?
Council Minutes 4 Tues.,December 19, 1978
B. Resolution No. 78428, grantinupreliminary approval for MIDB's for United
Properties
Boyd Stofer, Vice President of United Properties, spoke to their request •
and outlined in detail their application for an Industrial Development Bond
Project. Mr. Stofer showed slides of other properties in Minnesota owned
by The Northland Company and properties managed by United Properties, a
division of The Northland Company, along with aerial photographs of the property
they are intending to purchase in Eden Prairie should the Council give
favorable approval to the tax exempt mortgage. The property is located just
west of the intersection of Washington Avenue and Valley View Road on an 8-acre
site in the Norseman Industrial Park, 2nd Addition, and the intended use will be
for office, warehouse and service uses. Stofer stated their reasons for approach-
ing the Council on tax exempt financing is that the project is unfeasible with
conventional financing. At this time they are looking at rates in excess of
10% and they have put an option on the property in anticipation of approval of
tax exempt financing, and the option expires the 22nd of December.
Bill Balsiger, Northland Mortgage Company, stated their intent is to sell this
tax exempt mortgage to one investor, that investor is yet unnamed. They have
talked to two investors who have shown ibterrat in the program* those being
Metropolitan Life and New England Mutual. They cannot move forward with these
.investors until they receive approval of the MOB request from the City Council.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-228, granting
preliminary approval for Municipal Industrial Development Bonds for United
Properties. Motion carried unanimously.
C. 2nd Reading of Ordinance No. 78-46, licensing and regulating the use and sale of
Intoxicating liquor
MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd Reading of
Ordinance No. 78-46, licensing and regulating the use and sale of intoxicating
• liquor. Motion carried unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Councilwoman Sidney Pauly - Resolution No. 78-332, recommending the
appointment of Edward Hjermstad to the Metropolitan Transit Commission
Councilwoman Pauly spoke to Resolution No. 78332, and recommended
adoption of same.
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-332,
recommending the appointment of Edward Hjermstad to the Metropolitan
Transit Commission. Motion carried unanimously.
2. Councilwoman Joan Meyers - Cable TV
Meyers spoke to the Joint Powers Commission meeting held December 6* 1978
and reported on two items from that meeting: 1) Mr. Hanks, Chairman of
the Joint Powers Commission and a Councilman from St. Louis Park, requested
that the members point out to their City Councils that the COmilde ratio;
of Cable TV doesn't cost the City anything, and even the approval of Cable
Council Minutes 5
Tues.,December 19, 1978
2. Councilwoman Joan Meyers - Cable TV (continued)
TV doesn't cost the City anything. However, there will be many people
hours of commission work and franchise development, etc. Once the question
is addressed by the Council to go or not to go with Cable TV, unless
we go into the area of public programming, there isn't a cost and then it
Is up to the private decision of homeowners along the wire whether or not
they want to join. Mr. Hanks urged our City Council to consider the
question of Cable TV in each of our communities: 2) To start with that
consideration the Council should appoint a Citizens Advisory Commission
as soon as possible. Meyers urged the Council to consider the appointment
of this Commission at the 2nd Council meeting in January and explained that
anybody appointed to the Commission has to be a resident of the City.
Meyers suggested the Council include representatives from homeowners groups,
churches, senior citizens, Chamber of Commerce, and maybe the library or
friends of the library, and the School District.
B. Report of City Manager
1. Adjustment to the 1979 Budget
City Manager Ulstad spoke to his memo dated December 15, 1978.
MOTION: Osterholt moved, seconded by Bye, to approve the recommendation
of the City Manager to amend the 1979 Public Safety Department Budget
by transferring $18,750 from the unappropriated surplus of the General'
Fund to the Public Safety Department for the purpose of adding one
additional police officer. Roll Call Vote: Osterholt, Bye, Meyers,
Pauly and Penzel voted "aye". Motion carried unanimously.
2. Federal Wage and Price Guidelines
City Manager Ulstad requested the Council's support of the Federal
Wage and Price Guidelines as outlined in PELRA newsletter dated
November 1, 1978.
MOTION: Osterholt moved, seconded by Pauly, to approve the City Manager's
recommendation to support the Federal Wage and Price Guidelines. Motion
carried unanimously.
C. Report of City Attorney
No report.
D. Report of Director of Community Services
1. Park Dedication Ordinance (Ordinance No. 78-229)
Director of Community Services Lambert spoke to the proposed park dedication
ordinance nothing that the ordinance was before the Parks, Recreation &
Natural Resources Commission on 12/18/78 and the Commission requested
additional time to review same.
Penzel suggested the Council members make their recommendations to Mt.
Lambert as to any modifications, and in the meantime wait for the Parks,
Recreation & Natural Resources Commission to make a recommendation to
the Council.
Council Minutes - 6 - Tues.,December 19, 1978
I. Park Dedication Ordinance (continued)
Osterholt commented if there is a thought in mind to make any increases
In the fees, there should be some kind of a uniform adjustment or across
the board increase.
Pauly questioned if something could be put in the ordinance that land
to be dedicated be good land. Also in the tot lot recommendation something
that would be very cheap and would not have to be required, Is when land is
being excavated and if there are any enormous boulders, a few of these
boulders in a park are a tremendous thing to play on.
Bye suggested input from potential developers as to their attitudes and
ideas.
Council members referred this item back. to Staff.
2. Mitchell Lake Park Option
Director of Community Services Lambert spoke to his memo dated 12/15/78,
recommending that the City enter into a five-year option on the Miller
property that would allow the City to acquire warranty deeds on portions
of the property acquired through grants. Lambert cemented he has talked
about this proposal with representatives from the Miller's and they have
some concern about the interest. The option agreement talks about-6% per
annual interest, therefore the only way it could possibly be worked out
would be when the City acquires the property each year, that interest
cost would have to be added on to the price of the property. Lambert stated
he is not comfortable about having to buy land this way, t,at doesn't see
any other way to enter into this and try to secure grant money.
Art Miller was in attendance at the meeting represented by his legal
counsel, Dennis Moriarity and Jerome Jaspers.
Mr. Moriarity commented if the City buys the first parcel, the 5th year
they don't want the City to come in and buy the 2nd parcel - it has to be
contiguous.
Council members agreed the property under consideration is a beautiful
choice piece of property for a park.
Osterholt asked that figures be provided to the Council to identify what
the City will have to pay and when they are obligated to pay.
MOTION: Meyers moved, seconded by Pauly, to direct Staff to draw up an
option agreement for the purchase of the Miller property as outlined in
memo dated 12/15/78, incorporating concerns and figures that were discussed
this evening, and bring the matter back for Council consideration for
approval at the 1/2/79 Council meeting; or that it be brought before a
special meeting unless an extension of the option is obtained for a 30-day
period, at which time it could be presented then at a regular Council meeting.
Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to change the name of the park
from "Mitchell Lake Park" to "Miller Park on Mitchell Lake". Motion carried
unanimously.
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Council Minutes
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Tues.,December 19, 1978
E. Report of City Engineer
1. Consider bids for public works maintenance equipment
City Engineer Jullie spoke to his memo dated December 14, 1978, and
in addition informed the Council that the Long Late Ford Tractor Company
on the bottom of one of their proposal forms did submit a bid price
for a different modeled mower on the Ford 5600 tractor. They indicated
a deduct price of $375.00 from their base bid of $15,431 for the roadside
maintainer, which made their bid $8.00 lower than that of Valley Equipment
Company. However, Staff still recommends the awarding of the bid to Valley
Equipment for the tractor mower because the Ford 5600 tractor did not
conform to the specifications. Jullie therefore recommended the awarding
of the contract to McQueen Equipment Company in the amount of $53,231.00 for
the jetting machine and the eductor machine, and to Valley Equipment
Company in the amount of $15,064.00 for the tractor mower.
MOTION: Bye moved, seconded by Meyers, to award the bid to McQueen
Equipment Company in the amount of $53,231.00 for the jetting machine
and eductor machine, and to Valley Equipment Company in the amount of
$15,064.00 for the tractor mower as the low bid of Long Lake Ford Tractor
did not meet the specifications. Roll Call Tote: Bye, Meyers, OsterhOlt.
Pauly and Penzel voted "aye". Motion carried unanimously.
2. Final plat approval for Mitchell Lake Estates (Resolution No.
78430)
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-230,
approving the final plat of Mitchell Lake Estates subject to the
requirements of the Engineer's Report dated December 13, 1978. Motion
carried unanimously.
3. Change Order No. 1, I.C. 51-320, Eden Road sanitary sewer contract,
Northdale Construction Company
City Engineer Jullie spoke to his memo dated December 14, 1978, and
recommended approval of Change Order 1, I.C. 51-320 in the amount of
$3,906.30.
MOTION: Meyers moved, seconded by Pauly, to approve Change Order 1,
I.C. 51-320, Eden Road sanitary sewer contract, and authorize payment
of $3,906.30 to Northdale Construction Company. Roll Call Vote:
Meyers, Pauly, Bye, Osterholt and Penzel voted "aye% Motion carried
unanimously.
F. Report of Finance Director
1. Payment of Claims Nos. 2433 - 2621
MOTION: Osterholt moved, seconded by Meyers, to approve Payment of
Claims Nos. 2433 - 2621. Roll Call Vote: Osterholt, Meyers, Bye.
Pauly and Penzel voted "aye% Motion carried unanimously.
Council Minutes - 8- Tues.,December 19, 1978
2. Adjustments to the 1978 Budget (Resolution No. 78-231)
Finance Director Prone spoke to memo dated 12/14/78 regarding adjustments
to the 1978 budget, and recommended Council adopt Resolution No, 78-231
approving the budget adjustments.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-231,
approving the adjustments to the 1978 Budget as per memo dated December 14,
1978. Roll Call Note: Osterholt, Pauly, Bye, Mayers and Fenzel , voted
"aye". Motion carried unanimously.
VIII. NEW ausotss
A. Menard's Grading and Elevation Plan
Dan Johnson, Suburban Engineering, displayed the Concept development plan and
how grading is proposed to take place on the Menard's site.
Planning Director Enger exploited that he, along with City Engineer .1011g,
received this plan today, 12119/78, and it is what they had asked for in terms
of what Menard's had in Mind. Enger believes once the grading is accomplished
it will enhance the development. The general overall: grading plan is good,
once the mass grading begins to happen. Does have tonterltabOut the
prolification of the -number of separate individual small =venial tut.
ii
1
'City Engineer Jullie conmented the grading up along and close to Valley View
, Road along the Ring Road alignment would be such so as to not encroach into
the road bed of Valley View Road, and there would be no tie-in of the service road
y'
or Ring Road until such timLos the City completes its project, Which would
include extending_theR)and Valley View Rood all the way over to Mitchell
'----------901d:—At-thartime the City would include the connection of the Ring Road, .
as Menard's shows, over to the bridge and cul ,-de-socing Valley View Road. TO do
it now is just about impossible because of the grade separation between the
grades on Schooner Boulevard and Valley View Road. '
Penzel suggested striking "concept plan" in the developer's agreement. Council
members concurred.
MOTION: Bye moved, seconded by Meyers, to receive the grading plan as submitted
and make it part of the file on the Menard's request for approval. Motion
carried unanimously.
IX. ADJOURNMENT
MOTION: Bye moved, seconded by Meyers, to adjourn the Council Meeting at 10:46 PM.
Motion carried unanimously.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 2, 1979
COUNCIL MEMBERS:
COUNCIL STAFF PRESENT:
7:30 PM, CITY HALL
Mayor Wolfgang Penzel, Dean Edstrom,
Dave Osterholt, Sidney Pauly and Paul
Redpath
City Manager Roger Ulstad; City Attorney
Roger Pauly; Director of Community Services
Bob Lambert; City Engineer Carl Jullie; and
Joyce Prey°, Recording Secretary
INVOCATION: Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: Penzel, Edstrom, Osterholt and Pauly present; Redpath absent.
I. SWEARING IN CEREMONIES FOR MAYOR WOLFGANG PENZEL AND COUNCILMAN DEAN EDSTROM
City Attorney Roger Pauly conducted the swearing in ceremonies for Mayor
Penni and Councilman Edstrom.
II. OFFICIAL DESIGNATION
A. Appointment of Acting Mayor for 1979
MOTION: Osterholt moved, seconded by Edstrom, to appoint Councilwoman.
Sidney Pauly as Acting Mayor for 1979. Osterholt„ Edstrom and Penzel
voted "aye", Pauly "abstained". Motion carried.
III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the agenda under the "New Business" category:
A. Appointment of a Public Health Sanitarian
MOTION: Osterholt moved, seconded by Edstrom, to approve the agenda as amended
and published. Motion carried unanimously.
IV. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 5, 1978
MOTION: Osterholt moved, seconded by Pauly, to approve the minutes of the
December 5, 1978 Council meeting as published. Osterholt, Pauly and Penzel
voted "aye", Edstrom "abstained".
V. CONSENT CALENDAR
A. Clerk's License List
B. Annual Minnesota DOT Agency Agreement approval (Resolution No. 79-07)
C. Annual Minnesota DOT Engineering Technical Assistance Agreement (Resolution No. 79-08)
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Council Minutes
- 2 - Tues.olanuarY 2, 19 79
V. CONSENT CALENDAR (continued)
D. Final Plat approval for Olympic Hills Highland (Resolution No. 79-09)
E. Final Plat approval for Prairie East 8th Addition (Resolution No. 79-10)
F. 2nd Reading of Ordinance No. 78-54, changing a street name within the City
. of Eden Prairie from Cartway or West 184th Avenue to West 180th Avenue
MOTION: Osterholt moved, seconded by Pauly, to approve items A, 8, C, E and
F, thus eliminating item D. Item D to be added to the end of the agenda for
discussion purposes. Motion carried unanimously.
VI. REPORTS OF ADVISORY COMMISSIONS
No reports.
VII. APPOINTMENTS
A. Metropolitan League of Municipalities - Appointment of 1 Representative
and 4 Alternates
MOTION: Osterholt moved, seconded by Edstrom, to appoint Mayor Fenzel
as Representative to the Metropolitan League of Municipalities and the
remaining four Council members as alternates. Motion carried unanimously.
B. Health Officer - Appointment of 1 Health Officer for the year 1979
MOTION: Pauly moved, seconded by Osterholt, to reappoint Dr. Fred Ekrem
as Health Officer for 1979,and that a letter of thanks and appreciation be
sent to Dr. Ekrem on behalf of the Council. Motion carried unanimously.
C. Suburban Rate Authority - Appointment of 1 Representative to the Suburban Rate
Authority for 1070.
MOTION: Osterholt moved, seconded by Pauly, to reappoint City Engineer Carl
Jullie as the Representative to the Suburban Rate Authority for 1979. Motion
carried unanimously.
D. South Hennepin Human Services Council - Appointment of 2 Representatives for
2 year terms commencing 2/1/79
MOTION: Edstrom moved, seconded by Pauly, to reappoint Mary Hayden and Doug
Meyer as representatives to the South Hennepin Human Services Council for
2 year terms commencing 211/79. Motion carried unanimously.
E. Assistant Weed Inspector - Appointment of Assistant Weed Inspector for 1979
MOTION: Pauly moved, seconded by Osterholt, to reappoint Wes Dunsmore Assistant
Weed Inspector for 1979. Motion carried unanimously.
F. WAFTA Board - Appointment of 1 Representative for a 1 year term
Fenzel requested this appointment be deferred to the January 16, 1979 Council
meeting.
MOTION: Osterholt moved, seconded by Edstrom, to continue the appointment to
the WAFTA Board to the January 16, 1979 Council meeting. Motion carried
unanimously.
Council Minutes - 3 - Tues.,January 2, 1979
G. Human Rights & Services Omission - Appointment of 1 member to fill an unexpired
term to 2/28/81
H. Development Commission - Appointment of 1 member to fill an unexpired term to
2/28/80
I. Planning Commission - Appointment of 1 member to fill an unexpired term to
' 2/28/80.
Penzel requested that items G - I be continued to the February 1979 Council
meeting.
MOTION: Osterholt moved, seconded by Edstroo6 to continue items G - I to the
February 1, 1979 Council meeting. Motion carried unanimously.
VIII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 78-57, reinstating properties in SW, SE and NE
quadrants back into Planned Study
MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading of
Ordinance No. 78-57, reinstating properties in SW, SE and NE quadrants back
into Planned Study. Motion carried unanimously.
B. Resolution No. 79-01, authorizing use of facsimile signatures by Public
Officials
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 79-01,
authorizing use of facsimile signatures by Public Officials. Osterholt,
Pauly and PenZel voted 'ayes; EdStrom "abstained°, Metion cArried. "
Edstrom explained his reason for abstaining is the fact that he does have
a minor amount of stock in Suburban National Bank. Edstrom stated he is, however,
in the process of disposing of his holdings.
C. Resolution No. 79-02, authorizing the treasurer to invest City of Eden Prairie
Funds
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 79-02,
authorizing the treasurer to invest City of Eden Prairie Funds. Motion carried
unanimously.
D. Resolution No. 79-03, designating an official newspaper
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-03,
designating Eden Prairie News as the City's official newspaper. Motion carried
unanimously.
E. Resolution No. 79-04, authorizing City officials -to transact Banking Business
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 79-04,
authorizing City officials to transact Banking Business. Motion carried
unanimously.
76'
'24
Council Minutes - 4 - Tues.,January 2, 1979
F. Resolution No. 79-05, designating depository for the City of Eden Prairie
Mayor Penzel referred to communications from Suburban National Bank and
Midwest Federal requesting Council consideration to be named the official
depository for the City of Eden Prairie.
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 79-05,
designating Suburban National Bank as the dispository for the City of Eden Prairie.
'Pauly, Osterholt and Penzel voted "aye", Edstrom "abstained". Motion carried.
Edstrom abstained for reasons stated in item VIII. B.
Osterholt requested that staff respond at a future meeting what the advantages
would be to have a savings and loan as the City's official depository.
G. Resolution No. 79-06, desisnating,the official meeting_dates, time and place
for the City of Eden Prairie Council members in 1979
MOTION: Edstrom moved, seconded by Osterholt, to adopt Resolution No. 79-06,
designating the official meeting dates, time and place for the City of Eden
Prairie Council members in 1979. Motion carried unanimously.
IX. REPORTS OF OFFICERS, BOARDS & commusms
A. -Reports of Council members
1. Mayor Penzel noted he has asked City Manager Ulstad to lock at a disclosure
ordinance for Council's consideration at a future meeting.
B. Report of City Attorney
No report.
C. Report of City Manager
1. Renewal of contract for Animal Patfol Services with Metropolitan
Animal Patrol Services, Inc. (Name has been changed to: Municipal
A Private Service, Inc.)
City Manager Ulstad recommended the Council consider approval of extending
the contract with Municipal & Private Service, Inc. until such time as
Council wishes to change. Ulstad further commented the rates are within the
7% increase.
MOTION: Osterholt moved, seconded by Edstrom, to renew the contract with
Municipal & Private Service, Inc. for Animal Patrol Services as per contract
submitted. Roll Call Vote: Osterholt, Edstrom, Pauly and Penzel voted "aye".
Motion carried unanimously.
2. Appointment of City Attorney
City Manager Ulstad recommended Council consider the appointment of Roger
Pauly as City Attorney for 1979 at the same fees as were proposed for
1978.
Edstrom referred to Attorney General's Opinion where the primary conclusion
seems to be a question of whether the wife,' as Councilwoman, would receive some
Council Minutes - 5 - Tues.,January 2, 1979
2. Appointment of City Attorney (continued)
benefit from the services provided, and asked Mr. Pauly to respond to this
question.
City Attorney Pauly replied he is aware of the qualification provided in the
Attorney General's Opinion as to the use of funds derived from the engagement
for the support of his spouse and commented he has endeavored to take
measures to separate those funds and see that they are not used for those
purposes, and would expect to continue to do so in the future.
MOTION: Osterholt moved, seconded by Edstrom, to appoint Roger Pauly as
City Attorney for 1979 as per the recommendation of City Manager Ulstad.
Osterholt, Edstrom & Penzel voted "aye", Pauly "abstained". Motion carried.
D. Report of Planning Director
I. Approval of Shady Oak Industrial Park Developers Agreement
City Manager Ulstad spoke to the Shady Oak Industrial Park developer's
agreement and recommended Council consider approval of same.
Penzel requested changes in the developer's agreement as follows:
Page 1, 2nd line, strike "1978" and insert "1979"; item 2, 2nd line,
after "Council" insert "material' and in the same line after 10/2178
add "and reviewed and acted on by the City Council on 12/5/78'. Penzel
further requested that an item appear in the agreement whereby Mr. Anderson
will install Shady Oak Road on his property as he had previously agreed
to at the Council meeting held 12/5/78.
City Attorney Pauly pointed out another change to be made on page 4,
striking "Richard W. Anderson", and inserting "Richard W. Anderson, Inc.".
MOTION: Osterholt moved, seconded by Pauly, to approve the developer's
agreement for Shady Oak Industrial Park with suggested changes. Motion
carried unanimously.
E. Report of Director of Community Services
I. Approval of bids for tree removal truck
Director of Community Services Lambert spoke to his memo dated 12/28/78,
recommending the Council reject the bid and staff will look at other
alternatives.
MOTION: Osterholt moved, seconded by Edstrom, to reject the bid from Tri-
State Tree Service in the amount of $16,000 for a tree removal truck, and
if any cashier check or fees have been paid they be returned to the bidder.
Motion carried unanimously.
2. Senior Citizen Transportation Program
Director of Community Services Lambert spoke to his memo dated 12/22/78
outlining three alternatives. Staff recommended alternative 1, beginning
the trial program with existing volunteers and the City's existing station
wagon, and to continue to solicit volunteers as the program dewlaps. If
the station wagon does not work out, Staff would then request approval to rent
a van or station wagon.
Council Minutes - 6 - • Tues.,January 2, 1979.
2. Senior Citizen Transportation Program (continued)
Osterholt requested that an article be submitted to the local newspaper
as to how the program will function.
Edstrom commented it would be helpful to have some more data after the
program has been tested to see precisely who is using the program, how
frequently and what age bracket, etc.
General discussion took place regarding the program, i.e., charges, if any,
scheduling and volunteers.
Lambert stated at this time he does not have the information regarding
insurance, but will provide sane before the program is initiated.
MOTION: Osterholt moved, seconded by Penzel, to approve the Senior
Citizen Transportation Program as recommended by Director of Comnunity
Services Lambert as outlined in memo dated 12/22/78, Alternative #1,
for a six-month program based initially on volunteers and, if need be,
on the basis of hired part-time drivers. Roll Call Vote: Osterholt,
Penzel, Edstrom and Pauly voted "aye". Motion carried unanimously.
Lambert brought to the Council's attention the donation received
from Don Berne in the amount of $500.00 to be used for the future
Senior Citizen Center. Council requested a thank-you letter be sent
to Mr. Berne.
Pauly suggested that a list of items needed for the Senior Citizen
Center be publicized in the HAPPENINGS for possible donations.
F. Report of City Engineer
1. Staff Additions for Engineering Department
City Engineer Jullie spoke to his memo dated December 28, 1978 and
answered questions of Council members.
MOTION: Osterholt moved, seconded by Edstrom, to approve the additions
to the Engineering Staff as per City Engineer's recommendation in memo
dated December 28, 1978. Roll Call Vote: Edstrom, Osterholt, Pauly and
Penzel voted "aye". Motion carried unanimously.
G. Report of Finance Director
1. Payment of Claims Nos. 2622 - 2798
MOTION: Osterholt moved, seconded by Edstrom, to approve Payment of
Claims Nos. 2622 - 2798. Roll Call Vote: Osterholt, Edstrom,
Pauly and Penzel voted "aye". Motion carried unanimously.
X. NEW BUSINESS
A. Appointment of a Public Health Sanitarian
City Manager Ulstad recommended the appointment of Wally Johnson as the Public
Health Sanitarian. Council confirmed the appointment of Wally Johnson as
Public Health Sanitarian as requested by City Manager Ulstad.
Council Minutes 7 . Tues.elanuary 2, 1979.
B. Final Plat approval for Olympic Hills Hiqhland (Resolution No. 79-09)
Formerly item V. O. on agenda.
Joe Christensen and Andrew Malynnwere present representing t
h
e
p
r
o
p
o
n
e
n
t
s
and answered questions of Council members.
There ware several questions asked by Council members which c
o
u
l
d
net be
answered by the proponent's representatints, i.e., 1) resolut
i
o
n
o
f
t
w
o
roads on the plat named Clubhouse Road* 2) an overall detaile
d
WIXOM Pleat .
for Olympic Hills, and 3) question of new addition being talked about between
the existing, plan and The Preserve development as being Olym
p
i
c
H
i
l
l
s
8
t
h
Addition.
MOTION: Osterholt moved, seconded by Edstrma * to Continue consideration
of the Final Plat for Olympic Hills Highland to the January 1E% 1§19 CP#ncil
meeting allowing the proponents time to answer questions raised by Council
members. Motion carried unanineuery.
XI. ADJOURNMENT
MOTION Pauly moved* seconded by Osterholt, to adjourn the Cooncilineeting at
9:40 PM. Motion carried unanimously,
79
CITY OF EDEN PFAIRIE
CLERK'S LICENSE APPLICATION LIST
January 16, 1979
CONTRACTOR (Multi—family & Comm.)
Adolfson & Peterson, Inc.
Aerolift, Inc.
Antler Construction Co.
Condor Corporation
Peter Dukinfield Company
Hirsch Bros. Inc.
John Lambin Construction Co.
Loeffel-Engstand Co.
Richard Miller Homes, Inc.
Naugle ,Leck, Inc.
Olson Concrete Co.
Prairie Wood, Inc.
Pump & Meter Service, Inc.
Rutledge Construction Co.
Scott Construction Corp.
Starkey Labs, Inc.
Syring Construction
Robert 0. Weslund
CONTRACTOR Cl & 2 Family)
Marvin H. Anderson Co.
Ran Con, Inc.
Capp Homes
Warren J. Carpenter
Centex Homes
' Durst & Gans
Eeklund & Swedlund
Elfering Const. Co.
Eliason Builders, Inc.
Fireplace Construction Co.
Ferris Construction Co.
Gorco Construction
Jensen Construction Co.
H. A. Kloss & Son, Inc.
Landico, Inc.
Lyn/Dale Homes, Inc.
Martin Homes, Inc.
Robert H. Mason, Inc.
Charles H. McDonald Co.
Miles Garages
C. W. Morris Construction Co.
O. K. Service
Palmer House Builders
Meters Construction Co.
Revier Construction
Shaffer construction
CONTRACTOR (1 & 2 Family) can't.
Strom & Mayville, Inc.
The Sussel Company
T & E Construction
Teri Homes, Inc.
Trompy Homes, Inc.
Watsom-Forsberg Co.
West Suburban Builders
Bachman Homes, Inc.
PLUMBING
Blaylock Plumbing Co.
Bowler CO., Inc.
Doody, Inc.
Egan & SOW Co.
Ford & Sons Plumbing Co.
Grendabl Mechanical, Inc.
Croth Water & Sewer
Raymond E. Haag Plumbing Inc.
Hoglund Mechanical Contractors, Inc.
Horwitz Mechanical, Inc.'
L. J. Katz Corp.
Klemm Mechanical Contractor, Ina.
Lakeside Plumbing & Heating, Inc.
MOGuire Plumbing S Heating
Metropolitan Mechanical Contractors
Tom Motzko Plumbing & Heating Co.
Murphy Plumbing & Heating
National Installers Plumbing
Project plumbing
Richfield Plumbing Co.
Royal Plumbing & Heating
S &W of Shakopee, Inc.
Solberg Plumbing
Standard Plumbing & Appliance Co.
StoMberg Plumbing
Sunrise Plumbing, Inc.
Swanson & Schiager
Moen Plumbing, Inc.
Thompson Plumbing Co.
United Water & Sewer Co.
Welter & Blaylock, Inc.
Wenzel Plumbing & Heating, Inc.
West Suburban Plumbing
20
Clerk's License Application List
page 2
HEATING & VENTILATING
GAS FITTER (con't.)
Advanced Heating & Air Conditioning Metropolitan Mechanical Contractors
Air Comfort Inc. Mill City Heating & Air Conditioning
Allan Heating & Air Conditioning Minneapolis Gas Company
B & C Heating Co. MUrph Plumbing & Heating
Boulevard Sheet Metal S. Htg. Co. Nielsen Heating & Air Conditioning
Bowler Co., Inc. Project Plumbing
C. O. Carlson Air Conditioning Royalton Heating & Cooling Co.
Centraire, Inc. Seasonal Control Co.
Central Air Conditioning & Htg. Geo Sedgwick Heating & Air Cond. Co.
Climate Engineering Standard Heating &Air Conditioning
H. Conrad Manufacturing, Co. Sabuzban Heating & Air Conditioning
Cool-Temp, Inc. Superior Contractors, Inc.
Cromstrom' Htg. & Air Cond. Fred Vogt and Co.
D. .7.'s Htg. & Air Cond. Ray N. Welter Heating Co.
Del Air Conditioning, Inc. Wenzel Plumbing & Heating Inc.
Doody, Inc. Yale, Inc.
Eden Prairie Heating & Air Cond.
Egan & Sons Co. WELL DRILLING
Jack Gores & Sons
Grendahl Mechanical, Inc. Dependable Well Co.
Hoglund Mechanical Contractors, Inc. Leuthner Well Co.
Horwitz Mechanical, Inc. Max Renner Well Co.
neve Heating & Air Cond. Donald A. Rogers
Metropolitan Mechanical Contr. Dom StnA.la's Well Drilling CO., Inc.
Mill City Heating & Air Cond.
Nielsen Heating & Air Cond. WEER SOFTENER
Northwestern Service, Inc.
Royal Plumbing & Heating ComMers Soft Water Co.
Royalton Heating a Cooling Co. Twin City Softener Service Co., Inc.
S & W of Shakopee, Inc.
Seasonal Control Co. SCANVENGER
Geo. Sedgwick Htg. & Air Cond.
Southside Htg. & Air Cond., Inc. Rota-Rooter
Standard Heating & Air Cond.
Suburban Heating & Air Cond., Inc. FOOD ESTABLISHMENT - Type A
Superior Contractors, Inc.
Thoen Plumbing, Inc.
Thompson Air Conditioning Co.
Fred Vogt & Co.
Ray N. Welter Heating Co.
Yale, Inc.
GAS FITTER
Advanced Heating & Air Conditioning
Bowler Co., Inc.
Cromstrom's Heating & Air Cond., Inc.
Del Air Conditioning, inc.
Doody, Inc.
Gas Supply, Inc.
Grendahl Mechanical, Inc.
Hoglund Mechanical Contractors, Inc.
Kleve Heating & Air Cond., Inc.
Canteen Co. of Minnesota
Carousel Snack Bars of Minnesota
General Nutrition Center
Genghis Khan of Sapporo
Hennepin County Vocational Center
Jake's Pizza & Ice Cream
MoDonalds
McGlynn Bakeries, Inc.
Power's
Sears, Roebuck & Co.
FOOD ESTABLISHMENT - Type A
Roberts Drag
Clerk's License Application List
Page 3
FOOD ESTABLISHMENT - Tyne C
Barbaric, Cheese House
Lions Tap
My Cheese Shop
Nutrition World, Inc.
Olympic Hills Golf Club
Orange Julius
Seromation Corporation
RETAIL CANDY OUTLET
Fannie May Candy Shops
Fanny Farmer Candy Shops
Morrow's Net Rouse
RETAIL CANDY SHOP
Pouses
Sears, Roebuck and Co.
VENDING MACHINES
Canteen Company of Minnesota
Cedar Hills Golf & Ski
Coca Cola Bottling Co.
Interstate United Corporation
Servomation Corporation
SirVend, Inc.
These License have been approved by the department bead responsible
for the licensed activity.
ikt-t4u4v44,--
Rebecca Quernamoen, Deputy Clerk
Date: Jan. 10, 1919
from TWA DEVELOPMENT CO.
• 15602 Pairwood La.
Minnetonka, Mn. 55343
To: City Manager
Mr. Roger U1ata4
City of Eden Prairie, Mn.
Request : TOM, DEVELOPMENT CO, luotOT requests to go
Council, at a public Wring for Zoning and
Plat appLuval. of CENDDWIIMKEL •
•
ROBERTECOLUNS
GEORGE C.
OF COUNSEL
GEORGE A. KURTZ
LAINCFPICIt
ROBERT F. COLLINS rASSOCIATES
• Ptak alma amoluseen
January 9 : 1979
amino .
prolowitumninnenontammt
noeuriNitetwascium
mmeaspatic mamma tow
putrapszas '
Mir. Chris anger
Eden Prairie City Hall
8950 Eden Prairie Road
Wan Prairie, Minnesota 5930
Dear Chrise
Thank you for your assistance Inet night in Pfesenti0971r.'nelles'tegUoated
rezoning and plat of Dorman ttird -Addtuton.
' • 7'
• Muse set the TOMOS Of the reitiOu#W 1.104 Plettf o*Int
Park Third Addition on for hearing and 'eggrarel :kaftan the Ihisir0
City at its first asemAtroAdeeting,„ If zorInttnez4zAiozo
is desired or you feel we shoUld prow* further for the'prOs
please contacts*.
ocElpac
14500 Valle& View Road
Eden Prairie, lifirmescifa 55344
612441000
Honorable Mayor and City Council
City of Eden Prairie
Eden Prairie City Hall
050 Eden Prairie Road
Eden Prairie, MN 55344
Dear Honorable Mayor and City Council:
The Eden Prairie Plaowtog Cononission, at their January 8, meeting, app
the reemendation to the city Council for attepramisof ieramiAg to :14*
for Lots 1 and 17 and R 4.5 for 29 adage faelilY iota in Pike-IWO*
Addition.
Universal Land Corporation hereby requests that the Oomattl sets
hearing date for hearings for Boa rezoning and valisbiary gar.i
Sincerely,
UNIVERSAt
DRP/po
ar
Universal Land Corporation
• iv., v.
:jilt 4 • 411711
tbiZI
Mayor Wolfgang Penni
City Council
City of Eden Prairie
4E50 Men Prairie Mad
Eden Prairies Mn. $5344
rot ftgroilva ParkariI0 Nati
rauhrfjthadt sAindaimon
Gentlemen.:
We would like to request a poblio hearing for a preliminary PI4kt
and resmo 4 ng from rural to caratunity-eenhorvialohytamihrme04ated
in the southwest intersection of County EniEL 18 and AMAMI*
Parkway.
. -•
The approval Wald be far ah encice.ed mall -center 4 in corporating
• 34,$00 a.f. derry 4s Super valusiMtm000044 :*444Wir4
hardware including approximately :MOO e f. af41004 1400.0470.414'
We were given approval by the FlAileiTui CcImIiesiOn ilLttiW.Mf-j911
agreed at that time not to owe to the gouncii••,,prior
county study for necessary iMprOveMenta to County kto4 lAb,:4,5040.
Lake Parkway. As this study has now been oomP4tadi —
proceed as quickly as so:resale.
Thank you for your cooperation.
Very truly. yours,
•cammitionow
J RR/iv
_
NOME OFFICE: RYAN :BURC4NO. MISAINO, MINNESOTA 5,5718 - tillpTiOtii:Rid/R4.00 118
MINNEAPOLIS OFFICE: 7400 METRO BOULEVARD, EDINA, MINNESOIA 55435.:*.,Tge*.t.04.40/104944 . .
City Council TO:
THROUGH:
FROM;.
DATE:
SUBJECT:
Mayor Perrzel and lifters of
Roger Matadi City Manager
Carl Mille, Cit,Y ffigineer
Jan, I% 1919
Bids for tailip trilet(
Bidding specifications have been prepared for the purchase era dianitroick
as 4 replacement for the oldest truck ift -Cruf figintenahde.flett,',,ThelgeOa--:
call for a 17,500 OVW cat and, chassis:!4"th.
our trucks have been purchatedttilittigh tha'2111finebilf COutitY- Calabin -
ding systere, however the county ditUrret.specifi:•14.*1 _engines'In
last bidding and therefore Our War:bidding necessary. -•
tinted ;Ott Of the .triiCk...is
dump box, sander and plow frame. 4,ffistiett iunds. isofotied
1979 butigrat to covet this itein.- Copies: of. the 4etell , Sgeta :ere:-On-
the Engineering Dept. office:a., " •
Recommend council authorization of bids for 4 $271.100::
to be received at 2:00 P.M. On tnAleedaYs
CJJ: kh
TO:
THROUGH:
FROM: -
DATE:
SUBJECT:
Mayor Penzel and Members Of the City Council
Roger Ulstad, City Manager
Carl Jollie s City Engineer
January 10, 1979
Bids For Quick Lib*
Two Suppliers are now availabl 'ilat (taltiUm oxide) which is
used by the City in our water softeiring Pretie#, _Pevigusity, only One
supplier was available so the nOraRil 014ding-frocoaure-Weg .necessary;
During 1978, we purchased 00, tuna of quick. That at a rate Of- *ban $51
per ton. West year, depending.undli rainfall:, we expect -usi.aikkit,--
500 tons. The detail specifications for- the lack 1-iMe Wit
the Engineering Dept. offitts.
.Recomvend that the Council authorize that bi-ds be t4tim At 4::
Wednesday, Feb. 14, 1979, POr the 1919 supply of :quick
CAM: kh
TO:
THROUGH:
FROM
DATE:
SUBJECT:
Mayor Penzel and Members of the ei
Roger Ulstad, City Manager
Carl Juflit, City Engineer
January Ii, 1979
Red Rock Rills Third Additith
Acceptance of Street and Utility- Teprietementa
Houston Engineering Co., Bet tHe'AttiOh00 .4ett— er of'Deteiliflef 1 2 0
certified that the construction of .ituilitigt.-4ptretSir.AndlitililtreellOt:15 .
completed for Red Rock tititt Third
proved plans and specifications, -114::,E114::'Engineetirig;Stel.t ..hAVOLA:00
-final inspection of these improvementC -and it is -reuseithdttl.'lluttT.Iht,gt
Council accept for continuous ownership and maintenanke:AW:streett.4#
utilities in the Red Rock MIS Third twicittio0 1.:::subieWtO,C•pitajr...q10.!
warranty commencing January it, 019:: • • --
CJJ:kh
Attachment
t.ssvhh,5 Efteiseertes
$urveying
ONTO/ 71161NEERI
13009,O3ansond Path West Apple V*11 i ota 5T24 121423.299$
rely.
(10
10111.114
bicenbar 12, 1978 -.
Wt. Carl Jullie, City Engineer
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Subject: RED ROCK RIZLS ADDiTIUN
Street and Utility Improrementa
Dear Carl:
All the embiect improves:MO • Oielevel#opgiedirt :eo
plans and specificationS rel4tfttlostat*OblArImErebaokloor
and are on file with your offftat,. Uoustoolasteperfalt1WM044,e,F44:...
time field inspection during utility insfillaiLiOn .:MMYRDPeriiiited,e211
testing of completed work in anoordanOL40,4:e.-aitetill-Ca.!10*'-;
' • • . .
A final inspection of the completed Rt4Ject wAs'4044-cted Ar Naveobss-
30, 1978, by Messrs. Gene Schemes if your afise....sea 1.04,0441 de 3 0411-• ,
The contractors two (2) Year warranty as 0404010110i440120431P*
effect and backed by a bond IA the amount of'474,47545-ehAe4 Pi*
with your office.
The Water and Sewer Service Data (tie sheets)-and the AS NAT FLANS.
in your office.
The project is hereby recommended for acceptance by the ity of Woo
Prairie for public ownership and maintenance. .
cc: File
cc: Brown & Cris, Inc.
Jal/he
TO:
THROUGH:
. FROM:
DATE:
SUBJECT:
Mayor Pend oti;Mteithers'
Roger Ulstad
Carl hi titysinvitto
January 111 197g. .
Mitchell Relghtilhl MOO*
Auceetanai of .taftitary Sewelotilatermaift
. . .
Minnesota Valley Surveyors and Engineers Corp., per theslittathit'l
Sept. 14, 1978, has certified that the .titittrittitilt . the stwit
and watemain In the MOO'S ltitcher thfielitS Third Additilifrf MC:
Meted in accordance with City. OptOtref rids :01i174Ot1f1ClitiOti .:i.,,11*,..-.
City Engineering staff
It is remittent* that the tv
.feiicoocilAtte-oVotOikfssivsOtne'trt
and maintenance the eauftary .siretWieteraaiiAkfffCtilitCiil Reign
Addition, stikiect to a .'tiAr yot:wOriqty::tor.iic.efftltiVOcToott;:.q5.0979;-40
, further authorizing the reduction or thit,tettef . Of 4..fttift . dated Mar
1978, issued by Northwestern naOk.:504*(aWfOr*44:1 10qA9419i1
CaJ:kh
Attachment
MINNESOTA VALLEY
SURVEYORS & ENGINEERS CORP.
Inas 12Th AVENUE $011111 BURNSTILLE, MINNESOTA smy
P 590.7750
September 14, 1978
Carl Jullie
City Engineer
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota
Res Hipp's. Mitchell Height* )rd Addi,
Carl,
We have completed field inspections on the sanitary sewer
and watermain construction for the above projeCt.
Construction performed the installation work and reeentl_
finalized construction. This contractor Used aeapptable -
materials and methods for completion Of the work as shown
on the Utility Plans and followed the.regOred starisler42: ,
as defined in the City of Eden Prairie aociptedapanifina#01$1.
Further, this contractor was very cooperative an4 e8.Sir -*0
work with.
On September 1, 1978 I inspected the Sanitary e$ and
witnessed the air testing. Therefore. I would taco=
acceptance by the City of Eden Prairie.
If you have any further questions, please contact me.
•
Thank you.
(L)
DOUG GORUESKY
• 9A
MEMO
TO:
FROM:
THROUGH:
DATE: .
RE:
Mayor.and City Council
Chris Enger, Director of Planning
Roger Ulstad, City Manager
January 12, 1979
Hustad Development Bluffs West 2n4 Addition
City staff has been working with Hustads in an attempt to come to a common
position relating to Bluffs 2nd addition and the general development to occur
on the balance of B. F.I. property contemplated by Hustads.
To briefly recap the history of review on this proposal:
Hustadt original proposal contained about 198 lots. This proposal was fairly
consistent with ordinance requirements with the exception that a variance was
being requested on the lot widths. The Planning Commission and Parks, Recrea-
tion and Natural Resources Commission reviewed this proposal and recommended
approval subject to several items of concern. One of the major items was that
the proposal included about thirteen lots platted on the north side of River-
view Road. The staff and commissions felt that based upon the soil conserva-
tion report, advising against development on such steep slopes, platting of
these lots on the lower side of the river bluffs was unacceptable. The staff
recommendation was to eliminate the lower lots and to add the area to the
upper lots, thus creating large estate lots with building no Tower than the
860 contour.
Hustads presented the original plan to the Council showing the lower its as
one 12acre outlot to be considered at some later time.. The Council, however,
was very concerned about the disposition of the 12 acre steep slope outlet,
the absence of mini-parks, and the provision of a neighborhood park. Hustads
returned with a preliminary plat showing 212 lots with lot size and setback
variance requests, two totlots, agreement to pay the cash park fee and 2 units
per acre gross density (using the 12 acre steep slope as a density transfer and
agreeing to dedicate it to the City.
At this point negotiations began with B.F.!. for acquisition of the neighbor-
hood park site. There was approximately 31. acres in the area B.F.I. agreed
to sell at $4,000/acre, however, at that time the staff felt that only 20 acres
was necessary. Since B.F.I. was not willing to sell only 20 acres Hustad
agreed to purchase the remaining 11 acres from B.F.I. to bring about the sale.
After review of the development costs, the Council felt higher land might be
more desirable. Mr. Lambert picked 12 acres further south which included
about 7 of the original 20 acres and S different acres. B.F.I. quoted $10,000
per acre. The Council then requested an appraisal be done. The appraisal was
$5,500/acre for the area quoted by B.F.I. at $10,000.
Memo- Rusted Development Bluffs West 2h0 Add. Page 2
The Council also requested a general overall plan for development Hustad
had in mind for the area. Since Husteds hasimentioned that they may pe
contemplating some multiple north of Bluffs 2n4 addition and the 11
guide plan and the proposed update both *haw low density development for
. this entire area the staff approtanwillaStedS with the idea of tranSferrire
the 2 unit/acre density from the 31 acre lower area to the anticipate4ju
ture additions. Under this plan, the doveloper'coad be allowed
densities on the balance of the property while conveying the open space to
the City in consideration Of this. The cash park fee/unit and tot lot areas
were to stay the same. The staff tOggested ,sitee the City Council Seemed •
to voice approval of the 212 lot Milt Weft 2nd plat itSeIf,.•hat this
should not be changed.
What tWstads have submitted to you now is an overall( plan which. encompasses
270 gross acres and would anticipate dpprortnately 807 units, 'bring thel den-
sity overall to 2.99 unftifacre..
The Bluffs. West 2nd Additiii*WifiCressed *mettle preetus plan thCV00
had reviewed of 212 unit lett,44.441*.-02.20 uette14 04N ----H -'--"---
.We understand from Hustads thatahout 30% of the lots would taluire a •:44 ,04
frontage, 30% ea foot frontage end 40% 90 foot frontage. fret information,
received you will note that 160 , lottare.shown less thenTIACTut4k '44 or
65% of the subdivision. This contrasts with Bluffs West 1st-40k:wet ap prove _ _
with approximately 15% under $12 4500.
RECOMMENDATIONS
The staff feels that the overall concept of providing open lead thm*ha
density transfer is rood and the mix of housing -type:OnloppOrttinitY iprP-
vides is desirable, however we recomend that the-0000$ ntiliiiditth
Bluffs West 2nd Addition according to the 212 lot proposal previously soft
by the Council, and that the 563 anticipated units in the balance of the
project be revised down to obtain a gross density more consistent with. the
City's existing standard of 2 units/acre.
MEMO
TO: Mayor and City Council
FROM: Chris Enger, Director of Planning
THROUGH: Roger Ulstad, City Manager
'DATE: January 12, 1979
RE: 1979 Community Development Block Grant Included: Planning
Commission Minutes of December 18, 1978; Parks, Recreation
and Natural Resources Commission Minutes of December 4, 1978;
letter of December 7, 1978 to Eden Prairie Organizations; memo
of November 29, 1978 to city Manager regarding 1979 Community
Development Block Grant and Rules and Regulations:dasic eligible Activitie
As the Council will recall from the November 29, 1978 memo we requested
the Council consider a preliminary 1 and 3 year program of goals and
Implementation projects for submission to the Planning Area Citizens
Advisory Committee prior to • final adoption of a formal application to
be submitted to Hennepin County.
Mr. Don Bearnie is this community's representative on that board. The
purpose of the P.A.C.A.C. is to review the preliminary community C.D.B.G.
program and offer any comments they may have regarding goals or individual
projects elegibility for funding. Once we obtain this input we will again
return to the Council for approval of the application to Hennepin County.
According to the Metropolitan Council, Eden Prairie has met its low and
moderate income family need until 1981. However, we have a need for
approximately 160 low and moderate income elderly units through 1980. Our
Housing assistance plan would be for a goal of providing approximately.160
elderly low and moderate income units through 1930 and 133 family units
In. 1981.
Since Eden Prairie is only eligible for $65,000 per year until after the
1980 census, wemay look toward several methods of accomplishing these
housing goals. These methods may take the form of any of the following
possibilities.
1) Ranking the grant money per year and utilizing it to the
most efficient extent to entice private construction of
"market rate" units which are eligible for Federal "Section 8"
rental subsidy to a builder as an incentive to providing these
type of units.
2) Tax increment financing of an elderly project to offset the
initial costs of land preparation and utilities.
3) MIDB's to create a more favorable financing picture.
4) City acquisition of desirable tax forfeited land for develop-
ment purposes for an elderly project.
Memo-1979 Community Development Block Grant Page 3
3. A three year plan including:
a) Banking of grant money toward development incentives.
b) Investigation of alternate energy sources for low and
moderate income.
c) Investigate transportation systems.
d) Complete Preserve Park. .
e) Investigate joint •andicappedjcaneunity facilities at Camp
Indian Chief.
4. A One year action plan including:
a) 7410.000 remodeling of Senior tenter at Staring Lake.
b) $117.000 completion of Preserve park site.
c) $45.000-$48.000 grant money banking toward development
incentives.
g q
4
MINUTES .
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, DECEMBER 18, 1978 ffININI. CITY HALL
COMMISSION MEMBERS PRESENT:
OMISSION MEMBERS ABSENT:
STAFF PRESENT:
Vice-Chairman Richard Lynch,
Liz Retteeath, Matthew Levitt,
William Dearman and Oke Martinson
Paul Redpath and Rod Sundstrom
Chris Enger, Director of Planning
Donna Stanley, Planning Secretary
I. APPROVAL OF AGENDA
MOTION: Levitt moved to approve Agenda as published, seconded by
Dearman. Motion carried unanimously.
II. MINUTES OF NOVEMBER 27, 1978 AND DECEMBER 11, 197a .
MOTION: Dearman moved to continue the approval of the minutes of
November 27, 1978 and. December Il, 1978 to the meeting of January 8, 1978.
Retterath seconded, motion carried unanimously.
III. MEMBERS REPORTS
A. Chairman - None
B. Others - None
IV. REPORTS AND RECOMMENDATIONS
A. Community Block Grant Development Funds
City Planner Chris Enger summarized the purpose of the Urban
Hennepin County Connwnity Development Block Grant Program,
which is to provide decent housing, a suitable living environ-
ment and increased economic opportunities for all residents with
particular attention given to the needs of low and moderate in-
come elderly and handicapped persons. He explained that this
year the City has to look three years ahead and try to identify
what needs we have in this area, or prepare a 'needs statement";
develop a three plan to meet those needs on a general basis; and
develop a one year action plan to determine which projectswill
be funded by the $65,000, which is Eden Prairie's share for this
year.
In response to questions on the options, the Planner explained the
"land banking" process, which could te used in a.situatinn such as
acquiring property for low and moderate income elderly housing.
C711"
.approved .
Planning Commission Minutes
2
December 18, 1978
Bearman inquired whether research was an option, and suggested use of the
funds to finance research through the Vocational Technical: Institute for
solar energy units for the .Briarhill Apartments.
Ms. Jullie Bye, Office of Planning and Development, Hennepin County,
explained that the direction of Congress was that funds go directly into
building, and into administration or planning.
Dearman also suggested the development of a mini-bus to be used by the
elderly, since they have no method of transportation within the City.
Mr. Martinson arrived at 8:00 PR.
There was discussion on the most appropriate areas for elderly housing,
and there was general agreement that the Major Center Area or village
center area were the best places, for the elderly housing, because of the
proximity to the services they will need.
Accessibility of public buildings in Eden Prairie to the handicapped
was briefly discussed.
Bearman inquired about the time frame for the program. The Planner
explained that tonight's meeting was the first public hearing for 4.4.e
purpose of gathering information, and that the City Council: would hold the
final public hearing on January 16, 1979 after input from the communities
and the Planning Areas Citizens Advisory Committee.
MOTION: Bearman moved to close the Public Hearing on the Community
Block Grant Development Funds, seconded by Levitt. Motion carried unani-
Sously.
MOTION: Beaman moved to adopt a general housing plan for 160 elderly units
within the next 3 years and to consider the following goals: 11 land banking
2) alternative energy sources for low and moderate income elderly 3) inves-
tigate joint facilities at Camp Indian Chief 4) continue to investigate
different transportation systems; and to adopt the one year action plan as
follows: 1) two park projects '2) remodel Senior Center at Staring Lake
3) investigate alternate energy source for low and moderate income housing.
Levitt seconded. The motion carried unanimously.
Minutes - Planning Commission .
=her 18, 19113
DISCUSSION: A Drug Abuse Center was discussed, with senor agre that the funding would not be a4equate.
The combination of facilities at Camp Indian Chief for mentally retarded
teen-agers was also discussed briefly.
Transportation wag further discussed., and it was re4uated that the
possibility of buying a "park and ride" van or a shelter be investigated.
MOTION: Bearman moved to call the question, seconded by Levitt. Motion
carried unanimously.
VOTE ON MOTION: Motion carried 4-0-1, with Martinson abstaining.
APPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
MONDAY, DECEMBER 4, 1978 '
COMMISSION MEMBERS PRESENT:
COMMISSION MEMBERS ABSENT:
COMMISSION STAFF PRESENT:
OTHERS PRESENT:
7:30 P.M., CITY HALL
Richard Anderson, Chairperson; David Anderson,
Steve Fl field, William Garens, Robert Johnson,
Robert Kruell, George Tangen
None
Robert Lambert, Director of Community Services
Richard Dahl, Eden Prairie News; • Al Dytier,
Eden Prairie Sun
O. Community Development Block Grant Protects - 1979
The only project being recommended at this time. Is the rehabilitation of the
proposed senior citizen center at Staring Lake. Lambert asked for input and
recomendations by the commission.
R. Anderson asked if it would be possible for the commission to view the
property, making it easier to offer recommendations. 'Lambert encouraged this
and described briefly some of the possibilities.
MOTION: Kruell moved that the commission recommend the use of Community
Development Block Grant Funds for the rehabilitation of the proposed senior
citizen center at Staring Lake Park. Motion was seconded by Oarens.
DISCUSSION: Dave Anderson questioned the status of a previous Community
Development Block Grant received by Eden Prairie to develop parks in the
Preserve and Edenvale. It appeared that the Preserve park was complete, but
not Edenvale's.
Lambert explained that there is a .problemwitb title to the property at
Edenvale, due to delinquent taxes. It will go on the tax delinquent list next
May, at which time the city can obtain title. Scheduled for development then are
skating rinks, warming house, ballfield, etc. The money is being held until
then. Lambert pointed out that these kind of projects are no longer being
funded through this program. '
VOTE: Motion Passed unanimously.
RP. edam prigag
CITY OFFICES / 1950 EDEN PRAIRIE ROAD / EDEN PRAIRIE, MINNESOTA 55344/ TELEPHONE (512)11414262
December 7, 1978
Dear Eden Prairie Organization: .
Eden Prairie has joined with 40 other Hennepin County communities
and Hennepin County to develop and submit an application for
federal assistance as an Urban County, pursuhnt to the Housing and
Community Development Act. The Urban Hennepin County Community
Development Block Grant Program has been developed to provide
decent housing, a suitable living enviroment and increased
economic opportunities for all residents with pafticular attention
given to the needs of low and moderate income persons.
As an urban county participant, our city has been informed that
we should use $65,000 as a planning target in developing our portion
of the Urban Hennepin County Community Development Program. This
planning target amount was determined by applying HUD's (Housing
and Urban Development) national distribution formula to Urban
Hennepin County and its participating communities.
The City of Eden Prairie is requesting your participation in
determining what the housing assistance and community development
needs of our City are. In making these determinations, it is
necessary to work within the program guidelines established by
HUD. Copies of HUD's program regulations are available at the ,
City Hall or may be obtained from Hennepin County by calling t
348-6418.
It is our intention to involve the residents as fully as possible
in the development of this year's application. Your participation
would be appreciatedat anyone or more of the following meetings:
Human Rights Commission Dec. 11, 1978 7:30PM City Hall
Planning Commission Dec. 18, 1978 7:00PM City Hall
Parks, Recreation &
Natural Resources Corn.
City Council
(public hearing)
Members of the City and Hennepin County Staffs are available to meet
with any group of interested citizens which would like additional
Information on the Urban Hennepin County Community Development Block
Grant Program.
Sincerely,
Dec. 18, 1978 . 7:30WM
Jan. 16, 1979 7:30PM
City Hall
City Hail
ris Enger,
Planning Director
Ridgewood Condominium
Rebut McCollum 4145
5944 Neill' Lake Read
Eden Prairie, Mn. 55344
Mitchell Heights towohou
Dominick Lendine
8220 TaMareC Trail,
Eden Prairie, Mn, 55344
Hill Creek
John Hutchinson
9734 Mill Creek Drive
Eden Prairie, Mn. 55344
EP Homeowner Assdciaticms
mailed CD8G Information. on
Dec, 6, 1978
Hidden Ponds I
Gliscjinski
7152 Ticonderoga Trail
Eden Prairie, Mn. 55344
Creekside
Dennis Dirlam
15241 Creekwood Court
Eden Prairie, Mn. 55344
Basswoods Townhouses
Dave.
'8781 Si:::;ood Road
Eden Prairie, Mn. 55344
Atherton Townhouses
Ted Johnson
8351 Mitchell Road
Eden Prairie, Mn. 55344
St. Johns Wood
Steve Jacobs
6920 St.Johns Drive
Eden Prairie, Mn. 55344
Don Peterson
Edenvale MOA
14500 Valley View Road
Eden Prairie, Mn. 55344
Fairway Woods
Don Anderson
14312 Fairway Woods Drive
Eden Prairie, Mn. 55344
Creek Knolls
Dean Luke
10450. White Tail Crossing:
Eden Prairie, Mn. 55344
Anderson Lakes Property Own.
Bud kik
too, Ensign Read.
Bloomington., Mn.
Eden Hills Association
Duncan lailfiew •
15807 Cedar.Ridge.Rnad
Eden Prairie, Mn.• 55344
Duck Lake Estates
Joan Varner
16709 llaywood Lane
Eden Prairie, Mn. 55344
Lake Eden No.
David Nett '
BUS Darnel Road
Eden Prairie, Mn. 4
Cedar Point Townhouses
Dave Speed
6913 Edenvale Blvd
Eden Prairie, Mn. 55344
Golf View
Eileen Elizer
14324 Wedgeway Court
Eden Prairie, Mn. 55344
Sterling Field Asso.InC,
John Pratt
6911 Boyd Ave
Eden Prairie, Mn. 55344
Preserve MOA
John Nelson
9051 High Point Circle
Eden Prairie, Mn. 55344
Trails Townhouses
Charles Grath
9140 Neil Lake Road
Eden Prairie, Mn. 55344
•"*. S
Or. Gary Peterson .
Innunniel Lutheran
1015 Luther Way
Eden Prairie, Mn.
EP Preskyterian
11609 Leona. Road
Eden Prairie, Mn. 55344
EP Methodist Church
15060 Scenic Heights Road
Eden Prairie, Mn,. 65344
4
St Andrew Lutheran
13708 Molly Road
Eden Prairie, Mn. 55344
.EP Organizations mailed
CDSO material Dqt. 6, 1978
EP Lions
Terry Fields
7141 Prairie View Drive
Eden Prairie, Mn. 55344
Mrs. Jaycees
Judie Westby
7107 Park View Lane
Eden Prairie, Mn. 55344
CHURCHES
EP Athletic Association
Dennis Marble
17300 Padon Drive
Eden Prairie, Mn. 55344
EP Community Club
Sally Brown
10080 Bennett Place
Eden Prairie, Mn. 55344
EP Historical Society
Carol Hone
. fool Eden Prairie Road
Eden Prairie, Mn. 55344
League of Women Voters
Spike Sarles
9480 Lakeland Terrace
Eden Prairie, Mn. 55344
EP Rotary
David Speed
6913 Edenvale Blvd
Eden Prairie, Mn. 55344
Lioness
Sandy Tebelius
7174 Topview Road
Eden Prairie, Mn. 55344
EP Jaycees
Tom McIntosh
8323 Hiawatha Avenue
fden Prairie, Mn. 55344
EP Chamber
Betty McNulty
8455 Flying Cloud Drive
Eden Prairie, Mn. 55344
Dick Dahl
EP Mews
15716 West 78th Street
Eden Prairie, Mn. 55344
Dr. Fallon
EP Schools
8025 School Road
Eden Prairie, Mn. 55344
EP Racqueteers
Bruce Brill
7041 Willow Creek Drive
Eden Prairie, Mn. 55344
Mrs. L. Marks
EP Pioneers
17924 Duck Lake Road
Eden Prairie, Mn, 55344
EP Womens Club
Mrs. Fred Holasek
7160 Willow Creek Road
Eden Prairie, Mn. 55344
king of Glory •
17860 Duck Lake Road
Eden Prairie, Mn. $5344
New Testament Church
12901 Valley View Road
Eden Prairie,•Mn. 55344
Prairie Lutheran
Preserve Center
Eden Prairie, Ma. 55344
&mini mailed.40B8Oaterie
Dec.54 1978
Charlton Mouse '
Mr. & Mrs. Martinez
8751 Preserve Blvd
Eden Prairie, •in, 55344
Windslooe Manager
11345 Westwind Drive
Eden Prairie, Mn. 55344
•.Denalti Berne, MCC
.7132 frank14eCtrol9 •
• 100•144011o,1%., 55f
Wesel/Mouse
& Mrs. Rollettad
8771 Preserve Ilvd
Eden Prairte,Mrk 55344
Draft hill Manager
7025 Woodland Drive
Eden Prairie, Mn, 65344
frogr.flOg*
M.
a_mrs..-morfotil •
8781
Eden •PitirtiemiL 0344
APPENDIX A
• RULES AND REGULATIONS 8441
The interim strategy statement shall
Include:
(I) a brief description of the activity:
(ii) • brief description of the needs
and conditions the activity Is designed
to address; and
UM a brief description of how the
activity will impact upon the needs
and conditions which it is designed to
address.
(2) interim NSA designation. For
those applications submitted during
fiscal year 1918, applicants may deals-
_ nate interim PISA's for activities sub-
ject to this requirement. An interim
NSA is selected by the applicant and
designated In the Community Devel-
opment Program. In determining the
size of the NSA. the applicant shall
take Into account the severity of Its
problems and the amount of resources
to be Provided to address those prob-
lems. For each area designated as an
NSA. the applicant shall include a
brief narrative description of Its plan
for stab Wring and upgrading the area
which:
(I) provides for a combination of
Physical .improvements. necessary
public facilities and services, private
investment and citizen self-help acid-
ties appropriate to the needs of the
area: and
(ii) coordinates public and private in-
vestment efforts.
ji 570.201 Ba-us eligible activities.
Grant assistance may oe Used for
the following activities:
(a) Acquisition. Acquistion in whole
or in part by a public agency, by pur-
chase. lease, donation or otherwise, of
real property (including air rights.
water rights. rightsof -way. easements,
and other interests therein) which to
Cl) Blighted, deteriorated, deterio-
rating. undeveloped or inappropriately
developed from the standpoint of
sound community development and
growth, as determined by the recipient
pursuant to State and local laws:
(2) Appropriate for rehabilitation or
conservation activities;
(3) Appropriate for the preservation
or restoration of historic sites, the
beautification of urban land, the con-
servation of open spaces, natural re-
sources and scenic areas, the provision
of recreational opportunities or the
guidance of urban development:
(4) To be used for the provision of
public works, facilities and improve-
ments eligible for assistance under
this subpart: or
(6) To be used for other public Pur-
poses, including the conversion of land
to other uses where necessary or ap-
propriate to the community develop-
ment program. Examples include an
applicant purchasing land to be used
for the development Of housing for
Ice- and moderate-income persons.
and an applicant which is a central
-city of a metropolitan area using block
grant funds to purchase houses in a
non-Impacted suburban jurisdiction in
order to provide a wider choice of
housing opportunities for central cite
lower-income residents.
(b) Disposition. Disposition, through
sale, lease, donation, or otherwise, of
any real property acquired with block
grant funds or its retention for Public
purposes, provided that the proceeds
from any such disposition shall be pro-
gram income subject to the require-
menta set forth in 1510.506, Further
Information regarding dispbeition Is
set forth In 8510.813.
(c) Public • facilities and Improve-
menus. Acquisition, construction, re-
construction, rehabilitation, or bistal-
bitten of certain publicly owned facili-
ties and improvements, This May in-
clude the execution of architectural
design features. and similar treat-
ments intended to enhance the esthet-
ic quality of facilities and
meats receiving block grant s
such as decorative pavements, railings,
sculpture, pools of water and tom-
tains and other works of art. Public
facilities and Improvements eligible
for assistance under this parse:mph in-
clude:
(1) Senior centers. but excluding any
facility whose primary function is to
Provide residential accommodations or
care on a 24-hour day basis (such as a
group home).
(2) PDXIC.T, playgrounds and other rep.
reational facilities which are designed
for participation, but not spectator fa-
cilities such as stadiums.
(3) Centers for the handicapped. The
term "center for the handicapped"
means any single or multipurpose fa-
cility which seeks to assist persons
with physical, mental, developmental
and/or emotional Impairments to
become more functional members of
the community by providing Programs
or services which may include, but are
not limited to, recreation, education,
health care, social development. Lade-
pendent livine, phyalcsil rehabilitation
and vocational rehabilitation: but ex-
chiding any facility whose primary
function is to provide residential care
on a 24-hour a day basis (such as a
group home or halfway house). For
example. • sheltered workshop would
be a single Purpose center for the
handicapped, and a facility Providing
several services for the handicapped
would be a multipurpose center for
the handicapped, teun of which are
eligible for assistance.
(4) Neighborhood facilities 8Iuch fa-
clinks may be of either a single pur-
pose or multipurpose nature and be
designed to provide health, social, rec-
reational or stiniliar community ser-
vices primarily for residents of the
neighborhood service area which is
either:
(I) A geographic location within the
jurisdiction of a unit of general local
government (but not the entire juris-
diction) designated in comprehensive
plans. ordinances -or other local doe's-
ments as a neighborhood or. In a new
community as defined le *570.403(a),
a neighborhood, village or similar geo-
graphical designation: or
(II) An entire unit of general local
government or a new community as
defined in 570.403(a) which is under
28.000 population, with the exception
of a facility which is designed solely as
a communityvAde facility In a new
community with a currently Projected
population in excess of 25.000.
(5) Solid waste disposal fireitiffes,
which are defined as those physical
Pute of solid waste management sea*
tens commencing at and including the '
site or sites at which publicly or pri-
vately owned collection vehicles
charge municipal solid wastes.
through the point of ultimate disposal
including necessary site Improvements
and cowering systems, including ap-
propriate fixed and movable equip-
ment Including vehicular containers
used after the first stage of disposal at
transfer stations, but not Including
the final collections, (I) Such belittle*
or equipment must be located in or
serve areas where other activities in-
eluded in the Community Develop'.
meat Program are being carried out,
such u a NSA. lib Equipment and ap-
purtenances used in the initial collec-
tion of solid waste are not troiliA•A
among those solid waste disposal fa-
cilities eligible for assistance under
this Part.
(6) Fire' protection facilities and
equipment Such facilities and equip-
meat must be located in or serve areas
where other activities inebided in the
Community Development Program are
being carried out, such as a NSA.
(1) Fire protection facilities are de- I
fined as the land and necessary Ins' ,
provements thereto which are neces-
sary for properlY housing and storing
fire protection equipment and person- '
nel by a fire protection ormurdzstion,
but not Including fire fighting schools .
and their appurtenances.
(ii) Fire protection equipment is de-
fined as the appropriate eaulPmen 8
and apparatus which a fire protection
organization requires for carrying out
a program for protecting property and
maintainizig the safety and welfare of
the public. Including emergency mein-
cal aid, from the dangers of fire.
(4) Parking facilities. Such facilities
must be located in or serve areas
where other activities included in the
Community Develetament Pharr= are
being carried out, such as a NSA.
(8) Public utilities, ether than water
and sewer. which Irw'llutr
(1) Facilities necessary for distribu-
tion of the utility (but not production
or generation, such as electrical gen-
eration Plants);
(ii) Buildings and inuarevemente that
are an Integral part of the utility and
MEM ageism vOL sa, NO. 41—W111141511AY, MAR= I. 1171
9VA-#
8442
RULES AND REGULATIONS
are of such a nature that the • utility
will not function without-them: and
(111) The placing underground of ex-
isting or new distribution facilities.
Further Information regarding the ell.
gibility of assistance to Privately
owned utilities is set forth In
f 570.201(1).
(2) Street improvements. Streets,
street lights, traffic signals, signs.
street furniture, trees, bridges. cul-
verts causeways, curbs, gutters,
sidewalks, and other normal appurte-
nances to streets and structures facili-
tating the passage on, or usage of.
streets, but excluding expressways and
other limited access ways and their ap-
purtenances.
(10) Water and sewer facilities, in-cluding storm, sewers, except for
sewage treatment works and intercep-
tor sewers which are described as in
4570.206(a)(6). The term "storm sewers" means sewers or other con-
duits. open or closed, or their appurte-
nances which collect, transport and
dispose of storm waters, surface water.
street wash, other wash and ground
mates or drainage into an existing
water course, but excluding domestic
waste water and commercial and in-
dustrial wastes.
(11) Foundations and plot/ones for
air rights sites.
(12) Pedestrian malls and watt-ways
(13) Flood and drainage facilities, in
cases where assistance for such facili-
ties has been determined to be un-
available under inner Federal laws or
programs pursuant to the provisions
of 570.807. The term "flood and
drainage facilities" means those un-
dertakings designed to influence or
affect the flow in & natural water
course (such as a river, stream, lake,
estuary. bay, ocean or intermittent
stream) and excludes storm sewers.
(14) Other public facilities and OA-provements, not listed in this para-
graph, except those described In
If 570.207 (a)(1) and (f), which are nec-
essary and appropriate to the Imple-
mentation of the applicant's grategy
for neighborhood revitalization or
housing.
0) The applicant shall provide HUD
with a description of the proposed fa-
cility or improvement and the rela-
tionship to applicant's strategy for
neighborhood revitalizatlon or hous-
ing. (0) Among the factors HUD will take
Into account In authorizing assistance
under this paragraph are the amount
of benefit to low- and moderate-
Income persons, the degree of Impact
on the identified needs of the appli-
cant, and the availability of other Fed-
eral funds for the activity.
(d) Clearance activities. Clearmce,
demolition and removal of buildings
and improvements, including move-
ment of structures to other sites. De-
molition of HUD assisted housing
units may be undertaken only with
the prior approval of HUD.
to) Public services. Provision of
public services (including labor, sup-
plies and materials) which are directed
toward improving ' the community's
public services and facilities, including
those concerned with employment,
crime prevention. child care, health,
drug abuse, education, welfare or tee-.
reationsil needs, and which are direct.
ed toward coordinating Public and Pri-vate development programs. Such ser-vices may be provided by State or local
governments. quasi -Ponik• Private or nonprofit agencies. Including, but not
limited to. 1100-approve4 counseling
agencies, selected by the applicant for
funds provided under this Part. In
order to be eligible for block grant as-
sistance, public services must meet
each of the following criteria:
(1) Public services are to be Provided
for residents of neighborhood strata'sy
areas in which block grant assisted
Physical development activities are
being carried out in a concentrated
manner. Such Public services may be supported with block grant funds
during the period which block grant
assisted physical development activi-
ties are being carried out. in a conceit-
trated manner, and may be continued
for no more than three years after the
completion of such physical develop-
merit activities. For the purpose of
this paragraph:
(1) Physical development activities
Include only those described in
4510,201 (a) through (4). (r) through (hi, and (k). and 4570.202 through
4-570.203.
(ii) The phrase "concentrated
manner" shall mean that the block
grant assisted Physical development activities are being carried out within
an area in a coordinated manner to
serve a common objective or purpose
pursuant to a locally developed plan or
strategy.
(2) Such services must be directed
toward meeting the needs of residents
of such areas. Block grant assistance
may incidentally be provided for such
services only for those who are not
residents of areas of concentrated
physical development.
(3) A public service must be either (I)
a new service, or (II) a quantifiable in-
crease in the level of a service above
that which haa been provided by or in
behalf of the applicant from local rev-
enue sources or State funds received
by the applimot in the twelve Wens
dar months prior to submission of the
block grant Ikrtplimf Inn (An exception
to this requirement with regard to
state-funded services may be made U HUD determines that the decrease In
the level of a service was the result of
events not within the control of the
applicant.)
(4) Federal assistance in providing or
securing such public services must
have been applied for and denied or
not made available pursuant to the
provisions of I 570.607.
(5) Public services must be deter-
mined by the applicant to be necesr
or appropriate to support tne Phys.
development activities to be carried
out within Neighborhood Strategy
Areas. For example. the Provision of
lob training for area residents working
on neighborhood revitalization pro-
jects would be appropriate to support
& concentration of block grant assisted
physical development activities being
carried out in the area. (I) The specific
determination of support for each Pro-
pmed public service is not required to
be included in the application, but the
applicant must briefly describe the re-
lationship of the public service to the
physical development activities. (ID
HUD will accept the applicant's deter-
mination that a public service is neces-
sary and appropriate to support the
13113ateal development activities unless
there Is substantial evidence to the
contrary. in which case additional In-
formation or assurances may be re-
quested from the aindicarft Odd' to a
determination of eligibility:
(f) interim assistance. Interim assis-
tance to alleviate harmful conditions
where immediate public action is de-
termined by the applicant to be neces-
(1) The following activities may be
undertaken as a prelude to more com-
prehensiga-treatmast- in-eirees-wissos
activities included in the Commur'
Development Program are to be t,
ried out, such as an NSA. in order to
hold the area from further deteriora-
tion during the interim period:
(I) The repairing of streets,
sidewalks, parks, plaYgrounds, publicly
owned utilities and public bitildinvn
an The improvement Of private
properties to the extent necessary to
eliminate immediate dangers to public
health, safety or welfare:
(ill) The establishment of temporary
public playgrounds on vacant land:
and
(1v) The execution of special gar-bage, trash, and debris removal, in-
eluding neighborhood clean up cam-
paigns, but not the regular curbside
collection of garbage or trash in an
&res.
(2) The following activities may be
undertaken to the extent necessary to
alleviate emergency conditions threat-
ening the public health and safety in
areas where the chief executive officer
of the applicant determines that an
Imminent threat to the public health
and safety exists requiring immmiate
resolution of emergency conditions:
(I) the improvement of private Praia.
ertieg
(in the repair of streets, sidewalks,
utilities, and other Public facilities and
improvement.% and
(111) the removal of trash and de
unsafe structures, clearance of street;
mom ittoorte. VOL 43, NO. 41—WI0NISOM., AUDI 1. 157111
RULES AND REGULATIONS 8443
Including snow removal, and other
similar activities.
The chief executive officer, or his
designee, shall notify the appropriate
HUD Area Office within seven days of
determining that a situation exists
which poses an Imminent threat to the
public health and safety and that
block grant funds will be used to alle-
viate the emergency conditions.
(i) Payment of the non-Federal sham
required in connection with a Federal
grant-in-aid program undertaken as
part of the block grant activities. Pro-
vided. That such payment shall be
limited to activities otherwise eligible
under this subpart.
(h) Urban renewal completion. Pay-
ment of the cost of completing an
urban renewal project funded under
Title I of the Housing Act of 1949 as
amended. Further information regard-
ing the eligibility of such costa is set
forth in .570.801.
(0 Relocation. Relocation payments
and assistance for individuals, families,
businesses, nonprofit organizations,
and farm operations displaced by ac-
tivities assisted under this Part. Fur.
ther information regarding the eligi-
bility of relocation costs is set forth In
1570.602.
, (j) Loss of rental income. Payments
to housing owners for losses of rental
Income incurred In 'holding for tempo-
rary periods housing units to be uti.
heed for the relocation of individuals
and families r"placed by program ac-
tivities assisted under this Part.
(k) Removal of architectural bar.
nem. Special projects directed to the
removal of material and architectural
barriers which restrict the mobility
and accessibility of elderly or handi-
capped persons to publicly owned and
privately owned buildings, facilities,
and improvements. Further informa-
tion regarding the removal of architec-
tural barriers is available In publica-
tion ANSI A117.1-1981 (R. 1971) of the
American National Standards Insti-
tute, Inc.
• (I) Privately owned utilities. Acquisi-
tion, construction, reconstruction. re-
habilitiatlon, or installation of distri-
' bution facilities and lines of privately
owned utilities where necessary and
appropriate to implement the open-
cant's strategy for neighborhood revi-
talization or housing. Activities may
Include the placing underground of
new or existing distribution facilities.
(1) The applicant shall provide HUD
with a description of the proposed ac-
tivity and the relationship to the ap-
plicant's strategy for neighborhood re-
vitalization or housing.
(2) Among the factors-HUD will take
Into account In authorizing suds ac-
tivities are:
(I) The degree of benefit to low- and
moderate-income persons
(11) The degree of impact on the in-
dentitled needs of the applicant: and
(tit) The availability of other Federal
funds for the activity.
§ 570.202 Eligible relmbilitation and pros.
tendon activities.
Grant assistance may be used for
the following activates for the miss ,
billtation of buildings and improve-
ment&
. (a) Rehabilitation of public residen-
tial structures. Rehabilitation of pub-
licly owned or acquired properties for
use or resale in the provision of hous-
ing. including -
(1) Permanent housing unit& both
single family and multifamily, for
rental or sale and
(2) Residential facilities, Including
group homes, halfway houses, and
emergency shelters. For example, a
group home for the handicapped Or a
temporary shelter for battered women
may be provided through acquisition
and rehabilitation of properties for
those purposes.
(h) Public housing modernization.
Modernization and modernization
planning of publicly-owned low-Income
housing (excluding, the new construc-
tion of office facilities for such public
housing).
N.B. block grant funds may also be pro-
vided by an applicant to a public housing
agency to be used for otherwise eligible so
rheum ea.. public services such as security
and day care meeting the requirements of
570.201(e) and planning and policy-plan-
nine-mensgeinisit activities under 4576205
related to public housing improvements.)
(e) Rehabilitation of private proper-
ties. Block grant esseitanet may be
used for the rehabilitation of privately
owned properties. Assistance may con-
sist of:
(1) Acquisition for the purpose of re-
habilitation. Block grant funds may
be used to assist private entities. In-
cluding those organized for profit and
on a not-for-profit basis to acquire, for
the purpose of rehabilitation, and re-
habilitate properties for use or resale
In the provision of housing which.
upon completion of rehabilitation, at a
minimum will meet the Section 8 Ex -
listing Housing Quality Standards set
forth in 24 CFR *882.109. Including
ill Permanent housing units, both
single family and multifamily, for
rental or sale: and
Oh Residential facilities. Including
group homes, halfway houses, and
emergency shelters:
(2) Rehabilitation fintmeing. Block
grant funds may be used to finance
the rehabilitation of privately owned
residential, non-residential (excluding
industrial properties), and mixed use
properties either within areas where
activities included In the Community
Development Program are being car-
ried out, such as a NSA. or on a spot
basis throughout the jurisdiction of
the applicant for low- and moderate.
income persons. Block grant funds
may be used directly to finance reha-
bilitation. including settlement costa
through the direct use of block grant
funds in the provision of assistance.
such as grants, loans. loan guarantees
and interest supplements; ton
(I) Costs of rehabilitation of proper-
ties. Including, repair directed toward
cure of an accumulation of items of
'deferred maintenance, replacement of
Priticesal fixtures and components of
existing structures, and renovation
through alteration, additions to, or en-
hancement of existing structures,
which may be undertaken singly, or In
combination:
(Il) Refinancing existing Indebted-
ness secured by a property being reha-
bilitated If such refinancing is neCeS•
sary or appropriate to the execution of
a Community Development Program:
(iii) Measures to Increase the effi-
cient use of energy in structures
through such means as Installation of
storm windows and doors, siding, well
and attic insulation, and conversion,
modification or replacement of heat-
ing and eooling equipment, including
the use of solar. alarm? equipment.
(lv) Financing of costs associated
with the connection of residential
structures to water distribution lines
or local sewer collection iirleg. or
(v) Costs of initial homeowner war-
ranty premiums for rehabilitation car-
ried out with block grant emistanmm
(3) Materials. Block grant funds MaY
be used to provide materials, including
tools, for use in the voismiltztion of
properties either by the property
owner or tenant, or where arrange-
meats have been made for the pron.
skm of labor, such as through a arrn grans.
(d) Temporary relocation oewthrnee
Block grant funds may be used for
temporary relocation payments and
assistance to individuals, famines.
businesses, non-profit organizations,
and farm operations displaced tempo-
rarily by rehabilitation activities as-
sisted under this part. Further Infor-
mation regarding the eligibility of re-
location costs is set forth in 1510.802.
(e) Code enforcement Code enforce-
ment in areas where activities included
In the Community Development Pro-
gram are being carried out, such as an
NSA. which Is deteriorating or deterio-
rated in which such enforcement to-
gether with public improvements, re-
habilitation amiamm..., and services to
be provided. may be expected to arrest
the decline of the area.
(f) Historic preservation. Rehabilita-
tion, preservation, restoration and ac-
quisition of historic properties, either
publicly or privately owned, which are
those sites or structures that are
either listed in or Flieim• to be listed
In the National Register or Historic
Places, listed in a State or local Inven-
tory of Historic Places. or designated as a State or local land mark or Mater
Meta mum vol. a. NO 41—WEDNESDAY, MUCH 1, leSs
41,
8344 RULES AND REGULATIONS
lc district by appropriate law or ordi-
nance.
Publicly owned historic properties
May be assisted, including those prop-
ernes which are otherwise Ineligible
for assistance Under this subpart.
However, eligibility is limited only to
those costa necessary for rehabilita-
tion, preservation or restoration of the
property and not for conversion or ex-
pansion of the property for any Ineli-
gible use. For example, a city museum
serving low. and moderate-income per-
sons. and listed in the National Regis-
ter may be restored, but the addition
of a new wing on. the museum could
not normally be assisted, unless it
were otherwise eligible for assistance
pursuant to §570.203thi. .
IS70.203 Eligible economic development
activities.
Grant assistance may be provided
for the following development activi-
ties which are not otherwise eligible
for block grant assistance, which are
directed toward the alleviation of .
physical and economic distress, or the
economic development of a new com-
munity as described In 570.403(a)
through stimulation of private invest-
ment community revitalization, and.
expansion of economic opportunities
for low- and moderate-income persons.
and handicapped persona and which
are necessary and aPProiariate to im-
plement the applicant's strategy for
economic development.
The applicau. shall Provide HUD with a description of the activity, and
of the relationship to the applicant's
strategy for economic development. In
authorizing activities, HIID will take
Into account the amount of long-term
employment to be generated by the
activity accessible to low- and =der-
ate-Income persons, the necessity of
the activity to stimulate private in-
vestment- the degree of impact on the
economic conditions of the applicant,
and the availability of other Federal
funds.
(a) Acquisition. Acquisition of real
property for economic development
purposes:
.(b) Public facilities and improve-
ments. Acquisition, construction, re-
construction. rehabilitation, or instal-
lation of public facilities and improve-
ments not otherwise eligible for assis-
tance, except buildings and facilities
for the general conduct of governMent
which are excluded by 570.207(aX 1).
For example, in an area with an un-
employment rate In excess of the na-
tional rate, a manpower training
center'whicti is designed to prepare for
the work force low- and moderate.
income persons who are unemployed
or underemployed. may be assisted
where it is determined by the appli-
cant that such a facility Is necessary
and appropriate to support its eco-
nomic development strategy.
(c) Commercial and industrial facili-
ties Acquisition. construction. recon-
struction, rehabilitation or installation
of:
(1) Commercial or industrial build.
togs and structures. including:
(I) Purchase of equipment and fix-
tures which are part of the real estate,
but not personal property: and 7,
(II) Energy conservation teepees*
ments designed to encourage the effi-
cient use of energy resources (Includ-
ing renewable energy resources or al-
ternative energy resources):
(2) Commercial or industrial real
Property improvements (Including rail-
road spurs or similar extensions).
§570.2e4 Eligible nihilism by Private
nonprofit entitles, neighborhood-based
nonevent organisations, local develop.
meat con/orations, or smell business
Investment companies.
(a) General. Grant assistance rdaY be used by applicants to provide block
Brant funds for activities designed to
implement the applicant's strategies
for economic development and neigh-
boihood revitalization set forth in this
section to be carried out by a private
nonproft entity, a neighborhood-based
nonprofit organization, local develop-
ment corporation. or Small Business
Investment Company (SHIM (1) Ap-
plicant Responsibilities Applicants
are nonetheless responsible for ensur-
ing that block grant funds are utilized
by such entities in a manner conies-
tent with the requirements of this
Van and other sinnicable Federal. State, or local law. Specific require-
ments governing the administration of
the use of block grant funds by such
entitles are set forth in 570.612. Ap-
plicants will also be responsible for the
carrying out of applicable environmen-
tal review and clearance reseonsibli-
Wes.
(2) Eligible Entities. Entities eligible
to receive block grant funds under this
section are: (i) A private non-Profit
entity which is any organization, cor-
poration, or association, duly orga-
nized to promote and undertake com-
munity development activities on a
not-for-profit basis. Including new
community associations as defined in
g 570.403(b):
(II) A neighborhood-based nonprofit
organization which is an association or
corporation, duly organized to pro-
mote and undertake community devel-
opment activities on a not-for-profit-
basis within a neighborhood as de-
fined pursuant to f 570.201(cX4), An
organization is considered to be neigh-
borhood-based if the majority of
either its membership, clientele, or
governing body are residents of the
neighborhood where activities assisted
with block grant funds are to be car-
ried out:
MD A Small Business Investment
Company (SBIC) which is an entity
organized pursuant to section 301(d)
of the Small Business Investment Act
of 1958 (15 U.S.C. 681(d)), includintl
those which are profit making: and
• (iv) A local development eorporr"mi
which is an entity organized pun A
to Title VII of the Headstart. Econ.,in-
IC and Community Part-nership Act of 1974 (42 U.S.C. 2981);
an entity eligible for assistance under
section 502 of the Small Business In-
vestment Act of 1958 (15 U.S.C. 696). a State development entity eligible for
assistance under section 501 of the
Small Business Investment Act of 1958
(15 U.S.C. 695), or other similar entity Incorporated pursUant to
State, or local law.
(b) Activities • eligible under
ft 570.101-570.203, and f 570.205 and
I 570.201. Grant assistance any be pro-
vided by an applicant to be utilized by
Private nonprofit entities, neighbor-
hood-based nonprofit organizations.
SBICa or local development corpora-
tions for activities otherwise eligible
for block grant assistance Pursuant to
1§570.201-570.203, ' f 570.208._ and
570.206, Where such entitles use
block grant funds to acquire title to fa-
cilities, including those described in
§570.201(c) or §570.203(b), they shall
be operated so as to be Open for use by.
the general public during all normal
hours of operation. Reasonable feet
may be charged for the use of focal-
tics acquired by such entitles, but
charges, such as excessive membershila
fees, which will have the effected tt•-% eluding low- and moderate-Income:
sons from using the facilities are was
permitted. • •
(e) Community economic develop-ment or neighborhood revitalisation activities. Grant assistance may be
provided by an applicant to be used be
neighborhood-based nonprofit mord.
aliens, SIIIC's or local development
corporations, but not private nonprofit
entities as defined in §11/0.2040taliiii.
for community economic development
or neighborhood revitalization activi-
ties which are not otherwise eligible
for assistance under this subpart and
which are determined by the applicant
to be necessary or appropriate to the
accomplishment of Its Community De-
velopment Program- Such activities
may include the provision of block
grant assistance for use by neighbor-
hood-based nonprofit Organizations,
SBIC. or local development. corpora-
tions !sr.
(1) iisistance through grants, loans,
guarantees, interest supplements, or
technical assistance to new or existing
small businesses, minority businesses
and neighborhood nooprefit business-
es for
(1) Working capital or operational funds: and
(11) Capital for land, structural,
property improvements, and fixture,'
(2) Capitalisation of • SBIC or lc
development corporation required as
MOM 110151111, VOL 43. HO, 41—WEDNISDAY, MARCH 1, 1175
r)f,
RULES AND REGULATIONS
qualify for assistance under other Fed- specifies both short- and long-term ob-
eml programs: jectives to guide the applicant's Corn-
(3) Assistance to minority contra°. munity Development Program:
tors to obtain petformance bondlnin or (4) Related planning and urban en.
(4) Other activities, excluding those vironmentat design acitivities 1w:ed.
• described as ineligible for block grant tag the preparation of communitywide
assistance in if 570.207(aX1) and (et plans for land use, housing, open
appropriate for community economic space, recreation, utilities, historic
development or neighborhood revitan preservation. including surveys of his-
ization. Where an applicant proposes tone properties, economic develop.
to fund such entities to undertake so- ment, neighborhood preservation. re .
nettles pursuant to this paragrants moval of architectural barriers to the
the applicant shall: elderly and handicapped, and endron-
(1) Provide RED with a complete de- mental assessment:
scription of the proposed activity: (5) Collection of detailed data, prep-
(in Provide HUD with a description &ration of analyses, engineering and
of the relationship of the proposed se- design of facilities eligible for anis-
tivitY to the applicant's strategy for Una) which can be constructed with
neighborhood revitalization or econ. block grant funds; and
mic development; and (5) Development of codes. ordinances
(iii) Receive specific authorization and renulations, necessary for the ins-
from HUD to undertake the activity. plementation of the plan, including
local fair housing ordinances.
570.205 Eligible planning. 'and urban en- (b) Develonment dr a policy.plan-
vironmental design eats, ning.management capacity so that the
Grant assistance may be used for applicant =AY:
the following planning, design, and en- a) Set long-term and short-term ob-
vironmental costs: Jed:Ives related to the community de-
(e) Development of a Comprehensive velopment and housing needs of its-nn
Community Development Plan For risdiction:
the purpose of this section. the term (2) Devise programs and activities to
"Comprehensive community Develop. meet -these goals and objectives;
ment Plan" means s statement or (3) Establish an urban environmen-,
statements (in words, maps. Inustm. tat design administrative capacity to
nom or other methods of communica. use a systematic, interdisciplinary ap.
non) which identify the present conch. Proach to the integrated use of natin
nous. needs and major problems of the ral and social sciences and environ.
applicant's jurisdiction relating to the mental design arts in planning and de.
specific objectives of the Communal(' (Minn mid=
Development Preen= as set forth in - (4) Evaluate the Progress of such
1570.2(5) and set forth objectives, eon- programs and activines and the extent
cies and standards to guide the devel- to which the goals and objectives have
opment and implementation of such been accomplished: and .
Community Development Program. (5) Carry out the management: co-
Activities necessary to develop a Conn ordination and monitoring of the ac-
prehensive Community Development nettles and programs that are a part
Plan may Include: of the &nein-sews Community Devel-
(1) Data gathering and studies nets- oPment Program.
essary for the development of the (c) Comprehensive planning actitin
Plan or its components, including the den In addition to the Planning setiel -
production of base :napping and aerial ties otherwise eligible for assistance
photography in coordination with the under this section, endstance maY be
U.S. Geological Survey, and gathering also provided for comprehensive plan-
information from citizens, but exclud- ning activities eligible for assistance
Mg the gathering of detailed data and under the section 701 Planning a3b12.
preparing of analyses necessary for lance program pursuant to 24 CFR
the engineering and design of facilities Part 800 provided that such additional
or activities Ineligible for block grant planning activities are necessary or ay-
assistance pursuant to 570.201: propriate to meeting the needs and ob-
(2) Development of statements. of Mr JetUves of the applicants' Community
jeclives. policies and standards regard, Development Program. The applicant regard-
ing proposed or forseeable changes in shall submit a description of the actin-
the present conditions or problems af-
fecting
Ity to HOD. Among the factors HUD
that are to be addressed by the Com-
munity
activities will be the impact of the ac-
Development Program. includ-
ing
they on the needs and objectives Meil-
further fair housing; ability of other Federal funds.
(3) Development of a three-year Com-
munity Development Plan Which Men- 574.2011 Administrative Iden-
tifies the community development,
housing, and economic conditions and
needs demonstrates a comprehensive
strategy for meeting those needs and
8445
munitY development activities fi-
nanced. in whole or In part, with funds
provided under this Part and housing
activities covered In the applicant's
Housing Assistance Plan (RAP). Costs
Incurred in carrying out the program,
whether charged to the program an a
direct or an Indirect basis, must be In
conformance with the requirements of
Federal Management Circular (FMC)
74-4, "Cost Principles Applicable' to
Grants and Contracts with State and
Local Governments." All Items of cost
listed in Attachment S. Section C of
that Circular (except Item 8, preagree-
ment cost, which are eligible only to
the extent authorized In 570.301(e)
are allowable without prior approval
to the extent they constitute reason-
able costa and are otherwise ' eligible
under this subpart.
(a) Eligible program administration
costa Reasonable administrative costs
and Staff expenses Include necessary
expenditures for the following;
(1) Salaries, wages and related costs
of the applicant's staff and the staff of
local public agencies engaged In carry-
ing out the program:
(2) Travel coats incurred for official
business in carrying out the program
(3) Administrative services Per
formed under third-party contracts o.
agreements , including such services (A.
general legal services, accounting set
vices and audit services;
(4) Other costs for goons and ser-
vices required for administration of
the program including such goons and
services as rental and maintenance of
office space. Insurance, utilities. office
supplies and rental or purchase of
office equipment:.
(5) Costs associated with the admin.
istration of individual program amid-
ties: and -
(ID Reasonable administrative costs
relating to the provision of rehabilita-
tion loans under Section 312 of the
Housing Act of 1984. as amended, and,
where appropriate, administration of
an urban homesteading program pur-
suant to section 810 of the Housing
and Community Development Act of
1974, as amended, in accordance with
the Community Development Pro.
gram or housing assistance plan.
the applicant's jurisdiction will take into account in authorizing
policies which will affirmatively tilled by the applicant. and the avail-
GO The provision of information
and other resources to residents and
citizen organizationS participating in
the planning, implementation, or as-
sessment of activities being carried out
with block grant tunes. This may in.
dude assistance to neighborhood orga-
nizations in areas of concentrated ac-
tivities or to city-wide organizations
conducting training or other activities
designed to increase the capability of
low- and moderate-income person., to
Eligible be involved effectively In the develop-
ment and planning and design of a
Cons, community development program con-
Payment of reasonable administra. antent with the applicable citizen ma-
nse costs and carrying charges related ticipaticm requirements set forth In
to the planning and execution of cons- this Part.
MOIRA IttOnn4, VOL 43. NEL 41—WEDNESDAY, MAIM I, 14rS
8446 RULES AND REGULATIONS
Cc) Provision of fair housing counsel-
ing services and other activities de-
signed to further the fair housing pro-
visions of 570.307(k) and the housing
objective of promoting greater choice
of housing opportunities and avoiding
undue concentrations of assisted per-
sons In areas containing a high propor-
tion of lower-income persons. For ex-
ample. activities may include inform-
ing members of minority groups, and
the handicapped, of housing opportu-
nities in non-traditional neighbor-
hoods and providing information
about such areas, and assisting mem-
bers of minority groups. and the
handicapped, through provision of
escort services to brokers offices in
non-traditional neighborhoods.
(d) Provision of cams lance to facili-
tate performance and payment bond-
ing necessary for contractors carrying
out activities assisted with block grant
funds including. Payment of bond pre-
miums In behalf of contractors.
to) Property management. Reason-
able costs of managing Properties ac-
(mired with block grant funds.
. (f Applications for Federal pro-
puma including the block grant pro-
gram and =AG program, mar be pre-
pared with block grant funds where
necessary and appropriate to imple-
ment the applicant's comprehensive
strategy for community development.
Special provisions regarding letter to
proceed for small city applicants are
contained In Subpart P. •
(g) Activities to facilitate the imple-
mentation of a housing assistance
plan for necessary expenses. Prior to
construction, in planning and obtain-
ing financing for the new construction
or substantial rehabilitation of hous-
ing for lower-income persona Activi-
ties may include:
(1) The costs of conducting prelimi-
nary surveys and analyses of market
needs: '
(2) Site and utility plans, narrative
descriptions of the proposed construe-
tion. preliminary cost estimates, urban
design documentation. and "sketch
drawings." but excluding architectur.
al . engineering, and other details ordi-
narily required for construction pur-
poses, such as structural., electrical,
plumbing, and mechanical details
(3) Reasonable costs associated with
development of applications for mort-
gage and insured loan commitments.
including commitment fees, and of ap-
plications and proposals under the
Section 8 housing assistance payments
program pursuant to 24 CFR Parts
880-883: and
(4) Fees associated with processing
of applications for mortgage and in-
sured loan commitments under pro-
grams including those administered by
HUD, Farmers Home Administration
(Fini1A). Federal National Mortgage
Association (FNMA). and the Govern-
ment National Mortgage Association
(GNMA).
The new construction or direct fi-
nancing of new construction of hous-
ing is not eligible for assistance under
this Part, except as described in
570.207(f).
Environmental Studies. The rea-
sonable costs of environmental studies,
including historic preservation clear-
ances. necessary to comply with 24
CFR Part 58. including project specific
environmental assessments and clear.
ances for activities eligible for assis-
tance under this Part.
5570.207 Ineligible activities.
The following is a list of activities
which are ineligible for block grant as-
sistance-under most circumstances and
serves as a general guide regarding In-
eligible activities. There are several
authorities set forth in Subpart C
which would Permit actIvities eked in
this section to be undertaken with
block grant funds. When an activity
used as an example In this section
meets the requirements for eligibility
pursuant to Subpart C. such an astir-
lit may be assisted with block grant
funds even though it is used as an ex-
ample of an ineligible activity. The list
of examples of Ineligible activities Is
merely Illustrative and does not consti-
tute a list of all ineligible activities:
(a) Public works, facilities and site
or other improvements. The general
rule is that public works, facilities and
site or other improvements are ineligi-
ble to be acquired, constructed, recon-
structed, rehabilitated or installed
unless they are eligible pursuant to
g 570.201(c) or 570.203(b). or were
previously eligible under any of the
programs consolidated by the Act
(except the public facilities loan pro-
gram, the model cities program, and as
an urban renewal local grant-in-aid eli-
gible under section 11003)(3) of Nous-
hag Act of 1949) and cited in 870.1(b).
Activities undertaken to make facili-
ties and improvements otherwise ineli-
gible for development with block grant
assistance accessible to the elderly and
handicapped through removal of ar-
chitectural barriers, or for the pug.
poses of historic preservation pursuant
to 54 570.201(k) and 570.202(f), respec-
tively, are eligible for imsio."' with
block grant funds and are not -pre-
cluded by this section. Where acquisi-
tion of real property includes an exist-
ing improvement which is to be uti-
lized in the provision of an ineligible
public facility, the portion of the ac-
quisition cost attributable to such im-
provement, as well as the cost of any
rehabilitation or conversion undertak-
en to adapt or make the property suit-
able for such use, shall be ineligible.
Examples include the following:
(1) Buildings and facilities for the
general conduct of government, cannot
be provided with block grant assis-
tance, such as city halls and other
headquarters of government where
the governing body of the recipient
meets regularly and which are Pre-
dominantly used for municipal pur-
poses, courthouses, police stations •
other municipal office buildings:
(2) Other facilities and improve-
ments, which may not be provided
with block grant, funds unless they are
determined by HUD to be necessary
and appropriate to the buldementa-
lion of an applicant's strategy for com-
munity development amid housing in
accordance with §§ 570.201(c)(14) or.
570.203(03. Include:
(I) Facilities used for ezhibitions,.
spectator events and cultural pur-
poses, including stadiums, sports
arenas, auditoriums, concert hank cul-
tural and art centers, convention cen-
ters and exhibition bails, museums,
central libraries, and similar facilities-
For the purpose of this Paragraph. li-
braries (including central libraries in
units of general local government
under 25,000 population where the cri-
teria set forth In I 570.201(e)(4)(U) are
satisfied). cultural, art and museum fa.
Wines which meet the requirements
for neighborhood facilities set forth In
570.201031(4) are considered neigh-
borhood facilities and are therefore
eligible for assistance.
(U) Schools and educational AMU-
ties. (including elementary, secondary,
college, and university facilities). For
the purpose of this Paragraish-
A neighborhood facility, senior
center or muter for the handicaps
In which classes in practical and via-
tional activities (such as first aid, ho-
memaking: crafts. Independent living,
etc.) are among the services provided
Is not considered as a school or educa-
tional facility:
WO Airporis. subway& trolley lines,
bus or other transit terminals, or sta-
tions. and other transportation facili-
ties. (excluding railroad spurs assisted
pursuant to 5510.203(0).
(iv) Hospitals. nursing homes and
other medical facilities. For the pur-
pose of this paragraph, a neighbor-
hood facility, senior center, center for
the handicapped, which provide gener-
al health services is not considered to
be a medical facility. '
(v) Treatment works for sewage or
Industrial wastes of a liquid nature,
consisting of the various devices used
In the treatment of sewage and com-
mercial and Industrial wastes of a
liquid nature, including the necessary
interceptor sewers, outfaU sewers,
actual treatment facilities, pumping
stations, power and other equipment.
and their appurtenances. The term
"Interceptor sewer" means a line
which has as Its, primary purpose the
diversion or transmission of sewage,
from a collection system to a treat-
ment facility, and applies to the V
(A) In those situations where raw Or
Inadequately treated sewage Is being
Mara ItIONTER, VOL 43, NO, 41-1vIONISOAY, MAKS 1, 19711
471/ nto
discharged from an existing public
sewer, those sewer tines, whether grav-
ity or force. and any pumping stations
or other appurtenances thereto which
are necessary to prevent or eliminate
the discharge into any waterway of
raw or inadequately treated sewage
from an existing point or points of dis-
charge in a public system are not
big. This includes any necessary pump-
ing stations, force mains or other ap-
purtenances thereto: and
(B) In all other situations, the line
or lines which divert the flow to the
treatment facility from the point of
natural discharge of a collection
system, where no treatment to be pro-
vided. Including any necessary
hag stations, force mains or other ap-
purtenances are not eligible.
(b) Purchase of equipment. The pur-
chase of equipment with block grant
funds Is generally ineligible.
Cl) Construction equipment. The
purchase of construction equipment is
ineligible, but compensation for the
use of such equipment through leas-
ing, depreciation or use allowances
pursuant to Attachment B of OMB
Circular A-102 for an otherwise eligi-
ble activity is an eligible use of block
grant funds. An exception is the pur-
chase of construction equipment
which is used as a part of a solid waste
disposal facility which Is eligible for
block grant assistance Pursuant to
570.201(c)(5). such as a bulldozer
used at a sanitary land=
(2) Furnishings and personal proper-
ty. The purchase of equipment, fix-
tures. motor vehicles, or furnishings or
other personalty not an integral struc-
tural fixture is ineligible, except when
necessary for use by a recipient or its
subgrantees in the administration of
It s Community Development Program
Pursuant to 570.205(d). or as a part
of a public service pursuant to
f 510.201(e).
(e) Operating and maintenance ce.
ywnses, The general rule is that any
expense associated with operating,
maintaining or repairing public facili-
ties and works or any expense associat-
ed with providing public services not
assisted with block grant funds is ineli-
gible for assistance. However, operat-
ing and maintenance expenses associ-
ated with providing public services or
Interim assistance otherwise eligible
for assistance under this Part may be
assisted. For example, the cost of a
public service being operated with
block grant funds in a neighborhood
facility may include reasonable ex-
penses associated with operating the
RULES AND REGULATIONS
public service within the facility, in-
cluding costs of rent, utilities and
maintenance.
Examples of activities which are not
eligible for block grant assistance are
(1) Maintenance and repair of
streets, parks. playgrounds, water and
sewer facilities, neighborhood facili-
ties. senior centers, centers for the
handicapped, parking and similar
public facilities. Examples of mainte-
nance and repair activities for which
block grant funds may not be used In-
clude the (Wing of pot holes In streets,
repairing of cracks in sidewalks, the
mowing of retreational areas, and the
replacement of expended street light
bulbs.
(2) Payment of salaries for staff,
utility costs and similar expenses nec-
essary for the operation of public
works and facilities: and
(3) Expenses associeted with provi-
sion of any public service which is not
eligible for assistance pursuant to
570.201(e).
(d) General miverament expenses.
Expenses required to carry out the
regular responsibilities of the unit of
general local government are not eligi-
ble for assistance under this part. Ex-
amples include all ordinary general
government expenditures not related
to the Community Development Pro-
gram and not related to activities eligi-
ble under this subpart.
(e) Political activities. No expendi-
ture may be made for the use of equip-
ment or premises for pelItil",4 Pur-
poses, sponsoring or conducting Candi-
dates' meetings, engaging in voter reg-
istration activity or voter transporta-
tion or other partisan political activi-
ties.
(f) New housing constructices Assis-
tance may not be used for the con-
struction of new permanent residen.
nal structures or for any proem= to
subsidize or finance such new con-
struction. except as provided under
the last resort housing provisions set
forth in 24 CFR Pert 43, or pursuant
to 570.204(cX4). For the purpose of
this Paragraph, activities in support of
the development of low- or moderate-
income housing in accordance with an
approved Housing Assistance Plan
chiding clearance, site s ,,,meeblage,
provision of site and provision of
public improvements and certain hous-
ing preconstruction costs set forth in
I 570.205(dX7), are not considered as
programs to subsidize or finance new
residential construction.
(g) Income payments. The general
rule is that assistance shall not be
used for income payments for housing
3447
or any other purpose. Examples of In-
eligible income payments include the ;
following: payments for income main-
tenants,. housing allowances. gown
payments and mortgage subsidies.
Ill Conforming changes are made to
part MO as followc
5570,403 (Amended!
1. In f 570.403(h), the reference to
570.200(a)" is changed to
"f 510.201(cX4)."
f 570.405 lAmendedf
2. In 510.405(b). the reference to
"f 370.200" Is changed to "Subpart C."
1570.402 amended)
3. In 570.407(d), the reference tc j
"f 370.200" is changed to "Subpart C.'
5570Al2 (Amended!
4. In 5570,512(e), the reference ir
'1570,200" is changed to "Subpart C.'
5570.031 (Amended)
D. In I 570.601(bX4XM), the refer.
awe to 1570.200" is changed to "Sub
part C."
STOAT amended)
IL In 5570401, the references is
"f 501.200(a)(8)." 570.200(b)," an:
510.200(a)(2r are changed t ,
"5510.201(e)," "5310.200(c)." ant
'11510.201(cX13)." respectively.
f 574.SOI !Amended] .
7. In f 570.1101(bX1X11), the refer
ences to "5510.200" are changed is
"Subpart C." '
f1510.907 [Amended)
IL In f 570.907(h). the references it
"5 570 '..!1101a)(8)" and 1 570.2001aX2/
are changed to "5570.201(e)" ant i
510.201(c)(13)." respectively.
5570.909 Untended.)
9. In 5 570.909(1)(1)X1), the referenm
to 1 570.200" is changed to 'Subpar
C."
(Title I. Housing and Community Develop
mane Act of 1214 (42 U.S.C. 1301 et seq..
Title I. Routing and Community Develop
MIS Act of INT (Pub. L. 03.1211k and ter
7(d). Department at Rousing and Urban De
velopment Act (42 U.S.C. 3435(taki
Issued at Washington. D.C., E'tbru
ary 21, 1978.
ROBERT C. Emmy. Jr.,
Assistant Secretary for Coinasu-
city Planning and Develop-
ment.
(PR Doe. 75411SPIled 2-23-1e: 124 pm)
SEDERAI MOM Vat. 43, NO. 0—WIDNESOAT, MARCH I, 191$
AO
MEMO:
TO: Mayor and City Council
FROM: Chris Enger, Director Of Planning
THROUGH: Roger Ulstad, City Manager
DATE: November 29, 1978
SUBJECT: 1979 Community Development Block Grant
Eden Prairie's target allocation through Hennepin County for 1979
should be about $65,000. As we anticipated last year, the types of
activities which are eligible for funding through this H.U.D. program
are becoming more limited because of the low and moderate income
direct benefit criteria. We do think we have some good suggestions
for housing, community facilities and parks for the next 3 year pro-
gram.
The staff is anticipating following the schedule outlined below for
obtaining citizen comments toward developing our December 5, 1978
C.D.B.G. program.
December 7, 1978 publish public hearing notice for Planning
Commission meeting of December 18th. •
December 11, 1978 public meeting and discussion at Human Rights
Commission
December 18, 1978 public meeting and discussion at Parks, Recreation
and Natural Resources Commission.
December 18, 1978 public hearing before the Planning Commission
Request City Council to set public hearing for January 16, 1979
January 4, 1979 publish hearing notice for January 16, 1979
City Council Public Hearing.
January 16, 1979 Public Hearing before City Council
Late January, 1979 Public Hearing before Planning Area Cititens
Advisory Committee
Back to City Council in February for final approval of program
Forward to Hennepin County for County wide public hearing on entire
Urban County program.
We would therefore suggest that the Council set January 16, 1979 for
a public hearing on Community Development Block Grant.
ATTEST:
John D. Fran°, City Clerk
Published in the Eden Prairie News on the day of
q
12.-26-78
CITY OF EDEN PRAIRIE
RP
HENNEPIN COUNTY, MINNESOTA
ORDINANCE. 78-56
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE 135.
THE CITY COUNCIL OP THE CITY OF EDEN PRAIRIE DOES ORDAIN
AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended
as follows:. The following described property, Lot 5, Block 1, Eden
Prairie Center Addition, according to the plat thereof on file and
of record in the Office of the Registrar of Titles, Hennepin County,
Minnesota,
shall be and hereby is removed from the rural District and shall.
be included hereafter in the C-Reg-Ser (Regional Service) District.
Section 2. The above described property shall be subject
to the terms and conditions of that certain Developer's Agreement
dated ,1978, entered into between Barmil Search
Corporation, a Minnesota corporation,
and the City of Eden Prairie, which Agreement is hereby made a
part hereof and shall further be subject to all of the ordinances,
rules and regulations of the City of Eden Prairie relating to the
C-Reg-Ser (Regional Service) District.
Section 3. This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting 9f the City Council of the
City of Eden Prairie on the day of 4978, and finally
read and adopted and ordered published at a regular meeting of the
City Council of said City on the day of ,l978.
Eden Prairie Neighborhood Center
BarMil Search
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
1978 by and between BARMIL SEARCH CORPORATION, a minnesota corporation,
'hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a
municipal corporation hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City for changing the zoning from
Rural to C-Reg-Ser(Regional Service) District for approximately 11.7 acres
for development of land more fully described as follows:
Lot 5, Block 1, Eden Prairie Ceiller Addition, according to
the plat thereof on file and of record in the Office of
the Registrar of Titles, Hennepin County, Minnesota.
WHEREAS, Owner desires to develop the property for 5 commercial/retail
lots.
NOW THEREFORE, in consideration of the Mayor and Council of the City
adopting Ordinance 78-56 changing the zoning from Ruralto C-Reg-Ser(Regional
Service) District , Owner covenants and agrees to construction upon,
development and maintenance of said property as follows:
1. Owner shall conform with all planning, architectural,
engineering, landscaping and fee requirements of all
City ordinances.
2. Owner shall plat and develop the pronerty in conformance
with the material reviewed and approved by the City
Council, dated 10-1-78, and attached hereto as Exhibit A
except as otherwise provided herein.
Agreement-EP Neighborhood Center page 2
• • •
3. Owner shall submit a development plan prior to approval
.of final plat which shall show proposed grading, storm
water drainage areas and direction of flow, preliminary
utility plans, pending area and floodplain high water .
levels for 100 year storm and minimum floor elevations
for all lots. The development plan shall be subject to
approval by the City Engineer.
' 4. Owner shall submit detailed construction and storm sewer plans •
to Riley/Purtatory Creek Watershed District for review and
approval.
Owner shall follow all rules and recormendations of said
Watershed District.
S. Owner shall final plat corners at all street intersections and
cul-de-sac returns having nine (9) foot radii to enable utility
•cbmpanies to install their lines without crossing private -
property.
6. Owner shall not request nor gain approval for a cut in the
median of Schooner Boulevard(Ring Road) so as to permit two
way access of the property thereto.
A right-in/right-out from and to Schooner Boulevard only may
be allowed provided necessary turn lanes are installed by the
Owner in accordance with the City Engineer's approval.
7: Owner shall submit to the City Planning Department for review
and approval a detailed landscaping plan including, but not
limited to; landscaping throughout all parking , areas, screening
of parking and service areas from public roads.
8. Owner shall construct concrete sidewalks, feet wide, 5 inches
deep with let down curbs and gutters in the following locations:
a. along the,(but within City right-of-way) west side of
Franlo Road with right of public use.
b. along the entire northeast boundary of the property
from Franlo Road to US. 169 with right of public use.
within the property boundary abutting the right-of-way of
US 169/212, with right of public use.
d. internal sidewalk systems,
as outlined in red on Exhibit A.
47
Agreement-EP Neighborhood Center
page
3
9. Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
building permit for construction on the property.
Presently, the amount of cash park fee payment applicable to the
property is $1200/acre. The amount to be paid by Owner shall be
increased or decreased to the extent the City ordinances are
amended or supplemented to require a greater or lesser amount as
of the date of the issuance of any building permit for construction
on the property.
All sanitary sewer, watermain and storm sewer facilities
10. concrete curb and gutter and bituminious surfacing, whether
to be public or private,-shall be-designed to-City standards
by a Registered Professional engineer and submitted to the
'City Engineer for approval. The Owner, through his engineer,
shall provide for competent daily inspection of all street
utility construction both public and private. As built
drawings with service and valve ties on reproduceable mylar
and certification of completion and compliance with specifi-
cations shall also be delivered to the city engineer. The
Owner, prior to final plat approval, shall provide a bond or
letter of credit in such form as shall be approved by the
Cit:: and which guarantees completion of construction and pay-
ment of costs thereof in an amount no less than the estimated
costs of construction plus 20% of all street and/or utility
systems to be owned and maintained by the City. The City
shall accept such street and/or utility systemssubject to
recommendations of the City Engineer and subject to receipt
by the City of Owner's warranty, guarantying such systems
against any defect or defects therein for a period of at least
two years, together with a bond or letter of credit in the
amount of 25% of the costs for such systems in such form as
shall be acceptable to and containing such further terms as
shall be required by the City.
11. Owner shall file this Agreement with the Register of Deeds, or
(Registrar of Titles), and supply the City with a copy of this
Agreement with information as to Document Number and date and
time of filing duly certified thereon within 60 days from the
date of this agreement.
12. If Owner fails to proceed in accordance with this Agreement within
24 months of the date hereof and provide proof of filingin accor-
dance with paragraph 11 herein, Owner for itself, its successors,
and assigns shall not oppose rezoning of said property to Rural.
13. Provisions of this Agreementshall be binding upon and enforceable
against Owner, its successors, and assigns of the property herein
described.
Agreement-EP Neighborhood: Center
14. Owner represents and surreeta that It hme iontratt rights under
en option egreement dated June 20, l916:hetooe# itoos and Hosort DivoloPoent Co., * Delemare.corporatiOnithiliolder of the fee title to the property, toe:Orate thofse title In the yropaLty free and clear of *II .mortgegesi ltens or other ermwehrances except restEittient OE tenor&
15. Prior to the dedication, trate*r or torveyanee ofeny reel property or Interest Vomits to the Alitroli preilded tend*
Owner shall deltme t 6 tiot MY an 40$010Caddreoned:te:tha -City by an Attorney, ad in k form sto*ftablo'tn city*. to the condition 0 the tide of anth'itrOgierW;or in lieu of * title opinion, a tide Innutnunn polity insuring the
condition of the prbpetfy 0 . Inman tbriibtbi In the DitY.
16. The condition of the title of any reel prollertyor any interest therein to he de itif.r.d, crannurrnd orcno4004 ea may be provided Wein by peer to city shell ease in City good and marketable title herein, free and dletr of
any 202 tgagess liens* onewebranoes or asnrainenta.
BY:
STATE OF MINNESOTA
Inger K.U1sted, Its Manager
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged
1978 by Wolfgang H. PerzeI, the Mayor and
of the City of Eden Prairie , a municipal
corporation.
before me this day of
Roger K. U1stad7 -00 City Manager
corporation on behalf of the
Notary. Public
BARMIL SEARCH . CORPORATION, nminnesota .
carPor#W0
/Philip/Y. 4rrett,—Tqi
2
BY: ' X lifie
(George Mikan: .lni; Ye-president
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
1978 by Philip Y. Barrett. the President and George L. Mi
of BarMil Search Corporation, on behalf of said corpota0
Notary Publi
day of
n. the
LIE N. JOHNSON
IIQUAt ValA.1111E440U
RAMS EY COlArt
l 190 11, Comm:woo W14% ass & _
tre-Trerspyrnvorwrortsastinva
Agreement-BarMil Search page
IN WITNESS WHEREOF, the parties to this Agreement have causal
these presents to be executed the day and year aforesaid.
CITY Of EDEN PRAIRIE, a municipal
corporation of the State of Minnesota
BY:
Wolfgang H. Penzel , Its Mayor
- `• • • -'-"• • • - • 47- . • .;;;;z! ..••••• IleiatIseritood Conte Ed. Prikto SA3 SqoAchtcs. c'psv...2s.m2 22.0 . 2 Site Pitat \1 , ,...' e• i ,I AI. , 1 1-‘,....?....0 ';.t 1 —4.451'4141 I" . -;>... i D \ 1 ,1:..1.1tntStS WE/OW.01r /..kA T'-....,•,;.;•;...- 7 / ..'..- , f.' trA 0 ' Nt (A ‘• • / / f / ....„„ _..„,..... ,..„, \ m *,... ..".• ‘,.... 'V r.A.---,....\. \ 1 SEARS AUTO CENTER •• r•so'
I 02-
OWNERS
SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
BARMIL SEARCH CORPORATION
AND THE
CITY 0F EDEN PRAIRIE
This Agreement made and entered into as of
1979, by and between Homart Development Co., a Delaware Corporation.
("Homart"), hereinafter referred to as Homart and the City of Eden
Prairie, a Municipal corporation, hereinafter referred to as City.
For and in consideration of, and to induce, City to adopt
Ordinance 78-56 and to change the zoning of property owned by Homart
from Rural to C-Reg-Ser (Regional Service) District, described as
Lot 5, Block 1, Eden Prairie Center Addition .
according to the plat thereof on file and of
record in the office of the Registrar of Titles,
Hennepin County, Minnesota,
("the property"), as more fully described in that certain Developer's
Agreement entered into as of , 1979, by and between
Barmil Search Corporation and City ("Developer's Agreement") Homart
agrees with City as follows:
(a) If Barmil Search fails to proceed in accordance with
the Developer's Agreement within 24 months of the date
hereof and to provide proof of filing as required there-
in, Homart for itself, its successors and assigns shall
not oppose the rezoning of the property to Rural.
(b) This Agreement shall be binding upon the enforceable
against Homart, its successors and the assigns of the
property.
Owners Supplement to Developer's Agree-
ment Between Barmil Search Corporation
and the City of Eden Prairie
.oztrf or EDEN : )1uoi,49
ContoratiaM of the of
"Wolfgang 11,-. Pen
BY*
STATE OF MINNESOTA)
) SS.
COUNTY OP HENNEPIN )
The foregoing instrument was acknowledged hater
8 .1979 by .SIMUOMUS vigor,
NENPPAIRIE of RomartOeVatipMent:go.
on behaif o e corporation.
MtALVILIWAAAA
otaull zitavv.to
OSAVI PUBIC 44p.at5cdA
tiwve4s1N c.umert
CoagiL7103 10145iwi. t am
STATE OF MINNESOTA )
) SS.
COUNTY OF RFNWPFIN )
The foregoing instrument was acknowledged benzene this .
of ,1979, by Wolfgang S. Penzel, the Mayor
Ulstad, the city Manager of the City of Eden Prairie, a HUH
corporation, on behalf of the corporation.
• 103
P410
Member introduced the following reseal:-
,
tion and moved its adoption:
RESOLUTION NO. 79-14
RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE
MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
TO FINANCE A PROJECT THEREUNDER, SECURED BY PAY -
MENTS TO BE RECEIVED PURSUANT TO A LOAN AGREE-
MENT AND A PLEDGE AND ASSIGNMENT OF THE CITY'S
INTEREST IN THE LOAN AGREEMENT AND PAYMENTS
THEREUNDER TO A TRUSTEE, AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the "City"), as follows:
1. It has been proposed that the City issue its Indus-
trial Development Revenue Bonds (CPT Corporation Project), Series
1979 in the principal amount of $1,000,000 (the "Bonds") and loan
the proceeds of the Bonds to CPT Corporation, a Minnesota corpor-
ation (hereinafter, the "Company"), which will use the proceeds
to provide funds to pay a portion of the cost of acquisition, con-
struction and equipping of certain properties comprising a head-
quarters facility including office, manufacturing, traiyiing and
assembling facilities (collectively, the "Project") suitable and
to be used by the Company and to be located in the City. The
Council gave preliminary approval to the proposal by resolution
duly adopted April 18, 1978, and pursuant to that resolution., the
following documents relating to the Project have been submitted
to the Council and are now, or shall be placed, on file in the
office of the City Clerk:
(a) Loan Agreement, dated as of January 1, 1979,
proposed to be made and entered into between the City
and the Company;
(b) Indenture of Trust (hereinafter the "Inden-
ture"), dated as of January 1, 1979, proposed to be made
and entered into between the City and the First Trust
Company of Saint Paul, as trustee (the "Trustee");
(c) Guaranty Agreement, dated as of January 1,
1979, between CPT-DISC, Inc. and CPT International, Inc.,
as Guarantors, and the Trustee;.
(d) Agency Agreement (the "Agency Agreement"), be-
tween the City and Dain, Kalman & 'Nail, Incorporated,
as Agent .(the "Agent");
(e) Representation and Indemnity Agreement (the
"Representation and Indemnity Agreement"), among the
City, the Agent and the Company;
(fl two Subscription Agreements (the "Subscription
Agreements"), one among the City, the Company and North-
western National Life Insurance Company, and the other
among the City, the Company and North Atlantic Life In-
surance Company of America (Northwestern National Life
Insurance Company and North Atlantic Life Insurance
Company,of America are collectively referred to as the
"Original Purchasers"1
2. It is hereby found, determined and declared that:
Cal the City is duly organized and existing under
the Constitution and laws of the State of Minnesota and
is authorized to issue industrial development revenue
bonds in accordance with Minnesota Statutes, Chapter
474, as amended (the Actl;
ani based upon representations made to the City
as to the nature of the Project and the anticipated use
of the proceeds of such Bonds, the properties described
in the Loan Agreement and Indenture referred to in
'Section 1 constitute a project authorized by the Munici-
pal Industrial Development Act, Minnesota Statutes,
Chapter 474, as amended (the "Acel;
teL the purpose of the Project is and the effect there-
of will be to promote the public welfare by the attraction,
encouragement, retention and development of economically
sound industry and commerce so as to prevent, so far as
possible, the emergence of blighted and marginal lands
and areas of chronic unemployment; the development and
retention of industry to use the available resources of
the community in order to retain the benefit of its ex-
isting investment in educational and public service
facilities, by halting the movement of talented, edu-
cated personnel of mature age to other areas and thus
preserving the economic and human resources needed as a
base for providing governmental services and facilities;
more intensive development of land available in the com-
munity to provide an adequate tax base to finance the
increase in the amount and cost of governmental services;
and a better distribution of tax burdens between indus-
trial or commercial properties and residential proper-
ties within the City;
WI the Project has been approved by the Commis-
sioner of Securities of the State of Minnesota as tending
to further the purposes and policies of the Act;
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Jos
(el the financing of a portion of the cost of the
Project, the issuance and sale of the Bonds, the execu-
tion and delivery of the Loan Agreement, the Indenture,
the Agency Agreement, the Representation and Indemnity
Agreement and the Subscription Agreements, and the per-
formance of all covenants and agreements of the City
contained in such documents and of all other acts and
things required under the Constitution and laws of the
State of Minnesota to make such documents and the Bonds
valid and binding obligations of the City in accordance
with their terms, are authorized by the Act;
(f) it is desirable that a series of Industrial
Development Revenue Bonds in the amount of $1,000,000
be issued by the City upon the terms set forth in the
Indenture, under the provisions of which the City's in-
terest in the Loan Agreement and the payments thereunder
will be pledged to the Trustee as security for the pay-
ment of principal and interest on the Bonds;
(g) the loan payments contained in the Loan Agree-
ment are fixed, and required to be revised from time to
time as necessary, so as-to produce income and revenue
sufficient to provide for prompt payment of principal
of and interest on all Bonds issued under the Indenture
when due, and the Loan Agreement also provides that the
Company is required to pay all expenses of the opera-
tion and maintenance of the Project including, but 'with-
out limitation, adequate insurance thereon and all taxes
and special assessments levied upon or with respect to
the Project and payable during the term of the Loan
Agreement;
(h) under the provisions of Minnesota Statutes,
Section 474.10, and as provided in the Loan Agreement
and Indenture, the Bonds are not to be payable from nor
charged upon any funds of the City other than the rev-
enue pledged to the payment thereof; the City is not -
subject to any liability thereon, no holders of the
Bonds shall ever have the right to compel any exercise
of the taxing power of the City to pay any of the Bonds
or the interest thereon, nor to enforce payment thereof
against any property of the City; the Bonds shall not
constitute a charge, lien or encumbrance, legal or equit-
able, upon any property of the City; each Bond issued
under the Indenture shall recite that the Bond, includ-
ing interest thereon, is payable solely from the revenue
pledged to the payment thereof and shall contain a re-
cital that the Bonds are issued pursuant to the Act,
which recital, in accordance with the provisions of Sec-
tion 474.08 of the Act shall be conclusive evidence of their •
validity and of the regularity of their issuance; and no Bond
shall constitute a debt of the City within the meaning
of any constitutional or statutory limitation.
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(il the execution and delivery of the documents .
referred to in Section 1 of this resolution and the
Bonds will not conflict with, or constitute on the part
of the City a breach of, or a default under, any exist-
ing resolution, ordinance, regulation, law or agreement,
indenture, mortgage, lease or other instrument to which
the City is subject or is a party or by which it is
bound;
01 no litigation is pending, or, to the best
knowledge of the members of this Council, threatened,
against the City questioning the organization or bound-
aries of the City or the right of any officer of the
City to hold his or her office, or in any manner ques-
tioning the right and power of the City to execute and
deliver the Bonds, or otherwise questioning the validity
of the Bonds or the execution, delivery or validity of
the documents referred to in Section 1 of this resolu-
tion, or questioning the appropriation of revenues to
payment of the Bonds or the right of the City to loan
the proceeds of the Bonds to the Company; and .
MI all acts and things required under the consti-
tution and laws of the State of Minnesota to make the
Bonds and the documents referred to in Section 1 of
this resolution to which the City is a party the valid
and binding obligations of the City in accordance with
their terms have been done; provided, however, that this
finding is made solely for the purpose of estopping'the
City from denying the validity of the Bonds, or any of
the documents referred to in Section 1 of this resolu-
tion to which the City is a party, by reason of the exis-
tence of any facts contrary to this finding.
3. The documents referred to in Section 1 of this res-
olution are approved. The Mayor and City Manager are hereby auth-
orized and directed in the name and on behalf of the City, to exe-
cute such of the documents referred to in Section 1 of this resoi•
lution to which the City isa party,and such other documents, in-
struments or certificates as are deemed necessary or desirable by
the City Attorney and bond counsel. Copies of all documents shall
be delivered, filed and recorded as provided therein.
4. In anticipation of the collection of payments under
the Loan Agreement, the City shall proceed forthwith to issue its
Industrial Development Revenue Bonds (CPT Corporation Project) Ser-
ies 1979, dated as of the date of delivery thereof to the Original
Purchasers, in the principal amount of $1,000,000, in the form and
upon the terms set forth in the Indenture, which terms are for
this purpose incorporated in this resolution and made a part here-
of. The Series 1979 Bonds are the only bonds of the City auth-
orized and to be issued for financing costs of the Project.
The proposals of the Original Purchasers to purchase such Bondi
at a price of par, upon the terms and conditions set forth in the
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Subscription Agreements are hereby found and determined to be rea-
sonable and are hereby accepted. The Mayor and City Manager are
authorized and directed to prepare and execute the Bonds as pre-
scribed in the Indenture and to deliver them to the Trustee, to-
gether with a certified copy of this resolution and other docu-
ments required by the Indenture, for authentication and delivery
to the Original Purchasers.
S. The Mayor and City Manager and other officers of
the City are authorized and directed to prepare and furnish to the
Original Purchasers of the Bonds, when issued, certified copies
of all proceedings and records of the City relating to the Bonds,
and such other affidavits and certificates an may be required to
show facts relating to the legality and marketability of the Bonds
as such facts appear from the books and records in the officers'
custody and control or as otherwise known to them; and all such
certified copies, certificates and affidavits, including any here -
tofore furnished, shall constitute representations of the City as
to the truth of all statements contained therein.
6. The approval hereby given to the Arai-Long documents
referred to above includes an approval of such additiOnal details
therein as may be necessary and appropriate and auoh modifications
thereto, deletions therefrom and additinnn thereto as may be nec-
essary and appropriate, and are approved by the City Attorney prior
to the execution of the documents- The execution of any instru-
ment by the appropriate officer or officers of the City herein
authorized shall be conclusive evidence of the approval of such
documents in accordance with the terms hereof. In the abaenoe or
disability of the Mayor, any of the documents euthorized by this
resolution to be executed, shall be executed by the acting Meyer ,
and in the absence of the City Manager, by suOh officer of the
City who, in the opinion of the City Attorney, may execute such
documents.
Mayor
Attest:
City Ctiik
iol
Member introduced the following and
moved its adoption:
Resolution No. .21z
RESOLUTION AUTHORIZING THE SALE AND ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER
THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT TO FINANCE A PROJECT THEREUNDER, SECURED
BY PAYMENTS TO BE RECEIVED PURSUANT TO A LOAN
AGREEMENT AND A PLEDGE AND ASSIGNMENT OF THE
CITY'S INTEREST IN THE LOAN AGREEMENT AND
PAYMENTS THEREUNDER TO A TRUSTEE, AND
AUTHORIZING THE EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of
Eden Prairie, Minnesota (the City), as follows:
1. It has been proposed that the City issue its
Industrial Development Revenue Bonds (Super Valu Stores, /nu.
Project), Series 1979 (the Bonds), in the principal amount of
81,000,000, and loan the proceeds of the Bonds to Super Valu
Stores, Inc., a Delaware corporation (the Company), which will
use the proceeds to provide funds to pay a portion of the cost
of acquisition, construction and equipping of certain properties
to be used by the Company for the Company's executive office
building (the Project) located in the City. The Council gave
approval to the proposal by Resolution No. 78-76, and pursuant
to that resolution, the following documents relating to the
Project have been submitted to the Council and are now, or shall
be placed, on file in the office of the City Clerk:
(a) Loan Agreement, dated as of January 1, 1979,
proposed to be made and entered into between the City and the
Company;
(b) Indenture of Trust (the Indenture), dated as of
January 1, 1979, proposed to be made and entered into between
the City and the Northwestern National Bank of Minneapolis, as
trustee (the Trustee); and
(c) Underwriting Agreement, among the City, the
Company and Goldman, Sachs & Co. (the Original Purchaser).
2. It is hereby found, determined and declared that:
(a) the City is duly organized and existing under the
Constitution and laws of the State of Minnesota and is autherized
to. issue industrial development revenue bonds in accordance with
Minnesota Statutes, Chapter 474, as amended (the Act);
(b) based upon representations made to the-City as -
to the nature of the Project and the anticipated use of the
proceeds of such Bonds, the properties described in the Loan
109
Agreement and the Indenture referred to in paragraph 1 constitute
a project authorized by the Municipal Industrial Development
Act, Minnesota Statutes, Chapter 474, as amended (the "Act");
(c) the purpose of the Project, as defined in the
Loan Agreement and Indenture, is and the effect thereof will
be to promote the public welfare by the attraction, encourage-
ment, retention and development of economically sound industry
.and commerce; the development and retention of industry to
use the available resources of the community in order to retain
the benefit of its existing investment in educational and pub-
lic service facilities, by halting the movement of talented,
educated personnel of mature age to other areas and thus pre-
serving the economic and human resources needed as a base for
providing governmental services and facilities; more intensive
development of land available in the community to provide an
adequate tax base to finance the increase in the amount and
cost of governmental services; and a better distribution of
tax burdens between industrial or commercial properties and
residential properties within the City;
(d) by letter dated June 15, 1978, the Commissioner
of Securities of the State of Minnesota has approved the Project
as required by Section 474.01, Subdivision 7 of the Act;
(e) the financing of the Project, the issuance and
sale of the Bonds, the execution and delivery of the Loan
Agreement, the Underwriting Agreement and the Indenture, and
the performance of all covenants and agreements of the City
contained in the Loan Agreement, the Underwriting Agreement
and Indenture, and the performance of all other acts and things
required under the Constitution and laws of the State of
Minnesota to make the Loan Agreement, the Underwriting
Agreement, the Indenture and the Bonds valid and binding
obligations of the City in accordance with their terms, are
• authorized by the Act;
(f) it is desirable that a series of Industrial
Development Revenue Bonds in the principal amount of $1,000,000
be issued by the City upon the terms set forth in the Indenture,
under the provisions of which the City's interest in the Loan
Agreement and the payments thereunder will be pledged to the
Trustee as security for the payment of principal and interest on
the Bonds;
(g) the loan payments contained in the Loan Agreement
are fixed, and required to be revised from time to time as
necessary, so as to produce income and revenue sufficient to
provide for prompt payment of principal of and interest on all
Bonds issued under the Indenture when due, and the Loan Agreement
also provides that the Company is required to pay all expenses of
the operation and maintenance of the Project including, but
without limitation, adequate insurance thereon and all taxes and
special assessments levied upon or with respect to the Project
and payable during the term of the Loan Agreement;
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(h) under the provisions of Minnesota Statutes,
Section 474.10, and as provided in the Loan Agreement and
Indenture, the Bonds are not to be payable from nor charged
upon any funds of the City other than the revenue pledged to the
payment thereof; the City is not subject to any liability thereon,
no holders of the Bonds shall ever have the right to compel
any exercise of the taxing power of the City to pay any of the
Bonds or the interest thereon, nor to enforce payment thereof
against any property of the City; the Bonds shall not constitute
A charge, lien or encumbrance, legal or equitable, upon any
property of the City; each Bond issued under the Indenture
shall recite that the Bond, including interest thereon, is
payable solely from the revenue pledged to the payment thereof;
no Bond shall constitute a debt of the City within the meaning
of any constitutional or statutory limitation;
(i) the execution and delivery of the Loan Agreement,
the Indenture, the Underwriting Agreement and the Bonds will
not conflict with, or constitute on the part of the City a
breach of, or a default under, any existing agreement, indenture,
mortgage, lease or other instrument to which the City is
subject or is a party or by which it is bound;
(j) no litigation is pending, or, to the best knowledge
of the members of this Council, threatened, against the City
questioning the organization or boundaries of the City or the
right of any officer of the City to hold his or her office,
or in any manner questioning the right and power of the City to
execute and deliver the Bonds, or otherwise questioning the
validity of the Bonds or the execution, delivery or validity
of the Loan Agreement, the Indenture or the Underwriting
Agreement, or questioning the appropriation of revenues to
payment of the Bonds or the right of the City to loan the
proceeds of the Bonds to the Company; and
(k) all acts and things required under the constitution
. and laws of the State of Minnesota to make the Bonds, the Loan
Agreement, the Indenture and the Underwriting Agreement the valid
and binding obligations of the City in accordance with their terms
have been done; provided, however, that this finding is made
solely for the purpose of estopping the City from denying the
validity of the Bonds, the Loan Agreement, the Indenture or
the Underwriting Agreement by reason of the existence of any
facts contrary to this finding.
3. The Loan Agreement, Indenture and Underwriting
Agreement are approved. The Mayor and City Manager are hereby
authorized and directed in the name and on behalf of the City,
to execute the Loan Agreement, Indenture and Underwriting Agreement,
and such other documents, instruments or certificates as
are deemed necessary or desirable by the City Attorney and
bond counsel. Copies of all documents shall be delivered,
filed and recorded as provided therein.
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II I
4. In anticipation of the collection of payments under
the Loan Agreement, the City shall proceed forthwith to issue its
Bonds, denominated Industrial Development Revenue Bonds (Super Valu Stores, Inc. Project), Series 1979, dated as of January 1,
1979, in the principal amount of $1,000,000, in the form and
the terms set forth in the Indenture, which terms are for this
purpose incorporated in this resolution and made a part hereof.
The proposal of the Original Purchaser to purchase the Bonds at a
price of par plus accrued interest, upon the terms and conditions
set forth in the Underwriting Agreement is hereby found and
determined to be reasonable and is hereby accepted. The Mayor,
City Clerk and City Manager are authorized and directed to
prepare and execute the Bonds as prescribed in the Indenture
and to deliver them to the Trustee, together with a certified
copy of this resolution and other documents required by the
Indenture, for authentication and delivery to the Original
Purchaser. Pursuant to Minnesota Statutes, Section 475.55, Subdivision 1, the Trustee is hereby designated authenticating
agent for the Bonds.
5. The Mayor, City Clerk and City Manager and other officers of the City are authorized and directed to prepare
and furnish to the Original Purchaser of the Bond*, when issued,
certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates
is may be required to show facts relating to the legality and
marketability of the Bonds as such facts appear from the books
and records in the officers' custody and control or as otherwise
known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute
representations of the City as to the truth of all statements
contained therein.
6. The approval hereby given to the various documents
referred to above includes an approval of such additional de-
tails therein as may be necessary and appropriate and such modi-
fications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and are approved by the City
Attorney prior to the execution of the documents. The execution
of any instrument by the appropriate officer or officers of the
City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof.
In the absence or disability of the Mayor, any of the documents
authorized by this resolution to be executed, shall be
executed by the acting Mayor, and in the absence of the City
Manager or City Clerk, by such officer or officers of the
City who, in the opinion of the City Attorney, may execute
such documents.
Mayor
Attest:
City Clerk
RESOLUTION OF THE CITY OF EDEN PRAIRIE
PROVIDING FOR THE ISSUANCE AND MAKING or A COMMERCIAL
DEVELOPMENT REVENUE NOTE PURSUANT TO CHAPTER 474,
MINNESOTA STATUTES, THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT, TO PROVIDE FUNDS TO BE RELOANED TO KENSINGTON
INVESTMENTS, INC., A MINNESOTA CORPORATION, AND
NEIL A. BRASTAD, FOR A PROJECT AS DEFINED IN
MINNESOTA STATUTES, SECTION 474.02, SUBDIVISION la.
AND APPROVING LOAN AGREEMENT, CONSTRUCTION LOAN AGREEMENT,
MORTGAGE AND SECURITY AGREEMENT, GUARANTEE AGREEMENT,
ASSIGNMENT OF RENTS AND LEASES, AND BUY-SELL AGREEMENT.
RESOLVED, BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
1. Statutory Powers. Pursuant to Chapter 474, Minne-
sota Statutes, as amended, ("Act"), the City is authorized
to issue, sell, and Make its revenue bond's ("CoMmerdial
Development Revenue Note"), in anticipation of the col-
lection of revenues for authorized projects, to finance in
whole or in part, the cost of construction of authorized
projects and to enter into such contracts and agreements
which it may deem proper and feasible for or concerning the
construction and financing of an authorized project.
2. Issuance of Commercial Development Revenue Note.
The City shall issue, sell and make a Commercial Development
Revenue Note, Series 1979 (Kensington Investments., Inc. and
Neil A. Brasted, Project) substantially in the form set
.forth in Exhibit "A" attached hereto and made a part hereof
("Note"), pursuant to the Act and shall reloan the proceeds
of the Note to Kensington Investments, 'Inc., a Minnesota
corporation, and Neil A. Brasted (hereinafter collectively
referred to as "Borrower"), to pay the cost of construction
and installation of an automotive parts office, manufacturing
and warehouse facility on the real property described in
Exhibit "B" attached hereto and made a part hereof (said
improvements and real property are hereinafter referred to
as the "Project").
3. Purposes and Findings. The City Council hereby
finds and states that:
(a) The Project will promote, attract, encourage
and develop economically sound industry and
commerce, will help to prevent the emergence
of blighted and marginal lands and areas of
chronic unemployment, will assist in pre-
venting economic deterioration of the area,
will further put to use available resources
in the community including the existing
investment of the community in educational
and publicService facilities, will help stop
-the movement of talented, educated personnel
of mature age to other areas, and will result
in an increase to the tax base of the City,
County and School District in which the
Project is located.
(b) The Commissioner of Securities for the State
of Minnesota has given his approval to the
Project by letter dated September 25, 1978,
to Mayor Penzel.
(c) The issuance, making and sale of the Note,
the execution and delivery of the collateral
documents as described in Paragraph 4 below .-•.
which the City is a party. to and all other
acts of the City of Eden Prairie in connec-
tion therewith to make said documents valid
and binding obligations of the City of Eden
Prairie in accordance with their respective
terms are authorized by the Act.
(d) Under the terms of the Note and the collat-
eral documents described in Paragraph 4 below
and as provided in Minnesota Statutes 5474.10,
the Note shall not be payable from nor charged
upon any funds other than the sums payable by
the Borrower pursuant to the Loan Agreement
which are pledged to the payment thereof and
the City is not subject to any liability
thereon. No holder or holders of the Note
shall ever have the right to compel any
exercise of the taxing power of the City to
pay the Note or the interest thereon, nor to
enforce payment thereof against any property
of the City. The Note shall not constitute a
charge, lien or encumbrance, legal or equit-
able,upon any property of the City. The Note shal) recite in substance that the Note,
including interest thereon, is payable solely
from the revenue of the Loan Agreement pledged
to the payment thereof. The Note shall
further recite that it shall not constitute a
debt of the City within the meaning of any
constitutional or statutory limitation.
11q
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4. Collateral Documents. The following proposed
documents relative to the Note and the Project have been
submitted to the City:
(a) Loan Agreement between the City and Borrower,
a copy of which is attached hereto as Exhibit
"C" and made a part hereof, whereby the City
.agrees to reloan the proceeds of the Note to
the Borrower;
(b) Mortgage and Security Agreement, a copy of
which is attached hereto as Exhibit "D" and
made a part hereof, whereby the Borrower
grants to First National Bank of Minneapolis
a mortgage lien on the Project as security
for the Note;
(c) Assignment of Rents and Leases, a copy.of
which is attached hereto as Exhibit "E" and
made a part hereof, whereby the Borrower
assigns all of the rents and leases from all
or any part of the Project as additional
security for the Note;
(d) Construction Loan Agreement, a copy of which
is attached hereto as Exhibit "F" and made a
part hereof, betweer Borrower, First National
Bank of Minneapolis and the City which sets
forth the terms of disbursing the proceeds of
the Note;
(e) Guaranty Agreement by Thomas W. Noble to
First National Bank of Minneapolis, a copy of
which is attached hereto as Exhibit "G° and
made a part hereof, whereby Thomas W. Noble
guarantees to First National Bank of Minne-
apolis, among other things, that the Borrower
shall fully and punctually pay, as and when
due, the indebtedness evidenced by the Note
and Borrower's full and punctual compliance
with all of the terms, covenants, and condi-
tions of the Loan Agreement, Mortgage and
Security Agreement, and Assignment of Rents
and Leases and all other documents defined in
the Loan Agreement;
(f) Buy-Sell Agreement between First National
Bank of Minneapolis, Borrower and Northwestern
National Life Insurance Company, a copy of
which is attached hereto as Exhibit "H" and
made a part hereof, whereby Northwestern
115
National Life Insurance Company agrees to
purchase the Note upon completion of the
Project;
(g) Subordination Agreement, a copy of which is
attached hereto as Exhibit "I" and made a
. part hereof, whereby Herleiv Belle and Borghild
Belle subordinate all of their interest in
the Project to the Mortgage and Security
Agreement and the Assignment of Rents and
Leases.
All of which documents are sometimes referred to herein as
the "Collateral Documents".
The Mortgage and Security Agreement, Assignment of
Rents and Leases, Buy-Sell Agreement and Guaranty Agreement
by Thomas W. Noble are not to be executed by the City of
Eden Prairie. The form of the Note and the Collateral
Documents attached hereto are hereby approved. The City
shall execute the Note, Loan Agreement and Construction Loan
Agreement, all of which shall be executed in the name of and
on behalf of the City by the Mayor and City Clerk, but the
Loan Agreement and Construction Loan Agreement only upon
execution thereof by the Borrower. The Note, Loan Agreement
and Construction Loan Agreement shall be substantially in
the form attached hereto, with all such changes therein, not
inconsistent with the Act or other law, as may be approved
by the officers executing same on behalf of the City, which
approval shall be conclusively evidenced by their execution
thereof. Copies of the Note and the Collateral Documents
shall be delivered and filed or recorded as may be required.
Collateral Documents which do not require execution by the
City may be revised as approved by the Borrower.
5. Assignment of Loan Agreement. The City shall
assign its rights under the Loan Agreement to First National
Bank of Minneapolis, and does hereby consent to the reas-
signment of such rights by First National Bank of Minne-
apolis to Northwestern Natiohal Life Insurance Company or to
any subsequent holder of the Note. However, such assignment
and consent shall not operate to limit or otherwise affect
the following covenants running to the City from Borrower
contained within said Loan Agreement: Sections 2.02; 4.02;
4.04; 4.05; 4.07; 4.08; 4.09; and 7.06. The assignment of
the Loan Agreement shall also be executed in the name of and
on behalf of the City by the Mayor and City Clerk in sub-
stantially the form attached hereto as Exhibit "I", with all
such changes as may be approved by the officers executing
same, which are not inconsistent with the Act or other laws,
which approval shall be conclusively evidenced by their
execution thereof.
Ii t -4-
6. Disbursement. First National Bank of Minneapolis
is hereby authorized and directed to disburse the proceeds
of the Note directly to Borrower and such other parties as
may be entitled to payment for Project costs as defined in
the Loan Agreement, upon receipt of such supporting docu-
mentation and compliance with such conditions and require-
ments as First National Bank of Minneapolis may deem reason-
ably necessary. All such sums disbursed directly to or for
the benefit of Borrower pursuant to the Loan Agreement and
Construction Loan Agreement shall constitute sums disbursed
pursuant to the Note, shall constitute part of the indebted-
ness evidenced thereby, and shall be deemed advanced to or
for the benefit of the City.
7. Execution of the Note. The City shall issue and
make its Commercial Development Revenue Note, Series 1978
(Kensington Investments, Inc. and Neil A. Brasted, Project),
to be dated the date of delivery, in the principal amount of
One Million Dollars (81,000,000.00) substantially in the
form attached hereto as Exhibit "A". The Note shall be
executed by the Mayor and the City Clerk and the official
seal of the City shall be affixed thereto.- When executed
the Note shall be delivered to First National Bank of Min-
neapolis, but only upon receipt of the signed legal opinion
of Thompson, Nielsen, Klaverkamp & James, P.A., as to the
validity and enforceability of the Note, Loan Agreement, and
Construction Loan Agreement and that the City has no pecuniary
liability thereon and upon receipt by the City of original
counterparts of all Documents to which it is a party. The
Note shall contain a recital that it is issued pursuant to
the Act, and such recital shall be conclusive evidence of .
the validity and regularity of the issuance.
8. Amendment of Bond Resolution. Without the prior
written consent of First National Bank of Minneapolis,
Northwestern National Life Insurance Company and the Bor-
rower, City shall not change, modify, alter, or terminate
this Resolution.
9. Certified Copies. The Mayor and City Clerk and
other City officers are authorized and directed to prepare
and furnish First National Bank of Minneapolis, Northwestern
National Life Insurance Company, Borrower and any subsequent
holder of the Note, certified copies of all City proceedings
and records relative to the Note and such affidavits or
certificates as may be required to show the facts appearing
from the City records, and all such certified copies, certi-
ficates and affidavits, including any previously furnished,
shall constitute representations of the City as to the truth
and accuracy of all statements contained therein.
In -5-
•
20. Registration. Upon written request from the
holder of the Note, the City Clerk, an Bond Register, shall
provide for the registration of transfer or exchange of the
Note. In the event of registration, principal and interest
due on the Note shall be payable to the registered holder or
assigns thereof.
• 11. 'City Expense. All costs and expenses Incurred by
or on behalf of the City in connection with issuing and
making the Note shall be the e010 obligation and responsi-
bility Of the Borrower, including but not limited to legal
Lees.
IGNATURB APPROVUOI
ATPEST:
tity clef*
TO: Mayor and Council
THRU: Roger Ulstad
FROM: John Frane
DATE: 'January 12, 1979
RE: Request for MIDB approval for Eden Hills Company - $1,600,000.
The Eden Hills, a partnership consisting of Mr. William J. Bartolic,
Mr. Gary E. Nordness. Mr. Howard L. Rekstad, Mr. Kenneth J. Bureau.
and Mr. E. Ted Yoch, have applied to the city for preliminary approval
for $1,600,000 in I. R. Bonds to be issued in the form of a mortgage.
They propose to build on 86,532 square feet office/warehouse facility on
7 acres at the south end of puller Road. The property is zoned
I-General which is proper for the use intended. We have personal
financial statements from the partners which indicate a substantial
net worth including interests in siarlliar type projects.
Resolution #79-19 is attached for your consideration.
- 8
.....,a."%g ri p l _ IllrE, a : F.
'ficuall: 4,1111110 Id
mP5m1, niiiiMiiisid. inglik-471,......:1
t suiiiiim gm EN et 2 ___ mankfir, El talori. uer
IWNITI,
ig OA nil I al I givr.,#.4 A
P UB
TO: All Applicants .
FROM: City of Eden Prairie, Minnesota
RE: Industrial Development Revenue Bonds
All applicants for Industrial Development Revenue Sends must
submit the following material in duplicate to the City Clerk.
.1. The attached: application emvested in total.
2. A letter from the apirlicant agreeing to pay all the City's
costs incurred with respect to this application and/or
the issuance of bonds pursuant thereto, whether or not
bonds are issued.
3. Proposed resolution giving preliminary approval to the
project, approved as to foto by the-City'AttorneY.
4. Proposed application to Coemissioner of Securities alone
with a proposed statement of the purpose of the project.
5. letter from purchaser of bonds or note feither underwriter
or private placement purchaser) representing to the City
that it has evaluated the financial ability of the
applicant and it is of the opiniorethat the applicant
has the financial and manageoent capability to fulfill
the obligations to be imposed by the proposed transectioo.
6. Letter from :toed attorney that he is prepared to grant a
fuvorehle prelieinary opinion relating to the qualification
of the project under the Minnesota Munieipal Industrial
Developeent Art, Minnesota Statutes, Chapter 474 as
amended.
7. All documents east be presented to the City Attorney at
lceet two weels bef:.re the council reetine at which
approval is rxVeSkr^d end presented to the city Clerk at
least one week prior to that date.
eeplicNnts are advir,.; teat the oeerative doze: .nts of the heed
traesaction ;nest include the following:
1. A statement from the underwriter holding the City, its
officials and employees, harmless of any error, misstatement
or omission in any official statement.
2. Applicant shall ie3emnify the City, its officers and employees
from all liability, darNees or costs incurred in connection
with the ite-eakeee of the bonds. •
3. The opinion of bes.d counsel shall include a reezesent-
ation that no seeistretion is required uneer the 3933
Securities Act, the 1924 St•ClnitiPS Fnchenee Act,
the 1939 Trust Tralentere Act, or Any Blue Sky LW.
or if such reeistretien or qualification is seevi2ed that
it Las teen dune in full compliance with the tefemn4red art.
ngsa
4. The opinion of bond counsel must approve as correctly
stated, without material omission, any characterizatio
n
of the legal proceedings contained in the official
statement.
5. The ooinions of bond counsel and applicant's counsel
s
h
a
l
l
be addressed to include the City.
6. In the case of a private placement, the purchaser must
warrant that no public sale or offer of the bonds or
notes will be made.
The City will rake only the following representations,
warranties and covenants in the operative documents to
t
h
e
bond transactions
a. The City will covenant that it will cause prompt
payment of principle and interest on the bonds
to be rade solely from the source specified in
the bond transaction (i.e. Loan Flreament).
b. The City will covenant that it will faithfully
perform all covenants contained in the operative
documents and that it is duly authorized pursuant
to the Constitution and laws of . the State to
participate in the bond transaction.
c. The City will covenant that it will execute such
instruments of further assurance as a proposed
trustee may reasonably require for the better
assuring, transferring, conveying, pledeing,
assigning, and confirming to the trustee the
rights assigned in any of the operative documenta.
d. The lity will represent that the project has been
approved by the Commissioner of Securities of
the State of Minnesota.
e. The City will represent that the issuance of the
bonds and the performance of the agreements .
pursuant thereto have been duly ,authorized by
the City.
f. The City will tepresent that to finance the cest
or pert of the cost of the project, the City
prc,‹,cs to irs .ze its bends as 1.s.videcl for in
the c.perative documents to the transaction.
The applicant is responsible for submission of all nece
e
s
a
r
y
documents to the State Commissioner of Securities for his approval.
if a public offering of the bonds is contemp)ated, the
underwriter oust submit the additional follevinaiaferration:
1. The underwriter must warrant and represent to the City
that it has examined the financial condition of tbe
applicant and that there will exist a 'Ainimum ccA,”rage".
of 2X the principle and interest due earned annually
the previous year before taxes. for vxaeple, a $1,l00,
0
0
0
issue requires appreximately 5125,040 in anneal prieciple
and interest 1.,aymt,nts. Therefore, $250,000 must have been
earned before taxes by the mynpany the previous year.
2. The underwriter must warrant and represent that the •
am:41cent possesses a demonstrated record of yearly
inns-eases In earnings prior to taxes.
3. The underwriter meet rrant and represent to the City
• that the appreised wan, of any tmi/ding %/hit% Sc part
of the project, based on fair market rental value, is
equal to or exceeds the total amount of bands end
interest due.
CITI OF EDEN PRAIRIE, amrsom
Application for
Industrial Developmmnt Bond Project Financing
1. Applicant:
a. Business same - ampany
b. Business Address - 2432 Prior Avanue North
Roseville, Minnesota 55113
C. Business Form tcorporation partnership, sole proprietorship,
etc./ -*Limited Partnership
;
d. State of Incorporation or oTganization - Nft nesota
e. Authorized Representative - &Meth J. Bureau/My
f. Phone - 636-8050 .
2. NAME(S) AND ADDRFSSES OP MAJOR STOCANOLDERS OR PRINCIPALS:
E. Ted Yoch
Kenneth 3. Bureau
William 3. Bartolic
- Howard L. Rekstad
Gary E. Nordness
AAA"
I. SIVE BRIEF DESCEIY130X OF EXTURE OP POSILESS, PRINC1Fr.L 1 ,4`70iTS, ETC:
Real Estate Development
C. CFAFTIOM OF I.FO:ECT
a. Location and intended use: Fuller Road. 7.0228 acres of land,
86,02 square foot building.
b. Present Ownership of project site:
Andrei Justus
c. Names and address of architect, enginier, and aeneral
contractor: Architect: Douglas AL 14,12, 1002 Excelsior Ave. W.,
Hopkins, NN 55343
S. ESTIMATED PROJECT COST /OR:
Land
Puilding
Eguipvcnt
Other
Total
_1,400,000 - - - —
$ 1,770,500
(4. cont.) General Contractor: Bartolic Construction, 2432 Prior Ave. N.
ROseville,NN5L13.
Engineers: Foehringer Engineering Electriesl. • i
Pischer-EngineerinA14asonry.
it t4 E •
City of Eden Prairie. Minnesota
Applicstion for Ino.ustrial Development
Bond P:rdoct Financing..
Page Two
S. BOND ISSUE -
a. Amount of proposed bond issue 7 $1,600,000
b. 'Proposed date of sale of bond - Nardi I, 1979
c. Length of bond issue and proposed maturities - 25 years
d. Proposed original purchaser of bonds - Institutional purchaser .
Nana and address of suggested trustee - InatitatIonuould act as e.
its DAM trustee.
.f. Copy of any agreement between applicant end original purchaser - I
Cannot be obtained until prelimitart resolution is received by Iri
g. Describe Any ,interia financing sought or available
Cannot be -Obta until penmen levier cannitts.
b. Describe nature and amount of anikgrasent financing
in addition to bond financing -
7. BUSINESS PROFILE -
a. Axe you located in the City of Eden Prairie? No
b. NuMber of employees in Eden Prairie?
i. ?afore this project? - 0 -
ii. After this recject? 60.
c. Approx;:ate annual sales -
d
d. Length of time in business 12 years
in Eden Prairie - 0 -
e. no you have plants in other 2ocationenUS If so. she/e 7 Roseville,:
I. Are you engaged in international trade? No
8 . MBES AND ADDRES1ES DP:
a. Underwriter - Juran &Moody, inc. - Res
Randy S. Nelson
Roger K. Winges
114 EL 7th St.
St. Paul, la 55101
Jr)
City of Edon Prairie. ninnesota
Application (el Industrial Development
Bond Project Financing .
Page Three
i. Ras oreliminary financial analysis by underwriter
regulred by City policy been completed and attached
to this application? Final appraisal work.tobe.completed _
ii.IslInuervrater .s ienieWaritent to commit attached institutipnal er
to this application? Letter is unobtan'table until resolutioa
is passed.
WO= that application is incomplete
if either of the above is missing)
Bond Counsel Dorsey, Windhors'c, Hannaford, Whitney & Ha1Lsday
John Kirby, 1468 W. First National Bank Building, St. Paul, IN 55101
c. Corporate Counsel - Howard Stacker
Northern Federal Building, St. Paul, MN 55101,
d. Accountant - Baskins & Sells
1360 Nortliqestern National Bank Building
St. Paul, tia 55101
9. WHAT IS YOUR TARGET DATE TOR:
a. Construction start - HIT& 1, 1979
b. Construction completion - Deceraber .1, 1979
itt The undersigned applicant understands that the appreval of diee/precal
by the City of Eden Prairie for industrial Develop-tent toed Financing
does not expressry or inpliedly constitute any approval,. variance, or
waiver of any provision or regeireeent relating to any toning, building.
or other rule or ordinance or the City of Fawn Prairie, or any Other
lee applicable to the property included in this prOect.
FOX FURTHER IIIPCSMAT105. CONTACT'
11. Easing - to be covisted by the city planning akpart....nt.
a. Property is coned -
b. PrefInt reningaZ iis net) correct for the intended use.
b.
!ftLM4 fiV__ c. Peeing epplication received on
uhich is cratect for the intended user.
d. Variances required- HMV.. taaregEP
RESOLUTION NO.
RESOLUTION RELATING TO A PROJECT UNDER THE
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; GIVING
PRELIMINARY APPROVAL TO THE PROJECT; REFERRING
THE PROPOSAL TO THE COMMISSIONER OF SECURITIES
' FOR APPROVAL; AND AUTHORIZING EXECUTION OF A
MEMORANDUM OF AGREEMENT AND PREPARATION OF
NECESSARY DOCUMENTS
BE IT RESOLVED by the City Council of the City of
Eden Prairie, Minnesota (the City) as follows;
1.1 The welfare of the State of Minnesota requires
active promotion, attraction, encouragement and development of
economically sound industry and commerce through governmental
acts; the development of industry to use 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.
1.2 Eden Hills Company, a Minnesota partnership (the
Company) is considering acquisition of approximately 7 acres of
land within the City and construction and equipping thereon of
an 86,532 square foot office and warehouse facility (all such
property hereinafter referred to as the Project), to be leased
by the Company to various business enterprises.
1.3 The existence of the Project would add to the
tax base of the City, Hennepin County and the school district
in which the City is located and would provide increased oppor-
tunities for employment for residents of the City and surrounding
area.
1.4 This Council has been advised by a representative
of the Company that with the aid of municipal borrowing, and
its resulting low borrowing cost, the economic feasibility of
undertaking the Project is significantly improved.
1.5 This Council has also been advised by a repre-
sentative of Juran & Moody, Inc., of St. Paul, Minnesota, invest-
ment bankers and dealers in municipal bonds, that on the basis
of information submitted to them and their discussions with
representatives of the Company and potential buyers of tax-exempt
obligations, one or more mortgage revenue notes of the City could
be issued and sold upon favorable rates and terms to finance the
Project.
1.6. The City is authorized by Minnesota Statutes,
Chapter 474, as amended (the Act), to issue its revenue bonds
or notes to finance capital projects consisting of properties
used and useful in connection with a revenue-producing enter-
prise, such as that of the Company, and the issuance of such
notes by the City would be a substantial inducement to the Company
to construct the Project.
2. On the basis of information given the City to
date, it appears that it would be in the best interest of the
City to issue one or more mortgage revenue notes under the pro- .
visions of the Act to finance the cost of the Project which is
presently estimated to be approximately $1,600,000.
3. The Project is hereby given preliminary approval
by the City and the issuance of notes for such purpose and in
an amount up to $1,600,000 approved, subject to the approval of
the Project by the Commissioner of Securities and to the mutual
agreement of this Council, the Company and the initial purchasers
of the notes as to the details of the notes and provisions for
their payment. 71n all events, it is understood, however, that
the notes of the City shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the City
except the Project, and any note, when, as and if issued, shall
recite in substance that the note, including interest thereon,
is payable solely from the revenues received from the Project and
property pledged to the payment thereof, and shall not constitute
a debt of the City. The adoption of this Resolution does
not constitute a guarantee or .a firm commitment that the
City will issue the notes as requested by the Company. The
City retains the right in its sole discretion to withdraw
from participation, and accordingly not issue the notes,
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 notes or should the parties to the transaction
be unable to reach agreement as to the terms and conditiams .z.
of any documents required for the transaction.
4. The form of Memorandum of Agreement relating to
the issuance of the notes to finance the cost of the Project is
hereby approved and the Mayor and City Clerk are hereby authorized
and directed to execute the Memorandum of Agreement on behalf of
the City.
5. In accordance with Section 474.01, Subdivision 7
of the Act, the Mayor is hereby authorized and directed to sub-
mit an Application for the Project to the Commissioner of Secu-
rities for his approval of the Project. The Mayor,' City Clerk,
City Attorney and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with any pre4
liminary information be may need for this purpose, and the City
Attorney is authorized to initiate and assist in the preparation
of such documents as may be appropriate to the Proieot, if it is
approved by the Commissioner.
Attest:
City Clerk --
TO: Mayor and Council
THRO: Roger Olstad
FROM:. John Franc
DATE: January 12, 1179
RE: 144.0.8.'s for NenardS 000,000
Renard Inc. is asking for City appruv 1 for Industrial Revenue Bond
financing of their Eden Prairie. facility. The bonds Or siortrage
will be placed with a single purchaker, ATT . doctsnentation required
of Mehards has net been retiliVed as of today, however the City
cciuld adopt a resolutiOn -nontingent:dpOn riktiellt:tif the additional
required 'documents.. Resolution 19-20 is .wttaufted for your consideratio
RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT; GIVING PRELIMINARY APPROVAL
TO THE PROJECT; REFERRING THE PROPOSAL TO THE COMMISSIONER
OF SECURITIES FOR APPROVAL; AND AUTHORIZING EXECUTION
OF A PRELIMINARY AGREFMENT AND PREPARATION OF NECESSARY
DOCUMENTS
BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota (the "City"), as follows:
Section 1. Policy and Purpose.
1.01. The welfare of the residents of the State of Minnesota
requires active promotion, attraction, encouragement and development of
economically sound industry and commerce through governmental acts; the
encouragement of employment opportunities for citizens of the State; the
development of industry to use available resources'of the State 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 metropolitan areas to provide an adequate tax base to
finance the increase in the amount and cost of governmental services
required to be provided by the State and its local government units,
including the City, Hennepin County and the School District in which the
City is located.
1.02. For the purposes specified in paragraph 1.01 the City is
authorized by the Municipal Industrial Development Act, Minnesota
Statutes, Chapter 474 (the "Art"), to acquire and lease real and per-
sonal property for use by a revenue-producing enterprise, or to loan
funds directly to the enterprise to be used for such acquisition, said
funds to be raised through the issuance of revenue obligations of the
City, the interest on which is exempt from federal and, under certain
conditions, State income taxes.
1.03. Menard, Inc., a corporation organized under the laws of the
State of Wisconsin, authorized to do business in the State of Minnesota
(the "Corporation"), desires to undertake a project in the City, at a
total cost presently estimated at approximately $3,000,000.00 comprising
the acquisition of land and the design, construction and equipment
thereon of buildings comprising approximately 65,000 sq. ft. to be
used for business and warehousing activities (the "Project"). The
Corporation proposes to immediately acquire all of the necessary land
and to construct the buildings above referred to.
1.04. The Project would increase the level of economic activity in
the City, would increase the tax base of the City, Hennepin County and
the School District, and would provide additional employment oppor-
tunities for residents of the City and surrounding area.
1.05. The Corporation has advised the City that conventional
commercial financing for the cost of the Project is available only on a
limited basis and at interest rates which decrease the economic feasi-
bility of the Project; and that tax exempt revenue obligation financing
pursuant to the Act would substantially increase the economic feasi-
bility of the Project, and would be a significant inducement to the
construction of the Project in the City by the Corporation.
1.06. The Corporation has proposed that the City issue its revenue
obligations pursuant to the Act to finance up to $3,000,000.00 of the
cost of the Project, and has also advised the City that a financial
institution (the "Purchaser"), has tentatively agreed to purchase revenue
obligations of the City issued in such amount for such purpose. The
obligations are to be issued in one series.
Section 2. Authorization.
2.01. Subject to approval of the Project by the Commissioner of
Securities of the State of Minnesota as required by law, and subject to
the mutual agreement of the City, Lbe Corporation and the Purchaser as to
the details of the loan agreement, a mortgage and security agreement and
other documents necessary to evidence and effect the financing of the
Project and the issuance of the revenue obligations, the issuance of
revenue obligations of the City pursuant to the Act in an amount not
exceeding $3,000,000.00 is authorized to finance a portion of the cost
of the Project.
2.02. The Mayor and City Manager are authorized and directed to
submit the Project to the Commissioner of Securities for his approval as
tending to further the purposes and policies of the Act, and to cause
such information concerning the Project to be submitted to the Com-
missioner as he shall require for this purpose.
2.03. The City's legal counsel and bond counsel are authorized to
assist in the preparation and review of documents necessary to provide
for the issuance, payment and security of the revenue Obligations; to
consult with the Corporation and the Purchaser as to the terms and
provisions of the, revenue obligations and the necessary documents; and
to submit such documents to this Council for final approval.
Section 3. No Liability of City. Nothing in this resolution or in
the documents prepared pursuant hereto shall authorize the expenditure
of any moneys of the City of the Project other than the revenues thereof
or the proceeds of the revenue obligations. The revenue obligations
shall not constitute a charge, lien or encumbrance, legal or equitable,
upon any property or funds of the City except the Project and the
revenues pledged to the payment thereof, nor shall the City be subject
to any liability thereon. No holder of any revenue obligations shall
ever have the right to compel any exercise of the taxing power of the
City to pay any such obligation or the interest thereon, nor to enforce
payment thereof against any property of the City except the Project.
Each revenue obligation shall recite on its face that the obligation,
including interest thereon, is payable solely from the revenues pledged
to the payment thereof. No obligations issued hereunder shall consti-
tute indebtedness of the City within the meaning of any constitutional,
statutory or charter limitation.
Section 4. Project Expenditures. In anticipation of the approval
of the Project by the Commissioner of Securities and the issuance of
revenue obligations of the City to finance the Project, and in order
that completion of the Project will not be unduly delayed when approved,
the Corporation is hereby authorized to make such expenditures and
advances toward payment of costs of the Project as it considers neces-
sary, including the use of interim financing, subject to reimbursement
from the proceeds of the revenue obligations when and if issued, but
otherwise without liability on the part of the City.
Section 5. Approval of Preliminary Agreement. The form of Pre-
liminary Agreement relating to the issuance of the revenue obligations
authorized in Section 2, presented ro the Council at this meeting, is
hereby approved, and the Mayor and City Manager are hereby authorized
and directed to execute the Preliminary Agreement on behalf of the City.
Section 6. Withdrawal by City. The adoption by the City of this
resolution does not constitute a guaranty that the City will issue the
revenue obligations as requested by the Corporation. The City retains
the right at its reasonable discretion to withdraw from participation,
and accordingly not issue the revenue obligations should the parties be
unable to reach agreement as to the structuring of the financing or as
to the terms and conditions of any of the documents required for the
transaction.
The adoption of this Reeolution is also subject to the condi-
tion that within one month from the date hereof the Corporation shall
have submitted to the City Clerk a completed application for Industrial
Development Bond Project Financing (including all requisite attachments)
In form and content acceptable to the City Attorney and the City Clerk.
If this condition is not satisfied, the City may on its own motion
rescind, alter or modify this Resolution.
Adopted December 19, 1978.
Mayor
Attest:
City Manager
-3-
/el 0
CITY OF EDEN PRAIRIE, MINNESOTA
Application for
Industrial Development Bond Project Financing
1. Applicant: .
a. Business Name - Renard, Inc.
b. Business Address - Rt. 2, Eau Claire, WI 54701
c. Business Form (corporation, partnership, sole proprietorship,
etc.) - Corporation
d. State of Incorporation or organization - Wisconsin
e. Authorized Representative -IMmi R. Rasmussen, Treasurer
f. Phone - 1-71J-874-5911
2. NAME CS) AND ADDRESSES OF MAJOR. STOCKHOLDERS OR PRINCIPALS:
a. John R. Nenard, Jr., President
b.
a.
3. GIVE BRIEF DESCRIPTION OF NATURE OP BUSINESS, PRINCIPAL PRODU
C
T
S
,
E
T
C
:
Retail home center lumber yards, agri-building Sales and manufacturing
4. DESCRIPTION OF PROJECT
a. Location and intended use; Intersection /NY. 494 and /iNy.
b. Present ownership of project site: Teman smsesrawiroc.
c. Names and address of architect, engineer, and general
contractor: Not yet determined
S. ESTIMATED PROJECT COST FOR:
Land and land improvement
Building
Equipment
Other
Total
$ O_Tiguatgazo0
t 9 • tg:
$ 3,000,000.00
_ 1/4,1 0— F
City of Eden Prairie, Minnesota
Application for Industrial Development
bond Project Financing
Page Two
6. BOND ISSUE -
a. Amount of proposed bond issue - $31 000,000400
b. Proposed date of sale of bond - May 1, 1979
cs. Length of bond issue and proposed maturities - Not yet negotiated
d. Proposed original purchaser of bonds -First Wisconsin MWaionel Bank of Milwaukee
e. Name and address of suggested trustee -Not yet determined
f. Copy of any agreement between applicant and origi
n
a
l
p
u
r
c
h
a
s
e
r
-
None
g. Describe any interim financing sought or availabl
e
-
N
o
n
e
r
e
q
u
e
s
t
e
d
h. Describe nature and amount of any permanent finan
c
i
n
g
in addition to bond financing - None
7. BUSINESS PROFILE -
a. Are you located in the City of Eden Prairie? ?reposed retail site
b. Number of employees in Eden Prairie? None
i. Before this project? None
ii. After this project? NO
c. Approximate annual sales - Eden Prairie
10,000,000.00
d. Length of time in business' 16 years
in Eden Prairie Proposed
e. Do you have plants in other locations?Yee If se,
e
h
e
r
e ,20 location! in
Wisconsin, Minnesota and Iowa
f. Are you engaged in international trade? No
8 NAMES AND ADDRESSES OF
a. Underwriter/ficivAycr (94- r 4n -X P At mAiew.
* City of Eden Prairie, Minnesota
Application for Industrial Development
Bond Project Financing •
Page Three
I . Has preliminary financial analysis by underwriter/PA/1147'i: 17- is• ,e,reifre.ta" required by City policy been completed And attached
to this application? Not applicable
ii. Is underwriter's letter of intent to Commit attached
to this application? Not applicable
" (HO= that application is incomplete
if either of the above is missing)
b. Bond Counsel - To be named
c. Corporate Counsel - Jan T. Caudell
d. Accountant - ilphons Pitterle, Certified Public Accountant
9. BEAT IS 'MUM TARGET DATE POR:
A. Construction start - May 1, 1979
b. Construction completion - November 1, 1979
10. The undersigned applicant understands that the approval or disapproval
by the City of Eden Prairie for /ndust ,-,al Development bond financing
does not expressly or impliedly constitute any approval, variance, or
waiver of any provision or requirement relating to any zoning, building,
or other rule or ordinance of the City of Men Prairie, or any other
law applicable to the property included in this project.
Menard, Inc.
apppmt
r.e '
By' f aaa 15 11, Treaaurer
January 12, 1919
Date
FOR FURTHER INFORMATION, CONTACT:
11. Zoning - to be oomplcted by the city planning department.
a. Property is zoned -
b. Present zoning (j) (is not) correct for the intended use.
C. Zoning application received on for
which is correct for the intended use.
a. Variances required- Ojr7,190 *cor..0:14t0 1.044‘11-14 1 69(11Erldr-- 1#10-0 4-4
City Plenu
10/)S1411‘..40
Thank you fq; your consideration.
42-dad/rio,,
Richard Putnam
Busts0 Development Corporation
RPj'er
12750 PIONEER TRAIL EDEN PRAIRIE, MINNESOTA 94t
C{10
JAR 197S
January 11, 1979
Eden Prairie City Council
8950 Men Prairie Road
lie::en Prairie, Mn. 55344
Re: Yorkshire Point
fear Mayor and Members of the City Council:
Busted Development Corporation, Hart Custom Homes and Zachman Homes are
requesting a change in the Yorkshire Point Zoning Agreement.
Due (..w a number of circumstances, Hart Custom Homes can not complete the
Yorkshire Point Project. They have built 6 homes and are committed to
built one aeitioaal home. Hart has arrange(' to have Zachman Homes, Inc.
take over the construction of the twenty remaining lots.
Zachman Homes plans to construct three basic home styles with a varietfof
exterior treatments. The 1979 price for each of the homes is 854,900
which includes: sale fee, 4i mortgage points, 4 x 8 storage buildings,
fully developed lot, bituminous drive and sidewalk.
Yorkshire Point is intended to be a small subdivision exclusively for
lower priced single family homes. Hart Homes attempted to complete the
project with a factory built system. Zachmen Homes, Inc. plans to
complete the rroject with similar style, site built hones. We are
confident the Zachman Homes will complete Yorkshire Point as a modest
cost family neighborhood as originally planned.
Mr. Zachman and I will be at the January 16th meeting to explain his plans
In more .!etail.
Agreement-Creekside Heights
Page 2 (Vorkstuye R.)
3. Owner shall offer for sale and sell no fewer than six
single family homes to be constructed on a portion of
the property for less than $40,000 and the remainder
of the single family homes to be constructed on a port
i
o
n
of the property for less than $50,000.
4. Owner shall, immediately after filing the plat, deliv
e
r
to the City a warranty deed conveying to City good an
d
Marketable title free and clear of all mortgages, lien
s
,
taxes, and assessments, the land described as Outlot
A
on Exhibit C, outlined in red, attached hereto. Owner
shall file the warranty deed in the office of the Cou
n
t
y
Recorder or Registrar of Titles, and shall deliver to
City a copy thereof with the filing data thereon.
5. Owner shall construct a 6 foot wide bituminous trail
beginning at Creekview Circle and running northeaster
l
y
between lots 10 and 11, on a 10 foot wide area includ
e
d
in Outlot A depicted in red on Exhibit C, to the point
of intersection of the back lot lines of lots 10 and
11, and from that point owner shall construct 6 foot
wide steps, or a 6 foot wide blacktop trail (trail no
t
to exceed 10% in grade) northerly to the 820 topogra
p
h
i
c
contour. A totlot shall be constructed in the general
location as shown in green on Exhibit C which shall
contain swings, slides, climbing structures, acceptabl
e
in design and construction to the City Park and Recrea
t
i
o
n
staff., Owner shall further construct a 6 foot wide
limestone trail, 5 inches deep compacted from the tot-
lot area to a bridge crossing Purgatory Creek as shown
on Exhibit C • Said bridge to be designed and constructed
by Owner subject to review and approval of City Park
and Recreation staff. All trail, steps, totlot, and
bridge construction shall be completed at time of site
grading and utility construction.
6. According to Ordinance 332, the cash park fee shall be
waived in lieu of the dedication of and construction o
f
facilities described in paragraph 5 hereof.
This agreement shall not imply the waiver of cash park
fee provisions of Ordinance 332 with respect of all o
t
h
e
r
property in the Busted Office PUD.
4116 ge9e40404
Owner shall p4.a.t a 16 foot drivehbetween lots 3 and 4
,
4 tj. Block 2, as described in Exhibit C, to provide acc
e
s
s
to the existing single family lot of Mr. & Mrs. Leroy
dy.p•Peterson, Lot 2,1aqsU6 Exhibit C. Owner shall co
n
v
e
y
' the 16 foot drive"MiT4f: & Mrs. Leroy Peterson or
t
h
e
then owner of lot 2, Block 3, Exhibit C immediately u
p
o
n
filing the plat. The said plat shall be consistent wi
t
h
City Engineering requirements.
/22,
. swunn... tritrumr.X.itA .7441+61 writiv41-4,300
irtt . . ' FINANCE OIVISIi I hereby certi. prior to this ••••••n••n•••• n•n••••nnn••n•• SURVEY OIVISIOt Pursuant to Chi been approved I .4 RUMEN 1 hereby Y terttt filed for retor o' REGISTRAR OF TI' 5-ffilitAtVeE 214. .40. r.-- — 0 o VW'''. • fthIV1: Z:r4tO: &Els 257 4106#170 R*1 • -
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
TRU: Roger K. Ulstad, City Manager
FROM: Bob Lambert, Director of Community Services
DATE: Janaury 12, 1979
• '
SUBJECT: Miller Park on Mitchell Lake
At the December 19, 1978 City Council meeting staff recommended that
the City enter into a five year option on the Miller property that
will allow the City to acquire warranty deeds on portions of the
property acquired through grants. The 73.68 acres would be divided
into three lakeshore parcels of approximately 12.2 acres each. The
remaining 37 acres would be divided into the final two parcels for
acquisition in 1981 and 1982. The City would attempt to acquire the
lakeshore parcels trough LAWCON and LCMR Grants. The final two
parcels would be acquired with local money. The. staff also recommended
considering selling a portion of the final two parcels for development
and using the funds from the sale for development of the park.
Mr. Moriarty, an attorney representing the Miller's, also brought up
that the original option agreement talked about a 6% annual interest
to be added to the acquisition price of each parcel each year. If the
City failed to purchase any one of the parcels, the City would forfeit
the $50,000 option.
MOTION: Meyers moved, seconded Pauly, to direct Staff to draw up an
Option agreement for the purchase of the Miller property as outlined
in the memo dated December 15, 1978, incorporating concerns and figures
that were discussed this evening, and bring the matter back for Council
consideration for approval at the January 2, 1979 Council meeting; or
that it be brought before a special meeting unless an extension of the
option is obtained for a 30 day period, at which time it could be presented
then at a regular Council meeting. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to change the name of the park
from "Mitchell Lake Park" to "Miller Park on Mitchell Lake". Motion carried
unanimoulsy.
Mr. Moriarty called me this morning to indicate that he will send copies
of the agreement today, and that he will be in attendance at the Council
meeting on January 16, 1979 to answer any questions the Council may have
on this option agreement.
The option is a 30 day extension of the 1976 option and provides the figures
Identifying the yearly payments and a map showing the approximate location
of the parcels that we will buy each year.
ii q
Miller Park on Mitchell Lake -2- Jan. 12(79
1 have contacted RCM and BRW for estimated cost to survey Parcel 1
of the proposed site. I will have theta estimates by the January 16
Council meeting.
Mr. Moriarty indicated that if the Council did tot wish to take final
action on the 16th that the Council . Would then Seta! special meeting •
prior to January 30 to make a, final decision on the acquisitton.
BL:md
11 Minutes - o -
I. Park Dedication Ordinance (continued) •
Osterholt commented if there is a thought in mind to make any increases
In the fees, there should be some kind of a uniform adjustment or across
the board increase.
Pauly questioned if something could be put in the ordinance that land
to be dedicated be good land. Also in the tot lot recommendation something
that would be very cheap and would not have to be required, Is when land is
being excavated and if there are any enormous boulders, a few of these
boulders in a park are a tremendous thing to play on.
Bye suggested input from potential developers as to their attitudes and
ideas.
Council members referred this item back to Staff.
2. Mitchell Lake Park Option
Director of Community Services Lambert spoke to his memo dated 12115/78,
reLoariending that the City enter into a five-year option on the Miller
property that would allow the City to acquire warranty deeds on portions
of the property acquired through grants. Lambert commented he has talked
about this proposal with representatives from the Miller's and they have
some concern about the interest. The option agreement talks about 6% per
annual interest, therefore the only way it could possibly be worked out
would be when the City acquires the property each year, that interest
cost would have to be added on to the price of the property. Lambert stated
he is not comfortable about having to buy land this way, but doesn't see
any other way to enter into •this and try to secure grant money.
Art Miller was in attendance at the meeting represented by his legal
counsel, Dennis Moriarity and Jerome Jaspers.
Mr. Moriarity commented if the City buys the first parcel, the 5th year
they don't want the City to come in and buy the 2nd parcel - it has to be
contiguous.
Council members agreed the property under consideration is a beautiful
choice piece of property for a park.
Osterholt asked that figures be provided to the Council to identify what
the City will have to pay and when they are obligated to pay.
MOTION: Meyers moved, seconded by Pauly, to direct Staff to draw up an
option agreement for the purchase of the Miller property as outlined in
memo dated 12/15/78, incorporating concerns and figures that were discussed
this evening, and bring the matter back for Council consideration for
approval at the 1/2/79 Council meeting', or that it be brought before a
special meeting unless an extension of the option is obtained for a 3-day
period, at which time it could be presented then at a regular Council meetins
Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to change the name of the park
from "Mitchell Lake Park" to "Miller Park on Mitchell Lake". Motion carriec
unanimously.
12g 8
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MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Parks, Recreation and Natural Resources Camnission
Roger K. Ulstad, City Manager
Bob Lambert, Director of Community Services
January 12, 1979
Topview Park
Earlter this week Mayor Penzel and City Planner, Chris Enger, net with
residents of Topview to discuss the possible acquisition of a neighbor-
hood park serving. the Topview residents on the Tinted site. I have
attached my memorandum relating to that recommendation.
At that meeting residents of Topview indicated that there was alikely
neighborhood park site Jutt..**St of Gerard :Drive on the westOnedge'..
of Topview. After an onsiteinspectinn and reviewing the td#O.ofthat
area, the staff feels that this -S etre pTus.site..woditianka sivideal
neighborhood park serving TOpviow ant the proposed residentiai. develop-
ment to the test.
Chris Enger discussed the possible acqUisition of this parcel with the
owner, Mr. Jerrold T. Miller. Mr. Miller has had a preliminary plat
drawn up for that area, but would consider selling it for Par* purposes
ifthe price was sufficient.
At this paint, the staff would request permission, to approach Mr. Miller'
to negotiate an acquisition price and secure all option on the property.:
BL:md
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Chris Enger, City Planner
Bob Lambert, Director of Conanuntiy Services'7-4W.-
Janaury 9, 1979
Neighborhood Park Topview Area
On January 8, 1979 you requested that I consider a suggestion that we develop
a neighborhood park in the northern area of the Menard site.
I can understad the reason for the suggestion.: there is a need for a neighbor-
hood park in the area, there are some beautiful oak trees on that part of the
site, a neighborhood park would provide a buffer between residential and
commerical developed land.
However, after looking at the pros and cons of a neighborhood: park in that
• area there are several reasons Why I would not recommend a neighborhood park:
in that location:
a. The users would have to cross old Valley View Road: to gain access
to the site, unless this road becomes a cul-de-sac.
b. Outlet O is approximately 9 acres, a good portion of which is slope
and wooded.
c. There will be nearly $7%000 of assessments on this property from the
ring rbad. With those costs added to the acquisition cost this would
be extremely expensive land for neighborhood park purposes.
d. There are new developments forthcoming along nakPr Road that will
also be served by a park in this area, therefore the park should
be more centrally located between Topview and the new developments
to the northwest.
I would recommend that acquiring a 5-7 acre park on the southwest side of the
lowlands slough area and connecting this park with a trail system from Topview
and from the development to the north, also connecting to a trail along the •
creek and running to Forest Hills School.
111.:md
)20
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Int-
CITY OF EDEN PRAIRIE
' HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 79-17
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the
following improvements:
Improvement Contract 51-332
bids were received, opened and tabulated according to law. Those bids
received are shown on the attached, Summary of Bids; and
WHEREAS, the City Engineer recomnends award , of contract to
0 & P Contracting, Inc.
as the lowest responsible'bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council
as follows:
The Mayor and City Manager are hereby authorized: and directed
to enter into a contract with 0 & P Contracting,. Inc.
in the name of the City of Eden Prairie in the amount of
$122,768.12 in accordance with the plans
and specifications thereof approved by the Council and on
file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on
ATTEST:
Wolfgang H. Penal, Mayor
John D. Frane, City Clerk
0 A P CONTRACTING, INC.
BROWN & CRIS, INC.
IDEAL ENTERPRISES, INC.
RICHARD KNUTSON, INC.
BARBARDSSA &-SONS, Tic.
DE LUXE CONSTRUCTION, INC.
ORFEI & SONS, INC.
O. L. CONTRACTING, INC.
NODLAND ASSOCIATES, INC.
NORTHERN CONTRACTING, INC.
ART CONTRACTING, INC.
$122,768.12
124,517.60
124,998,00
YR .00
127,465.00
128,061,t0
132,343.80
134.271.80
142.750.00
147.081.00
174460.00
' CITY OF EDEN PRAIRIE
IMPROVEMENT CONTRACT 51-332
SUPER VALU DEVELOPMENT
Very trulis,,
-1
David O. Husby, P.E.
RIEKE CARROLL MULLER ASSOCIATES, INC.
RIEKE CARROLL MULLER 'ASSOCIATES 1NC
January 12, 1979
Carl Jullie, P.E.
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN. 55343
RE: EDEN PRAIRIE SUPER VALU DEVELOPMENT
IMPROVEMENT CONTRACT 51-332
RCM PROJECT 781023
Dear Mr. Jullie,
Bids on the above project were received on Thursday, January 11.
1979 at 10:00 A.M. The lowest bid was submitted by 0 & P
Contracting, Inc. in the amount of $122,768.12.
A summary of the eleven bids is tabulated below:
architects
engineers
land surveyout
,onoff
post ofbee box 130
haylofts. trinnesoto 55343
lottotinn
11011 first areal 'Oath
ttayktra, minnusout 55343
012935450)
0 & P Contracting, Inc.
Brown & Cris, Inc.
Ideal Enterprises, Inc.
Richard Knutson, Inc.
Barbarossa & Sons, Inc.
Deluxe Construction, Inc.
Orfei & Sons, Inc.
G. L. Contracting, Inc.
Nodland Associates, Inc.
Northern Contracting, Inc.
ARI Contracting, Inc.
$122,768.12
124,517.60
124,998.00
126,889.00
127,465.00
128,951.00
132,343.80
134,271.00
142,750.00
147,081.00
174,050.00
The low bid of $122,768.12 is approximately 20% higher than the
preliminary report estimate of $102,400.00. The higher bid costs
reflect two construction problems; a high ground water table
which will complicate construction of the lift station and
restricted space for installation of the forcemain along County
Road 60.
We have not had direct experience with 0 & P Contracting, Inc.
but have checked several sources which all indicate that the
firm is reliable and capable of satisfactorily completing the
project. We therefore recommend awarding the contract to
0 & P Conttacting, Inc.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO 79,1B
RESOLUTION AUTHORIZING PtoNIT APPL1CAT
WHEREAS, the proposed saoitary sewer in Improvement
Contract 51-332 requirea a connection to the Metropolitan *Ste
Control Com11811OR 04WCO ittercePter sYsteu4 fEttd:
WHEREAS, the proposed connecti0
Edon Prairie Comprehensive Sever Plan,
NOW, THEREFORE, BE IT RESOLVED by
City Council as follows:
Welter
The City Engineer is hereby outhorizetand directed
to submit an application for 'Permit for Connection
to or Use of Commission Facilities ° to the MWCC.
ADOPTED by the Eden Prairie City Council on
Wolfgang Penn), Mayor
ATTEST:
John D. Free, Clerk:
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
January 11, 1979
Olympic Hills Highland
PROPOSAL: The Developer, Olympic Hills Corporation, is requesting final plat
approval of Olympic Hills Highland. This is a replat of Outlet B,
Olympic Hills Addition and is zoned RN 6.5. This plat is being resub-
mitted from the January 2, 1979, Council meeting, and revised to con-
form with recommendations.from this meeting. This plat now consists
of 7 lots, with lots 4, 5, 6 and 7 being platted to represent existing
dwelling locations. Multiple dwellings will be constructed on lots 1.
2 and 3, with replatting to occur after construction.
HISTORY: The final plat was subrr 4 tted to the City Council for approval on
January 2, 1979, and continued to the January 16, 1979, meeting.
The preliminary plat was approved on June 7, 1978, per Council Resolu-
tion #78-101.
Zoning to RN 6.5 was finally read and approved by the City Council on
June 20, 1978, per Ordinance #78-29.
The Development Agreement referred to in this report was signed on
June 20, 1978.
VARIANCES: Variance from the minimum lot size requirements of Ordinance
#135 will be necessary for lots 5 and 5 containing approximately
3,740 s.f. and 4,460 s.f. respectively.
Variance from the requirements of 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 will be necessary.
UTILITIES AND STREETS: All utilities and streets will be installed by the
Developer in conformance with Eden Prairie Specifications and the
requirements of the development agreement. The street name "Mount
Curve Road" shall extend to Franlo Road.
- 2 -
PARK DEDICATION: Requirements for park dedication are covered in the
Development Agreement.
BONDING:, Bonding requirements are covered in the Development Agreement..
RECOMMENDATION: Recommend approval of the final put of Olympic Hills
Highland, subject to. the requirements .pfthis .roport'and the felloWingt.
1. Receipt of fees for City Engineering servites in.the Mot
of $210.
2. Receipt of cash deposit for street lighting in thetas)* Of.:
$90.40.
Note: Mr. Bon McGlynn will be present On Toes, eve. Jan4 11, to
explain the current development plats for the,reesindefof the..
• Olympic Hills property.
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: January 11, 1979
SUBJECT: Meeting with MCA Property Owners
Transportation Improvements
Over the past few weeks we have met three times with property owners within
the Major Center Area and Minn. DOT officials regarding completion of Schoon-
er Boulevard and other improvements of concern to these owners. At least
one additional meeting will be necessary before a general consensus can be
reached and a final report made to the Council.
We are attempting to gain, general agreement on the following points:
1. Concurrence with the location and scope of the proposed
projects in the MCA.
2. Agreement that the bid letting date for widening of the
T.H. 169 bridge and expanding T.H. 169 to four lanes from
W. 78th St. to Co. Rd. 39 shall coincide with the letting
date for completion of the Schooner Blvd./I-494 underpass.
3. Acceptance of the $40 per front foot and $500 per acre ad-
ditional assessments with the City and other agencies assuming
the balance of the project costs. The $500 per acre rate
shall be levied for 15 years payable beginning in 1980 at
6.6% interest. The $40 rate shall be applied in the year
that a contract is let for the applicable segment for a.
17 year spread at 1.5% above the bonding interest rate.
4. Acceptance of previous assessments levied for the Ring Road
and dismissal of assessment appeals.
5. Agreement to dedication of right-of-way with compensation only
where there are severence damages or extra needs for ramp
right-of-ways.
6. Major grading and land alteration will be necessary for develop-
ment in the Major Center Area. Approximately 1/3 of the steep
slope and wooded area adjacent to the southwest segment of
Schooner Boulevard shall be preserved. The next 1/3 can be
partially disturbed and incorporated into development plans.
The highest 1/3 may be completely altered as development re-
quires. There are also some isolated stands of good quality
132
trees within the slope areas which should he preserved,. A
graphic depicting all of these areas will be prepared by the
City Staff. Major grading may occur .beyond theareserved..
areas to be used as fill for the led area to the.Westof
the southwest segment filling and develoixasnit.mayettur •
generally 650 1 to 700* westof. the Sohtuaner. Boulevard align. •
ment from T.N. 169 to .T.H. 5 in the soOthwest segment
We anticipate that our next meeting with theNZA owners will be feb,-. r;
and we will again report to the Council•on Feb. 20'.
MEMO
The Consulting; Engineering time Howard Needles Tinen. and Bergendet pro-
vided engineering services to the 'City tot the initial phases of the SchoOner .
Boulevard (Ring Road) project. .Their Luutract with the City, dated January 34
1973,' contains provisions for terMinationef said 'contract bry:thelCity -atd..
also provides that 10% of thetarned 'design fee Intretained by the City until
the project is completed or the contract terminated.. The amentt retailed to. •
date is $14,752.30. •
We have advised HNTB that additional consulting work for their firmwill.Prott,
ably not be authorized. Accordingly, they have requested, per the attached
letter of 7/14/78, that the contract be terminated and that the retainage.he
released. This retainage was not a nuttier of consideration in the eettIement
of billings for extra work, determined in August, 1977.
It is recommended that the Council terminate the January 23, 1973, Eefrineering•
Services contract with Howard Needles Tammen and Bergendoft and authorize re-
lease of the $14,752.50 retainage.
CJJ:kh
Attachment
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Fenzel and Members of the City Council
Roger Ulstad, City Manager
Carl Mlle, City Engineer
January 10, 1979
HNTB Consulting Engineers
Release of 10% retainage
HOWARD NEEDLES TAMMEN & BERGENDOFF
July 14, 1978
Mr. Carl Jullie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Re: Schooner Boulevard
City Project No. STR 72-9-26
Dear Mr. Jullie:
At our June 7, 1978 meeting, we discussed the status of the Schooner
Boulevard (Ring Road) project. You indicated that if the roadway is
extended it will probably be on a piece meal basis and construction
would be staged. Further, you suggested that HNT11 presumably would
not be involved in future roadway design and construction. In effect,
our contract is being terminated by the City.
As you know, our engineering services contract dated January 23, 1973 4
contains a provision under Section V:A for City termination. This
section and Section TV:A stipulate the basis for compensation in the
event of termination and for design services, respectively. The con-
tract provides for 102 retainage of the earned design fee. Since the
project is in effect being terminated, we respectfully request that .
the CILy remit the existing retained amount of $14,752.50. For your
convenience, we are enclosing a copy of the last design Invoice No.
44-3404-21 dated November 4, 1974 which illustrates the retained
amount. This matter was not a consideration of the extra settlement
authorized by the Council on August 2, 1977. Compensation for items
contained in the extra settlement was not explicitly outlined in the
contract, and therefore by their nature these items became negotiable.
On the contrary, the retainage is a recognized incurred liability of
the City manifesting a committment for future payment.
Also attached is a copy of Progress Report No. 46 dated January 31,
1977. This report represents the last progress report submitted to
the City for the project and shows the design completion as 66.32
for the entire project from County Road 39 on the east to Valley View
Road extended on the west. Based on this percent completion, an
estimated construction cost of $4,729,560 (Segments I - $1,137,500,
II - $2,250,000 & III - $1,342,000) and a 5.25 percent of construction
fee, the earned fee computes to $164,624. The actual invoiced design
amount (Invoice No. 44-3404-21) including retainage is $147,325. The
difference between these figures, or $17,099, represents the remaining
billable amount predicated on the 66.3% completion.
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Indonnyekt Jarasonen.FLAguancr...ts, Las Argin.414m.MinnAloo.Mnonsinhs. N.44.01.M. 'Aft OatalmOwasmitailtillicrantilai nPP 14.1
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Hr. Carl Ju
July 14, 1978
Pegs 2
Nall is entitled to claim the retalnage ($14,752.50) and the unbillfd
earned fee ($17,049) for a total amount of $31,051 ..50..Revever, we
are aware of the effort which would be required to establish a mutual-
ly agreeable percentage of completion,, particularly in light of ma-
nents made at the June 7th meeting. Tri recognition of this feet, ma
propose that the Agreement be terminated in writing and that the re-
telltale be. paid at this time. We would not then make claim for addi-
tional earned but Unbilled fee.
If there are questions, please call.
Very truly yours,
HOWARD NEEDLES TAMEN &
ifgaLe
Richard D. Beekman
Associate
01/.10M/det
TO: Mayor and Council
THRU: Roger Ulstad
FROM: .John Fran
DATE: January 119 1 97 9
RE: Guidelines
Per your request the Eden Prairie Industrial Development Conntission
reviewed the City's proposed guidelines for M,1.D.B. bends. The
guidelines were discussed at the December 1.97, and January IMP
meetings; a couple of changes to the application, farm were soygttad
and the commission voted to recmenend the guidelines to the C IZy
Council at the January meeting.
All Applicants
ppou City of Eden Prairie, Minnesota
Industrial Development Revenue Bonds
All applicants for Industrial Development Revenue Bonds must
submit the following material in duplicate to the City Clerk.
1. The attached application caapietadl in total.
2. A.letter from the applicant agreeing to pay all therniKurts
costs incurred with respect to this application and/or
the issuance of bondS pursuant thereto, whether or not
bonds are issued.
• Proposed resolutions tying preliminary approval to the
project, approved as to form by the.City'Attorney.
4. Proposed application to Commissioner of Securities along
with a proposed statement of the purpose of the project.
S.: Letter from purchaser of bonds or note (either underwriter
- or private plat.w.wat purchaser) representing to the City
that it has evaluated the financial ability of the
applicant and it is of the opinion that the applicant
has the financial and management capability to fulfill
the obligations to be imposed by the proposed transaction.
S. Letter from Bond attorney that he is prepared to grant a
favorable preiminexy opinion relating to the qualification
of the project under the Minnesota Municipal Industrial
Development Act, Minnesota Statutes, Chapter 474 as
amended.
7. All documents must be presented to the City Attorney at
least two weeks before the council meeting at which
approval is requested and presented to the City Clerk at
least one week prior to that date.
1./
Applicafts are advised that the operative documents of the bond
transaction must include the following:
1. A statement from the underwriter holding the City, its
officials and employees, harmless of any error, misstatement
, or omission in any official statement.
2. Applicant shall indemnify the City, its officers and employees
from all liability, damages or costs incurred in connection
with the issuance cf the bonds.
3. The opinion of bend counsel shall include a represent-
ation that no registration is required under the 1933
Securities Act, the 1914 Securities Exchange Act,
the 1939 Trust Indenture Act, or any Blue Sky Law,
or if such registration or qualification is required that.,
it has been done in full compliance with the referenced act.
13 2'
The opinion of bond counsel must approve as correctly
stated, without material omission, any characterization
of the legal proceedings contained in the official
statement.
S. The opinions of bond counsel and applicant's counsel shall
he addressed to include the City.
6. In the case of a private placement, the purchaser must
warrant that no public sale or offer of the bonds or
notes will be made.
7. The City will make only the following representations,
warranties and covenants in the operative documents to the
bond transaction:
a. The City will covenant that it will cause prompt
payment of principle and interest on the bonds
to be made solely from the source specified in
the bond. transaction (i.e. Loan Agreement}.
b. The City will covenant that it will faithfully
perform all covenants contained in the operative
documents and that it is duly authorized pursuant
to the Constitution and laws of the State to
participate in the bond transaction.
City will covenant that it will execute such
instruments of further assurance as a plaposed
trustee may reasonably require for the better
assuring, transferring, conveying, pledging,
assigning, and confirming to the trustee the
rights assigned in any of the operative documents.
d. The City will represent that the project has been
approved by the Commissioner of Securities of
the State of Minnesota.
e. The City will represent that the issuance of the
bonds and the performance of the agreements
pursuant thereto have been duly authorized by .
the City.
f. The City will represent that to finance the cost
or part of the cost of the projecti. the City
proposed to issue its bonds as provided for in
the operative documents to the transaction.
The applicant is responsible for submission of all necessary
documents to the State Commissioner of Securities for his approval.
If a public offering of the bands is contemplated, the
underwriter must submit the additiml fellmoinn information:
1. The underwriter must warrant and represent to the City
that it has examined the financial condition of the
applicant and that there will exist a *minimum coverage*
of 2X the principle and interest due earned annually
the previous year before taxes. For example, a $1,200.000
issue requires approximately $125,000 in annual principle
and interest payments. Therefore, $250,000 must have been
earned before taxes by the company the previous, year.
!AAA'S
C.
131
2. The underwriter must warrant and represent that the ,
applicant possesses a demonstrated record of yearly
increases in earnings prior to taxes.
3, The underwriter must warrant and represent to the Cit
y
• that the appraised value of any building wide% is part
of the project, based on fair market rental valve, is
equal to or armed the total amount of Wade and
interest due.
„A. 1.4.-Ale&rof
CITY pr EDEN PRAIRIE, MINNESOTA
Application for
Industrial Development Bond Project Financing
1. Applicant:
a. Business Name -
' b. Business Address -
c. Business Form (corporation, partnership, sole proprietorship,.
etc.) -
d. State of Incorporation or organisation -
e. Authorised Representative -
S. Phone -
2. NAMELS) AND ADDRESSES OF MAJOR STOCRMILDERS °RM./SCUMS:
a.
b.
0 .
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS,
4. =SCRIPT/1:N OP PROJECT
a. Location and intended use:
b. Present ownership of project site:
c. Names and address of architect, engineer, and general
contractor:
S. ESTIMATED PROJECT COST FOR:
Land
Building
Equipment
Other
•••••nn•nn •••nnn•nn••••n••n•nnnnnn••n•nn••••n
Total $_
City of Eden Prairie, Minnesota
Application for Industrial Development
Bond Project Financing -
Page Two
6. SURD ISSUE -
a. Amount of proposed bond issue -
b. Proposed date of sale of bond -
a. Length of bond issue and proposed maturities -
d. Propos-ed original purchaser of bonds -
e. Name end address of suggestaktrustee,7
f. Copy of any agreement between applicant and origina
l
purchaser
g. Describe any interim financing sought or ava
i
l
a
b
l
e
h. Describe nature and afteent of any petimanent
f
i
n
e
n
c
i
n
g
in addition to bond financing -
7. BUSINESS PROFILE -
a. Are you located in the City of Eden Prairie?
b. Number of employees in Eden Prairie?
i. Before this project?
U. After this project?
c. Approximate annual sales -
$
d. Length of time in business
in Eden Prairie
e. Do you have plants in other locations?
f. Are you engaged in international trade?
8 NAMES AND ADDRESSES OF:
a. thulerw ri ter/Private Placenta Purchaser
I f so, idlers?
tqL
City of Eden Prairie, Minnesota
Application for Industrial Development
Bond Project Financing •
Page Three
prfrateigace-
i. Has preliminary financial analysis by underwriter or ment waists'
required by City policy been completed and attached .
to this application?
ii. Is underwriter's letter of intent to Commit attached
to this application? (Applicable only if there Is a public offering.)
(NOTE that application is incomplete
if either of the above is missing)
b. Bond Counsel - •
e. Corporate Counsel -
. d. Accountant -
9. WHAT IS YOUR TARGET DATE FOR'
C. Construction start -
b. Construction completion -
10. The undersigned applicaut understands that the samosa or disapproval
by the City of Men Prairie for Tndustrial DCVSIMMOrit tend final:m:14g
does not expressly or impiiedly constitute any APPrOvAl , vartInm, or
seism of any provision or requirement relating to any =nine.
or other rule or ordinance of the City of Eden Prairie or any
lam applicable to the property included in this projeet.
APPLitiont
By
Date
FOR PUSTalln INFORMATION, COtataf:
12. Tonieg - to be completed by the city planning dePtrtto0t.
a. Property is zoned -
b. Present zoning (is) (is not) correct for the intended use.
0. riming application received on for
which is correct tor the intended use.
d. Variances required-
brit Neater_
December 22, 1978
MEMORANDUM
TO: Mr. Roger Ulstad
City Manager
City of Eden Prairie
IRON: William E. Fahey
Vice President
Ehlers and Associates, Inc.
DEC 2 2 WM
R. Rodney Pakpnen
Vice President
Piper, Jaffray & Hopwood, Inc.
This is a follow-up to the conversations we have had regarding the options
open to the City of Eden Prairie if the City Council, through its power
to permit the issuance of tax-exempt bonds, elects to assist home purchasers
In the City of Eden Prairie. Within current regulations, it appears that
the City has three possible options under Chapter 474 of the Minnesota
Statutes. First, it can encourage individual contractors or developers to
request permission from the City to issue industrial revenue bonds, tte pro-
ceeds of which would be made available to home purchasers in their respective
developments. An advantage of this procedure would be that the City Council
could exercise a relatively large amount of control over the developments
that would be financed with industrial revenue bonds, the idea being that a
developer would be willing to add or modify his development somewhat because
of the relatively attractive financing package that would be made available
to purchasers. A disadvantage of this type of procedure is that some builders
may be put at a competitive disadvantage if, for example, they are not large
enough to undertake a relatively large housing develooment. The economics of
this type of industrial revenue bonds issue suggests that the minimum bond
issue size should he adequate to finance at least 100 houses. Thus the builder
who constructs 15 to 20 houses per year could not take advantage of the indus-
trial revenue bond law in this case.
A second option open to the City Council is to encourage builders and deve-
lopers to group together by forming, for example, a separate corporation, and
using this corporation to arrange the financing for all the builders and de-
velopers in the group. An advantage of this arrangement is that smaller
builders may he part of the corporation along with the larger builders and
developers in the City. A disadvantage of this financing structure is that
the corporation, composed of relatively independent separate entities, MY
prove to be unwieldy and valuable time may be lost while the corporation is
being formed.
mnokatliollmea
Asrawarai
'ortgagepool plan
Ey WALTER T. MIDTHERROOK
Atinnmli, Mat SIA/I Miter
One housing developer went
fishing for a new kind of money
pool in Burnsville. When he got a
Me, other fishermen grabbed their
poles and came running.
Btu nsville has been flirting with
a tax-exempt bond scheme de-
signed to pour tens of millions of
dollars into a mortgage pool and
sustain the housing boom while
credit is tight.
But the rush of fishermen who
like the looks of the catch is giving
the city second thoughts.
Meanwhile. the growing use of
tax-exempt hoods for quasi-public
and private projects has raised eye-
brows in the federal government
and has triggered national Investi-
gations.
LAST MONTH. Robert Da; v.
who runs Ridgewssd Develop-
ment. convinced .me Burnsvidle
City Council to lend its tax-free
steins to a S20•million bond issue.
The bond revenues would create
the mortgage pool to be used in
developing new housing In Burns-
ville.
The plan seemed simple enmight
The city would authorize tax•free,
industaial-revenue bonds to raise
capital for the developer. The in-
terest paid on the tiontis yecnild be
tax-free, so investors would he
willing to accept a lower interest
rate than the going rate on conven-
tional. taxaele muds.
And bacauty V: that lower rate,
the builder ,vauld be able to offer
new tomes to prospecttve home-
owners at 1.5 to 2 percentage
points below conventional mon-
tage rates. Home buyers' mortgage
p..ymenis would supply the funds
to pay oil the bonds.
With a conventional mortease, a
family whose moss annual income
It s?.4.(ittO could only qualify for a
aliS.000 home. Ilut with tht hand
issue, the same family could quali-
fy for a $79.000 home. Similarly, a
family with an income of $211,1100
could qttality for it Vili,000 home,
Instead of $17.0118 home.
The mortgage poet is a tecnnique
already used in various forms by
cities all over the country. Such
pools open up the housing market
to potential homeowners ..vno oth-
erwise would be priced cut of It.
explained Glen dorttnup. Burns-
elite city manager.
Once Ricigewood's proposal won
the city col:mars blessing, New
Horizon Homes nod Orrin Thomp-
son Homes marched in with simi-
lar requests. Both builders say they
feel that unleas they are given the
same epportuulty. Daly's firm will
have an advantage in the Burns-
ville market.
P.00ERT BURGER, president of
New liorison. told the council he
would be forced to compete at a
10-percent mortgage Interest rate
against Daly. who could offer an 8-
percent rate.
-Any develtmer would be hard-
pressed to compete against this
(0:Ay's prope.tal),- said Gary
Thompson, p:esident of Orrin
Thompson. "Everybody that !teem
abraut it will went to get in on IL"
But the council has been hesitant
to act on the requests. Two council
members. Connie Morrison and
James Fappathatos. have contin-
ually expressed concern that the
city had not established enough
gulaclines on hew the bond raoney
was to be used.
Although tee council did stipu-
late that 20 peacent of the Ridge-
wood bond lame be used for the
development of moderately priced
single-family housie.g. the dissent-
ing council members were con-
cerned about the impact of the
bond issue on the city's financial
status.
They also questioned the effects
of the bond issue on the small de-
veloper. But a spokesman for the
investment firm that is helping un-
derwrite the bond issues raid the
larger developers ure ist‘eded to get
th e lista MI the ground.
Roger Winans, a bond under-
Writer in the St. Paul office of
.hirait and Moody Inc.. said smuttier
Items. tan better take advantsee el(
plan once It is fully ilecetoped.
Has ing smaller developers launch
the program "wouldn't he worth
it," be said.
Wiagus discounted fears that the
bonds would hurt Burnsville's fi-
matelot standing. lie also said the
city would be assured of protection
from liability in case of &fault.
"The numy layers of insurance
would protect the city's liability,"
he said. "The city only serves as a
conduit of the money front which
the developer will draw."
FOR THE MOMENT, the bond
proposal sits in limbo. Two council
members who favored the bond is-
sues will not be on the council next
year. The lame-duck council has
voted to Wile the issue white at-
tempts are made to draw guide-
hues for the proposals.
Hut there sic others who are also
concetned about such bond Issues.
I
Mr. Roger Ulstad Page Three
6. pecial Hazard Insurance: This is additional coverage for the
benefit of the bondholders, trustee and the insurance entities. The special
hazard insurance is designed to cover losses incurred by the mortgage pool
in the event of individual insurance policy lapses.
Because of all these assurances, we feel the housing mortgage revenue bonds
will be rated in the investment grades of A to AA by national bond rating -
agencies. This would also help to ensure the lowest possible mortgage'
Interest rates to homeowners.
in addition to the obvious benefit of making mortgages available to potential
homeowners tn Eden Prairie at favorable interest rates, we feel' the City will
derive at least another desirable effect by supporting this kind of p rogram.
Support of a home mortgage program would increase the probability of maintain-
ing a level of new water and sewer 110014.,Ups to- existing water andsewer -Tines
where it would not be necessary to levy taxes to pay fat existing impovaments.
This might be especially important during 197g, for the standard eoononto lore ,
casts are predicting record high mortgage rates and mortgage lending institutions
are already severely restricting their lending activity.
He are both wtlling to discuss the various home mortgage progroms ir "ore detail
with you and/or the Council if you wish. Moreover, if ypu have any other ques-
tions regarding these programs, please do not hesitate ta ask is.
Mr. Roger Ulstad Page Two
A third option would be for the City to form a housing redevelopment
authority and, somewhat similarily to what was accomplished in Minneapolis,
to use this vehicle to issue the home mortgage revenue bonds. The HRA, in
turn, would make the bond proceeds available to home purchasers. The
advantage of this option is that, of the three options, the City would
maintain the highest level of control over the financing. A disadvantage'
of this type of financing might be that an HRA would have to be created for
the City, and the City would have to exercise control and management of the
HRA.
The basic structure of the mortgage pool would be the same under any of the
three options, and the home mortgage revenue bonds should be attractive in-
vestments because of the underlying security for the bonds. For example,
the bonds would have at least the following assurances:
1. Mortgage Loans: All mortgage loans in the mortgage pool are first
mortgage liens on an individual housing unit. All mortgage loans are in-
sured by a qualified private mortgage insurance company whenever the home-
owner makes a downpayment of less than 20 percent of the fair market value.
2. Equity Investment by the Homeowner: Whenever the homeowner makes
a downpayment of less than 20 percent of fair market value, he or she will
secure private mortgage insurance, thus assuring sufficient equity in each
mortgage loan.
3. Debt Service Reserve Fund: This is a capitalized reserve availa-
ble in the case of temporary shortfalls in the flow of funds. These funds
are invested so that they should produce a positive cash flow during the
life of the issue while acting as a safeguard to the flow of funds.
4. PHI Mortgme Insurance: The PMI insurance, purchased by homeowners
requiring it, protects the mortgage pool in cases of default or foreclosure.
In cases of default the PMI insurance company either takes over the defaulted
mortgage and pays the trustee or it pays the insurance liability and assigns
, its right to foreclosure proceeds to the trustee.
5. PM! Pool Insurance: This is a relatively new concept which we have
assisted in developing along with the PM! insurance companies and the national
bond rating agencies. Essentially, the Pool Insurance is a policy for the
benefit of the bondholders and an important means of securing an investment
grade rating. The pool policy is issued by a private insurance company to
guarantee the purchase of the first five percent of the defaulted conventional
mortgages in the pool. The normal default rate for conventional mortgages is
approximately 8/10 of one percent. Therefore, the pool insurance and the
individual PMI insurance combined assure rating agencies of the underlying
securities' high quality.
e. New housing attracts educated and talented persons and strengthens
the City.
f. Additional housing will improve the City's tat b
Centex would welcome the opportunity to discuss this method of
financing further, and in more detail, with the City.
Sincerely.
CENTEX HOMES MIDWEST, INC.
Timothy R.rilor
Vice-President
6/8
Page 2
City of Eden Prairie
1/12/79
the project at a fixed interest rate, thus eliminating the
inflationary effect on interest rates and providing a
commitment that is not currently available in the conventional
market.
e. Downpayment requirements using tax exempt bonds would be
approximately 102 of the value of the home versus 20E to 302
currently required for conventional mortgages.
Further, um believe the City will benefit from the use of tax exempt
financing because:
a. The City has an interest in the availability of adequate hunting
to area residents at as low cost as possible.
b. Housing costs are at historic highs and appropriate programs
aimed at reducing such costs ate des/role, and in the Public
interest.
e. The existence of adequate shelter end housing is a sigoift
factor in attracting and encouraging industry and commerce
the employees of *nth, to the City.
d. Adequate shelter and housing in the 'City makes leas, likel
shift of persons out of the City to other mess.
g. The housing proposed to be financed will be made available-to
families that otherwise would not be Able to affotd a single '
family home in the City.
TRE: aep
JAN 1 2 1979
8601 01011161 nd.. Edon Paula, Minnesota 55343 (612) 9414MMI
Midwest. Inc.
twIrraLww tr..rer'www January 12, 1979
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Gentlemen:
As you know, Centex has obtained re-zoning and preliminary plat
approval for Ridgewood West. This project will provide single
family detached houses from the mid 60's.
We have been consulting with Piper, Jaffrey and Hopwood, Inc.
regarding the use of tax exempt bonds, issued by the City, to
provide mortgage financing for the homes in Ridgewood West. This
procedure, which we understand to be at no cost, or risk to the
City, would allow us to obtain financing at more favorable rates,
and will allow the passing of this savings, among others, to the
home buyers in the project.
Crttex believes that the use of tax exempt bonds to finance
home mortgages is desirable because:
a. The financing available to the home buyer today is currently
restricted as to interest rate, down payment, and credit requirements.
Conventional mortgage rates are currently 10 14 and rising. It
appears that interest rates, due in part to inflationary pressure,
will remain over 10% for the foreseeable future.
Tax exempt financing would provide mortgage interest rates
approximately 2% under conventional rates, a reduction of $50.00
to $80.00 per month on a homeowner's debt service.
b. A 2% reduction in interest rate will allow an income reduction of
$3,000.00 to $5,000.00 per year to qualify for the same mortgage
amount. This difference would allow approximately 10% more of the
Win Cities households to qualify for a single family detached
home in Eden Prairie.
c. Financing costs paid by the seller (points) and built into price of
a home would be eliminated, thus reducing the price of the home.
d. Tax-exempt bonds would provide a long term mortLage commitment fcr
Thank you for your kind consideration of this matter.
Sincere
Ostenson
Oier
12750 PIONEER TRAIL EDEN PRAIRIE, MINNESOTA 55343 651,2)941
iws, sit •
December 27, 1978
Mr. Roger Ulstad
Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Mn. 55344
Dear Mr. Ulstad:
In recent weeks, we have heard a great deal of discussion about
the possibility of tax exempt industrial revenue bonds being used
to finance housing at lower than market interest rates. In fact,
it appears that cities such as Bloomington, Burnsville, Vadnais
Heights and Minneapolis are well along in making this program
a reality.
If this is the case, I cannot urge strongly enough the need for
Eden Prairie to become involved. The advantage that a neighboring
community like Bloomington could have would virtually shut down
competing projects in Eden Prairie.
Certainly our company, as well as most of the builders that we
are associated with, would be interested in such a program.
MOM DEVELOPMENT CORPORATiON
,
. Johg.Woodland
President
John Crane
City of Eden Prairie
-2-
We at Windsor feel so strongly about the absolute necessity of such
financing that we are presently working with bond counsel and under-
writers on a proposal to be submitted to the City of Eden
P
r
a
i
r
i
e
t
h
a
t
,
should the City determine for whatever reason a general is
s
u
e
t
o
b
e
unworkable, we shall request consideration for an issue uniquely for
Windsor Development .Corporation.
I respectfully request that the City give urgent considera
t
i
o
n
t
o
t
h
i
s
matter, as it is evident that other municipalities are actively aealal
on bond Issues, the situation seems to be changing hourly, and that time
Is of the essence If we are to ayold being placed at a termin
a
l
marketing
disadvantage.
Yours sincerely,
EJW:mo
ITO
WINDSOR
DEVELOPMENT CORPORATION
December 13, 1978
Mr. John Frane
Finance Director
City of Eden Prairie
8950 County Road 4
Eden Prairie, Minnesota 55344
Dear Mr. Franc:
This letter is a result of our telephone conversation of Tuesday in which
we discussed the concept of the use of industrial revenue bonds for permanent
mortgage financing of homes in Eden Prairie.
While I ran not claim to be familiar with the necessary statutes, it is
apparent that certain other communities have made the determination that tax
free revenue bonds can be made available for home financing as evidenced by
the preliminary approval by Bloomington of an eight million dollar issue for
Orrin Thompson Homes, Minneapolis of a thirty million dollar issue for general
application, Vadnais Heights of a forty-five million dollar issue for Good
Value Homes, and Burnsville of a ten million dollar issue for Daley (I), in
addition to further issued presently under consideration by the cities of
Apple Valley, Burnsville, and Northfield.
It is evident that the availability of lower interest rate financing - on the
order of 8% to 8/% per annum interest rate - will have a dramatic or traumatic
Impact upon the marketability of housing. Windsor Development Corporation has
made a major commitment to the City of Eden Prairie and has approximately two
hundred fifty lots under some state of development in Its Prairie East Develop-
ment. It is self-evident the disastrous impact upon Windsor and the future
growth of the City of Eden Prairie if Windsor is constrained by conventional
financing instruments which, as you know, consist of conventional mortgages at
an interest rate in January, 1979 of 104% per annum, while the City of Bloom-
ington and Windsor's competitors one hundred feet away on the east side of
County Road 18 are promoting financing through the medium of industrial revenue
bonds of 8% to 81% per annum interest rates.
As a consequence, I cannot urge the City of Eden Prairie strongly enough to
become involved in industrial revenue bond financing. I understand the City
staff is evaluating the possibility of a general issue or pool for the use of
all builders in Eden Prairie, and I should like to make you aware that if such
a pool does become available Windsor Development Corporation would wish an
allocation of up to ten million dollars, depending upon the loan parameters.
The Minneapolis Star
Friday, December 22, 1978 SB
VICILMANTACILIONOMPOT
CLI '7
r 6,4
Star Photo by Torn S
Developers are asking for tax-exempt bonds to keep building houses in Burnsville
U.S. Rep. Henry Reuss,
chairman of the Houseinking
COMMiSiifill. has 'fled the Con-
:evasions] Budget Office to study
the use of industrial-revenue bond
issues forhousing and similar ploi-
ects.
A spokesman for the budget of-
fice said Congress is concerned
about the uses of such bonds and
the possibility of saturating the
bond market with them. The study
Is expected to be completed by
February.
"There are no limits now on the
Issuance of these (bonds)." said
James N'erther of the isiStii of-
fices tex analysis division. If
saturation is athWved. then the
tate of the lax-exempt bonds
would eventuallv have to rise aiLl
approach th.q of the
MsAd 15 states have adopted
laws that allow these types of
bonds to be isstwd. By June, as
much as Si billion in hoods will
have been created under the city
issues, the budget office predicts.
In a few years, that figure will ap-
proach $5 billion to $G billion.
which equals the current amount
of state ii4ti5, Verdure said.
He said these bond issues would
cost the federal government more
than $200 million in lost revenues.
T111. iiiS also is said to be examin-
ing the concept.
FEDERAL OFFICIALS say the
taw that r-tablished these bonds
intend( d them fur use on public
aroiect$, but tile hands are bring
used for quasi -public and private
issues.
Wit it erie dudes a puttir prni-
ect:'
"Some people believe developing
new housing in the suburbs is a
public prolett." Verdier said.
"There are others who feel that re-
vitalizing the inner thy is a public
project. It will be up to the Con-
gress to make those decisions
when the study is completed ...
Unless the genernment acts pretty
fast, everybody will be issuing
these things."
Burnsville's Northrup said that
although there are reservations
about the proposals before the
council, the council "can't undo the
first request (by Ridgewood) with-
out being liable for any damages
that may have been incurred."
Developer ThoMPSOil said that 11
tile bond issue is approved. his
company woold continue to build
in the metille-price bisect. which
tanges I nun $50,000 to $100.000.
011
January 16, 1979
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
12-15-78 2567 VOID OUT CHECK
2342 VOID OUT CHECK
12-28-78 2799 PUBLIC EMPLOYEES
RETIREMENT ASSN.
2800 STATE OF MINNESOTA
2801 FEDERAL RESERVE BANK
2802 JOHNSON WINE CO.
2803 TWIN CITY WINE CO.
2804 ED PHILLIPS & SONS
2805 MINNESOTA DISTILLERS, INC.
01-03-79 2806 PRAIRIE VILLAGE MALL
01-05-79 2807 HOPKINS POSTMASTER
2808 QUALITY WINE CO.
2809 MIDWEST WINE CO.
2810 OLD PEORIA
2811 INTERCONTINENTAL
PACKAGING
2812 EAGLE DISTRIBUTING
2813 GRIGGS COOPER & SO.
2814 GRIGGS, COOPER & CO.
2815 JOHNSON WINE CO.
2816 VOID CHECK
2817 ED PHILLIPS
01-12-79 2818 BARJER SALES COMPANY
2819 BELLIS PAPER
2820 THORPE DISTRIBUTING CO.
2821 LEDING DISTRIBUTING CO.
2822 EAST SIDE BEVERAGE CO.
2823 BEER WHOLESALERS, INC.
2824 HAPPY TYME DIST.
2825 SEVEN UP COMPANY
2826 ROUILLARD BEVERAGE CO.
2827 GOLD MEDAL BEVERAGE
2828 COCA-COLA BOTTLING CO.
2829 DAY DISTRIBUTING CO.
01-09-79 2830 HOPKINS POSTMASTER
2831 HOPKINS POSTMASTER
2832 HOPKINS POSTMASTER
01-10-79
2833 PUBLIC EMPLOYEES
RETIREMENT ASSN.
2834 FEDERAL RESERVE BANK
2835 UNITED WAY
01-12-79 2836 RON ANDERSON
2837 BILL BLAKE
2838 LANCE BRACE
2839 LESLIE BRIDGER
2840 THOMAS K. BROWN
2841 JAMES CLARK
( 6.85)
(76.27)
3,216.72
7,826.03
2,178.51
611.59
383.76
1,110.04
1,695.23
1,823.13
80.10
1,207.26
1,579.54
441.11
177.14
156.19
1,814.99
687.77
591.22
555.98
60.48
291.67
2,266.05
1,314.45
2,204.70
1,127.30
278.40
126.35
531.89
142.51
187.35
1,754.80
40.00
1,000.00
406.81
3,493.40
2,807.75
30.34
275.00
275.00
137.50
275.00 .
275.00
275.00
Employees withheld and employers
contribution 12-28 payroll
December taxes withheld
Taxes withheld 12-28 payroll
Liquor
Wine
Liquor
Liquor
January rent-Liquor store
Postage for utility bills
Wine
Wine
Liquor
Wine
Wine
Liquor
Liquor
Wine
Liquor
Supplies-Liquor store
Supplies-Liquor store
Beer
Beer
Beer
Beer
Mix for Liquor store
Mix for Liquor store
Beer
Mix for Liquor store
Mix for Liquor store
Beer
Bulk mailing fee for 1979
Postage for meter
Postage for "The Happenings and
Community Services brochure
Employees withheld and employers
contribution 1-5 payroll
Taxes withheld 1-5 payroll
Donations withheld 1-5 payroll
Uniform allowance
0 It
I.
II
11
11 It
II II 10
. January 16, 1979
BITUMINOUS ROADWAYS
01-12-79 2842 JOHN CONLEY Uniform allowance 275.00
2843 ROGER DANIELSKI N . 275.00
2844 STEVE GEIGER . . 0 275.00
2845 JACK RACKING . . 0 275.00
2846 JOYCE HOLTE . It 275.00
2847 ALLEN LARSON . 0 275.00
2848 CURTIS OBERLANDER I/ II 275.00
2849 JAMES MATSON 0 . . 275.00
2850 RICK RABENORT . . . 275.00
2851 ROBERT TYSON . . 275.00
2852 KEITH WALL 0 0 . 275.00
2853 METROPOLITAN AREA
MANAGEMENT ASSN. Membership dues for Roger Ulstad 5.00
2854 ASSOCIATED WELL DRILLERS Equipment parts 52.50
2855 ASTLEFORD EQUIPMENT Equipment parts 14.00
2856 EARL ANDERSEN Street signs 117.85
2857 A & H WELDING Equipment parts-Park Maint. and
City garage 157.55
2858 TOM BROWN Reimbursement for clothing repairs
damaged on duty 60.00
Projector and speaker-Fire Bond 1,115.00
Tennis court construction-Park Grant 9,260.00 2859
2860
2861
2862
2863
2864
2865
2866
2867
2868
2869
2870
2871
2872
2873
2874
2875
2876
2877
2878
2879
2880
2:1
2882
2883
2884
2885
2886
2887
2888
2889
2890
2891
VOID CHECK
JOHN HORAN
BRY-AIR, INC.
JUDY REAVENS
BATTERY TIRE & WAREHOUSE
BATHER, RINSROSE, WOLSFELD
GARDNER, INC.
CITY OF EDINA
BRUCE CLABO
COLLINS ELECTRIC CO.
CONTINENTAL SAFETY
EQUIPMENT
CROWN RUBBER STAMP
CHANHASSEN LAWN & SPORTS
CUTLER-MAGNER
COPY EQUIPMENT
VOID CHECK
DISPLAY FIXTURES CO.
WARD DAHLBERG
DEPARTMENT OF NATURAL
RESOURCES
DAY TIMERS
DALCO
DORHOLT PRINTING
EDEN PRAIRIE SCHOOLS
CHRIS ENGER
EDEN PRAIRIE SANITATION
EDEN PRAIRIE NEWS
FLOMATIC VALVES
JOHN GRAHAM
SARA GOODENOUGH
GROUP HEALTH PLAN
GUY'S AUTO SUPPLY
GENERAL COMMUNICATIONS
BLUMBERG PHOTO SOUND
5.00
110.01
9.70
22.80
Refund-Skating classes
Heater elements-Water dept.
School expenses-Switchboard training
Equipment parts
Services-Lotus View Street Imp. and
Dell Road
2,384.55
Water samples
57.50
Drivers license renewal-Street Maint. 10.00
Services-Park Maint. 60.90
First aid kitAPreserve skating rink 35.09
Supplies
189.47
Supplies-Tree Disease dept.
18.00
Lime-Water dept. 3,513.42
Supplies-Engineering dept.
467.63
Racks-Liquor store
1,696.00
Expenses
18.80
Water pumping permit
10.00
Supplies-Planning dept.
11.65
Cleaning supplies-Water dept.
37.80
Services and office supplies
984.75
City's share Community Ed program
5,500.00
December expenses
102.00
December services
22.50
December ads
260.44
Maintenance supplies-Water dept. 127.68
Refund skating classes
6.00
Refund skating classes
6.00
January insurance
716.10
Equipment parts
46.09
Radio repairs-Fire dept. 35.84
163
01-12-79 2892 GROSS INDUSTRIAL SERVICES
2893 GENERAL OFFICE PRODUCTS
2894 JACK HACKING
2895 HENNEPIN COUNTY
2896 HENNEPIN COUNTY
2897 HENNEPIN COUNTY
2898 HOPKINS DODGE SALES
2899 INTERNATIONAL SOCIETY
CT ARBORICULTURE
2900 CARL JULLIE
2901 O. J. JANSKI
2902 KOKESH
2903 KRAEMER'S HARDWARE
2904 KELLY SERVICES
2905 KRAEMER'S HARDWARE
2906 KARULF HARDWARE
2907 LOCAL GOVERNMENT
INFORMATION SYSTEMS
2908 LAKE REGION MUTUAL AID
ASSN.
2909 M. E. LANE, INC.
2910 LANG, PAULY & GREGERSON
2911 LEEF BROS., INC.
2912 LUND PAINT
2913 MOODY'S INVESTORS SERVICE
2914 METRO COUNCIL
January 16, 1979
Supplies-Liquor store
Letter board-City Hall addition
Expenses
Supplies-Engineering dept.
Supplies-City garage
Prisoners board
Equipment parts
Dues-Stuart Fox
December expenses
Services-Park Planning dept.
Books-Community services dept.
Supplies
Services
Supplies
Supplies
November services
Dues for Fire dept.
Insurance
Legal services
Services
Carpet-City Hall addition
Bond rating service
Aerial photo prints-Community Service
Administration
7.78
178.50
15.75
139.00
90.96
713.00
89.46
40.00
224.00
250.00
5.90
64.80
119.20
216.41
276.52
1,382.78
10.00
1,359.00
4,973.60
103.10
62.25
1,000.00
7.10
2915
MINNESOTA RECREATION &
PARK ASSN.
2916
MINNESOTA ASSN. OF
ASSESSING OFFICIALS
2917
MINNEAPOLIS STAR
2918
MINNESOTA RECREATION AND
PARK ASSN.
2919 MATT'S AUTO SERVICE
2920 METROPOLITAN WASTE
CONTROL COMMISSION
2921 ROBERT MARTZ
2922 MEDCENTER HEALTH PLAN
2923 MINNESOTA VALLEY ELECTRIC
2924 MERIT PRINTING
2925 MEDICAL OXYGEN
2926 METROPOLITAN FIRE EQUIP.
2927 MID-CENTRAL FIRE & SAFETY
COMPANY
2928 MINNEGASCO
2929 NORTHWESTERN NATIONAL
BANK
2930 ANDREA NERHUS
2931 NORTHERN STATES POWER
2932 NORTHWESTERN BELL
2933 JAMES OLSON
2934 OSWALD FIRE HOSE
2935 OLSEN CHAIN AND CABLE CO.
Team registrations
174.00
Dues-Assessing dept.
Ads
125.00
59.67
Membership dues-Sandra Werts and Robert
Lambert 170.00
Towing services 45.00
Jan. & Feb. sewer charges 36,189.10
January expenses 140.45
January insurance 1,003.20
Street lighting membership fee 2.00
Printed forms-Building dept. 137.00
Compressed air-Fire dept. 20.34
Oxygen-Fire dept. 31.25
New fire truck equipment-Fire bond 480.69
Services 208.55
Bond service charge
60.75
Switchboard school expenses
7.30
Services
89.21
Services
1,873.74
Refund skating classes
Fire hose-Fire bond
1,700.00
5.00
18.90 Equipment parts
/94
A 1.•
January 16, 1979
01-12-79 2936 PRAIRIE OFFSET PRINTING
2937 PITNEY BOWES
293N PHYSICIANS HEATH PLA
2939 PERIM, HARVEY, SIMONS
A THORFINNSON Legal services
2940, RAPID COPY INC. Liquor V) cards
2941 '.... RADIO SHACK Intercoms-Liquor store
2942 : =NEWSPAPERS Employment ad-Public Safely dept.
2943 ',-.S0NIC ALARM CORPORATION Alarm servicerAlquor store
,2944 r:',112KOON SMITH =MANY Oil and,gasolinefar equipment 81.68-
2945 'SEARS ROEBUCK Mechanics tools for Park Maint. $1,0691
ISmwom4ter and table for Liquor store
$205 1474.12•
2946 IVRiTY Oi MINNESOTA School expenses-Joyce Holte 28.00
2947 Hydraulic fluid 109.60
29 SANDRA WERTS December expenses 19.60
2949 TRtNWAl2.,. Folding partitions-New Fire buildings 3,325.00
290 HOWARD I4EEDLES
BERGENIJOFF
- --la Final payment-Schooner Hive, .pr
2951 naRROLL-MOLLER SerVices$Wrkwtr trunk %amid Lake Arn*:, -
ASSOC.,. INC.° Well pumphoosta; sttro Count',
Vista; Eden 'View 1; Norseman Park
2nd Add.; AMC° on TM169 and Super
Value swr.
2952 BWROfh, CHRIS, INC Contract-East-West Am° Road water
main extension (Final) 9.
2953 N0OLAND45502 tATES INC. Contract-Swr-Mtr. trunk Round Lake
area Est. No. 2
2964 RicHAR0 ,0a4014 INC. tontract.St&Htr Country Vista Est.
Na. 5 _ __
2955 A & ICCONSfRUCTION, INC. Contract-Well pumphouse 43 Est. Na.
4 13.394,
2956 PROGRESSIVE CONTRACTORS Contract-TH169-494 Est. NQ. 13(Final)
2967 TOM WOW, ARCHITECT Contract-City Hall addition 1,471
2968 HENNEPIN COUNTY MARDIS
DEPT. '
2969 C.O. FIELD 0:241 A1tY
TOTAL
Services-Conmunity services Dept, 11.20
L N
Postage meter • 40.30
January insurance 4,579.89
4,506.75
1.00
69.95
66.00
182,50
144:
Certified copies of dmedc-Egnineeting IE
Services-New Fire buildings 4L4
,A7?,