HomeMy WebLinkAboutCity Council - 02/01/1983TUESDAY, FEBRUARY 1, 1983
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
EDEN PRAIRIE
CITY COUNCIL AGENDA
7:30 PM, CITY HALL
Mayor Wolfgang Penzel, Richard Anderson, George
Bentley, Paul Redpath and George Tangen
City Manager Carl J. Jullie; City Attorney
Roger Pauly; Finance Director John Frane;
Planning Director Chris Enger; Director of
CommunitN . Services Robert Lambert; Director of
Public Works Eugene A. Dietz, and Recording
Secretary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF THE CITY COUNIL MEETING HELD TUESDAY, JANUARY 18, 1983
;II. CONSENT CALENDAR
1- A. Clerk's License List
B. Approval of plans and specifications for T.H. 169 between Leona Road
and Valley View Road as prepared by Mn/DOT S.P. 2745-24) Resolution
No. 83-26
C. Approval of cooperative agreement with Mn/DOT for T.H. 169 Improvement
between Leona Road and Valley View Road -TS-78. ?745-24) Resolution
No. 83-27
D. Approval of cooperative signal construction a.greement with Mn/DOT and
Henn.gin County for T.H. 169 Project -TResolution No. 83--2/37-
E. Approval of specifications for water meter bids and authorize bids to
be received on February 24, 1983 at 10:00 AM, I.C. 52-044 (Resolution
No. 83-29T
F. Resolution No. 83-25, authorizing the sale of Tax Forfeited Lands
W. PUBLIC HEARINGS
A. ORDINANCE NO. 1-83, RELATING TO THE REGULATION, LICENSING AND USE OF
GAMBI.ING DEVICLS. (Continue from January 18, 19S7)
B. REQUEST FOR AMENDMENT TO 70NING ORDINANCE NO. 80-10, AMENDMENT TO
"DEVILNMW PLAN DATED FICRPARY 29, 19;i0, AND PRELIMINARY PLAT APPROVAL
FOR RYMARCAND CAMP 300 AUDI I loN, I OR 11 siNGI t.ors ON I .4—A-CR:TS.
Ii0-ted east Of liwy. 101, soufF of Hidden Ponds 2nd Addition. (Ordinance
No. 3 -83, amending zoning; Resolution No. 83-10, approving preliminary
plat)
Pagel
Page 2
Page 4
Page 6
Page 31
Page 48
Page 49
Page 56
Page 57
City Council Agenda - 2 - Tues.,February 1, 1983
V. PAYMENT OF CLAIMS NOS. 5824 - 6055
1. REPORTS OF ADVISORY COMMISSIONS
VII. APPOINTMENTS
A. Appointment of Assistant Weed Inspector
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. Award bids for 1983 Modular Rescue Vehicle
C. Report of City Attorney
D. Report of Director of Community Services
1. City's refund policy
IX. NEW BUSINESS
X. ADJOURNMENT.
Page 70
Page 75
Page 76
Page 78
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
CITY COUNCIL STAFF:
7:30 P.M. CITY HALL
Mayor Wolfgang Penzel, Richard Anderson,
George Bentley, Paul Redpath and George
Tangen
City Manager Carl J. Jullie; City Attorm:
Roger Pauly; Finance Director John Franc;
Planning Director Chris Enger; Director
of Community Services Robert Lambert;
Director of Public Works Eugene A. Dietz;
and Recording Secretary Shirley Hanson
TUESDAY, JANUARY 18, 1983
COUNCIL MEMBERS:
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: IX. A. 2. Petition for Stop
Sign, IX. 8. 3. Designate a voting delegate for League of Cities
Legislative Action Conference on January 26,1983, and IX. B. 4. Discussion
on Lake Ann Interceptor Sewer Construction in Chanhassen. The following item
was added to the Consent CaTETTar as item J from item VIII. A. of Agenda:
Request for a Liquor License for Kabuki Restaurant.
MOTION: Bentley moved, seconded by Redpath, to approve the
Agenda and Other Items of Business as amended and published.
Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4, 1983
MOTION: Redpath moved, seconded by Tangen, to approve the Minutes
of the City Council Meeting held Tuesday, January 4, 1983, as
published. Motion carried unanimously.
III. CONSENT CALENDAR
A. Change Order No. 1, I.C. 51-308A-1, 1-494 Bypass/Grading
B. Final Plat approval, Coachmans Landing (West of Hiawatha and
south of Village Woods Drive (formerly preliminary plat of
Pheasant Oaks 2011 Addition) Resolution No. 83-18
C. 2nd Reading of Ordinance No. 2-82, rezoning from Rural to R1-13.5
and PM 6.5, Apnroval ot Developer's Agreement for Arbor Glen,
and Adootion of Pesolution No. 83-13, Approving Summary of
Ordinance No. 2-82, and Ordering the Publication of Said
Summary for Arbor Glen. 7-8 residential units in the north-
west corner of Valley View and Baker Roads.
D. Final Plat approval for Arbor Glen (N. E. corner Valley View
Pond/Baker Pond) Resolution Nu. 83-17
City Council Minutes -2- Tues., January 18, 1983
E. Clerk's License List
F. Snowdrifters Snowmobile Club Request (Resolution No. 83-11)
G. Request Public Hearing for removal of diseased trees on
private property for 2/15/83
H. Authorization for expenditure of Community Development Block
Grant Funds for H. 0. M. E. Program (Resolution No. 83-20)
I. Approve Plans and Specifications for Arbor Glen Improvements,
and authorize bids to be received on March 1, 1983, I. C.
52-037 (Resolution No. 83-21)
J. Request for a Liguor License for Kabuki Restaurant (formerly item VIII.A.)
MOTION: Bentley moved, Redpath—ieconded, to approve items A - J
on the Consent Calendar. Notion carried unanimously.
IV. PUBLIC HEARINGS
A. Ordinance No. 1-83, relating to the regulation, licensing
and use of gambling devices
Mayor Penzel opened the Public Hearing at 8:10 P.M. City
Manager Jullie introduced the proposed ordinance. Les
Bridger from the Public Safety Department staff was
present to answer questions noting that the Department
was concerned about related alcohol consumption and drunk
driving. Vern Seek represented the American Legion.
MOTION: Bentley moved, Redpath seconded to continue this Hearing
to the first meeting in February, to ask the City Attorney to
review the section on lawful purpose, to instruct the staff to
redraft the ordinance with special attention to net proceeds and
actual monitoring costs. Motion carried unanimously.
Public Hearing closed at 8:30 P. M.
B. Towers Addition by T. Michael Carmody
Mayor Penzel opened the Public Hearing at 8:35 P.M. and asked
City Manager Jullie to introduce the matter.
Bill Dolan, Meadowood, Inc., Planners and Engineers for the
developer, presented the request for PUD District Review.
City Planner Enger reviewed the Staff Report with the
Council and the recommendations of the Planning Commission.
Park Director Lambert reported on the recommendations of
the Park and Recreation meeting of January 17, 1983.
MOTION: Redpath moved, Bentley seconded to close the Public
Hearing and adopt Resolution No. 83-22 for the PUD approval.
Motion carried unanimously.
Public Hearing closed at 8:50 P.M.
iii
City Council Minutes -3- Tues., January 18, 1983
IV. B. Towers Addition by T. Michael Carmody (Continued)
MOTION: Rcdpath moved, Bentley seconded for first reading of
Ordinance No. 2-83 for rezoning. Motion carried unanimously.
MOTION: Redpath moved, Bentley seconded to adopt resolution
No. 83-23 for preliminary plat approval. Motion carried
unanimously.
MOTION: Redpath moved, Tangen seconded to direct Staff to
prepare a developer's agreement per Commission and Staff
recommendations and any amendments thereto. Motion carried
unanimously.
C. MICRO-ED, INC.
Mayor Fenzel opened the Public Hearing at 8:55 P.M.
George Esbensen, Business Manager for MICRO-ED, INC.
was present to answer any questions. Thorwald Esbensen,
owner of the business, was also present. City Planner
Enger reported on the December 27, 1982 Planning Commission
Meeting and the recommendations made by the commission.
MOTION: Tangen moved, Anderson seconded to close the
Public Hearing and approve the request for interim use of
0.67 acres of property zoned as Rural for Office use
located at 8108 Eden Road. Motion carried unanimously.
Public Hearing closed at 9:08 P.M.
D. Edendale Retirement Residence by Twin City Christian Homes.
Mayor Penzel opened the Pubic Hearing at 9:10 P.M.
Gerald Mundt, Architect for the developers, explained the
proposed retirement residence to the Council and introduced
Bruce Farrington, President of Twin City Christian Homes.
Planner Engernndewed the recommendations of the Planning
Commission and Director Lambert reviewed the Park and
Recreation recommendations with the Council.
MOTION: Redpath moved, Bentley seconded to close the Public
Hearing and adopt Resolution No. 83-24 approving the
PUD amendment for Edendale. Motion carried unanimously.
MOTION: Redpath moved, Tangen seconded to instruct the
staff to prepare an agreement to include the recommendations
from the Planning Staff report of December 10, 1982,
and waiving the cash park fees for this project. Staff was also directed
to prepare a memo describing an appropriate policy for waiver of cash
park fees. Motion carried unanimously.
Public Hearing closed at 9:25 P.M.
le
City Council Minutes -4- UCS., oanuaLy 10,
V. PAYMENT OF CLAIMS NOS. 5605 - 5823
MOTION: Redpath moved, Bentley seconded to approve the
Payment of Claims Nos. 5605 - 5823. Roll call vote:
Anderson, Bentley, Redpath, Tangen and Penzel voted "aye".
Motion carried unanimously.
VI. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
VII. APPOINTMENTS
A. South Hennepin Human Services 0buncil
MOTION: Redpath moved, Bentley seconded to appoint Mary
Hayden as Consumer Representative to serve a two-year
term commencing 2/1/83 on the South Hennepin Human Services
Council. Motion carried unanimously.
MOTION: Redpath moved, Bentley seconded to appoint
Councilman Anderson as Council Representative to fill un-
expired term to 1/31/84. Motion carried unanimously.
B. NAFTA Board
MOTION: Redpath moved, Bentley seconded to appoint
George Kissinger as WAFTA citizen representative for
one full year commencing 1/1/83. Motion carried
unanimously.
C. Suburban Rate Authority
MOTION: Bentley moved, Redpath seconded to appoint
John Franc and George Tangen as Director and Alternate
Director for 1983 (Resolution No. 83-16). Motion carried
unanimously.
D. Appointment for City Attorney for 1983
Redpath moved, Bentley seconded to retain Roger Pauly
and the Lang, Pauly & Gregerson, Ltd. law firm as City
Attorney for 1983 with the change in fees requested.
Roll call vote: Anderson, Bentley, Redpath, Tangen
and Penzel voted "aye". Motion carried unanimously.
VIII. PETITIONS, RFOUESPS & COMMUNICATIONS
A. Request for a Liquor License for Kabuki Restaurant (Continued from
January 4, 1983 -) ibis item was moved to the Consent Calendar (item
111.T.).
B. Request for Final Plat approval for Shady Oak Industrial
Park 6th Addition by Richard Anderson of 7.3 acres for two
lots, formerly portionr of illady Oak Industrial Park 3rd
W151MT(T777o)ution No. 83-09)
Bentley moved, Redpath seconded to approve Resolution No.
83-09 subject to the resolution of the recording of deed.
Motion carried unanimously.
City Council Minutes -5- Tues., January 18, 1983
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Suggestions for Long Range City Goals
Mayor Penzel addressed the first item on the Memorandum
from Manager Jullie regarding increasing efficiency.
He outlined a program - The Quality Circle - which
would involve employees of all levels, using a half
hour weekly to meet and put together changes for the
benefit of all. At this point Redpath suggested
that Council move on with the Agenda and come back to
this matter.
2. Petition for permanent stop sign at the southbound
intersection of Mitchell Road and Scenic Heights Road
MOTION: Redpath moved, Anderson seconded for the City
to erect a permanent stop sign on the southbound corner
of Mitchell Road and Scenic Heights. Motion carried
unanimously.
B. Report of City Manager
1. Cable TV Service Area
Manager Jullie brought Council up-to-date referring
to his January 14, 1983 memo and introduced Ralph Camp-
bell who was representing the Southwest Suburban
Cable Commission. Also present from Commission were
Attorney Adrian Herbst, Gary Matts and Dottie Riet(mfrom
Gablesystems.
Manager Jullie asked Council to add the Cove Subdivision
and the Golden Ridge Subdivision to the areas not covered for
initial service and not mentioned in his memo.
Mr. Campbell explained that most of Eden Prairie is part
of the initial service area, that is, areas where there
are 40 or more homes per mile and that are presently
being served by City sewer and water. These homes
would enjoy uniform installation and uniform monthly rates.
However, in areas with lesser density the homes would
fall under the line extension policy and would have
greater installation charges, but uniform monthly rates.
Councilman Redpath felt the Cable Commission was doing
a fair job and that Eden Prairie should not impede progress
for other four cities involved.
Councilman Bentley felt the areas not served would fall
naturally into service as they developed, that in general the
proposal was good but that the subdivisions not included
should be looked at for initial service.
/0
City Council Minutes -6- Tues., January 18, 1983
IX. B. 1. Cable TV Service Area (Continued)
MOTION: Redpath moved, and Bentley seconded, to refer the
matter back to the Southwest Suburban Cable Commission for
consideration of the compromise proposal from Cablesystems,
and also requesting further review and consideration by the
Commission and Cablesystems to provide cable service to the "Cove"
and "Golden Ridge" subdivisions. Motion carried unanimously.
2. Redraft of amended permit for Flying Cloud Sanitary Landfill
Council members were concerned about lack of City control,
about testing involved with the PCA and the landfill,
about compliance by the PCA to commitments.
MOTION: Rcdpath moved, Bentley seconded to direct the
City Manager to write to the PCA indicating our position
that City is accepting PCA decision reluctantly, that
City will require complete compliance regarding testing
and stating general unhappiness of City Council in this
matter. Motion carried unanimously.
3. Desianate a voting deleaate for League of Cities Legislative Action
Conference on January 26, 1983
MOTION: Tangen moved, Bentley seconded, to appoint John Frane as
voting delegate to legislative action conference. Motion carried
unanimously.
4. Discussion on Lake Ann Interceptor Sewer Construction in Chanhassen
Director of Public Works Gene Dietz explained the proposed changes to
the sewer trunk line system in Chanhassen by the Metropolitan Council.
Penzel noted that the changes were directly opposed to the City's long
range expected development and a breach of a twenty-year old promise
to the City for development of the southwestern segment of Hennepin
County. Bentley felt the City should object strongly as it is extremely
dangerous to the City's growth pattern. Dietz will review the Staff
Report he had been provided by Metro Council and advise the Metro
Council of our concerns in this matter.
C. Report of Director of Community Services
1. Report on Edenvale Park Dedication
Director of Community Services Bob Lambert covered his memo of 1/13/83
to the Council regarding park land dedication. Council instructed
the Staff to make knowr that Council desires resolution in the near
future of this matter and certainly prior to their next land
development approval. Matter was referred to Attorney Pauly's
office.
/ 6
City Council Minutes -7- Tues., January 18, 1983
IX. D. Report of Director of Public Works
1. Special Assessment Agreement - Sundquist Addition
(S. E. Corner of Valley View Road/Baker Road)
Resolution No. 83-19
MOTION: Redpath moved approval of Resolution No. 83-19,
Anderson seconded. Motion carried unanimously.
A. 1. Suggestions for Long Range City Goals (Continued) '
City Council member Tangen suggested that the matter be
tabled for possibly a special meeting to handle the
subject matter at length. In the meantime, Council members
are to submit their suggestions to Staff.
X. NEW BUSINESS
There was no new business.
XI. ADJOURNMENT
Tangen moved and Redpath seconded to adjourn the meeting at
11:06 P.M. Notion carried unanimously.
ic
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
February 1, 1983
CONTRACTOR (MULTI-FAMILY & COMM.)
GAS FITTER
Bolles Construction, Inc.
Robert Compton, Inc.
C. F. Haglin & Sons Co.
Knutson Construction Co.
D. J. Kranz Co., Inc.
Richard Miller Homes, Inc.
M. A. Mortenson Co.
Scottom, Inc.
CONTRACTOR (1 & 2 FAMILY)
Denco Home Builders
Developers Construction, Inc.
Elfering Construction Co.
Finnamore Building Corp.
Freudenberg Construction
Hipps Construction
Riverwood Construction
Shepard Construction, Inc.
Al Seiben Construction
T & E Construction
Waters, Cluts & O'Brien Const.
PLUMBING
Associated Mechanical Contractors
Backdahl & Olson Plumbing
Berghorst Plumbing & Heating
Blaylock Plumbing Co.
Lance Coppin Sewer & Water
Dahlquist Plumbing
Doody, Inc.
Wm. L. Gadtke Plumbing, Inc.
Hayes Contractors
Hoglund Mechanical Contractors
K's Mechanical & Excavating
J. R. Kelly Plumbing & Heating
Key Plumbing & Heating
London Plumbing Company, Inc.
Madsen Plumbing & Heating
Nieman Plumbing & Heating
John Scherer Plumbing
Seitz Bros., Inc.
Advanced Heating & Air Conditioning, Inc.
Associated Mechanical Contractors
Cedar Valley Heating & Air Cond.
Hoglund Mechanical Contractors
Master Heating & Cooling
Northeast Sheet Metal
Standard Heating & Air Cond.
HEATING & VENTILATING
Advanced Heating & Air Cond.
Allan Heating & Air Cond.
Associated Mechanical Contractors
Cedar Valley Heating & Air Cond.
General Sheet Metal
Gopher Heating & Sheet Metal, Inc.
Hoglund Mechanical Contractors, Inc.
Master Heating & Cooling
Minnesota Mechanical, Inc.
Northeast Sheet Metal
Northwestern Service, Inc.
O'Keefe Mechanical, Inc.
Standard Heating & Air Cond.
MECHANICAL GAMES
Advance Carter
Servomation Corporation
3.2 Beer Off Sale
Eden Prairie Grocery
CIGARETTES
ARA Services
Canteen Co. of Minnesota, Inc.
Eden Prairie Grocery
Sirvend, Inc.
Superamerica
THEATRE
United Artists (Eden Prairie Center)
CLERK'S LICENSE APPLICATION LIST
page two
REFUSE COLLECTOR
Browning Ferris
Buckingham Disposal
SOLICITORS LICENSE
James E. Sutter (Shade Trees)
Terri Keith Wigant (Firewood)
PRIVATE KENNEL LICENSE
Judy Bersie
TYPE B FOOD
W. Gordon Smith Co.
TYPE .0 FOOD
Eden Prairie Grocery
VENDING
Barter Exchange
Canteen Co. of Minnesota
CPT Corporation
Powers Dept. Store
Royal Crown Beverage Co.
W. Gordon Smith Co.
These licenses have been approved by the department heads responsible for
ithe 'Hun ed activity.
Pat Solie, Licensing
MEMORANDUM
TO: Mayor Penzel and City Council Members
THROUGH: Carl Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works
DATE: January 25, 1983
RE: Improvement of TN 169 by Mn/DOT
Project Number 51-308 B
Included on the February 1, 1983, City Council Agenda are three resolutions
which deal with the improvement of TH 169 by the Minnesota Department of
Transportation (Mn/DOT). The project consists of reconstructing TH 169
between Leona Road and Valley View Road along with the new construction of
a pair of bridge ., over 1-494.
The first resolution 83-26 would approve the plans and specifications for
that proposed construction.
Resolution 83-27 would approve the cooperative agreement with Mn/DOT for the
construction of the project. Although Mn/DOT will pay for almost the entire
project costs, they do expect City participation in the usual items such as
water main, sanitary sewer, curb and gutter, and bike path construction. The
estimated cost for these items is $98,447.79. The extent of the City partici-
pation is consistent with past policy and the items proposed by Mn/DOT are
consistent with the overall Major Center area roadway transportation plan.
The final resolution, 83-28, is a cooperative signal agreement between Mn/DOT,
Hennepin County, and the City of Eden Prairie. The proposed signals will
include revisions to the signals at the ramp terminals to 1-494 at TH 169, and
at CSAH 39. In conjunction with the signals, street lighting will be provided
and the signals will be interconnected. The City of Eden Prairie has an
estimated total project cost of $41,960.95. Upon completion, the City will be
required to provide the electrical costs, maintain the luminaires, relamp the
traffic control signals and street lights, and clean and paint the traffic
control signals, etc. This is the standard provisions in all of our signal
agreements with Hennepin County and Mn/DOT.
Recommend approval of all three resolutions for the improvement to TH 169 as
proposed by Mn/DOT.
EAD:sg
February 1, 1983
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNSOTA
RESOLUTION NO. R83-26
APPROVING OF PLANS FOR TH 169 FROM
LEONA ROAD TO VALLEY VIEW ROAD
WHEREAS, the Minnesota Department of Transportation has prepared
plans showing proposed alignment, profiles, grades and cross sections for
the improvement of TH 169 between Leona Road and Valley View Road, Project
No. 2745-24;
WHEREAS, the City of Eden Prairie has reviewed the plans; and
WHEREAS, the City of Eden Prairie finds the plans to be consistent
with the road improvements proposed in Development District #1 for an
Economic Development District.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL
that said final plans be approved and that the Minnesota Department of
Transportation be requested to Proceed to the construction phase of the
project.
ADOPTED by the Eden Prairie City Council on February 1, 1983.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
5
Mn/DOT 21232 (9-80) 61223
CITY OF EDEN PRAIRIE
ALSOLUTION R83-27
BE IT RESOLVED that the City of Eden Prairie enter into Agreement No. 61223
with the State of Minnesota, Department of Transportation for the following
purposes, to-wit: to provide for payment by the City to the State of the
City's share of the costs of the storm sewer, sanitary sewer and water main
facilities, concrete curb and gutter and bituminous bike path construction
to be performed upon, along and adjacent to Trunk Highway No. 169 from Engineer
Station N.B. 402186.92 (Leona Road) to Engineer Station N.B. 210+06.65 (County
Road No. 39 and Valley View Road) within the corporate City limits under
State Project No. 2745•24 (T.H. 169=5).
BE IT FURTHER RESOLVED that the proper City . Officers are hereby authorized
and directed to execute such agreement.
Wolfgang H. Penzel, Mayor
John D. Frane, Clerk
CERTIFICATION
State of Minnesota
County of Hennepin
City of Eden Prairie
I herby certify that the foregoing Resolution is a true and correct copy of
the resolution presented to and adopted by the Council . of the.City_of Eden
Prairie at a duly authorized meeting thereof held on the 1 day of February,
1983, as shown by the minnutes of said meeting in my possession.
City Clerk
DESIGN STATE OF MINNESOTA
AGREEMENT NO.
DEPATENT OF TRANSPOPTATION
COOPEPATIVE CONSTRUCTION
MREEMENT
61223
S.P. 2745-24 (T.H. 169=5)
(State Funds)
Agreement between
The State of Minnonota
DepartnIont of Trannuortation, and
The Cil of Edon Prairie
Re; City eon CL partiolpAtion sewer and
water main, curb and gutter and bike
path conntruction by the State on
T.H. 169 from Leona Rd. to Co. Rd. 39
AMOUNT ENCUMBERED
(None)
ESTIMATED AMOUNT
RECEIVABLE
$98,447.70
THIS AGREEMENT made and entered into by
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f
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r
t
h
;
a
n
d
WHEnAS the cost participation in th
e
c
o
n
s
t
r
u
c
t
i
o
n
a
n
d
r
e
v
i
s
i
o
n
o
f
several traffic control signal syste
m
s
t
o
b
e
p
e
r
f
o
r
m
e
d
u
n
d
e
r
s
a
i
d
state project will be covered under
T
r
a
f
f
i
c
C
o
n
t
o
l
S
i
g
n
a
l
A
g
r
e
e
m
e
n
t
No. 61217 between the State, the Cit
y
a
n
d
t
h
e
C
o
u
n
t
y
o
f
H
e
n
n
o
p
i
n
,
Minnesota.
IT IS, THERITOU, MUTUALLY AGREED AS
F
O
L
L
O
W
S
:
ARTICLE I - COHSTRUCTION BY THE STATE
The State shall, in connection with
t
h
e
a
w
a
r
d
o
f
a
c
o
n
s
t
r
u
c
t
i
o
n
c
o
n
-
tract, administration of said contra
c
t
a
n
d
t
h
e
p
e
r
f
o
r
m
a
n
c
e
o
f
c
o
n
-
struction engineering for State Proj
e
c
t
N
o
.
2
7
4
5
-
2
4
(
T
.
H
.
1
6
9
=
5
)
,
d
o
and perform the following:
-2-
7
61223
(Item 1.) Duly advertise for bids and award a contract to the lo
w
e
s
t
responsible bidder for the Trunk Highway No. 169 construction of
grading, surfacing, bike path, traffic signals, Bridge No. 27762
a
n
d
other associated construction work items in accordance with State
plans, specifications and special provisions bearing the above s
t
a
t
e
project number designation and which are on file in the office of
the Commissioner of Transportation at St. Paul, Minnesota, and a
r
e
made a part hereof by reference with the same force and effect as
though fully set forth herein; and
(Item 2.) Direct and supervise all construction activities perf
o
r
m
e
d
under said state project, and perform all construction engineer
i
n
g
and inspection functions necessary for the satisfactory completi
o
n
o
f
said state project construction; and
(Item 3.) Make such changes in plans or in the character of the
w
o
r
k
for said state project construction, including the city cost pa
r
t
i
c
i
-
pation construction hereunder, which are reasonably necessary t
o
c
a
u
s
e
said state project construction to be in all things performed
a
n
d
completed in a sat.isfactory manner, and to that end and as supplemental
to any contract let for the construction of said state project,
t
o
enter into any change orders or supplemental agreements with the
S
t
a
t
e
'
s
contractor for the performance of any extra work occasioned by
any
necessary, advantageous or desirable changes in plans. However,
t
h
e
Dil .,trict Engineer of the Minnesota Department of Transportation
at
-3-
61223
Golden Valley or his duly authorized representative will info
r
m
t
h
e
City Engineer or other appropriate City official of any propos
e
d
change order or supplement to the construction contract which
w
i
l
l
affect the city cost participation hereunder; and
(Item 4.) Do and perform all other acts and functions neces
s
a
r
y
t
o
cause said state project to be completed in a satisfactory ma
n
n
e
r
.
ARTICLE IT - BASIS OF PAYMENT BY THE CITY
Section A. Construction Costs
The City shall pay to the State, as the City's full share of
t
h
e
costs of certain storm sewer, sanitary sewer and water main
f
a
c
i
l
i
t
i
e
s
,
concrete curb and gutter and bituminous bike path construct
i
o
n
t
o
b
e
performed upon, along and adjacent to Trunk Highway No. 169
w
i
t
h
i
n
the corporate City limits under State Project No. 2745-24 (T.H
.
1
6
9
=
5
)
in accordance with Article I hereof, the following city cost
p
a
r
t
i
c
i
-
pation percentages of the costs of the construction described
b
e
l
o
w
under "CITY COST PARTICIPATION CONSTRUCTION" and of the costs
o
f
a
n
y
contract change orders or supplemental agreements which may b
e
necessary to complete the said city cost participation constr
u
c
t
i
o
n
and the costs of any settlements of claims made with the Sta
t
e
'
s
contractor in connection with said city cost participation c
o
n
s
t
r
u
c
-
tion.
Said payment by the City hereunder of the City's share of co
n
s
t
r
u
c
t
i
o
n
10
61223
costs shall be based on the final qua
n
t
i
t
i
e
s
o
f
c
i
t
y
c
o
s
t
p
a
r
t
i
c
i
p
a
-
tion construction work items performe
d
m
u
l
t
i
p
l
i
e
d
b
y
t
h
e
a
p
p
r
o
p
r
i
a
t
e
unit prices contained in the construc
t
i
o
n
c
o
n
t
r
a
c
t
t
o
b
e
a
w
a
r
d
e
d
b
y
the State in accordance with Article
I
h
e
r
e
o
f
a
n
d
/
o
r
m
u
l
t
i
p
l
i
e
d
b
y
the appropriate unit prices containe
d
i
n
a
n
y
s
u
p
p
l
e
m
e
n
t
a
l
a
g
r
e
e
m
e
n
t
s
to the State's contract which provid
e
f
o
r
c
i
t
y
c
o
s
t
p
a
r
t
i
c
i
p
a
t
i
o
n
construction.
Attached hereto, made a part hereof by
r
e
f
e
r
e
n
c
e
a
n
d
m
a
r
k
e
d
S
C
H
E
D
U
L
E
"I", is a preliminary construction co
s
t
e
s
t
i
m
a
t
e
f
o
r
m
w
h
i
c
h
l
i
s
t
s
all of the anticipated city cost part
i
c
i
p
a
t
i
o
n
c
o
n
s
t
r
u
c
t
i
o
n
a
n
d
construction engineering items to be performed hereunder. Also
attached hereto, made a part hereof
b
y
r
e
f
e
r
e
n
c
e
a
n
d
m
a
r
k
e
d
E
X
H
I
B
I
T
"A", arc two color coded sheets which show
a
n
d
/
o
r
d
e
s
c
r
i
b
e
a
l
l
o
f
the anticipated city cost participat
i
o
n
c
o
n
s
t
r
u
c
t
i
o
n
o
f
s
t
o
r
m
s
e
w
e
r
facilities to be performed hereunder.
It is hereby understood and agreed th
a
t
a
n
y
a
n
d
a
l
l
l
i
q
u
i
d
a
t
e
d
d
a
m
a
g
e
s
assessed the State's contractor in co
n
n
e
c
t
i
o
n
w
i
t
h
t
h
e
w
o
r
k
p
e
r
f
o
r
m
e
d
under said state contract shall resul
t
i
n
a
c
r
e
d
i
t
s
h
a
r
e
d
b
y
t
h
e
State and the City in the same propor
t
i
o
n
a
s
t
h
e
i
r
r
e
s
p
e
c
t
i
v
e
t
o
t
a
l
cost share of construction contract
w
o
r
k
i
s
t
o
t
h
e
t
o
t
a
l
c
o
n
t
r
a
c
t
cost without any deduction for liquida
t
e
d
d
a
m
a
g
e
s
.
-5-
II
61223
CTTY,„.(707_PARTTC1.PATION CON TRy7TION
40 PEITTINT shall be the City's rate of cost participation in all of
the following construction to be performed upon, along and adjacent
to Trunk Highway No. 169 within the corporate City limits under State
Project No. 2745-24 (T.H. 169=5):
(1) All of the removal of curb and gutter and the construction of
concrete curb and gutter and its base to be performed along the
westerly and northerly side of Trunk Highway No. 169 from Engineer
Station N.B. 402+86.92 (Leona Road) to the Trunk Highway No. 494
southwest right of way limits (Engineer Station N.B. 408+60) and
from the Trunk Highway No. 494 northeast right of way limits (Engi-
neer Station N.B. 416+60) to Engineer Station N.B. 203+50 ( a point
approximately 400 feet northeast of Media Lane) and along the easterly
and southerly side of Trunk Highway No. 169 from Engineer Station N.B.
402+86.92 (Leona Road) to the Trunk Highway No. 494 southwest right
of way limits (Engineer Station N.B. 408+60) and from the Trunk High-
way No. 494 northeast right of way limits (Engineer Station N.B.
416+60) to Engineer Station N.B. 210+06.65 (County Road No. 39 and
Valley View Road); and
(2) All of the removal and construction of concrete walk to be per-
formed in the northwest quadrant of the Trunk Highway No. 169-Leona
Road intersection; and
-6-
61223
(3) All of the cooperative joint-use storm sewer facilities constr
u
c
-
tion to be performed upon and along Trunk Highway No. 169 as s
h
o
w
n
and/or described in "Green" color on the attached EXHIBIT "A".
75 PETTET:T shall be the City's rate of cost participation in all of the
following construction to be performed along and adjacent to
t
h
e
e
a
s
t
e
r
l
y
and southerly side of the Trunk Highway No. 169 roadway withi
n
t
h
e
corpolate City limits from Engineer Station N.B. 402+86.92 (L
e
o
n
a
Road) to the Trunk Highway No. 494 southwest right of way lim
i
t
s
(Engineer Station N.B. 408+60) and from the Trunk Highway No.
4
9
4
northeast right of way limits (Engineer Station N.B. 416+60)
t
o
E
n
g
i
-
neer Station N.B. 210+06.65 (County Road No. 39 and Valley Vi
e
w
R
o
a
d
)
under State Project No. 2745-24 (T.H. 169=5):
(1) All of the bituminous surfacing used in the bituminous bike
p
a
t
h
construction; and
(2) All of the sodding placed between the Trunk Highway No. 169 ro
a
d
w
a
y
and said bituminous bike path.
100 PrITMT shall be the City's rate of cost participation in all of
the water main facilities and sanitary sewer facilities constr
u
c
t
i
o
n
to be performed upon, along and adjacent to Trunk Highway No.
1
6
9
within the corporate City limits under State Project No. 2745
-
2
4
(Tin. 169=5).
-7-
'3
61223
Section P. Prorated Construction Costs
In addition, said payment by the City shall
a
l
s
o
i
n
c
l
u
d
e
t
h
e
C
i
t
y
'
s
prorated shares of the contract costs of Ite
m
s
N
o
.
2
0
2
1
.
5
0
1
"
M
o
b
i
l
i
-
zation", No. 2031.501 "Field Office", No. 20
3
1
.
5
0
3
"
F
i
e
l
d
L
a
b
o
r
a
t
o
r
y
"
,
No. 2051.501 "Maintenance and Restoration of
H
a
u
l
R
o
a
d
s
"
a
n
d
N
o
.
563.601 "Traffic Control" as set forth in sai
d
a
t
t
a
c
h
e
d
S
C
H
E
D
U
L
E
"I".
The aforesaid items are not included in the a
b
o
v
e
d
e
s
c
r
i
b
e
d
c
i
t
y
c
o
s
t
participation construction work item costs.
S
u
c
h
a
d
d
i
t
i
o
n
a
l
p
a
y
m
e
n
t
represents the City's proportionate shares of
t
h
e
m
o
b
i
l
i
z
a
t
i
o
n
,
f
i
e
l
d
office, field laboratory, maintenance and res
t
o
r
a
t
i
o
n
o
f
h
a
u
l
r
o
a
d
s
and traffic control costs incurred in connect
i
o
n
w
i
t
h
t
h
e
a
f
o
r
e
s
a
i
d
city cost participation construction.
Section C. Construction Engineering Costs
Said payment by the City shall also include
a
n
a
m
o
u
n
t
e
q
u
a
l
t
o
8
p
e
r
-
cent of the City's final total share of cons
t
r
u
c
t
i
o
n
c
o
s
t
s
a
s
d
e
t
e
r
-
mined in accordance with Sections A. and B.
a
b
o
v
e
,
a
s
t
h
e
C
i
t
y
'
s
proportionate share of construction engineer
i
n
g
c
o
s
t
s
i
n
c
u
r
r
e
d
b
y
t
h
e
State in connection with said city cost part
i
c
i
p
a
t
i
o
n
c
o
n
s
t
r
u
c
t
i
o
n
.
ARTICLF TIT - PAYMENT RY TUE CITY
Section A. Pstimate and Advancement of the City's Cost Share
It is estimated, for accounting purposes, that the
p
a
y
m
e
n
t
by the
-8-
61223
City of its share of costs of comtruction work to be perfo
r
m
e
d
b
y
the State hereunder which includes the City's shares of the
p
r
o
r
a
t
e
d
items "Mobilization", "Field Of "Field Laboratory", "Maintenance
and Restoration of Haul Roads" and "Traffic Control" plus
t
h
e
8
p
e
r
-
cent construction engineering cost share is the sum of $98
,
4
4
7
.
7
9
a
s
shown in the attached SCHEDULE "I". The State shall, when
a
c
o
n
s
t
r
u
c
•
tion contract is awarded which includes the city cost part
i
c
i
p
a
t
i
o
n
construction work to be performed hereunder, prepare a rev
i
s
e
d
S
C
H
E
D
U
L
E
"I" based on the construction contract unit prices and sub
m
i
t
a
c
o
p
y
of said revised SCHEDULE "T" to the City. The City agrees
t
o
a
d
v
a
n
c
e
to the Commissioner of Transportation an amount equal to t
h
e
C
i
t
y
'
s
total cost share as set forth in said revised SCHEDULE "I"
b
e
i
t
m
o
r
e
or less than said sum or $98,447.79 forthwith upon the ex
e
c
u
t
i
o
n
o
f
this agreement and upon receipt of a request from the State
f
o
r
s
u
c
h
advancement of funds.
Section B. Fin;;] Payment hy the City
It is contemplated that all of the construction work to be
p
e
r
f
o
r
m
e
d
under said state construction contract is to be done on a u
n
i
t
p
r
i
c
e
basis. Upon the completion and acceptance of the work prov
i
d
e
d
f
o
r
in said contract by the State and the preparation by the S
t
a
t
e
o
f
a
final estimate computing and determining the amount due th
e
c
o
n
t
r
a
c
t
o
r
performing the work, the Commissioner of Transportation sh
a
l
l
d
e
t
e
r
-
mine and compute the amount due the Trunk Highway Fund of
t
h
e
S
t
a
t
e
61223
of Minnesota from the City for the said city co
s
t
p
a
r
t
i
c
i
p
a
t
i
o
n
c
o
n
-
struction work as sot forth hereunder. After th
e
C
o
m
m
i
s
s
i
o
n
e
r
o
f
Transportation determines the actual amount due
f
r
o
m
t
h
e
C
i
t
y
,
h
e
shall apply on the payment thereof as much as m
a
y
b
e
n
e
c
e
s
s
a
r
y
o
f
the aforesaid funds advanced by the City. If t
h
e
a
m
o
u
n
t
f
o
u
n
d
d
u
e
from the City shall be less than the amount of
t
h
e
f
u
n
d
s
a
d
v
a
n
c
e
d
,
then, and in that event, the balance of said a
d
v
a
n
c
e
d
f
u
n
d
s
s
h
a
l
l
b
e
returned to the City without interest. If the
a
m
o
u
n
t
f
o
u
n
d
d
u
e
f
r
o
m
the City shall exceed said amount of funds adv
a
n
c
e
d
,
t
h
e
C
i
t
y
a
g
r
e
e
s
to promptly pay to the State the difference be
t
w
e
e
n
s
a
i
d
a
m
o
u
n
t
f
o
u
n
d
due and said amount of funds advanced.
Pursuant to Minn. Stat. Sec. 15.415, the State w
a
i
v
e
s
c
l
a
i
m
f
o
r
a
n
y
amounts loss than $2.00 over the City payment f
u
n
d
s
e
a
r
l
i
e
r
r
e
c
e
i
v
e
d
by the State, and the City waives claim for the
r
e
t
u
r
n
o
f
a
n
y
a
m
o
u
n
t
s
less than $2.00 of such funds advanced by the C
i
t
y
.
Section C. Acceptance of City's Final Cost Sha
r
e
a
n
d
o
f
C
o
m
p
l
e
t
e
d
Construction
It is understood and agreed that the aforesaid
c
o
m
p
u
t
a
t
i
o
n
a
n
d
d
e
t
e
r
-
mination by the Commissioner of Transportation
o
f
t
h
e
a
m
o
u
n
t
d
u
e
f
r
o
m
the City hereunder shall he final, binding and
c
o
n
c
l
u
s
i
v
e
.
I
t
i
s
further agreed that the acceptance by the Stat
e
o
f
t
h
e
c
o
m
p
l
e
t
e
d
c
o
n
-
struction work provided for in said State plan
s
d
e
s
i
g
n
a
t
e
d
a
s
S
t
a
t
e
-1 0-
61223
Project No. 2745-24 (P.H. 169=5) and performed
u
n
d
e
r
c
o
n
t
r
a
c
t
l
e
t
b
y
the State shall be final, binding and conclus
i
v
e
u
p
o
n
t
h
e
C
i
t
y
a
s
t
o
the satisfactory completion of said work.
ARTICLE TV - C.PNT:TnT, MZOVISIONS
Section A. Plan Cha,LIL!i
The City may by a duly adopted City Council r
e
s
o
l
u
t
i
o
n
r
e
q
u
e
s
t
a
change or changes in the plan for State Project
N
o
.
2
7
4
5
-
2
4
(
T
.
H
.
169=5) construction to be performed hereunder
i
n
o
r
d
e
r
t
o
s
a
t
i
s
f
a
c
-
torily complete the aforesaid city cost partici
p
a
t
i
o
n
c
o
n
s
t
r
u
c
t
i
o
n
,
and if the State determines that said requeste
d
p
l
a
n
c
h
a
n
g
e
o
r
c
h
a
n
g
e
s
are necessary and/or desirable, the State will
c
a
u
s
e
s
u
c
h
c
h
a
n
g
e
o
r
changes in plan to be made and appropriately a
l
t
e
r
t
h
e
a
f
f
e
c
t
e
d
contract construction.
Section B. ReDlaccment of Castings
In connection with the adjustment of inplace
f
r
a
m
e
a
n
d
r
i
n
g
c
a
s
t
i
n
g
s
and valve boxes and the salvaging and install
a
t
i
o
n
o
f
h
y
d
r
a
n
t
s
,
g
a
t
e
valves and air release valves to be performed
b
y
t
h
e
S
t
a
t
e
'
s
c
o
n
-
tractor under State Project No. 2745-24 (T.H.
1
6
9
=
5
)
c
o
n
s
t
r
u
c
t
i
o
n
,
the City hereby agrees to furnish the State's
c
o
n
t
r
a
c
t
o
r
w
i
t
h
n
e
w
units and/or parts therefor when replacements
a
r
e
r
e
q
u
i
r
e
d
,
w
i
t
h
o
u
t
cost or expense to the State or the State's co
n
t
r
a
c
t
o
r
,
e
x
c
e
p
t
i
n
g
replacements required of units and/or parts br
o
k
e
n
o
r
d
a
m
a
g
e
d
b
y
the State's contractor.
61223
Section C. A0ditional Drainage
it is hereby understood and agreed that, upon the satinfactory com-
pletion of State Project No. 2745-24 (T.H. 169=5) construction, neit
h
e
r
party to this agreement shall drain any additional areas into the
storm sewer facilities constructed under said state project that ar
e
not included in the drainage areas for which said storm sewer facil
i
-
ties were designed without first obtaining permission to do so from
the other party.
Section D. Maintenance
It is hereby understood and agreed that, upon the satisfactory com-
pletion Of State Project No. 2745-24 (T.H. 169=5) construction, th
e
City shall theraftor properly maintain, without cost or expense to
the State, all of the concrete walk located in the northwest quadrant
'
of the Trunk Highway No. 169-Leona Road intersection and along the
right side of Free Right Turn Lane C in the west quadrant of the
Trunk Highway No. 169-County Road 39 intersection constructed under
said state project. Said maintenance shall be understood to include
,
but not limited to, snow and debris removal and any other maintenanc
e
activities necessary to perpetuate said concrete walk in a safe and
usable condition.
It is hereby understood and agreed that, upon the satisfactory com
-
pletion of the bituminous bike path constructed under State Project
-12-
ig
61223
No. 2745-24 (T.H. 169.,5), the City shall thereafter properly maintain,
without cost or expense to the State, said bituminous hike path
a
n
d
all of the facilities a part thereof. Said maintenance shall be
understood to include, but not be limited to, debris and snow re
m
o
v
a
l
,
mowing, brush removal, painting of stripes and stencils and any
o
t
h
e
r
maintenance activities necessary to keep said bituminous bike p
a
t
h
i
n
a safe and usable condition.
Section E. Bituminous Bike Path Operation, Repair and Recon
s
t
r
u
c
t
i
o
n
It is hereby understood and agreed that, upon the satisfactory com-
pletion of the bituminous bike path constructed under State Proje
c
t
No. 2745-24 (T.H. 169=5) the City shall thereafter, without cos
t
or expense to the State, assume the complete responsibility for t
h
e
operation of said bituminous hike path which includes the rules
and
regulations governing its use and the enforcement of those rules
a
n
d
regulations; and that the State has no further obligation or res
p
o
n
-
sibility for the operation of said bituminous bike path after th
e
same has been constructed.
It is hereby understood and agreed that, upon the satisfactory
c
o
m
-
pletion of the bituminous bike path constructed under State Pro
j
e
c
t
No. 2745-24 (T.H. 169=5), the City shall thereafter, without co
s
t
or expense to the State, assume the complete responsibility for
t
h
e
repair and reconstruction of said bituminous bike path except f
o
r
-13-
61223
that portion which is on Trunk Highway No. 169 Bridge No. 27762 over
Trunk Highway No. 494; and that the State has n
o
f
u
r
t
h
e
r
o
b
l
i
g
a
t
i
o
n
or responsibility for the repair and reco
n
s
t
r
u
c
t
i
o
n
o
f
s
a
i
d
b
i
t
u
m
i
n
o
u
s
bike path after the same has been constr
u
c
t
e
d
.
Scctinn P. Claims
it is hereby understood and agreed that
a
n
y
a
n
d
a
l
l
e
m
p
l
o
y
e
e
s
o
f
t
h
e
State and all other persons employed by
t
h
e
S
t
a
t
e
i
n
t
h
e
p
e
r
f
o
r
m
a
n
c
e
of the construction and/or construction e
n
g
i
n
e
e
r
i
n
g
w
o
r
k
o
r
s
e
r
v
i
c
e
s
required or provided for under this agree
m
e
n
t
s
h
a
l
l
n
o
t
b
e
c
o
n
s
i
d
e
r
e
d
employees of the City and that any and al
l
c
l
a
i
m
s
,
t
h
a
t
m
a
y
o
r
m
i
g
h
t
arise under the Worker's Compensation Act
o
f
t
h
e
S
t
a
t
e
o
f
M
i
n
n
e
s
o
t
a
on behalf of said employees while so enga
g
e
d
a
n
d
a
n
y
a
n
d
a
l
l
c
l
a
i
m
s
made by any third parties as a consequenc
e
o
f
a
n
y
a
c
t
o
r
o
m
i
s
s
i
o
n
o
n
the part of said State employees while so
e
n
g
a
g
e
d
o
n
a
n
y
o
f
t
h
e
c
o
n
-
struction and/or construction engineerin
g
w
o
r
k
o
r
s
e
r
v
i
c
e
s
p
r
o
v
i
d
e
d
to be rendered herein shall in no way be the obligation or responsi-
bility of the City.
It is hereby understood and agreed that
a
n
y
a
n
d
a
l
l
e
m
p
l
o
y
e
e
s
o
f
t
h
e
City and all other persons employed by t
h
e
C
i
t
y
i
n
t
h
e
p
e
r
f
o
r
m
a
n
c
e
o
f
and of the maintenance, repair and/or rec
o
n
s
t
r
u
c
t
i
o
n
w
o
r
k
o
r
s
e
r
v
i
c
e
s
required or provided for under this agre
e
m
e
n
t
s
h
a
l
l
n
o
t
b
e
c
o
n
s
i
d
e
r
e
d
employees of the State and that any and a
l
l
c
l
a
i
m
s
t
h
a
t
m
a
y
o
r
m
i
g
h
t
-14-
20
61223
arise under the Worker's Compensation Act of the Stat
e
o
f
M
i
n
n
e
s
o
t
a
on behalf of said employees while so engaged and any
a
n
d
a
l
l
c
l
a
i
m
s
made by any third parties as a consequence of any act
o
r
o
m
i
s
s
i
o
n
o
n
the part of said City employees while so engaged on a
n
y
o
f
t
h
e
m
a
i
n
-
tenance, repair and/or reconstruction work or service
s
t
o
b
e
r
e
n
d
e
r
e
d
under this agreement by the City shall in no way be t
h
e
o
b
l
i
g
a
t
i
o
n
o
r
responsibility of the State.
The City at its own expense will defend, indemnify and
s
a
v
e
h
a
r
m
l
e
s
s
the State and all of its agents, officers and employee
s
o
f
a
n
d
f
r
o
m
any and all claims, demands, actions or causes of acti
o
n
o
f
w
h
a
t
s
o
e
v
e
r
nature or character arising out of or by reason of the
C
i
t
y
'
s
n
e
g
l
i
g
e
n
t
acts or omissions in connection with the maintenance,
r
e
p
a
i
r
a
n
d
/
o
r
reconstruction work covered by this agreement, includi
n
g
a
n
a
c
t
i
o
n
or claim which alleges negligence of the State, its ag
e
n
t
s
,
o
f
f
i
c
e
r
s
or employees.
Section 0, Nondiscrimination
No discrimination on the ground of race, color, relig
i
o
n
,
s
e
x
,
n
a
t
i
o
n
a
l
origin or age against any person in their access to a
n
d
u
s
e
o
f
t
h
e
bituminous bike path constructed under State Project
N
o
.
2
7
4
5
-
2
4
(T.H. 169 ,-,5) shall be allowed.
The previsions of Minnesota Statute 181.59 and of any
a
p
p
l
i
c
a
b
l
e
local ordinance relating to civil rights and discrimin
a
t
i
o
n
s
h
a
l
l
be eonnidered part of thin agreement as if fully set fo
r
t
h
h
e
r
e
i
n
.
-15-
2!
61223
Section If. Agreement An_proval
Before this agre.,•e!.t shall become binding and effective, it shall
be approved by resolution of the City Council of the City and shall
also receive the approval of such State officers as the law may
provide in addition to the Commissioner of Transportation or his
duly authorized representative.
61223
IN TESTIMONY WUERPOF the parties have duly executed this agreement
by their duly authorized officers and caused their respective seals
to be hereunto affixed.
(City
CITY OP EDEN PRAIRIE
Seal)
33y
Mayor
Date,
By
City Manager
DEPARTMENT OP TRANSPORTATION
Date
STATE OF MINNESOTA
Recommended for approval:
By
(I A By
Director - 011 ice of
Design Services Date
Deputy Commissioner
of Transportation
(Date of Agreement)
By
Dirtrict Engineer
Approved:
Department of Administration By
Assistant Division Director
Technical Services Division
Approved as to form and execution:
By
Special A!;sislant Attolncy General
By
Date
-17-
23
A
SCHEDULE "r /Ain:Q.:silt !b. 61223 risnAme:Not al:ariak.7109 COST IS1II1A0E S.P. 2745-24 (T.0. 105-5) City of Plcn Prairie Date: Ja.e,rv 13, 1983 Cr-!..s,rfociref, traffic sigr.als arol briOje censtruction perforocd unnler on T.11. 105 frcel 1.41J,:a FOal to CO. Rd. 39 in Wen Prairie 0:1 1.,aticn of city eot participation construction covered ur,Ier this agreclent is described in Article II of the agre<31ent. 1,11 ;iv, :itate and city construction uorh let..., for this proja-it are listed en the rOlitYaillg shoots except the traffic aryrtY.1.^ent iters a:A Pri,lie :kr,. 27762. Lwnstal Or MST PArtrICIPATTOO sTATI1 privricx/ CI7( P077:IrX1 100% 60% 25% 75% 401 100% STXPE STATP. STAT1'. Crr CiTY CIIY S.P. 2745-24 $1,031,927.51 $33,143.55 $2,622.26 $7,866.79 $22,075.70 $57,341.00 $1,067,693.32 $87,313.49 Il‹,bilitatiOn (3.034035%) 32,354.19 2,646.82 Pield Office, 'Pipe D (0.060585%) 560.40 71.35 Field Lili..ratOry, Type0 (0.072527%) 774.37 63.32 .trol (1.224896%) 13,078.13 S,I.totAls $1,114,600.41 591,155.3G Ccr,trnction Preiincering (8%) 8,7,184.03 7,292.43 Gra,1 Total - Stjtc and City $1,203,944.44 598,447.79
Pla:k ruantitics 25"
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(2:7 ,2r. 2.7 .00 s s s 2 C • ." C C c
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51223 it!11' 10Fr.. 601, STA1,: 1W55 i,17,77; PFICF 0., 400. (Tri" CFI( 4'S 21St 1.45 1.45 1.45 115.00 1.25 1.15 110.00 28.50 5.50 0.18 6,11i 2,0:9 60 6 281 5,061 11 86 703 2,227 8 3,014.55 5,822.15 240.00 Plah cntitios .1.r. 2745-24 111:1 4" Fz,111 Prefor4,1 4" !;..11.1 Polpur Preferrt,1 !,'r-1.,,2.3 4" PelyDer PrelOrni,1 .Lif, (P) Acre .1.141,re 5 Pczro) 01.41. Typ, 2:7'1.513 'Pipe Sycial Cn.Yd. (I') Prire Str-d Bolt, Foch G0.75.t,i7 Cixtercial Fertilizer, Analysis 10-20-20 Ptiula Totals $1,031,927.51 $55,239.25 $57,341.01 1001 State - $1,031,927.51 601 State - 33,143.55 401 City - $22,095.70 1000 City - 57,341.00
01223 APPROXIMATE Ii Ti CSTI7InT:: S.P. 2745-24 UNIT 25; STATE 25; SW.T!: :MR!, ITr71 UNIT PRICE 75% CITY 75: CITY 2051.501 Maintenance and Restoration of Haul Roads 2331.504 HItmainow: Material for Mixture 2331.5f:8 Wcarinq Course Mixture Modified 2575.:105 Soddinu Lump Sum 1.00 Ton 186.00 Ton 13.00 Sq.Yd. 1.15 0.382; 27 351 707 0.00 5,022.00 4,654.00 Total 510.459.05 251 State - $2,622.26 75% City - $7,806.79
61223 piziPATA FMMS 20:1.501 richi 1 isat ion Loop Stol $75,300.00 (Pruroto Percentage 3.034035-0 2131.071 Field ,...gf ice, 751, 0 i aoll 2,00041 (Pm.rata Pur,chtwie 0.0605K7) 25.1.5n3 Fieid Trator/, Type 1) l',K,h 1, 80,0. CO (rr,ToLa Pert,c,..ta,o 0.072527) '.."..3.(,01 ITaffic Control I.vp 2,511 30,400.00 (Prorota Perrt,tdge 1.224856:4 2O31.501 itaiste:unce a,i1 Restoration of Haul Roads (,erccritages are iNised on a total of 53,820 tors. i.otv: liab.tcr,:8,-.:z asA p,,Aorotion of Hanl !bads prorata share hosed on rdterials furnished by the et,tractor and luxiled over poblic hiqh0uys ,x,-;,1.t 1.0j70 trt.k% higl,ays. Forindoe for ,!,tc17,0101.1 the prorata perectntages of :tohilizatiOn, Field Office, Field Laboratory and Traffic Control arc listed below and shall i.e a(4dio1 as ttotz, on tte front sheet of this form. A Tctal Codrrazt i-I= T0A.,J1 Mddliz at ,,orinnt 0 FigLi (20! *1:0 cuati,t I. Mtal loirratory A:wont Ttt al f ie Control /toxin:: P = Prorat a P1:ret2,toge M 8 (A - 1! - o - L - T) x 100 = P (Percentage for Mobilization) 0 (A -M- 0 -L- T) x100 .P (Percentage for Field Office) L 8 (A - 14 - 0 - L. - T) x 100 P (Percentage for Field Laboratory) T 8 (A - 14 - 0 - I. - T) x 100 P (Percentage for Traffic Control) After the project has been awarded, unit bid prices will be used to =Vote new prorata percentages.
RESOLUTION NO. 03-28
BE IT RESOLVED that the City of Eden Prairie enter into an agreement
with the State of Minnesota, Department of Transportation for the following
purposes, to wit:
To revise the existing traffic control signal with street lights
and signing on Trunk Highway No. 169 at Interstate 494 South Ramp
(West 78th Street); stage revision of the existing traffic control
signal with street lights on Trunk Highway No. 169 at Interstate
No. 494 North Ramp; to install traffic control signals with street
lights and signing on Trunk Highway No. 169 at County Road No. 39;
and Interconnect all four signals, in accordance with the terms
and conditions set forth and contained in Agreement No. 61217, a
copy of which was before the Council.
BE TO FURTHER RESOLVED that the proper City of Eden Prairie officers
be and hereby are authorized to execute such agreement, and thereby assume for
and on the behalf of the City all of the contractual obligations contained
therein.
Wolfgang H. Penzel, Mayor
John D. Franc, Clerk
CERTIFICATION
State of Minnesota
County of Hennepin
City of Eden Prairie
I hereby certify that the foregoing Resolution is a true and correct
copy of a resolution presented to and adopted by the Council of the City of Eden
Prairie at a duly authorized meeting thereof held on the 1 day of February, 1982,
as shown by the minutes of said meeting in my possession.
City Clerk
(Seal)
Hennepin Glunty Agreement Nu. PW 01-40-83
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 61217
BETREEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF HENNEPIN
AND
THE CITY OF EDEN PRAIRIE
FOR
Revision of the existing Traffic Control Signal with Street
Lights and Signing on Trunk Highway No. 169 at South Rasp of
Interstate No. 494 (Rest 78th Street); stage revision of the
existing Traffic Control Signal with Street Lights on Trunk
Highway No. 169 at North Rasp of Interstate No. 494; to install
Traffic Control Signals with Street Lights and Signing on Trunk
Highway No. 169 at County Road No. 39 and at County State Aid
Highway No. 39 and interconnect all four signals in Eden
Prairie, Hennepin County.
S.P. 2745-24
Prepared by Traffic Engineering
ESTIMATED ANCUNT RECEIVABLE
City_of_R6en_Prai .rie_ $41,960:95
c."11 !.):
AMOUNT ENCUMBERED
None__
rinT,TVic covera
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State", and the County of Hennepin,
hereinafter referred to as the "County", and the City of Eden
Prairie, hereinafter referred to as the "City", WITNESSETH:
WHEREAS, the State has determined that there is
justification and it is in the public's best interest to revise
the existing traffic control signal with street lights and signing
on Trunk Highway No. 169 at the South Ramp of Interstate No. 494
(hest 78th Street); to revise, in three stages, the existing
traffic control signal with street lights on Trunk Highway No. 169
at the North Ramp of Interstate No. 494; and to provide traffic
control signals with street lights and signing on Trunk Highway
No. 169 at the East and West Ramps of County Road No. 39 and
interconnect work in accordance with the plan and specifications
for State Project No. 2745-24 made a part hereof by reference; and
WHEREAS, the City, County and State will participate in
the cost, maintenance and operation of said signal revisions and
of said traffic control signals with street lights and signing as
hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State shall prepare the necessary plan,
specifications and proposal and shall perform the engineering and
inspection required to complcte the items of work hereinafter set
61217
-1-
PS
forth. Such work as described immediately above shall constitute
"Engineering and Inspection" and shall be so referred to
hereinafter.
2. The contract cost of the work or, if the work is not
contracted, the cost of all labor, materials and equipment rental
required to complete the work, except the cost of providing the
power supply to the service poles or pads shall constitute the
actual "Construction Cost" and shall be so referred to
hereinafter.
3. The State with its own forces and eouipment or by
contract shall revise or cause the revision of the existing
traffic control signals with street lights with the Construction
Cost shared by the City and State as follows:
a. Trunk Highway No. 169 at Interstate No. 494 South
Ramp (est 78th Street) - System "A". Revise
traffic control signal with street lights.
Estimated Construction Cost is $51,150.00 which
includes $16,150 State force account work. City's
share 33 1/3 percent. State's share 66 2/3
percent.
b. Trunk Highway No. 169 at Interstate No. 494 North
Ramp - System "0". Revise, in three stages,
traffic control signal with street lights.
Estimated construction cost is $59,150.00 which
61217
-2-
9g
includes $16,150.00 State force account work.
State's share 100 percent.
c. Trunk Highway No. 169 at Interstate No. 494 South
Ramp (Nest 70th Etreet)-Install master controller
and cabinet. Estimated Construction Cost is
$50,000.00. State's share 100 percent.
4. 7.1.1e State with its own forces and equipment or by
contract shall install or cause the installation of traffic
control signals with street liahts and interconnect with the
Construction Cost shared by the City, County and State as follows:
a. Trunk Highway No. 169 at East Ramp intersection of
County Road No. 39 - System "C". Provide traffic
control signal with street lights. Estimated
Construction Cost is $66,000.00 which includes
$16,0 -00 for State force account work. State's
share is 66 2/3 percent. County's share is 16 2/3
percent. City's share is 16 2/3 percent.
b. Trunk Highway No. 169 at Nest Ramp intersection of
County State i\id Highway No. 39 - System "D".
Provide traffic control signal with street lights.
Estimated Construction Cost is $46,150.00 which
includes $16,150 for State force account work.
State's share is 50 percent. County's share is 25
percent. City's share is 25 percent.
61217
-3-
SS
5. The State shall install or cause the installation
of overhead signing and shall maintain said signing all at no cost
to the City or County.
6. Upon execution of this agreement and a request in
writing by the State, the City and the County shall each advance
to the State an amount equal to their share of the cost based on
the actual bid price plus the estimated cost for State force
account work plus 6 percent of such amount for the City's and the
County's share of the cost for Engineering and Inspection.
7. Upon final payment to the contractor and
computation of the City's and the County's share for the work
provided for herein, that amount of the funds advanced by the City
and the County in excess of their shares will be returned to the
City and the County without interest and the City and the County
agree to pay to the State that amount of their shares which are in
excess of the amount of the funds advanced by the City and the
County.
8. The City shall install or cause the installation of
an adequate electrical power supply to the service pads or poles
including any necessary extensions of power lines, and upon
completion of traffic control signal with street light
installations, shall provide necessary electrical power for their
operation all at the cost and expense of the City.
9. Upon completion of the work contemplated in
Paragraphs 3 and 4 hereof; it shall be the City's responsibility,
61217
-4-
9(0
at its cost and expense, to: (1) maintain the luminaires; (2)
relamp the traffic control signals and street lights; and (3)
clean and paint the traffic control signals, cabinets and street
light arm shaft extensions. It shall be the State's
responsibility, at its cost and expense, to perform all other
traffic control signal and street light maintnenace.
10. In the event the State advertises for bids for all
or a portion of the work in Paragraph 4 hereof, the State shall
submit to the Hennepin County Engineer a certified copy of the low
bid received and an abstract of all bids received by the State,
together with the State's request for concurrence by the County in
the award of a construction contract. Award of the contract shall
not be made until the County Engineer advises the State in writing
of its concurrence.
11. Final plans and specifications for construction of
the traffic control signals with street lights installations,
traffic control signals with street lights and signing revisions,
. traffic control signal stage revisions and installation of
interconnect provided in Paragraphs 3 and 4 hereof shall have
County approval prior to award of construction contract by the
State. Said County approval shall be evidenced by signature of
the County Engineer in the designated space therefore on the
. original plan.
61217
-5-
12. The Construction work provided for herein shall be
under the direction and supervision of the State. It is agreed,
however, that the County and City shall have the right to
periodically inspect the cost sharing construction work provided
for in Paragraphs 3 and 4 hereof. The State shall have the
exclusive right to determine whether the work has been
satisfactorily performed by the State's contractor.
13. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the County or City and any and all claims that may or might arise
under the Worker's Compensation Act of this State on behalf of
said employees while so engaged, and any and all claims made by
any third party as a consequence of any act or omission on the
part of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsiblility of the County or City. The State shall not be
responsible under the Worker's Compensation Act for any employees
of the County or City.
14. The State shall insert in any contract with the
successful bidder a clause requiring the successful bidder to hold
the County and City haKmless and also clauses requiring the
successful bidder to provide and maintain insurance, all as
follows:
a. The Contractor shall defend, indemnify and save
harmless the County of Hennepin, and the City of
63217
-6-
f
3Y,
Eden Prairie, their officers, agents and employees
from all suits, actions and claims of any character
brought because of injuries or damages received or
sustained by any person, persons, or property on
account of the operations of the said Contractor or
any subcontractor or their agents or employees, or
on account of or in consequence of any neglect in
safeguarding the work; or through use of
unacceptable materials in constructing the work; or
because of any act or omission, neglect, or .
misconduct of said Contractor or any subcontractor
or their agents or employees; or because of any
claims arising or amounts recovered from
infringements of patent, trademark, or copyright;
or because of any claims arising or amounts
recovered under the Worker's Compensation Act; or
under any other law, ordinance, order or decree.
b. The Contractor shall purchase and maintain such
insurance as will protect the Contractor from
claims set forth below which may arise out of or
result from the Contractor's operations under the
contract, whether such operations be by the
Contractor or by any subcontractor or by anyone
directly employed by any of them, or by anyone for
whose acts any of them may be liable.
612l7
1. Ivorkers' Compensation and Employer's Liability
Insurance
(A) Workers' Compensation insurance shall be as
required by law and shall include an all
states or universal endorsement.
(B) Employer's Liability insurance shall be
written for not less than $100,000 each
occurrence.
2. Comprehensive General and Automobile Liability
Insurance
(A) Minimum Limits
Bodily and Personal Injury $1,000,000 per occurrence
Property Damage $1,000,000 per occurrence
(B) The following coverages must be specifically
insured and certified with no internal
sublimits. Aggregate limits are acceptable
for property damage due to the products
hazard:
(1) Independent Contractors Contingent
Liability or Owners Protective Liability
(2) Products Liability
(3) Contractual Liability
(4) "X,C,U" Hazard Liability
(5) Personal injury Liability including
claims related to employment
(G) Broad Form Property Damage Liability, or
deletion of the "Care, Custody, and
Control" exclusion
(7) Owned, Hired and Non-Owned Automobile
Liability
(C) Waiver of Defense of Municipal Liability
immunity
(9) Aircraft Liability (If Applicable)
(10) Watercraft Liability (If Applicable)
(C) The contractual liability is to be either on a
blanket basis for all written or oral
contracts, or specifically endorsed to
acknowledge this contract.
All certificates of insurance shall provide
that the insurance company shall give the
County thirty (30) days prior written notice
of cancellation, non-renewal or any material
changes in the policy.
The above subparagraphs establish minimum
insurance requirements, and it is the sole
responsibility of the Contractor to purchase
and maintain additional insurance that may be
necessary in connection with this contract.
The Contractor shall not commence work until
61217
-9-
LII
the Contractor has filed an acceptable
certificate of insurance with the County. All
insurance policies shall be open to inspection
by the County, and copies of policies shall be
submitted to the County upon written request.
c. The County agrees to pay to the State all insurance
premium costs incurred by the State's Contractor .
for State Projcct No. 2745-24 in procuring and
maintaining, for the duration of the Contractor's
contractual obligation to said state project, the
liability insurance coverage described herein. At
such time, be it one or more, as the said State's
Contractor furnishes the State with a certified
statement of the insurance premium costs the
Contractor has incurred on procuring the aforesaid
insurance coverage, the State will invoice the
County for the total amount of the insurance
premium costs set forth in said certified statement
from the Contractor, and the County shall, upon
receipt of said invoice, promptly make payment
thereof to the State.
15 If it appears, at any time, that the cost to the
County or the City for thc work provided for in Paragraphs 3 and 4
will excecd thc estimat•d amount of $23,8S9.75 and $41,960.95,
61217
-10-
respectively, the State will promptly notify the County Engineer
and the City Engineer in writing as to the amount and the reason
for the increased cost.
16. All timing of all traffic control signals provided
for herein shall be determined by the State, through its
Commissioner of Transportation, and no changes shall be made
therein except with the approval of the State.
17. Upon execution by the County, City and State and
completion of the construction work provided for herein, this
agreement shall terminate and supersede Agreement No. 58686 dated
October 19, 1978, between the parties.
61217
ti5
COUNTY OF HENNEPIN
Attest:r (1 ( ,
• •
t7 0Ep uTy Terk of the County Board
By „a a4.-r- of to County eoard
0147 4 L
Dated ///`7,-/•4"
RECOMMENbFP FOR APPROVAL: -"/ /
By (7111:2:., f) fi.) rt -7-2 1 V -5. And
Director-Dept. of'Transportalaon Associate County Pdministrat ,
and Cou0 Engineer
Dated /- /3 — K3 Dated OrYg-3
(County Seal)
Upon proper execution, this agreement APPROVED AS le EXECUTICN:
will be legally valid and binding
By By
Assistant County Attorney
Dated Dated
61217
-12-
Dated
411
CITY OF EDEN PRAIRIE
APPROVED AS TO FORM:
By
City Attorney
Mayor
(City Seal)
City Manager
STATE or MINNESOTA
DEPARTMENT OF TRANSPORTATION
By
RECOMMENDED FOR APPROVAL:
District Engineer
Operations Division
APPROVED AS 10 FORM AND EXECUTION:
DEPARTMENT CF TRANSPORTATION
By
Assistant Commissioner
Dated
DEPARTMENT CF ADMINISTRATION
By
Special Assistant Atunney
General - State of Minnesota
Dated
61217
-13-
Stale of Minnesota,
COUNTY OF FIENNEPIN,
I SS. CLERIC OF THE BOA 1:1)
KAY Ch ,rk of the Board of the above County. do hereby certify that
I have compared the papers writing. to which this certificate is attached. with the original
Resolution No. 83-1-56 adopted by the Board of Commissioners on
January 18, 1983
as the same appea rs of record and on file in the said Clerk of the Board's office, at the Government Center in
said Hennepin County. NI innesota, and find the same to be true and correct copy thereof.
IN TESTIMONY WIIEREOP, I have hereunto set my hand and affiNed
the seal of said County. at the City of Minneapolis. this 20th
day of January
A.D. 19 .f9
KAY MITCHELL
Clerk of the Board
by (), : ....-.1!—Z,4 —as C 1 . a' Deputy
(IOUS
kES01.01100 W. 8 3 -1-5 6
The following resolution was offered by Commissioner Sivanich,
seconled by Commissioner Kremer:
BE 11 . REMFD, That Agreement Ho. Pl.! 01-40-83 (On/DOT Agreement No.
61217) with the State of Minnesota and the City of Eden Prairie covering
construction or revision of traffic signals and street liOits at the
inter!,ectiow, of T.H. 169 at 'Al 494 and T.H. 169 at County Road 39 (Val
l
e
y
View Road), County Project 0304, State Project 2745-24, be approved; tha
t
the Chaiman of the Board be authorized to execute said agreement on beh
a
l
f
of the County of Hennepin and that the Controller be authorized to disbu
r
s
e
- funds as directed.
The question was on the adoption of the resolution and there were
seven YEAS and no NAYS as follows:
COUNTY Of IIEMNITPIN
80810
Jeff Sparta
Randy Johnson
Richard E. Kremer
E. F. Robb, Jr.
Sam S. Sivanich
hark Andrew
John E. Or Chairman
RESOLLITIOtl ADOPTED.
YEA NAY OTHER
71/7 /j7.,
ATTEST: .0"
Cl el. (I 1 Ow tUIl U i;oard
JAN I 3 1(.)33
February 1, 1983
CITY or EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-29
RESOLUTION APPROVING
SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS (52-044)
WHEREAS, the City Engineer has prepared specifications for the
following improvement, to wit,
52-044, Water Meters and Horns
and has presented such specifications to the Council for approval:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
I. Such specifications, a copy of which is attached hereto and
made a part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved specifications. The advertisement
shall be published for 2 weeks, shall specify the work
to be done, shall state that bids will be opened at 10:00
o'clock A.M. on Thursday, February 24, 1983, and considered
by the Council at 7:30 o'clock P.M. on Tuesday, March I,
1983, in the Council Chambers of the City Hall, and that
no bids will be considered unless sealed and filed with
the Clerk and accompanied by a cash deposit, cashier's
check, bid bond or certified check payable to the City
for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on February 1, 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
MEMORANDUM
TO:
111RU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Carl Jul lie, City Manager
Bob Lambert, Director of Community Services
January 27, 1983
Tax Forfeited Lands
The City has received a classification list of non conservation land located
in Eden Prairie. The parcels on this list forfeited to the State of Minnesot
a
for non-payment of real estate taxes.
As provided in Minnesota Status 282, the City Council is asked to approved
these parcels for public sale, or if the Council deem these parcels may he
beneficial for public use, to authorize acquisition of those parcels.
City staff have reviewed each of these parcels and recommend that the City
consider acquisition of the parcel with the PIN 4-116-22-24-0034, Tract C,
RLS 261. This parcel is a small triangular shaped piece of land adjacent
to the right-of-way of Birch Island Road just east of the intersection of Ku
r
t
z
Lane. The market value is estimated at $100, taxes are $3.76 per year.
Staff feels that this parcel may be beneficial for right-of-way purposes.
The parcel with PIN 4-116-22-43-0087 is in Woodland Addition, Lot 13, Block
2
.
llis is a single family residential lot on Ironwood Court. This is a build
a
b
l
e
lot with a market value of $32,000. Taxes are $1,206.82. Staff would reco
m
m
e
n
d
that this parcel be put up for public sale.
The next parcel has PIN 1-116-22-12-0005 and is a wooded parcel approximat
e
l
y
acres in sire, located within the Opus II Second Addition, north of Crossto
w
n
.
This parcel has a market value of $10,000 and taxes of $414.86. It is a very
densely wooded knoll.
The final parcel on this year's list is PIN 1-116-22-22-0015. This small 50x
1
0
0
foot tract of land is the rear SO' in a lot on Eden Court in the Eden School
Addition and u n ite the Chicago Northwestern Railroad. The market value is
$1,200, taxes are $45.25.
Staff feels that the public would benefit if all three of these parcels were
back on the tax rolls and therefore recommends the City approve these parcel
s
for public sale.
131: sal
119
CI1V OF EDEN PRAIRIE
HENNEPIN COUN1V, MINNESOTA
RESOLUTION NO. 83-25
A RESOLUTION AUMORIZING 111E ACQUISITON OP
TAX FORFEITED LAND FOR ROAD R1GHT-OF-WAY
WHEREAS, the City of Eden Prairie has received from the County of Hennepin
a list of lands in said municipality which became the property of the State of
Minnesota for non-payment of real estate taxes, which said list has been
designated as Exhibit A, attached hereto, and
WHEREAS, provided in the Minnesota Status 282, the City Council is asked
to approve the public sale of these parcels, or to indicate which parcels the
City wishes to acquire for public use, and
WHEREAS, the City desires to obtain title to Parcel PIN 4-116-22-24-0034,
Track E, RLS 261 for public road purposes, and
WHEREAS, the City has determined that Parcels PIN 4-116-22-43-0087 and
1-116-22-12-0005 and 16-116-22-22-0015 would not be of benefit to the City for
pulic use,
NOW, MEREFORE, BE IT RESOLVED, that the City. Council of the City of Eden
Prairie does approve the sale of the parcels described as follows: PIN 4-116-
22-43-0087, PIN 1-116-22-12-0005 and PIN 16-116-22-22-0015.
ADOPTED BY the City Council of the City of Eden Prairie this 1st day of
February 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frani:, City Clerk SEAL
'so
['ARM.
40 44500 4805
40 44589 2000
40 44674 8550
42 44826 7620
. 42 44834 1183
42 44834 1198
/ PI AT
EXHIBIT A
TAX-FORFEITED LAND CLASSIFICATION LIST 663-NC
PROPFRIY ADDRESS
6999 Portland Ave. S.
I.2 44835 5125 7100 Oakland Ave. S.
/
46 50060 0610 5711 Minnetonka Blvd.
46 50100 3520 3639 Hampshire Ave. S.
t
6 50600 6705 5104 Morningside Rd.
16 51901 1885 6220 - 37)i St. W.
48 87514 3400 8925 Irving Ave. N.
. 48----8752-3— 5000
48 67532 3883
, 48 87842 7800
J 87842 * 7950
48 87842 8100
48 87842 8700
48 88330 8400
. 50 93132 NOD-
': 50- 54796 6120'
16 55235 0586
13S-30-Robinson—St. 31-1-21-22-33-002-S--
59 56190 5704
,. 18-117-22-33-0027 '
61-- 56824 5100 14920 Ironwood Ct. 04-116-22-43-0087
11 .61 56841 3015 16-116-22-22-0015
o' 61 56913 8000 01-116-22-12-0005
* 04-116-22-24-0034
06-118-23-43-0013
26-119-22-31-0054
25-118-24-12-0048
18-118-23-21-0002
18-118-23-21-0003
18-118-23-21-0004
PID
27-118-22-44-0032
22-118-22-43-0002
22-118-22-41-0040
26-028-24-33-0007
34-028-24-23-0162
34-028-24-23-0163
35-028-24-22-0069
16-117-21-21-0006
17-117-21-44-0002
07-028-24-32-0129
16-117-21-33-0032
14-119-21-14-0019'
-23-149-24-44-0001---
32-119-21-22-0003
31-119-21-41-0092
31-119-21-41-0093 '
31•]19-21-41-0094
31-119-21-41-0098
26-119-21-13-0089
08-118-21-12-0082
35-120-22-12-0014
:61 _. 56956 4000
; 63 - 5/390 0510
74 59120 7220
. 76 25126 2840
7 59800 7935
80 60280 0750
80 60280 1020
80 60280 1040
2
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MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl J. Jullie, City Manager
FROM: Roger A. Pauly, City Attorney
DATE: January 27, 1983
RE: Ordinance No. 1-83 Relating to Gambling Devices
Enclosed is revised Ordinance No. 1-83 relating to the
regulation of licensing and use of gambling devices. I have made
the following changes in the draft of the ordinance as originally
submitted:
1. Subdivision 4(a)(2). I have added that,a single
occasion temporary license may be for periods not exceeding 9
consecutive days.
2. Subdivision 5 has been revised to reflect that an
annual license may be issued only to a "fraternal, religious or
verterans organization" while a single occasion temporary license
may be issued to any organization as defined in Subd. (2)(i).
3. Subdivision 6 relating to the use of profits has been
revised to provide that at least 60 percent of the profits must be
used for one or more of the purposes enumerated in items 1, 2 and 3,
Subd. 2(j) and further that the uses must be for persons or objects
within the City.
4. There has been added subparagraph (e) under Subd. 9
giving the City Manager discretionary authority to require a licensee
to provide a review, examination and report on a licensee's books and
records relating to its gambling operations. Such report is to be
made by a certified public accountant or other qualified person as
approved by the City Manager.
5. Subdivision 10 has been revised to provide that the
holder of an annual license may conduct gambling operations only on
premises which it owns, whereas the holder of a single occasion
temporary license may conduct such operations on premises which it
owns or leases.
I believe this covers the various points brought out
during the discussion of the original draft.
Jka
ORDINANCE NO. 143
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 BY ADDING THERETO SECTION 5.40 RELATING TO
THE REGULATION, LICENSING AND USE OF GAMBLING DEVICES, AND ADOPTING
BY REFERENCE CITY CODE CHAPTER I AND SECTIONS 5.01 THROUGH 5.11
AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5 shall be and is amended by adding thereto
Sec. 5.40 which reads as follows:
SEC. 5.40. GAMBLING DEVICES.
Subdivision 1. Purpose. The purpose of this section is to regulate
and control the conduct of certain gambling activities pursuant to the provisions
of Minnesota Statutes, Section 349.26.
Subd. 2. Definitions. For the purposes of this ordinance the terms
defined in this ordinance have the following meanings.
(a) "Gambling devices" means those gambling devices known
as "paddle wheels" or "tip boards", "pull tabs" (or "ticket jars"), or apparatus used
in conducting raffles.
(b) "Paddle wheel" means a wheel marked off into sections
containing one or more numbers, and which, after being turned or spun, uses a
pointer or marker to indicate winning chances.
(c) "Tip board" means a board, placard or device measuring
at least twelve inches square, marked off in a grid or columns, in which each section
contains a hidden number or numbers, or other symbol, which determines the winning
chances.
(d) "Raffle" means a game in which a participant buys a ticket
for a chance at a prize with the winner determined by random drawing to take
place at a location and date printed upon the ticket.
(e) "Pull tabs" (or "ticket jars") means a single folded or banded
ticket or a card, the face of which is initially covered, or otherwise hidden from
view, to conceal a number or set of numbers or a symbol or set of symbols. A
few of Me numbers or symbols out of every set of pull tabs (or ticket jars) will
have been designated in advance and at random as prize winners. The participant
pays a consideration to an operator for the opportunity to obtain a folded or banded
ticket or a card, view the numbers or symbols on it and possibly obtain a prize
winning pull tab (or ticket jar).
qa
(f) "Profit" means the gross receipts from the operation of
gambling devices and the conduct of raf f les, less reasonable sums expended for
prizes, local licensing fees, taxes and maintenance costs for the devices.
(g) "Gambling manager" means a member who has paid all
his dues to the organization and has been a member of the organization for at
least two years and has been designated by an organization to supervise gambling
activities conducted by it.
(h) "Active member" means a member who has paid all his
dues to the organization and has been a member of the organization for at least
six months.
(i) "Organization" means a fraternal, religious, veterans or
other nonprofit organization which is a corporation, fund, foundation, trust, or
association organized for exclusively scientific, literary, religious, charitable,
educational, or artistic purposes, or for the purpose of making contributions to
or for the use of the United States, the State of Minnesota, or any of its political
subdivisions for exclusively public purposes, or for any combination of the above
enumerated purposes, if no part of the net income of any such corporation, fund,
foundation, trust, or association inures to the benefit of any private member,
stockholder, or in,iividual, or is a club organized and operated exclusively for
pleasure, recreation, or other nonprof itable purposes, no part of the net income
of which inures to the benefit of any private member, stockholder or individual,
which organization has been in existence for at least three years and has at least
15 active members.
(i )
"Lawful purpose" means one or more of the following:
(I) Benefiting persons by enhancing their opportunity
for religious or educational advancement, by relieving or protecting them from
disease, suffering or distress, by contributing to their physical well being, by
assisting them in establishing themselves in life as worthy and useful citizens,
or by increasing their comprehension of and devotion to the principals upon which
this nation was founded;
(2) Initiating, performing, or fostering worthy public
works or enabling or furthering the erection or maintenance of public structures;
(3) Lessening the burdens born by government or voluntarily
supporting, augmenting or supplementing services which government would normally
render to the people; or
(4) The improving, expanding, maintaining or repairing
real property owned or leased by an organization. "Lawful purpose" does not include
the erection or acquisition of any real property, unless the City specifically authorizes
the expenditure after finding that the property will be used exclusively for one
or more of the purposes specified in this subdivision.
(k) Nothing in the City Code shall be construed to authorize
any use, possession or operation of :
r/
(1) Any gambling device which is activated by the insertion
of a coin or token; or
(2) Any gambling game or device in which the winning
numbers, tickets or chances are in any way determined by the outcome of any
athletic contest or sporting event.
Subd. 3. License Requirement. A system for the licensing of organizations
to operate gambling devices and to conduct raffles is hereby established. No
person shall directly operate a gambling device or conduct a raffle except as authorized
by statute and the City Code and unless a license to do so, as previded in this
section has first been obtained.
Subd. 4. Fees and Application Procedure.
(a) There are two types of licenses which may be issued by
the City for each device or occasion:
(1) A single occasion temporary license or
(2) An annual license. All single occasion temporary
licenses are valid only on the dates specified, which ;nay not exceed 9 consecutive
days. Annual licenses shall expire one year after the date of issuance.
(b) Action on the application shall be taken in accordance
with section 5.03 of the City Code, provided however the application shall be
acted on within ISO days from the date of application, but a license shall not be
issued until at least 30 days after the date of the application.
(c) The application shall contain an agreement on the part
of the applicant that if the license being applied for is granted, the licensee will
save the City, its officers and agents harmless against any claims or actions and
the cost of defending any claims or actions arising out of or by reason of the granting
of the license or the conduct of any of the activities authorized by the license.
Subd. 5. Issuance of License. An annual license may be issued only
to a fraternal, religious or veterans organization. A single occasion temporary
license may be issued only to an organization.
Subd. 6. Profits. Profits from the operation of gambling devices or
the conduct of raffles shall be used solely for lawful purposes and as authorized
at a regular meeting of the organization, provided, however, at least 60 percent
of the profits inust be used for one or more of the purposes enumerated in (1),
(2) or (3), subparagraph (j), Subd. 2 of this Section,for persons or objects within
the City.
Subd. 7. Conduct of Gambling. All operation of gambling devices
and the conduct of raffles shall be under the supervision of a single gambling manager
designated by the organization. The gambling manager shall be responsible for
gross receipts and profits from gambling devices and raffles and for their operation.
The gambling manager shall give a fidelity bond in the sum of $10,000 in favor
of the organization conditioned on the faithful performance of his duties. A gambling
-3-
r. I
manager for a single organization shall not act as a gambling manager for any
other organization. A gambling manager for an organization shall be an active
member of the organization.
Subd. 8. Compensation. No compensation in excess of $25 a week,
shall be paid in connection with the operation of a gambling device or the conduct
of a raffle by a licensed organization except a licensed organization may elect
to pay a percent of rat fie ticket sales to nonprofit organizations selling for the
licensed organization. No person who is not an active member of an organization,
or its auxiliary, or the spouse or surviving spouse of an active member may participate
in the organization's operation of a gambling device or conduct of a raffle except
the licensed organization may utilize nonmember nonprofit organization in raffle
ticket sales.
Subd. 9. Reporting Requirements.
(a) Each organization licensed to operate gambling devices
shall keep records of its gross receipts, quantity of free plays, if any, expenses
and profits for each single gathering or occasion at which gambling devices are
operated or a raffle is conducted. All deductions from gross receipts for each
single gathering or occasion shall be documented with receipts or other records
indicating the amount, the description of the purchased item or service or other
reason for the deduction, and the recipient. The distribution of profits shall be
itemized as to payee, purpose, amount and date of payment.
(b) Gross receipts from the operation of gambling devices
and the conduct of raffles shall be segregated from other revenues of the organization
and placed in a separate account. Each organization shall have separate records
of its gambling operations. The person who accounts for gross receipts, expenses
and prof its from the operation of gambling devices or the conduct of raffles may
be the same person who accounts for other revenues of the licensed organization.
(c) Each organization licensed to operate gambling devices
or to conduct raffles shall report monthly to its membership, and to the City Clerk,
its gross receipts, expenses and profits from gambling devices or raffles, and the
distribution of profits itemized as required in this section.
(d) Records required by this ordinance shall be preserved for
three years, and organizations shall make available their records relating to operation
of gambling devices and the conduct of raffles for public inspection at reasonable
times and places.
(e) The City Manager may require a licensee at its expense
to cause a review and examination,by a licensed certified public account or other
qualified person approved by the City Manager, of the books and records of the
organization holding a license relating to the gambling activities conducted by
it pursuant to such license and a report thereon by such person to such extent
and in such form as the City Manager may require.
Suhd. 10. Eligible Premises. Gambling devices shall be operated and
raffles conducted by an organization (a) holding an annual license only upon premises
which it owns and (b) holding a single occasion temporary license only upon premises
-4-
which it owns or leases, except that tickets for raffles conducted in accordance
with this section I nay be sold off the premises by an organization holding either
type of license. The City Clerk, upon approval by the City Council, may authorize
raffles to be conducted by a licensed organization on premises not owned or leased
by the organization. Leases shall be for a period of not less than one year and
shall be in writing. No lease shall provide that rental payments be based on a
percentage of receipts or profits from gambling devices or raffles. A copy of
each lease shall be filed with the City Clerk at the time of the application for
license and shall comprise a part of the application.
Subd. 11. Prize Award Limits.
(a) Total prizes from the operation of paddle wheels, tip boards
and pull tabs (or ticket jars) awarded in any single day in which they are operated
shall not exceed $1,000. Total prizes resulting from any single spin of a paddle
wheel, or from any single seal of a tip board, each tip board limited to a single
seal, or from a single pull tab (or ticket jar), shall not exceed $150. Total prizes
awarded in any calendar year by any organization from the operation of paddle
wheels, tip boards and pull tabs (or ticket jars) and the conduct of raffles, except
as provided in clause (b) of this subdivision shall not exceed $35,000. Merchandise
prizes shall be valued at fair market retail value.
(b) (1) An organization which directly or under contract
to the state or a political subdivision delivers health or social services and which
is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue
Code of 1954, as amended through December 30,1981, may award prizes in a calendar
year from the conduct of rattles, in excess of the limitation provided in this section,
provided the prizes consist of real or personal property donated to the organization
by an individual, corporation, or other organization and, except as provided in
clause (2), provided the organization complies with the other requirements and
restrictions of this ordinance.
(2) For the purposes of this subdivision, an organization
covered by clause (1) is not subject to the membership limitations nor to the compensation
limitations of this ordinance.
Subd. 12. Termination Provision. This Sec. 5.40 shall terminate and
cease to be effective on December 31, 198 , unless prior thereto the Council
shall adopt an ordinance amending this Sec. 5.40 to extend its effective duration
beyond such termination date. Any and all permits, licenses, privileges or rights
of whatever nature issued, extended or granted in any manner by virtue of this
section will terminate and become void on the date this section terminates.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and sections
5.01 through 5.11 and section 5.99 entitled "Violation a Misdemeanor" are hereby
adopted in their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage
and publication.
-5-
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , 1982, and finally read and adopted and
ordered published at a regular meeting of the City Council of said City on the
day of , 1982.
ATTEST:
City Clerk
PUBLISHED in the Eden Prairie News on the
Mayor
day of , 1982.
-6-
TO:
-ROM:
SUBJECT:
DATE:
MEMORANDUM
Mayor and City Council
City Manager Carl J. Jullie
Gambling License Fees
January 28, 1983
Pursuant to the Council's direction on January 18th, we have estimate
d
t
h
e
c
o
s
t
o
f
C
i
t
y
s
t
a
f
f
time for periodic on-site inspections and review of financial records
r
e
l
a
t
e
d
t
o
i
s
s
u
a
n
c
e
of gambling licenses. Such costs for a typical gambling license are e
s
t
i
m
a
t
e
d
a
s
f
o
l
l
o
w
s
:
1. Public Safety Department:
One stop per week at 20 minutes per stop at $25.00 per
hour (2 times salary) x 52 weeks per year
2. Finance Department:
One hour per month to review records submitted plus
four hours for follow-up review -
$433.00
16 hours at $30.00 per hour = $480.00
TOTAL $913.00
Our costs for a single occasion, temporary license would be about $4
0
.
0
0
,
a
s
s
u
m
i
n
g
o
n
e
v
i
s
i
t
by the Public Safety Department and a one time review by the Finance
D
e
p
a
r
t
m
e
n
t
.
Of course, until we have had some experience with monitoring gamblin
g
a
c
t
i
v
i
t
i
e
s
,
w
e
c
a
n
mly estimate what our actual costs might be. Also as a matter of r
o
u
t
i
n
e
,
t
h
e
P
u
b
l
i
c
S
a
f
e
t
y
Department stops in at least once per day at all liquor establishme
n
t
s
.
T
h
e
f
o
l
l
o
w
i
n
g
i
s
a
summary of fees charged by other communities:
Richfield $ 32.00 for single occasion permit
$214.00 for annual permit per gambling device
Hopkins $150.00/yr. for Bingo
$150.00/yr. for other
Bloomington $300.00 for annual permit
Edina $ 25.00 for Bingo
$ 25.00 for Raffles
Since the revised draft of the gambling license requires that GM of t
h
e
g
a
m
b
l
i
n
g
"
p
r
o
f
i
t
s
"
go towards community benefit, I would recommend that the Council cons
i
d
e
r
t
h
e
f
o
l
l
o
w
i
n
g
f
e
e
schedule:
$ 40.00 for a single occasion temporary license
$300.00 for an annual license
Assuming Council approval of the gambling ordinance, we could, of cou
r
s
e
,
a
d
j
u
s
t
t
h
e
f
e
e
s
after the first year of monitoring experience and "profit" distribut
i
o
n
s
.
W
e
d
o
i
n
t
e
n
d
t
o
bring the "Fee Resolution" covering all City fees, back to you in the
n
e
a
r
f
u
t
u
r
e
a
t
w
h
i
c
h
time the Council can make a final determination on the proposed gambl
i
n
g
f
e
e
s
.
CJJ:jp
CITY OF [HUN PRAIRIE
HENNEPIN COUNIY, MINNESOTA
RESOLUTION NO. 83-10
RESOLUTION APPROVING THE PRELIMINARY
P
L
A
T
OF RYMARLAND CAMP 3RD ADDITION
BE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of _RYMARLAND CAMP 3RD ADDITION
dated November_23, 1882_, a copy of which
i
s
o
n
f
i
l
e
a
t
t
h
e
C
i
t
y
H
a
l
l
and amended as follows:
is found to be in conformance with the provi
s
i
o
n
s
o
f
t
h
e
E
d
e
n
P
r
a
i
r
i
e
Zoning and Platting ordinances and amendment
s
t
h
e
r
e
t
o
a
n
d
i
s
h
e
r
e
i
n
approved.
ADOPTED by the Eden Prairie City Council on
t
h
e
\ day of
19 .
John D. Erano, City Clerk
SEAL
Unapproved
Planning Commission Minutes of January 24, 1983
All members present
B. RYMARLAND CAMR 3RD ADDITION, by Milton 0. Quam. Request for
Development Plan and Zoning Amendment to allow development of 4.4
acrse as single family residential lots. Located east of Highway
101 and south of Hidden Ponds 2nd Addition.
Staff reviewed the memorandum to the Planning Commission regarding the
proponent's project and the need for additional review of the project as
an amended Development Plan and Zoning amendment, as opposed to a new
project, in that the site plan for this land had been approved for
development under previous action by the Planning Commission and Council.
It was the opinion of the City Attorney that the project be routed back to
the Commission, with proper hearing notification, in order to assure
compliance with the City Code.
Planner Enger pointed that there had been no physical changes to the
proposal since the Commission had reviewed it at their meeting of December
27, 1983.
MOTION
Motion was made by Pirtner, seconded by Marhula, to recommend to the City
Council approval of the amendment to the Development Plan and Zoning for
Ryinrland C:iTp 3rd Addition, 11.ityd on plans dated November 22, 1932, and
subject to the reconiiendationri of the Staff Report dated December 21,
1982,
„,m,„ ,h,t,,.",,
City Council Minutes
January 4, 1983
C. Request _for ...preliminary olat approval for Rymarland Camp 3rd Addition bi
Milton 0. Quam of 4.4 acres for 11 single family detached lots, formierly
portions of Rymarland Camp 2nd Addition. Located east of Highway 101 and
south of Hidden Ponds 2nd Addition (Resolution No. 83-10)
Planning Director Enger introduced Tom Berqquist, Sathre-Bergquist, represen-
ting the proponent. Bergquist addressed the proposal.
•
Redpath noted this proposal had originally been adopted including a swimming
pool and tennis courts as amenities. Bergquist said the homeowners were not
interested in an homeowner's association to maintain these facilities.
Enger noted the Planning Commission had reviewed the proposal at its December
27, 1982, meeting at which time it had recommended approval. Discussion of
what had been included in the original Developer's Agreement ensued. Bentley
said he questioned whether or not taking away the amenities which had been a
part of the Developer's Agreement would qualify as open-ended zoning. He felt
the densities were being changed ex post facto. It was noted the swimming pool
and tennis courts were not in good condition prior to the time they were "plowed
under." Director of Community Services Lambert said he is skeptical of developer
who claim & homeowner's association will maintain a pool and tennis courts.
Penzel asked what the impact would be on the Developer's Agreement from a legal
standpoint, if this request were granted. City Attorney Pauly said it would
depend upon the provisions included in the Developer's Agreement and whether
or not there were specific prohibitions. Bentley said he felt this might be
opening a Pandora's box -- if open space areas were allowed to be used for
additional density.
MOTION: Redpath moved, seconded by Bentley, to refer the matter to City Attorney
Pauly for review of the Developer's Agreement. Motion carried unanimously.
Planning Cervillission Minutes December 27, 1982
Members Absent: Chairman William Bearman (Medica
l
L
e
a
v
e
)
Dennis Marhula
8. 14;,.4Wd) C1P 1t0 by Xilton 0. Quam. r:orpiest for pre-
liminory plot of 4.4 acres for 11 sin ,jle detaii.ed lots, for.:.,:rly
port.if,ns of Pymarland C:op 7nd Addition. tocatod east of fligh',..iy 101
and .out.11 of Hidden Ponds 2nd Addition. A public bracing.
Staff reviewed the rNuest of Hilton 0. Quam for p
r
e
l
i
m
i
n
a
r
y
p
l
a
t
of tho
prorost!d prupelAy and reviewed the Staff repo
r
t
o
f
D
e
c
e
m
b
e
r
2
1
,
1
9
8
2
w
i
t
h
the Conission.
Tom reryinkt, Cathie 21 .uqukt, reprr ,,onliny the proponcnt, stated that
propoiwnt wnuld he williny to woply with
a
l
l
i
o
n
d
i
l
i
o
n
s
o
f
l
h
e
S
t
a
f
f
Report, with the exrrplion if ulc, cwinl of fruit JO required for Lots
6 iid M. 1.1r. RI:ry(plist stated that, in 1 7:y—ar1and C a p 2nd Addition, the
lot frontaye had Ii n ,pprovod for th(-,e lots at 51 ft. He revosted on
Planning Ceuraission Minutes
-4- December ?7, 1982 .
behalf of the proponent that these two lots he allowed to maintain the
51 ft. frontage, rather than the 55 ft. required by the ordinance.
Planner Vnger stated that, regardless of the fact that the plat of
these two lots had previously allowed 51 ft. for lot frontage, the
current City Code, passed approximately three wonths ago, required
a 55 ft. frontage, thereby requiring a variance for the two lots
concerned as they wore being replatted.
DISCUSSION
Sutliff stated that he would prefer to eliminate the cul-de-sacs within
the plat and have a through street for Debbie Lane. Planner Enger stated
that the cul-de-sac to the northeast was an existing roadway, Kristie
Lane. In fact, the proponent would be creating only one cul-de-sac by
this request. Planner Enger added that he did not feel there would be
great conceans on the part of the City's Public Safety Department, eithe
r
,
in that the cul-de-sac was a short one, as proposed, not impairing acces
s
for any rwergenr/ vehicle to any of the units. In addition, if the road
-
way were extended, the cost to the developer would be approximately 40%
more for roadway purposes.
Hallett questioned whether the added lots would affect the overall dens
i
t
y
approved for the site previously. Planner Inger stated that the overal
l
density would increase slightly as the previous approval was for 2.0 un
i
t
s
per acre, including the open area. However, the current City Code allow
e
d
for 2.5 units per acre. The proposed plan muld still allow the develop
m
e
n
t
overall to fit within the provisions of the City Code.
Hallett asked if the trees on site would be preserved. Planner Enger
stated that one of the requirements listed in the Staff Report of
Dececber 21, 198? was that the proponent submit a plan for treatment and
preservation of the wooded area. Mr. Dergquist reviewed with theComi
s
s
i
o
n
the location of the tree stand on the site and the types of trees invol
v
e
d
.
Hallett also questioned what Staff would consider an "acceptable grade" f
o
r
tots 8, 9, 10, and 11. Staff stated that l4tt would be appropriate. Mr.
Bergquist stated that proponent agreed with a 14% grade for those lots.
There were no comments from members of the audience.
NpTIONfil .
Motion was wade by Gartner, seconded by Torjesen to close the public hearing.
Motion carried--5-0-0.
POT] ON
Motion was made by Gartner, seconded by Torjesen, to mate the following
recowmendalion to the City Council:
gti:11-
1.1inutes -5- DeLc...her •/,
111..it the riquest of Hilton 0. Clui for proliti.inary p1it of 4
.
4
is
for 11 single f,..tily ,1;!tac.hed lots, for...rrly yorlicus of 11y1
,
.
.
1
1
.1.11,d
C:p;7nd ltddition, I.e approvod, ,,t,bjoct to the folloving conditions:
1. its 1, 5, 7, and 3 shall n30 of streetri ,.11t-
of
2. Slopcs aloof.) the fl..)11t.-.,3e of lots :3, 9, 10, and 11 shall be
. lessened to an acteptable tir,tde.
3. Prohcnt shall ti..:et with the Cn.ji:trecirai to_;arding
sc ....ar, water, and drainaue prior to the issuance of a buildin
g
Fermi t.
4. Proponent shall subncit plans to the Watershed District fo
r
review and approval.
5. rydrant locations shall he revici-,.a,d by the Fire rarshall prior
to issu.:.nce of a hlinding j=.21ijt.
6. Proponi .lit shall selvnit to the City for their revLN, detailed
infotiiatien re(2aiding the treatic,nt and preservation of tee
d
e
d
areas.
7. Cash Park Fees shall be as required per Ordinance.
rition carried-5-0-0.
4dettlp 2.
Planning Commission
Chris Enger, Director of Planning
January 21, 1983
REGARDING: Rymarland Camp 3rd Addition
.fter reviewing the Development Agreement with Mr. Pauly, it is his opinion that the
Development Agreement must be amended. Although the Council has reviewed Development
Agreement amendments before without Planning Commission recommendation, we will route
this item back through the Commissions.
Mr. Quam would be able to appear at the Parks, Recreation, and Natural Resources
Commission on January 17„ 1983, the Planning Commission on January 24, 1983, and
the City Council on February 1, 1983.
The review will be published as a public hearing for the Council meeting as an amend-
ment to the original Development Plan.
MEMO
TO:
FROM:
DATE:
C3
MEMORANDUM
TO:
FROM:
.DATE:
SUBJECT:
Parks, Recreation and Natural Resources Commissio
n
Bob Lambert, Director of Community Services
January 13, 1983
Rymerland Camp Third Addition
Attached is a December 21, 1982 Planning Staff Re
p
o
r
t
o
n
R
y
m
e
r
l
a
n
d
Camp "'bird Addition. This is a preliminary plat
f
o
r
e
l
e
v
e
n
s
i
n
g
l
e
family detached lots on 4.4 acres. Of this 4.4 a
c
r
e
s
,
1
,
7
a
c
r
e
s
h
a
d
been designated a homeowners association open spa
c
e
c
o
m
m
o
n
a
r
e
a
t
h
a
t
contained a swimming pool, pool house and tennis
c
o
u
r
t
s
.
T
h
e
r
e
m
a
i
n
i
n
g
2.7 acres had been zoned and platted, but is bein
g
r
e
p
l
a
t
t
e
d
t
o
accommodate this change in the plat.
The common area was eliminated due to excessive
v
a
n
d
a
l
i
s
m
a
n
d
a
l
a
c
k
of commitment to maintenance by the homeowners as
s
o
c
i
a
t
i
o
n
.
City staff had never required this homeowners co
m
m
o
n
s
p
a
c
e
,
n
o
r
e
v
e
n
recommended it as a good idea. The tennis court
s
a
n
d
t
h
e
s
w
i
m
m
i
n
g
p
o
o
l
were both high maintenance items and in disrepair:
t
h
e
r
e
f
o
r
e
,
i
t
i
s
not surprising that the few homes could not affor
d
m
a
i
n
t
e
n
a
n
c
e
o
r
liability for these facilities.
The Community Services staff recommend approval o
f
t
h
i
s
p
r
e
l
i
m
i
n
a
r
y
plat as per the Planning Staff Report dated Decem
b
e
r
2
1
,
1
9
8
2
.
BL:md
(..2
Minutes - Ports, Recreation &
Una pproved
Natural Resources Cmalission
-2- January 17, 193
V. RECOPDATIOT; Afj1 POTOTS
A. RTerts of Couissioners - None
B. Reports of Staff
1. DevelfInne9t. Proposals._
a. Towers Addition
Mr. Carmody Was present to request PUD review for a medium density
residential and single family, rezoning from Rural to R
.
M
6
.
5
for 8 quads and from Rural to R.13.5 for 2 single lots
a
n
d
p
r
e
l
i
m
-
inary plat review of 5.75 acres for 8 quadraminiums and
2
s
i
n
g
l
e
family lots. The property is East of Mitchell Road, nor
t
h
of Carmody Drive.
Mr. Carmody briefly reviewed the grading and site plans.
Lambert noted that there are really no park issues with
t
h
i
s
proposal but just wanted this Commission to be aware of
t
h
e
project.
MOTION: Jessen moved to recommend to the Council approv
a
l
of - this Towers Addition per planning Staff reports. Schwa
r
t
z
seconded the motion and it carried unanimously.
b. Rymerland Camp
Mr. Milt Quasi was present on behalf of Rymerland Camp Thi
r
d
Addition.
MOTION: Kingrey moved to recommend to the Council app
r
o
v
a
l
o
f
Rymorland Camp as outlined in Staff report of January 13,
1
9
8
3
.
Jessen seconded the motion and it carried unanimously.
2. North Star Professional Hockeyltganization Proposal
Lambert reviewed a verbal interest by the North Stars in
t
h
e
E
d
e
n
Prairie Community Center as their first choice for const
r
u
c
t
i
n
g
locker rooms, a training room, equipment storage area,
s
m
a
l
l
o
f
f
i
c
e
and possible laundry area (west side of the Center) and b
u
y
i
n
g
ice time for training camp and seasonal practice. City staff has
requested the North Stars provide in writing a proposa
l
r
e
f
l
e
c
t
i
n
g
their interest.
All Commissioners expressed positive interest in this pro
p
o
s
a
l
feeling it would be on asset to the community and suppo
r
t
t
h
e
i
d
e
a
.
Lambert said Staff is considering non prime time rates
i
f
t
h
e
North Stars use our facility.
Rptiarland Cap 2nd -
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No.
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE
D
O
E
S
O
R
D
A
I
N
A
S
F
O
L
L
O
W
S
:
Section 1. Appendix A of Ordinance No. 135
i
s
a
m
e
n
d
e
d
a
s
follows:. The following described property, Lot 2,
B
l
o
c
k
1
,
a
n
d
Outlot A, Rymarland Camp, Hennepin County, Mi
n
n
e
s
o
t
a
shall be and hereby is removed from the
Rural District
and shall be included hereinafter in the
R1-13.5 District.
Section 2. The above-described property shal
l
b
e
s
u
b
j
e
c
t
t
o
t
h
e
terms and conditions of that certain Develop
e
r
'
s
A
g
r
e
e
m
e
n
t
d
a
t
e
d
a
s
of May 29 , 19R0, between
Rymarland Camps, Inc.
and Robert A. Quam, Sr.,
and the City of Eden Prairie, which Agreemen
t
i
s
h
e
r
e
b
y
m
a
d
e
a
p
a
r
t
hereof and shall further be subject to all o
f
t
h
e
o
r
d
i
n
a
n
c
e
s
,
r
u
l
e
s
and regulations of the City of Eden Prairie
r
e
l
a
t
i
n
g
t
o
t
h
e
R
1
-13.5
District.
Section 3. This ordinance shall become effe
c
t
i
v
e
f
r
o
m
a
n
d
a
f
t
e
r
. _ _ _
its passage and publication.
FIRST READ at a regular meeting of the City
C
o
u
n
c
i
l
o
f
t
h
e
C
i
t
y
of Eden Prairie on the 20th
day o f May 1980, and
finally read and adopted and ordered publishe
d
a
t
a
r
e
g
u
l
a
r
. meeting
of the City Council of said City on the _ day of
ATTEST:
(//f
77!
JeChn D. Frne - City C lerk
(/
'PUBLISHED in the Eden Prairie News on the _19th day of 19
1980
ctet4
.S idney Pauly Acting- Mayor`
ri _.s.r...7"\i' r"317 --'0,
it J, j • fj "
1:tL,IP I IVV/ Y / • L.;LJI I LE 2C3C) • I LJNJIKA, NAN :J5+13
January 17, 1983
Ede. Praire City Council
8960 Eden Praire Road
Eden Praire, Minnesota 55344
Dear Council Members,
Enclosed,Tlease find a photo copy of the termina
t
i
o
n
of covenants, conditions, restrictions and case
m
e
n
t
s
for Rymarland Camp Second Addition.
The Rymarland Camp First Addition consisted of
2
2
.
7
8
acres before it was developed into Rymarland Ca
m
p
S
e
c
o
n
d
addition. My request for four additional lots w
o
u
l
d
m
a
k
e
a total of Forty-Six lots; which would be close to
t
h
e
old guide lines of two lots per acre.
Yours Truly,
477,(t&i7/11!)1
Milton 0. Quam
cc: file
93 0-371 1
6r,)
It • TERMINATION OF DECLARATION OF
COVENANTS, CONDITIONS,
RESTRICTIONS AND EAsEmBNTS FOR
RYMARLAND CAMP SECOND ADDITION
WE, THE UNDERSIGNED, being all of the owners,
including contract for deed vendees, of the following described
real property located in Hennepin County, Minnesota:
All Lots in Blocks 1 through 7, both inclusive,
and Outlot A, Rymarland Camp Second Addition,
being the property described in that certain Declaration of Covenants,
Conditions, Restrictions and Easements dated the 29th day of
January, 1982, affecting the above'clescribed land do hereby
unanimously revoke and terminate those covenants, conditions,
restrictions and easements effective as of the date of this
instrument.
Each signator to this instrument, for himself,
his heirs, successors and assigns, hereby releases every other
signator, his heirs, successors and assigns, including Grantees of
all signators, from any and all obligations, duties, claims and
causes of action, whether at law or in equity, which arose for
enforcement of the covenants, conditions, restrictions and easements
contained in the Declaration above referred to, both now and forev,r.
It is the specific inteht of this instrument
,'hat the Declaration of Covenants, conditions, Restrictions and
Easements for Rymarland Camp Second A,dition e:ecuted on the 29th
day of January, 1062, be nullified, voided, and of no further effect
T C7il
Jean T. ,
Rymarland Camp Homeowners' Association
. 'A- 4.!
Its
2,4/
Jel.,
iir .t7.7 -72-thelz;,/
JOhn S. Nutliln ,:
j
,
A L14-(0,--re ,
Mary An;', Hoax,:
Trustee,
r /
' mittoLl—p. i,cam
( /i J
CI RoLert
/
t:laa(,..),- M.
and that the real property described herein ,he relieved of the
burden 's impoLed by said Declaration.
DATED: this •::....S 15 day of a`..41,r- • 1982.
C7777.--7-ZZ
As to Lot 3, Block 5
Rymarland Caiip Second
Addition
As to Lot 1, Block 1
Rymarland Camp second
Addition
As to Outlot A
Rymarland Camp Second
Addition
As to all other Lots
in Blockr 1 through 7
Rymarland Camp Second
Addition
Steven T.
6") 1111.'01,711141.01ahatOdby
11.111 7 I. • .n0(101,1%.1
(lee Ileum
. Notary Public
Milton 0, Quo's, a single person .
• 1st they ref October . .1. P. 19 82 , helm, me, it
trii 1 gin tend for .niti Con lay, 1.1 Anent! ly eget.. mei
111.1Th 01 . mnnesou
('o.dy of ilennepin
On helm 1st they eel 0,;tober .1. 1). 19 82 . brim r nem,
Notary Public will,. toed foe moiel Comely, pre n flierf I ly to mg .., rrl
. Raert A. Qualn and Eleanor 14. Quasi, Husband and Wife, ....
10 Mr 4,1011•17 he N. tier pre AIIII S in oriel eel. yawn, I,, Iler feemeTni et," it./ ot meta lend go knoorledvMel
Imre( le el 11. not. eIN rho. th, y their .
.144,AAAAAt.ts.AAAA.A.',!..AAAALL'A .
.11,/
••7
•
14•. 1003-0.11c•te •I Aeloowl•n ••••wl.
01'.1TE OF Minnesota
Coned yof . Hennepin
t . they e4 October .1. 1). 10 82 , brio, lice, et.
.. Notary Public Frithi el onei feel ref id Core illy, pr1.01$1111.11 IltWelt eel
... John S. I1etland and Ilary Ann Netland, Husband and Wife
Sc, Me keel/Wel Ic, lee, 1hr fIctoinl S tie een devil i noel One marred rel tier fin r,e i l, scent e'te enmett le tell 014i 10,11•11.111411
y,euJiws!.,bfb,AAaeftiddl,,.c their etri neeekelmoll
A IFiN F. FAi ,:',T! • , •
that .
;
r""'"'
c\-rvvrinfvvvvvorv,..rvovvone
IMILI.SAIMSIm 111MMILAFWAS
No. 1003-4,1111.16 •I_ArInowirdement.
__Minnesota sra 01'
County Of Hennepin
On thin
-Notary.. Public
1st they eel ... October . .1. If 19 82 . cyn ic,, nem, n
nit loin retell fen . will County, jeee'.oiecitifi ppreorrei
Karen A. Griffiths, Secretary
he me known fee tee tie,' promote Ile., doll ie on,! who ',Awed, el her foregni le V ieemle'et leered need reek neernitec011 ,
/
hee her fere art ettori,.n11oLl,,.....M„..' .
..t./AAAMAAW,AEMIAL,W....WtAhke. .. 6:1,---:„--;•.- r:— (--- :,,e,----- .4
•
)
I .^1.!.,Ftly:,q,•.!
'frA ''''' ^ • • —,1111 49
!
•
, ;1., MY C(, ,S 15 I.,Fi ,5
'Svrrvsterm/r1r:/lV 7 ri'l i'MY
- • •, - • • _ - • • . •_ • -
10.. 1003—Cetlificate •I
N.M... 1111 n ......1”,
- _•- • - _ • _ • •
sr. ITE OP Minnesota
MN
('nicely ref Hennepin
C
.••
lee leer le . worn lee lee ihe per Ili., it., ,,ee,,eci ellen eximetivel (he foe el i .11 II Ill,111 •111.11011 .1(.11:111
• hill • . he e ,e non h el the ,rio, his
Mo. •Oo3 A.:11...1•nent0.t.
knon,...11
• ST,ITE OF Minnesota
County of Hennepin
III, 1St flay ci October a. 11. ni 82 101 mr, a
Notary Public :H111114 moll /o(o id Cf." a 1 y, pr 000naIii, a pima rrel
„Steven I, Fox and can 1., Fox, Husband and wife
aa 1.1,0,41 tie 1, „hy,.(11.• (lx,! i frail a So raffia. fl (fir forrl...i".V . "" ," 1,,4",1
Mot f.I rfir1rol t.h.,..:xyac their fr, T./ .4.4AAAAAAAAAA4AAALAW
. "
!1Y CCVV: 1 7 S3
v vvvvvvr ;,"Ion.v vvvvv sn
Ne. 1003.—Ceftille•It Acknowlml.m.. 11.13.142.wa. o..,
87.1TE OF Minnesota
l'onoly of Hennepin
On Mix
25th d„.,, October .1. P. lo 82 f fort. an% a.
Notary Public tri 1 hi a a far maul (.0, lor•.rra ly a lwra red
.. Ronald F. 61 ime and Janc C. 61 line, Husband and Wife
to am known la In II,, prrxent saes, iln.,1 i or total who rt,:raIrtl Mr forr;Yaia.., i t•Al . a "trio, awl f ovloroorlrol 1.411
lhof ..... .. ..t.lo.y ,....,,,,,,,/ th,. ,,.. their frre art.aial ,Irrrl . . 7
4.4 A At, A A 44.4.,iki..a4...,4AA Afit1r1/1,024,.:,.;,U,
. Ily• " ' , {.:,y, SOIA 1i (..-..) t•
'..i -,;:i MY Cc.!,..N.Is ...;n Lir .11.6 1.7-'89
rt-rvvrrtyvvvvv .v\rovvYrel
69
FEBRUARY 1,1983
CASSETTE PLAYER-COMMUNITY CENTER
UNIFORM ALLOWANCE
UNIrum ALL080NcE
EXPENSES-SKI TRIP/FEES
INSTRUCTOR-FITNESS CLASS
SERVICE
INSTRUCTOR-SKATING
BEER
BEER
BEER
MIXES
BEER
BEER
BEER
BEER
MIXES
MIXES
BEER
FEE-SUMMER EMPLOYMENT DAY
WINE
LIQUOR
WINE
LIQUOR
WINE
WINE
WINE
INSTRUCTOR-EXERCISE CLASS
PORTABLE RESTROOMS
HOCKEY OFFICIAL
REFUND-SKI TRIP
REFUND-SKI TRIP
INSTRUCTOR-RACQUETBALL
SERVICE-METROPOLITAN COUNCIL
INSURANCE
INSURANCE
INSURANCE
INSURANCE
PACKET DELIVERY
INSURANCE
INSURANCE
EXPENSES-SKI TRIP/FEES PAID
LIQUOR
WINE
WINE
LIQUOR
LIQUOR
LIQUOR
LIQUOR
LIQUOR
DECEMBR $2 FUEL TAX
SERVICL-CANINE UNIT
VOID OUT CHECK
5584 V010 OUT CHECK
5586 VOID OUT CHECK
5824 LABELLES
5825 ANNETTE CUMMINGS
5826 DONNA HYAll.
5327 SANDY WERTS
5828 RALPH KRATOCHVIL
5229 HENNEPIN CTY SUPPORT
6830 WENDY ENNS-CANLSON
5831 BEER WHOLESP1LRS INC
5832 CAPITOL CITY DISTRIBUTING CO
5833 CITY CLUB DISTRIBUTING CO
5834 COCA COLA BOTTLING CO
5835 DAY DISTRIBUTING CO
5836 EAST SIDE BEVERAGE CO
5837 KIRSCH DISTRIBUTING CO
5838 A J OGLE CO INC
5839 PEPSI COLA/7-UP BOTTLING CO
5840 ROYAL CROWN COLA
5843 THORPE DISTRIBUTING CO
5842 UNIVERSITY OF MINNESOTA
5843 ED PHILLIPS & SONS CO
5244 JOHNSON BROTHERS WHOLESALE
OLD PEORIA COMPANY INC
5046 GRIGGS COOPER & CO INC
5847 MIDWEST WINE CO
5848 INTERCONTINENTAL PACKAGING CO
5849 EAGLE WINE CO
5850 CHRIS PALM/JAllERCISE INC
5851 SATELLITE INDUSTRIES INC
5852 LEE HYATT
5353 R C BARRON
5854 C MICHAEL PETERSON
5855 ANDREA BROSCH
5856 PINK LADY COURIER
5857 WESTERN LIFE INSURANCE
5838 BLUE CROSS INSURANCE
5859 PHYSICIANS HEALTH PLAN
5850 MEOCENIER HEALTH PLAN
5861 DANA GIBBS
5862 HMO SERVICES
5563 GROUP HEALTH PIAN INC
5864 BUCK HILL SKI AREA
5865 JOHNSON BROTHERS WHOLESALE
5866 MIDWEST WINE CO
5857 TWIN CIVY 'ANL CO
5868 OR IONS COOPER S CO
OLD PEORIA CWRANY INC
T ED PHILLIPS & NUNS CO
5071 INTERCONTINCNIAL PACKAGING CO
5372 MINNESJIA DISTILLER INC
5873 CM1ISSIONLR 111 REVENUE
5874 VEIIRINARY ILACOING HOSPITALS
58/5 VOID DUI CHECK
1803.20-
300.0
89.87
125.0
125.00.
180.06
195.00
80.00
718.20
4921.37
21.90
3824.00
681.85
3586.05
8414.35
197.60
1023.25
139.20
6935.85
12.00
2301.39
1950.48
1177.37
1725.89
283.60
186.87
828.68
1803.20
715.00
100.00
14.50
14.50
66.00
12.90
220.32
817.91
8981.81
2873.70
101.00
519.70
1524.69
470.00
1021.88
187.33
860.7?
2271.8)
1043.00
2262.2.1
31.0
1158.5/
8.00
0.00
nr.11 ,17n
5876
f. 77
5o/9
5880
5881
5882
5883
5884
5885
5886
5687
5888
6889
COMMISSIONER OF REVENUE
PETTY CASH
FEDERAL RESERVE BANK
COMMISSIONER OF REVENUE
DEPARTMENT OF EMPLOYEE RELATIONS
AMERICANA MOTEL
HOUSE OF WAX
UNION 76
PETTY CASH
MINNESO1A STATE RETIREMENT
AE 1105 LIFE INSURANCE
GREAT VEST LIFE ASSURANCE
UNITED WAY OF MINNEAPOLIS
PERA
DECEMBER 82 SALES TAX
EXPENSES
PAYROLL 1/21/83
PAYROLL 1/21/83
PAYROLL 1/21/83
CONFERENCE-POLICE DEPT
CANDLES-MOONLIGHT SKI TRIP
OIL-STREET MAINTENANCE
EXPENSES-COMMUNITY SERVICES
PAYROLL 1/21/83
PAYROLL 1/21/83
PAYROLL 1/21/83
PAYROLL 1/21/83
PAYROLL 1/21/83
10220.Si
58.51
17062.
7629.0Y
15993.31
109.0o
51.00
855.96
20.50
40.00
, 108.00
2548.00
71.50
15430.83
5890 VOID OUT CHECK
5891 VOID OUT CHECK
5893 VOID OUT CHECK
5892 VOID OUT CHECK
5894 ACCUEASE SYSTEMS INC
5895 ACOUSTICS ASSOCIATES INC
5896 ACRO-MINNLSOTA INC
5897 ALDY GRAPHIC SUPPLY INC
5898 STUART ALEXANDER 2d-^,
ALPHA VIDEO & AUDIO
D AMERICAN FEDERATION OF POLICE
5E.O1 AMERICAN DRUGGIST INS CO
5902 EARL F ANDERSEN & ASSOCIATES
5903 APPLIED CONFIDENTIAL SERVICES
5904 ARA TRANSPORTATION
5905 DEBBIE ATKINSON
5906 AUTO-HDUE WAREHOUSE CO
5907 KATHERINE BAILY
5908 88W
5909 BERRY AUTO A BODY INC
5910 BEST A FLANAGAN
5911 CITY OF BLOOMINGTON
5912 BRAUN ENGINEERING TESTING INC
5913 JOHN BRILL
5914 RON NEV,,EN
5915 BURTON EQUIPMENT INC
5916 BUTCHS BAR SUPPLY P
5917 SUPPLE; CALPOON •
9 1 8 CAPITOL ELEEIFONIGS INC
5019 CARDjX CORPORATION
( 0 CLUTCil A H-O0INT BURNSVILLE
• :1 COLA POLICAIIONS
5922 COPY EQUIPMENT INC
0.00
0.00
0.00
0.00
FORM-COMMUNITY CENTER 230.00
CEILING PANELS-REMODEL CITY HALL 56.97
OFFICE SUPPLIES 50.65
DESK COVERING-COMMUNITY SERVICES 42.00
MILEAGE 27.00
VIDEO CASSETTES-TRAINING FOR POLICE DEPT 146.76
1933 DUES 25.00
SERVICE-ROUND LAKE PARK SHELTER 56469.58
SIGNS-STREET MAINTENANCE 549.70
POLYGRAPH TEST-NE-4-EtftftEE-P464CE_REPT 175.00
BUS SERVICE-COMMUNITY SERVICES/FEES PAID 436.95
REFUND-SKI TRIP 5.00
SPOTLIGHT-POLICE DEPT 86.40
REFUND-BATON & DANCE 12.00
-SERVICE-MITCHELL ROAD & TECHNOLOGY DRIVE 38792.55
-CITY WEST STREETS & UTILITIES/SHADY OAK
-FEASIBILITY/ANDERSON LAKES PARKWAY
PRAIRIE CENTER DRIVE
SWITCH-EQUIPMENT MAINTENANCE 24.05
SERVICE-CITY HALL SITE 100.00
DECEMBER SERVICE-ANINAL CONTROL 490.00
-SERVICE-PUBLIC WORKS BUILDING DUCK LAKE 1520.10
& TOMNLINE ROADS
BASKETBALL OFFICIAL 40.00
REFUND-FITNESS CLASS 3.40
SHELVING-COMMUNITY CENTER 185.11
SUPPLIES-LIQUOR STORES 179.78
EXPENSES-PARK PLANNING 4.13
EQUIPMENT REPAIR & PARTS-RADIO SYSTEM 2499.30
CARBON DIOXIBE-WATER DEPT 638.4/
flOSF/AXLE/U-JOINT/BFARINGS 634.89
DIRECIDNY-POLIEE DEPT 128.N
BLUEPRINT MACHINE PARTS-ENGINEERING DEPT 85.7n
17383784
E°'1 COMMISSIONER OF TPANSPORTATION SERVICE-PRAIRIE CENTER DRIVE
CROWN RuP,BER STAMP CO STAMP-POI.10E DEPT
59/5 CUTLER-MADDER COMPANY QUICKLIME-WATER DEPT
5926 MECO -UPRIGHT VACUUM/PLASTIC BAGS/CLEANING
SUPPLIES-FIRE DEPT
5927 DORHOLT PRINTING OFFICE SUPPLIES-POLICE DEPT
5928 DORSEY & WUITNEY LEGAL SERVICE-DEC BOND ISSUE
5929 KELLY EAGLE REFUND-BATON & DANCE CLASS
5930 ECONOMY DICTATION SYSTEMS REPAIR TAPE RECORDER-POLICE DEPT
5931 EDEN PRAIRIE SCUOOL DISTRICT #272 DECEMBER FUEL
5932 EDEN PRAIRIE TRASHTRONICS DECEMBER TRASH REMOVAL
5933 CITY OF EDINA DECEMBER TESTS-WATER DEPT
5934 ELVIN SAFETY SUPPLY INC SAFETY HATS-BUILDING DEPT
5935 EMERGENCY MEDICAL PRODUCTS OXYGEN MASKS-FIRE DEPT
5936 CHRIS EDGER JANUARY EXPENSES
5937 ROW ESS HOCKEY & BROOMBALL OFFICIAL
5938 FARMERS STEEL CO IRON-COMMUNITY CENTER
5939 JOHN FETT REFUND-FITNESS CLASS
5940 FINANCE MANAGER/FEE CASHIER SPECIAL ASSESSMENT REPORT FROM COUNTY
5941 FIRE MARSHALS ASSCC OF MINNESOTA FEE-FIRE DEPT
5942 FIRE SAFETY A COMMUNICATIONS BOOTS/LINERS-FIRE DEPT
5943 MARILYN FOURRE REFUND-FITNESS CLASS
5944 GENERAL COMMUNICATIONS INC RADAR & RADIO REPAIRS-PUBLIC SAFETY
5915 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES
5946 3AS04 OILMAN REFUND-SWIMMING
JACK HACKING EXPENSES-POLICE DEPT
1 SARAH HAINES REFUND-BATON A DANCE CLASS
5949 CHUCK HARDY VOLLEYBALL OFFICIAL
5950 KAREN HARRIS INSTRUCTOR-EXERCISE
5951 BRUCE HAVERLY REFUND-FITNESS CLASS
5952 HENNEPIN COUNTY CHIEFS OF POLICE DUES-POLICE
5953 SHERIFFS DEPARTMENT-HENNEPIN COON NOVEMBER BOOKING FEE & RADIO SERVICE
5954 HENDRICKSON BROS INC
SERVICE-REMODEL CITY HALL
5955 HOCKEY ASSOC OF EDEN PRAIRIE
CONCESSION SPLIT FOR TOURNAMENT
5956 AMY HOEKSTRA
REFUND-BATON & DANCE CLASS
5957 DEBBIE HOEKSTRA
REFUND-EXERCISE CLASS
5958 HUD OFFICE PRODUCTS INC
SHEET PROTECTORS-POLICE DEPT
5959 IBM CORPORATION
TYPEWRITER PARTS-POLICE DEPT
5960 ELAINE M JACQUES
STRAW BALES-PARK MAINTENANCE
5961 IMPERIAL INC
PENETRATING 01L-WATER DEPT
5962 DARLENE JEDLICKI
REFUND-EXERCISE CLASS
5963 CARL JULLIE
EXPENSES
5964 STEVE KUEFLER
REFUND-SKATING
5965 LAHASS MFG & SALES INC
SNOW PLOW BLADE-EQUIPMENT MAINTENANCE
5966 LAKE REGION MUTUAL AID ASSOC
1983 DUES-POLICE DEPT
5967 LANG PAULY F., GREGERSON LTD
NOVEMBER LEGAL SERVICE
5968 VANESSA LANOWOR1HY
REFUND-BATON A DANCE CLASS
5969 LEAGUE OF MINNESOTA CITIES
BOOK-MANAGER
5970 LOG1S
DECEMBER SERVICE
5971 LYSTADS INC
CLEANING SUPPLIES-COMMUNITY CENTER
7 2 JOHN MALLOW
REFUND-F1TNESS CLASS
,73 KELLY MARTIN
REFUND-SKI TRIP
5974 ROBERI N MARTZ
FEBRUARY EXPENSES
5975 BILL MATHEWS
REFUND-SKI TRIP
71.92
23.60
1797.'0
591.85
1100.83
4150.00
12.00
29.95
2035.W
275.00
86.00
14.15
31.78
154.00
156.00
14.36
3.40
468.65
20.00
60.00
19.05
213.98
53.50
7.50
22.43
12.00
48.00
17.00
3.40
15.00
3839.71
82.00
1441.06
12.00
9.25
33.30
37.80
34.50
50.76
21.00
41.7
10.00
79.00
10.00
9901.61
12.00
10.00
3196.2n
67.20
3.40
5.0o
161.12
10.0,
3057768
10163563
r 1. /
5976 MAT FS AUTO SERVICE INC ----- TOWING srpvia 88.00
59// COLE MCCARTY RETUND-6WIMMING 10.00
5°''I WIEWYNN DAERIES INC EXPENSES-POLICE DEPT & FIRE DEPT 37.56
S MCKAY FLOOR COVERING CARPET-PLANNING DEPT 253.00
59A MEDICAL OXYGEN A EQUIPMENT OXYGEN-FIRE DEPT 63.00
5931 LINDA lino VOLLEYBALL OFFICIAL 36.00
5982 MEIHO PRINTING INC FORMS-ANIMAL CONTROL 124.00
5983 METROPOLITAN FIRE EQUIPMENT CO REFILL FIRE EXTINGUISHERS-FIRE DEPT 24.35
5934 METROPOLITAN WASTE CONTHOL COMMIS DECEMBER SAC CHARGES 19775.25
5985 MLFROPOLITAN WASTE CONTROL COMMIS FEBRUARY 1083 SEWER SERVICE 46795.27
5906 KELLY FLYER REFUND-SWIMMING 9.63
5987 MIDWEST STEREO INC COMPUTER-CRIME FUND RECORDS 998.00
5988 MIIINEAPOLIS OXYGEN COMPANY WRENCH/OXYGEN-PARK MAINTENANCE 53.20
5939 MINNEAPOLIS SLIP A THIBUNE SUBSCRIPTION-MANAGER 14.95
5990 MINNEAPOLIS WELDERS SUPPLY CO CUTTING TORCH-PARK MAINTENANCE 386.00
5991 MINNESOTA CASH REGISTER CO RIBBONS-LIQUOR STORE/PRAIRIE VILLAGE MALL 62.50
5992 MINNESOTA GAS COMPANY SERVICE 12530.14
5993 MINNESOTA RECREATION & PARK TICKETS-RODEO/FEES PAID 55.25
5994 MINNESOTA RECREATION A PARK DUES-COMMUNITY SERVICES 80.00
5995 MINNESOTA TORO INC TIRE CHAINS-PARK MAINTENANCE 43.05
5996 MINNESOTA VALLEY ELECTRIC CO-OP JANUARY SERVICE 35.43
5997 NATIONAL FIRE PROTECTION BOOK-FIRE DEPT 96.05
5998 N S P DECEMBER SERVICE 2.32
5999 N S P SERVICE 10699.16
6000 N W BELL TELEPHONE SERVICE 1458.36
6001 OLSON CHAIN A CABLE CHAIN A CABLE-STREET MAINTENANCE 280.26
6002 CHRIS PALM/JAllERCFE INC INSTRUCTOR-EXEROISE CLASS 11.20
F"3 PARK AUTO UPHOLSTERY REPAIR CAR SEATS-POLICE DEPT 180.00
t , PEPSI COLA BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY CTR 305.75
6005 PETTY CASH-PUBLIC SAFETY EXPENSES-POLICE DEPT 11.00
6006 PINK SUPPLY CORPORATION TOWELS-FIRE DEPT 161.50
6007 PITNEY BOWES INC COPY MACHINE-COMMUNITY CENTER 1853.94
6008 PRAIRIE ELECTRIC COMPANY INC REWIRE FIXTURES-REMODEL CITY HALL 2519.63
6009 PRAIRIE OFFICE PRODUCTS OFFICE SUPPLIES-COMMUNITY CENTER 8.72
6010 JIM PUFAHL BROOMBALL OFFICIAL 192.00
6011 GEO PUFAHL REFUND-BATON & DANCE CLASS 12.00
6012 FRED RAZAVI VOLLEYBALL OFFICIAL 144.00
6013 RIDGE DOOR SALES COMPANY REPAIR FIRE STATION DOOR 119.00
6011 RlEHE-CARROLL-MULLER SERVICE-CARDINAL CREEK 3RD ADDITION 354.54
6015 ROBERTS DRUG 1ST AID SUPPLIES-PARK DEPT SUPPLIES-CANINE 50.05
6016 NICOLE ROBERTSON REFUND-SKATING 10.31
6017 ROOT-O-MATIC SERVICE-FOREST HILLS ROAD & METRO ROAD 143.50
6018 JOHN RYSKI BASKETBALL OFFICIAL 120.00
6019 ST PAUL TVI CONFERENCE-ENGINEERING DEPT 40.00
6020 ROBERT SAUER REFUND-NEC DEPT 50.00
6021 THERESA SHIPP REFUND-EXERCISE CLASS 21.00
6022 STEVEN R SINELL EXPENSES-ASSESSING DEPT 6.25
6023 W E NEAL SLATE CO PANELS-REMODEL CITY HALL 1640.00
6021 JULIE SMETANA REFUND-SKI TRIP 5.00
6075 SU011HIEST SNO,IMOBILE ASSOC SERVICE-PARK DEPT 1506.57
6026 SORTPWLST S03003AN PUBLISHING INC LEGAL ADS A ADS FOR LIQUOR STORES 529.34
6027 GUY SPEAM COMPANY INC CIRCULAR CHARTS-HIDDEN POND RESERVOIR 69.56
3 SPORTS WORLD - EQUIPMENT-COMMUNITY CENTER 518.00
,L9 SPURTS WORLD WHISTLES & FOOTDALL-REC DEPT 41.90
6030 STATE TREASURER
1 -1 CAROL STAUB
DON SIMLA WELL DRILLING
6033 STLVE SULLIVAN
6034 STATE TREASURER
6035 SPENCER STEVENS
6036 SUTPHEN CORPORATION
6037 TAYLORS MANUFACTURING
6038 JOHN THOMPSON
6039 LOWELL THONE
6040 CARRIE TIETZ
6041 USPCA
6042 UNIFORMS UNLIMITED
6043 UNIVERSITY OF MINNESOTA
6044 VAN WATERS & ROGERS
FEE-WATER DEPT
REFUND-SKI LESSONS
SERVICE-CITY HALL
MILEAGE-PLANNING DEPT
SNOWMOBILE SAFETY CERTIFICATE-REC DEPT
REFUND-SWIMMING
MAINTENANCE AGREEMENT-AERIAL TRUCK
PUSH BUMPERS-PUBLIC SAFETY
REFUND-BATON A DANCE CLASS
SCHOOL-BUILDING DEPT
SERVICE-PARK & RECREATION COMMISSION MTG
DUES-CANINE UNIT
BADGE-ANIMAL CONTROL
SLIDE RENTAL-FORESTRY DEPT
-CHLORINE LIQUID & SODIUM SILICOFLUORIDE-
WATER DEPT
5.00
9.00
36.00
21.00
26.00
6.60
400.00
12.00
54.70
34.50
48.0
31.5u
6.00
1710.70
6045 VIKING LABORATORIES INCORPORATED CONCESSION STAND SUPPLIES-COMMUNITY CENTER
6046 VINCENT BRASS & ALUMINUM SCREWS & NUTS AND BOLTS-STREET MAINT
6047 WALL STREET JOURNAL SUBSCRIPTION-FINANCE DEPT
6048 JASON WELKER REFUND-SKATING
6049 SANDY WERTS JANUARY MILEAGE
6050 WESCO LAMPS-PARK MAINTENANCE
6051 SHANNON WHITE REFUND-SKI TRIP
6052 JOE WIETHOFF VOLLEYBALL & BASKETBALL OFFICIAL
6053 WILSON TANNER GRAPHICS CARDS-.] R CUMMIN HOMESTEAD
6054 XEROX CORPORATION DECEMBER SERVICE
5 ZIEGLER INC FLASHERS & SWITCH-EQUIPMENT MAINTENANCE
J.1377
275.30
51.01
94.00
10.3P,
44.83
106.2
5.00
231.00
50.00
1369.90
149.1i
$379603.67
7q
Form 28
75
NOTICE OF APPOINTMENT
OF ASSISTANT WEED INSPECTOR
FOR CITY, VILIA.GE OR FOR TOWNSHIP
TO: THE COnTLSSIONER OF AGRICULTURE, ST. PAUL, MINNESOTA
In accordance with Ninnesota Statutes, 1973, Chapter
1
8
.
2
3
1
,
P
a
r
a
g
r
a
p
h
2
a
n
d
3,
pertaining to assistant weed inspectors, I,
Wolfgang H. Pen7e1
(Hayor of Chairman)
of
Eden Prairie of Hennepin
(City, Village or Township)
County, Minnesota, do hereby appoint Mr.
Address Telephone No.
to be Assistant Weed Inspector for the period beginn
i
n
g
19
(Month & Date)
and continuing until such tine as the Town Board or M
a
y
o
r
w
i
s
h
e
s
t
o
t
e
r
m
i
n
a
t
e
said appointment, at a wage of $ per month, .or $ per day,
or $ per hour.
This appointment confers on said appointee all the d
u
t
i
e
s
,
a
u
t
h
o
r
i
t
y
a
n
d
p
r
i
v
i
l
e
g
e
s
of any local weed inspector as outlined by law.
Signed:
(Mayor)
or
Signed:
(Chairman of Township Board)
Date 19 Address
One copy to your County Agricultural Inspector.
One copy to your local clerk.
sem:
January 27, 1983
TO: Carl Jullie, City Manager
FROM:
Jack racking, Director of Public Safety
SUBJECT:
1983 RESCUE TRUCK BIDS
BIDDER
AMOUNT
* 1. H.A.R. Ambulance Rebuilders (First Response) $49,956.95
Road Rescue 52,449.00 ($50,796.86-see below)
Miller Meteor Sales (Wheeled Coach) 54,169.00 (inside cabinets-aluminum)
Miller Meteor Sales (Wheeled Coach) 52,669.00 (inside cabinets-wood)
* Does not meet specifications
** If we prepay, we will receive a discount of $1,652.14. This would bring the bid
amount of $52,449.00 down to $50,796.86. I have discussed this with John Frane
and he informed me that this would be to the benefit of the city to use the pre-
payment option as long as we receive a performance bond. I have discussed this
with the regresentativ2 from Road Rescue and they will furnish us with a 100Z
perfciTonce bond. The council should also be aware that the performance bond
would be checked by our city attorney before payment is made.
-** Miller Meteor submitted two bids as shown above. One is with aluminum inside
cabinets and the othcr bid is with wood inside cabinets.
**** The wood does not meet our specifications.
I have personally inspected and ridden in all three vehicles. I have visited the
Road Rescue Company a total of five times. Mayor Menzel had the opportunity to
accompany me on one of those visits. The Road Rescue vehicle meets our specifica-
tions and we are asking the city council to approve #2 - Road Rescue - in the amount
of $52,449.00 or $50,796.86 prepayment option with city attorney approval.
It should also be mentioned that the Road Rescue (sales and manufacture) is a
Minnesota company lcoated in St. Paul. They can provide us with immediate service
of all parts and repair.
The First Response Distributor H.A.R. is located in Victoria, Minnesota, however
the factory is located in Atlanta, Georgia. The Wheeled Coach distributor is
located in Minneapolis, however the factory is located in Orlando, Florida.
I 011 be at the council meeting on Tuesday evening to answer any questions that
the council may have.
7(n
H.A.R. FIRST RESPONSE DOES NOT MEET OUR SPECIFICATIONS
WE REQUIRED THE DEALERSHIP TO HAVE HANDLED THE PRODUCT BID FOR A MINIMUM OF
3 YEARS.
H.A.R. has handled the product for 3 weeks.
WE REQUIRED A LIST OF 8 COMMUNITIES USING THE PRODUCT BID
H.A.R. did not provide us with a list of any communities using this
type of vehicle.
WE REQUIRED THAT THE VERTICAL FRAMING SUPPORTS AND ROOF CROSS MEMBERS BE BUILT
ON 12" CENTERS
H.A.R. builds theirs on 18" centers
WE REQUIRED THAT THE INTERIOR SIDEWALLS SHALL BE .063 ALUMINUM SHEET
H.A.R. uses birch plywood with formica covering
WE REQUIRED A SLIDING DOOR BETWEEN THE DRIVER'S COMPARTMENT AND THE REAR OF THE
VEHICLE
H.A.R. provides a swinging door
WE REQUIRED THAT ALL THE INSIDE CABINETS BE CONSTRUCTED .090 ALUMINUM AND
LAMINATED WITH HEAVY GRADE VINYL
H.A.R. uses wood construction
WE REQUIRED A BATTERY INTERLOCK SYSTEM
H.A.R. cannot supply this system
WE REQUIRED A DASH MOUNTED CONSOLE
H.A.R. provides an overhead console
In comparing the three vehicles, Road Rescue, Wheeled Coach and First Response
H.A.R., Road Rescue and Wheeled Coach are of equal quality. First Response H.A.R.
does not, in my opinion, measure up to the other two in construction, quality and
inside finishing.
MEMORANDUM
TO:
TURD:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Carl Jullie, City Manager
Bob Lapbert, Director of Community Service
s
January 27, 1983
Recreation Program Refund Policy
lie City provides refunds to people that h
a
v
e
r
e
g
i
s
t
e
r
e
d
f
o
r
r
e
c
r
e
a
t
i
o
n
programs for two reasons:
1. The City would cancel the program due to l
a
c
k
o
f
registration.
2. An individual who has signed up for a regi
s
t
r
a
t
i
o
n
decides for some reason that they do not w
a
n
t
t
o
tike the class.
All refund checks are presently held until
t
h
e
n
e
x
t
C
o
u
n
c
i
l
m
e
e
t
i
n
g
,
it which time they are approved. In some c
a
s
e
s
,
t
h
i
s
m
i
g
h
t
b
e
u
p
to three weeks after the program has been c
a
n
c
e
l
l
e
d
o
r
a
n
i
n
d
i
v
i
d
u
a
l
has decided not to participate in the prog
r
a
m
.
(
i
f
a
p
e
r
s
o
n
h
a
s
registered for a program and later on deci
d
e
s
n
o
t
t
o
p
a
r
t
i
c
i
p
a
t
e
a
$3 administrative fee is subtracted from t
h
e
r
e
f
u
n
d
.
)
There has been some concern voiced by resi
d
e
n
t
s
r
e
g
a
r
d
i
n
g
t
h
i
s
d
e
l
a
y
in receiving a refund check. Staff is req
u
e
s
t
i
n
g
t
h
e
C
i
t
y
C
o
u
n
c
i
l
to consider authorizing the Finance Depar
t
m
e
n
t
t
o
s
e
n
d
o
u
t
t
h
e
r
e
f
u
n
d
checks along with the notice of cancellat
i
o
n
,
i
n
t
h
e
c
a
s
e
o
f
C
i
t
y
cancelled programs, and to send out refun
d
c
h
e
c
k
s
i
m
m
e
d
i
a
t
e
l
y
u
p
o
n
receiving notice from an individual that th
e
y
a
r
e
u
n
a
b
l
e
t
o
p
a
r
t
i
c
i
p
a
t
e
in the program.
The City offers programs approximately fou
r
t
i
m
e
s
a
y
e
a
r
;
t
h
e
r
e
f
o
r
e
,
about four times a year the City would be
p
r
o
c
e
s
s
i
n
g
a
p
p
r
o
x
i
m
a
t
e
l
y
30-40 checks for refunds of progams the Ci
t
y
h
a
s
c
a
n
c
e
l
l
e
d
d
u
e
t
o
l
a
c
k
of participation. The individual cancella
t
i
o
n
s
w
o
u
l
d
b
e
s
p
r
e
a
d
o
u
t
o
v
e
r
a
greater period, hot again the number of ch
o
c
k
s
i
s
r
e
l
a
t
i
v
e
l
y
s
m
a
l
l
r
e
g
a
r
d
i
n
g
individual cawellations (the $3 administr
a
t
i
v
e
f
e
e
h
a
s
g
r
e
a
t
l
y
r
e
d
u
c
e
d
the number of cancellations).
Staff will he prepared to answer any quest
i
o
n
s
t
h
e
C
o
u
n
c
i
l
m
a
y
h
a
v
e
a
t
the l'elimiry 1, 1983 meeting regarding th
i
s
r
e
q
u
e
s
t
.
BL:md
'TX