HomeMy WebLinkAboutCity Council - 01/06/1976 JOHN FRANE
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 6, 1976 7:30 PM, CITY HALL
COUNCIL MEMBERS: Joan Meyers, Billy Bye, Wolfgang Penzel and
Sidney Pauly
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam; Finance
Director John Frane; Director of Community
Services Marty lessen; Engineer Carl Jullie;
Joyce Provo, Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. OFFICIAL DESIGNATIONS
A. Appointment of Acting Mayor.
B. Appointment of Mayor.
C.Appointment of Councilperson.
II. APFROVAI,OF AGENDA AND OTHER ITEMS OF BUSINESS
III. MINUTES
A. Minutes of the Regular Meeting held Tuesday, December 2, 1975. Page 1499 I
' B. Minutes of the Regular Meeting held Tuesday, December 9, 1975. Page 1505
C.Minutes of the Special Meeting held Saturday, December 20, 1975. Page 1513
It IV. APPOINTMENTS
A. Suburban Rate Authority - Appointment of Director and Alternate
Director. Appointments by Council - 1 year terms.
B. Suburban League of Municipalities - Appointment of 1 Representative
and 4 Alternates. Appointments by Council - 1 year terms.
C.Metropolitan League of Municipalities - Appointment of 1
Representative and 4 Alternates. Appointments by Council - 1 year
terms.
Council Agenda - 2 - Tues.,January 6, 1976
IV. APPOINTMENTS (continued)
{
D.South Hennepin Human Services Council -Appointment of 2 Page 1516
Representatives. Appointments by Council - 2 year terms.
E. CATV Study Commission - Appointment of Council Representative.
Appointment by Council.
F. WAFTA (Western Area Fire Training Association) - Representative
to be appointed by Council.
G.Board of Appeals and Adjustments - Appointment of 5 Representatives.
Appointments by the Mayor with the consent of the Council - 1 year
terms.
H.Building Code Board of Appeals -Appointment of 5 Representatives.
Appointments by the Mayor with the consent of the Council - 1 year •
terms.
I. Planning Commission -Appointment of 4 Representatives (2 appoint-
ments for three year terms, one appointment to fill unexpired term
ending 12/31/77, plus 1 Council Representative). Appointments by
Council.
J. Parks, Recreation and Natural Resources Commission-Appointment
of 5 Representatives (2 adult members for three year terms, 2 youth
members to fill unexpired terms ending August, 1976, plus 1 Council
Representative. Appointments by the Council.
K. Human Rights Commission - Appointment of 7 Representatives (4 adult
members for a term of three years each, two youth members for a term
of one year each, plus 1 Council Representative). Appointments by
Council.
L. Appointment of City Attorney. Appointment by Manager subject to
approval of Council.
M.Appointment of Health Officer-One appointments for a 1 year term.
V. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 311 relating to licensing of contractors Page 1517
of the City of Eden Prairie.
B. 1st Reading of Ordinance No. 310, Fee Ordinance. Page 1521
C.Resolution No. 1066 - 1976 Meeting Dates and Times. Page 1523
D.Resolution No. 1067, Designating Official Newspaper. Page 1524
Council Agenda - 3 - Tues.,January 6, 1976
V. ORDINANCES & RESOLUTIONS (continued)
E. Resolution No. 1068 - Official Depository for City Funds. Page 1532
F. Resolution No. 1069 - Investment Authorization. Page 1533
G.Resolution No. 1070 - Signatory Authorization. Page 1534
H.Resolution No. 1071 - Facsimile Signatory Authorization. Page 1535
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Tames Trench, Attorney for DeForst Underdahl, vequestinq page 1536
the granting of a building permit for Mr. Underdahl to build a home
on his property. (Tract B of Registered Land Survey No. 756).
B. Communication from lack Bailey, Mayor of Minnetonka, pertaining to page 1545
the vacant building on the grounds of Glen Lake Sanitarium for use
as a detox center for Hennepin County. (Letter dated 12/22/75)
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of City Manager
1. Authorization for Public Safety to advertise for bids for Page 1547
two civil defense warning sirens.
2. Agreement for Contractual Services for Health Authority for Page 1553
the City of Eden Prairie for 1976.
3. Lost City of Eden Prairie Water and Sewer Bond Coupon.
Page 1554
B. Report of City Engineer
1. Resolution authorizing eminent domain proceedings as required Page 1555
for T.H. 169 improvement project STR 74-3-09, I.C.51-266.
C.Report of Director of Community Services
1. Resolutions authorizing 1976 LAWCON Grant application. Page 1557
2. Request for advance payment for Blacklock property.
Page 1562
D.Report of Finance Director
1. Clerk's License List. Page 1565
VIII. ADTOURNMENT.
Council Minutes - 2 - Tues.,December 2, 1975
Jerry Bloom, Methodist Hospital, stated that the estimated cost of
ithe construction of their building to be approximately $483,000.00
for Phase 1.
City Manager Ulstad explained that additional security for Eden Prairie
would be a bond or a letter of credit or any other way the Council may
choose. Somewhere along the way the City has to look at what we are
trying to accomplish. We have suggested a 10 year bond or whatever is
equivalent, that would insure the City about 68% of the total interest
and principle payment of these improvements.
MOTION: Meyers moved, seconded by Penzel, to continue the Public
Hearing on Areas F and G of the Preserve Commercial Plan until
December 9, 1975, and direct the staff and City Attorney to research the
bonding or guarantee assessment procedures available. Motion carried
unanimously.
B. Mitchell Lake PUD Revision, request by Pemtom for revision to the approved
1971 PUD and rezoning from Rural to RI 13.5 for the single family portion.
Mr. James Hill, V.P. in Charge of Design for Pemtom, spoke to his
communication dated December 2, 1975 outlining Pemtom's request to modify
the Mitchell Lake PUD, noting they would go along with the recommendations
of the Staff Report dated October 23 with the exception of recommendation
1.A. pertaining to the peninsula. .
Mr. Thompson, President of Pemtom, noted that this peninsula Is the most
valuable aspect of this project, and that the land value would be
approximately $450,000.00. He anticipated these lots to be the most choice
and would be the first lots to sell, making this entire project economically
feasible. Also spoke to Pemtom's four reasons listed in their communication
dated December 2, 1975 for opposing the recommendation of the City to hold
the peninsula site for six months. Pemtom is anxious to develop this project.
Thompson stated that if they do not have a determination and If it has to be
postponed six months, then there is a matter of price, and he is not sure
the City wants to pay $450,000.00 for the peninsula. Feels if the Council
goes along with the Parks, Recreation & Natural Resources Commission and
Planning Commission's recommendations, then it would not be feasible for
Pemtom to go ahead with this project.
Putnam outlined the Planning Commission's 11 recommendations on page 3
of the Planning Commission minutes dated October 28, 1975. He further
noted that the site is definitely unique and there is probably not another
spot like it in laden Prairie, but felt at the staff level that it was something
that had to be brought to the attention of the City as a resource that should
be retained. Putnam agreed that the lots on the peninsula would be expensive,
but questioned! the $35,000 an acre figure estimated by Pemtom.
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Council Minutes - 3 - Tues.,December 2, 1975
1Osterholt asked what problems were involved in servicing the peninsula
with utilities.
Jullie responded there would have to be a lift station provided for the
peninsula. Further stated that this would be the toughest part of the •
property to serve, but It could possibly be done.
MOTION: Meyers moved, seconded by Pauly, to close the Public
Hearing and adopt Resolution No. 1065 approving the revised Mitchell Lake
PUD 75-04 as suggested by the Planning Commission in the
recommendations of their October 28, 1975 meeting. Roll Call Vote:
Meyers, Penzel and Pauly voted "aye", Osterholt voted "nay". Motion
carried.
MOTION: Penzel moved, seconded by Pauly, to amend the previous
motion by deleting recommendation A.1. from the main motion. Roll Call
Vote: Pauly and Penzel voted "aye", Meyers and Osterhoit voted "nay".
Motion failed.
Meyers stated that she thought it was worthwhile for the City to take an
extra six months to see if it is feasible for the City to purchase the peninsula
for park purposes.
Mr. Hill requested that their rezoning application be withdrawn until the
City decided if they want to purchase the peninsula for park purposes.
The Council granted this request.
MOTION: Meyers moved, seconded by Penzel, to direct the staff to draw
up a developers agreement for the PUD based upon the Staff Report
dated October 23, 1975, and the Planning Commission's recommendations
dated October 28, 1975. Motion carried unanimously.
C. Carnes/Tangen Rezoning, a request for rezoning from Rural to R1-22 for
3 lots. The lots are located north of Willow Creek Addition and east
of Bryant Lake.
City Manager Ulstad stated that the Carnes/Tangen request for rezoning
will complete the Willow Creek addition as to land use for the total area.
Further noted that both the Planning Commission and Parks, Recreation
and Natural Resources Commission recommend approval.
Jim Olson, Attorney for Carnes and Tangen, outlined the area requested
for rezoning. He stated the proponents are willing to dedicate the additional
9 feet to enlarge the road right-of-way to 44 feet, but they have no control
over the other landowner's dedication, selling, or easement of additional
right-of-way.
. Carnes stated that he would, along with Dr. Tangen, continue to maintain
the road.
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Council Minutes - 4 - Tues.,December 2, 1975
C. Carnes/Tangen Rezoning, a request for rezoning from Rural to R1-22
tfor 3 lots. (continued)
MOTION: Meyers moved, seconded by Pauly, to close the Public Hearing
and give a first reading to Ordinance No. 313 granting rezoning from rural
to R1-22 for 3 lots outlined in the Tangen/Carnes rezoning request and the
Planning Commission's recommendations of November 10, modifying 4.d. to
read "that the maximum street right-of-way be acquired and dedicated to the
City at this time as per the proponents ability". Further amend
recommendation 1 in the Planning Commission minutes dated November 10,
1975 by adding "No building permits be granted until a satisfactory
percolation test on each of the lots has been received or until utilities
are available". Roll Call Vote: Meyers, Penzel, Osterholt and Pauly
voted "aye", motion carried.
•
II. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of City Engineer
1. Final plat approval for "Flying Cloud Center" Addition
City Engineer jullie outlined his memo dated November 26, 1975,
and distributed a letter from Wm. Henning, President of the
Flying Cloud Addition (Titus, Inc.).
Meyers urged the staff to come up with a specific and more
reasonable policy for cash to lieu of land at least for the Major
Center Area. Does not feel reasonable dedication in this case
is sufficient.
MOTION: Penzel moved, seconded by Meyers, to adopt
Resolution No. 1061 and instruct staff to modify the naming of
the proposed Leona Road stub to Titus Road. Further create an
additional dedication on the plat to provide adequate turning radius
at the north end of Titus Road. Motion carried unanimously.
2. Accept streets and utilities within Northmark 2nd Addition
MOTION: Penzel moved, seconded by Pauly, to accept the streets
and utilities within Northmark 2nd Addition. Motion carried
unanimously.
B. Report of Director of Community Services
1. Consideration of rental of the Blacklock House at Anderson Lakes
City Manager Ulstad outlined the memo from the Director of Community
Services dated November 28, 1975, requesting the Council's approval
l649%
Council Minutes - 5 - Tues.,December 2, 1975
+1. Consideration of rental of the Blacklock House at Anderson Lakes (continued)
to rent the Blacklock House, stating that the figure of$275.00 per
month would be a reasonable rental charge for this home. Also
suggested renting the Heppes home for $150.00 per month.
MOTION: Meyers moved, seconded by Penzel, to authorize
the City to proceed with the rental of the Blacklock home at
$275.00 a month, and the Heppes home at $150.00 per month. Motion
carried unanimously. •
C. Report of City Manager
1. Council vacancy - Council to determine procedures for interview
process of Council candidates
MOTION: Meyers moved, seconded by Penzel, to set a Special
Council Meeting for December 20, 1975, 9:30 AM at the City Hall,
for the purpose of interviewing the three finalists for the vacancy
to the City Council position. Further direct the City Manager
to schedule interviews at 9:30 AM, 10:30 AM, and 11:30 AM, allowing
the Council to interview each candidate for one hour. Interviews
to be conducted in alphabetical order. Meyers, Penzel and Pauly
voted "aye", Osterholt abstained. Motion carried.
Osterholt requested to not attend the meeting on December 20.
Request granted.
Meyers suggested that each Council member submit a list of
questions to ask each of the candidates.
Penzel stated that questions Council members wish to ask candidates
be submitted to the City Manager by December 20.
III. NEW BUSINESS
A. Meyers requested staff research adopting an ordinance regarding connecting
to utilities within a period of time.
B. Pauly questioned if it is proper to single out youth members on advisory
commissions and if this is in conflict with the Affirmative Action Program.
Mr. Perbix said he would review the Affirmative Action Program.
C. City Attorney Perbix asked if the Council had received memo on the
Underdahl property on Eden Prairie Road. Ulstad stated an application
has been received for a permit and asked the Council how they wanted to
proceed with this item. Osterholt replied that if the opponent or proponent
request to be placed on the Council agenda, they may do so.
/503
Council Minutes - 6 - Tues.,December 2, 1975
III. NEW BUSINESS (continued)
D. Penzel requested the City Manager inform the Council on December
9th tf it will be necessary to hold a Council meeting on December 23rd.
E. Meyers questioned the locations of the warning sirens.
F. Meyers asked (f it would do any good for the Council to submit a
setter to the Highway Department regarding the speed limit on
Highway 4.
U1stad explained that the City has negotiated from 50 MPH to
40 MPH on County Road 4 on a temporary basis. He further recommended
the Council accept a 45 MPH speed limit if offered,
because tf we pursue it further we may end up with 50 MPH.
MOTION: Meyers moved, seconded by Penzel, to draft a strong
resolution stating the City will not accept the 45 MPH
speed limit because of safety, citizen concern, and unsafe bicycle
paths that have been installed. Motion carried unanimously.
IV. ADJOURNMENT
MOTION: Penzel moved, seconded by Meyers, to adjourn the meeting
at i0:40 PM. Motion carried unanimously.
I
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 9, 1975 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt
William Bye
Joan Meyers
Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbix
City Engineer Carl Mlle
Chief BIdg.Inspector Wayne Sanders
Director of Community Services Marty lessen •
Maintenance Supervisor Ray Earls
Finance Director John Frane
INVOCATION - Anthony Harris, Immanuel Lutheran Church
PLEDGE OF ALLEGIANCE
ROLL CALL- Osterholt, Penzel and Meyers present. Pauly arrived at Council
meeting at 7:50 PM. Bye absent.
I. MINUTES OF THE REGULAR MEETING HELD TUESDAY, NOVEMBER 25, 1975.
Page 2, 3rd paragraph, 2nd line, after "their" and before "donation" insert "first".
Page 3, 6th paragraph, 1st line, strike."the inconsistency" and insert "inconsistencies",
and in the same para., 2nd line, strike "does" and insert "he would".
Page 4, 1st para., 3rd line, after "Council" add"with a recommendation on this
parcel and information on similar parcels in the community".
Page 5, 4th para., strike the last two lines in the paragraph.
Page 6, 5th para., 2nd line, strike "select" and insert "selection".
Page 6, after the 7th para. add a new para. to read: "The Manager requested
participation of the Planning & Zoning Commission in the drafting of the
contract. The Council concurred with this request."
Page 9, strike paragraph 3 and insert in lieu thereof: "The four Council members
voted by weighted ballot narrowing the ten applicants down to three,
• the three being Tim Pierce, Paul Redpath and Don Sorensen.
MOTION: Penzel moved, seconded by Meyers, to approve the minutes of the
November 25, 1975 Council meeting as corrected. Motion carried unanimously.
Lounctt ivumutes - s - rues.,uecemuc, J, 1s/J
A. First Reading of Ordinance No. 310, amending Ordinance No. 280 (Fee
Ordinance) (continued)
bsterholt questioned why the reduction in fee from $200.00 to$150.00
in Sections 5.1 and 5.3. The general consensus of the Council was
to leave the figure at $200.00.
Meyers stated that the present ordinance regarding gravel mining is
probably good enough, but isn't being enforced. Should consider having
fee that would cover the cost of an employee inspecting the gravel pits
as they are being mined, and also the wear and tear damage on the
road.
The Council along with Director of Community Services lessen discussed
in general a graduated scale depending on estimated amount of gravel to
be removed.
Pauly questioned if Section 4.6 A can be enforced. Osterholt commented 1
that this section is too broad in scope. Penzel suggested modification
to Section 4.6 A to read: "Unit heaters, wall furnaces, space heaters
and other supplemental heating equipment for permanent Installation -
$5.00 per unit."
Osterholt suggested that a Si,500 fee be substituted for wine licenses
and that$2,000 is too high. Penzel stated that he would not have any
objection to the $1,500 figure.
MOTION: Meyers moved, seconded by Pauly, to continue the Fee
Ordinance until January 6, 1976, direct the staff to have recommendations
on gravel licenses, and further direct the City Attorney to draft a
separate ordinance for wine license fees. Motion carried unanimously.
B. First Reading of Ordinance No. 311, relating to licensing of contractors
of the City of Eden Prairie.
Chief Building Inspector Wayne Sanders stated that the major change
in Ordinance No. 311 is that only one license would be required of a
contractor if he wishes to build both muitt-family dwellings, office and/or
commercial, and also one and two family dwellings. Under the
present,ordinance contractors would have to take out two separate
licenses.
Perbix explained that the same contractors have been licensed under the
present ordinance two separate ways, and that under Ordinance No. 311
if the City is licensing the higher of the two classes, the contractor
would not have to take out a license for the lesser.
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Council Minutes -4 - Tues.,December 9, 1975
B. First Reading of Ordinance No. 311, relati_g two licensing of contractors
of the City of Eden Prairie (continued)
•
MOTION: Meyers moved, seconded by Fenzel, to approve the first reading
of Ordinance No. 311, an ordinance relating to licensing of contractors of the City
of Eden Prairie. Roll Call Vote: Pauly, Penzel and Meyers voted "aye",
Osterholt voted "nay". Motion carried.
C. First Reading of Ordinance No. 312, amending Ordinance No. 250
(Food Handling Ordinance).
Penzel suggested the foilowing amendments to Ordinance No. 312: Strike
existing language in "bb", and insert in lieu thereof "(bb) Church: A religious
body organized to sustain public worship and are recognized as such by
the laws of the State of Minnesota." Add "(cc) Civic Organizations:
Groups organized for the purpose of performing functions of civic or community
support nature, but excluding homeowner associations and their facilities".
In Section 5 after "(a)" add a new "(b)" to read: "(b) Civic Organizations -
for short term events such as community festivals", renumber present "(b)" to
(c),.
MOTION: Fenzel moved, seconded by Meyers, to direct the staff to
redraft Ordinance No. 312,including suggested amendments,and send a letter and
proposed Ordinance No. 312 to all school officials, civic and
community organizations requesting their feedback no later than
January 15, 1976. Motion carried unanimously.
D. Resolution No. 1062, Crime Prevention Continuation Grant, authorizing
submission of the grant application and execution of the grant agreement.
Public Safety Director Hacking spoke to his memo dated December 4, 1975
outlining the grant applicatton,and further stated that their request is
for 3 men instead of 4 as this would be more in line with current budget
levels in the City. He further explained that the 3rd person would not be
accepted if Public Safety's budget could not provide the $900.00 cash
match against the salary for the third man.
Penzel questbned what the earliest time might be for the City to pick up
the individual completely.
Hacking answered that it would be half in 1978,and the full amount in
1979.
MOTION: Meyers moved, seconded by Penzel, to adopt Resolution No. 1062
'authorizing submission of the grant application and execution of the grant
agreement. Motion carried unanimously.
150g
Council Minutes - 5 - Tues.,December 9, 1975
E. Resolution No. 1064, Speed Limit on County Road 4.
Council members expressed their opinions that the resolution was not
strong enough and suggested the following for inclusion in the
resolution:
9th "Whereas" stated "numerous changes", should read
"major changes".
Under "a" it states "Westerly edge", and it is really on
both sides.
Bikeway is at same elevation as street and acts as a passing
lane - is in opposition to our official City policy on bike
pathways.
Do not request 40 MPH speed limit, but ask for speed limit
of 40 MPH. •
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No.
1064 and direct the staff to send resolution to the County Board,
County and State Highway officials. Further direct the City Attorney
to strengthen the language within the resolution. Motion carried
unanimously.
IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of City Engineer
1. License Renewal for B & R Rock Company - Gravel mining operation
at 76th & Washington Avenue.
City Engineer jullie outlined his memo dated December 5, 1975, noting
that the Council had previously asked for additional studies and that
the staff work with Mr. Pearson in an attempt to develop a plan that would
be acceptable. jullie stated that he has been working with Mr. Pearson
and his legal counsel and have come up with the following two
recommendations: 1) The City Council may desire to refer this
matter to the Planning and Zoning Commission for their review and
recommendations prior to Council action, or 2) if the Council is satisfied
with the grading plan agreed to by Mr. Pearson, it is recommended that
the City Attorney be directed to prepare a written performance agreement
to he signed by the Mayor, Manager and B&R Rock Company, and this
agreement be attached to said grading plan dated December 5, 1975. The
license renewal requested would become effective upon finalization of
such agreement.
/509
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Council Minutes - 6 - Tues.,December 9, 1975
I. License Renewal for B & R Rock Company - Gravel mining operation
at 76th &Washington Avenue (continued)
Don Bundlte, Legal Counsel for Mr. Pearson, asked if this would
be for a long period of time or if it is a one year matter?
City Attorney Perbix explained that each year Mr. Pearson would apply
for renewal of his license to check to see if he has complied as he
has over the past few years.
MOTION: Penzel moved, seconded by Pauly, to approve gravel mining
license renewal for B & R Rock Company conditioned upon the revision
• of the grade to 870 and to meet strict requirements of erosion control.
Further that bonding be provided to assure that the Flood Plain and
Creek Valley are not damaged by the alteration of this site and direct
the City Attorney to prepare the necessary agreement. Roll Call Vote:
Penzel, Pauly and Osterholt voted "aye", Meyers voted "nay". Motion
carried. •
2. Resolution No.1063 directed to the Metropolitan Waste Control
Commission requesting "Interceptor" status for the DL-I trunk
sewer.
City Engineer Jullie outlined Resolution No. 1063 noting that the
City of Chanhassen has asked the City of Eden Prairie to join them
in this request.
MOTION: Meyers moved, seconded by Penzel, to adopt Resolution
No. 1063. Motion carried unanimously.
B. Report of Director of Community Services
1. Authorization to appraise peninsula at Mitchell Lake.
City Manager'listed outlined that the Council at their last regular
meeting approved the Mitchell Lake PUD Revision. One of the
recommendations set forth from the Planning Commission was that a six-
month time be set in which the City would seek funds to purchase the
peninsula. Requested the City Council authorize the employment of an
appraiser to establish value on behalf of the City.
Director of Community Services Jessen responded that in order for
the City of Eden Prairie to secure any funds from the federal, state
and regional agencies, we need to follow the Real Property Act at the
federal level. Estimated cost of an appraisal would be $500.00.
Pauly expressed her concern that if the property owner wants a certain
price, what good would an appraisal do.
/6" i
Council Minutes - 7 - Tues.,December 9, 1975
Authorization to appraise peninsula at Mitchell Lake (continued)
II!
Osterholt questioned if we could apply for a grant or funding without
an appraisal.
Jessen stated we could apply, but before it is approved we would have
to have an'appraisal report to be assured there is some basis for the
value we present. We have no idea of what the value of the property at Mitchell
Lake would be. Feels appraisal at this time would be appropriate.
Osterholt suggested that the City Assessor appraise the
peninsula at Mitchell Lake. The Council members agreed.
C. Report of City Manager
1. Sign Ordinance
MOTION: Meyers moved, seconded by Penzel, to continue the
Sign Ordinance until such time as the Chamber of Commerce is ready
to submit its' report. Motion carried unanimously.
2. Awarding of bids for 1 Sweeper, 1 Chipper, and 1 Striper.
Ulstad explained that at 10:00 AM on Friday, December 5, 1975,
bids were opened for three pieces of equlpment. Five bids were
received for the Chipper, 2 bids for the Sweeper, and only one bid
for the Line Striper.
MOTION: Penzel moved, seconded by Pauly, to award the bid to
Mac Queen Equipment Company for a Sweeper in the amount of
$25,351.00,with an additional $5,700.00 for hydrostatic drive.
Roll Call Vote: Penzel, Pauly, Meyers and Osterholt voted "aye".
Motion carried unanimously.
MOTION: Meyers moved, seconded by Penzel, to award the bid for a
Chipper to Hayden Murphy Company in the amount of$6,346,00. Roll
Call Vote: Meyers, Osterholt, Pauly and Penzel voted "aye". Motion
carried unanimously.
MOTION: Penzel moved, seconded by Meyers, to award the bid for
a Line Striper to Mac Queen Equipment Company for$3,650.00 with
options 1, 2 and 3. Roll Call Vote: Meyers, Osterholt, Pauly and
Penzel voted "aye". Motion carried unanimously.
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L ounctt minutes - 8 - Tues.,December 9, 1975
D. Report of Finance Director
1. Payment of Claims Nos. 8185-8280.
Penzel requested that a more definitive report be given on
Claim No. 8225 pertaining to the Gym at the Water Plant.
MOTION: Penzel moved, seconded by Meyers, to approve
Payment of Claims Nos. 8185 - 8280. Roll Call Vote: Meyers, Penzel,
Pauly and Osterholt voted "aye". Motion carried unanimously.
V. NEW BUSINESS
A. City Manager Ulstad stated, as per the Council's request, he had
checked with staff and does not feel it is necessary to hold a Council
meeting on December 23. The one area of concern would be the claims
that must be paid before the end of the year. Meyers requested that these
be ready to be acted upon at the Special Council Meeting scheduled for
December 20, 1975.
B. Meyers requested that staff check to see if Jerry Pautz would let the City
use his property in the Lochanburn area for a mini-rink as there are a
number of upset residents in this area because the City has not authorized
a mini-rink this year.
C. Meyers requested the staff investigate the building which looks like
a fish house in the Purgatory Creek Flood Plain off of County Road 4 across
from Paradise Valley.
D. Ulstad stated that the three applicants for the Council vacancy have been
notified of their Interviews on December 20, 1975.
E. Ulstad spoke to the recent letter received from Mr. Pautz which was sent to
each Councilman in the "For Your Information" packet.
F. Ulstad discussed the request for a liquor license by Dean Dresbach at the
Eden Prairie Supper Club.
G. Ulstad stated that he has completed the salary guideline proposal and would
like to have some time to spend with the Council on this matter. Hopes
this meeting could take place before the end of the year.
VI. ADJOURNMENT
MOTION: Penzel moved, seconded by Meyers, to adjourn the meeting at 10:40 AM.
Motion carried unanimously.
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EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING
SATURDAY, DECEMBER 20, 1975 9:30 AM, CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt
William Bye
Joan Meyers
Sidney Pauly
Wolfgang Penzel
ROLL CALL - Bye, Meyers, Penzel and Pauly present.
Mayor Osterholt was excused from meeting as per his earlier request.
I. CALL TO ORDER
The meeting was called to order at 9:30 AM by Vice Mayor Meyers.
II. APPOINTMENT OF SECRETARY TO TAKE MINUTES
Vice Mayor Meyers appointed Councilman Bye as Secretary.
III. APPROVE TENTATIVE AGENDA
MOTION: Pauly moved, seconded by Bye, to make the tentative
agenda permanent. Motion carried unanimously.
N. APPROVE LIST OF QUESTIONS 'IO BE ASKED OF 3 COUNCIL CANDIDATES
MOTION: Bye moved, seconded by Penzel, to approve questions to
be asked of 3 Council Candidates and that candidates.be interviewed
in the following order: 9:30 - 10:30 AM - Tim Pierce
10:30 - 11:30 AM - Paul Redpath
11:30 - 12:30 PM - Don Sorensen
Motion carried unanimously.
The following were a list of the approved questions-asked of 3 candidates.
1. Would you be able to serve either a 1 or 3 year term?
2. Do you feel you would represent a specific group, organization, or
special interest or viewpoint in the community on the Council?
3. Part of the Council member's job is to serve as a voting member and
Council liaison on commissions and boards. How do you feel about
this function? If you support this policy do you have a commission or
board preference and why?
/613
Special City Council Minutes - 2 - Sat.,December 20, 1975
4. To what degree should the City encourage development, including
the installation of utilities with bonded indebtedness financing?
5. Do you plan to run for office?
6. Should the City encourage development at the expense of our natural
resources?
•
7. Do you see service to residents or tax stablization as your first
priority?
8. What are your priorities in parks and recreation?
9. What role do you see for federal grants In time-limited programs?
10. Don Brauer has stated that the real heart of a community is In its' parks.
Do you agree or disagree?
11. A linear park along Purgatory Creek is suggested to the Guide Plan. Do
you think giving density credits to land owners so that the City will have
the linear park with the inevitable multiple housing adjacent to the park
l� the way to go, or do you have any other ideas?
12. The relationship of local politics to state and national politics.
13. Would you disclose your vote on questions 1 and 2 of the last bond
referendum, and would you be willing to explain the reasons for the way
you voted?
14. Would you be in favor of another bond referendum? If you favor this, would
it bo the same or would you suggest reevaluation of what the priorities
are for our community?
15. Do you have any potential conflict of interest?
Other questions were asked over and above the ones listed.
V. REPORT ON VACANCY PROCEDURE FROM CITY ATTORNEY PERBIX AND EFFECT
ON COUNCII.,'S FUTURE PLAN OF ACTION.
Vice Mayor Meyers reported on vacancy procedures from City Attorney Perbtx.
MOTION: Bye moved, seconded by Fenzel, to have a voice vote as to individual
preference for appointment to the Council which would indicate their intention
to vote when the official vote is taken at the Council meeting on January 6, 1976.
. Motion carried unanimously.
Special City Council Minutes - 3 - Sat.,December 2U, 1975
V. REPORT ON VACANCY PROCEDURE FROM CITY ATTORNEY PERBIX AND EFFECT
ON COUNCIL'S FUTURE PLAN OF ACTION (continued)
A Roll Call Vote was taken for individual preference to the Council position
as follows:
Pauly voted for Pierce
Penzel " " Pierce
Bye " " Redpath
Meyers " " Sorensen
Discussion took place from Council members as to their desires and
availability to fill Mayor's vacancy. Penzel stated that he had informed
the Council members previously that he strongly desires to fill the
Mayor's vacancy. Pauly and Meyers said under certain conditions and
with some reluctance they would accept. Bye said he would definitely not
be interested in the Mayor's job.
Bye questioned Penzel that under present conditions was it his intention
to run for reelection in 1976 for the position of Mayor. Penzel replied
in the affirmative.
Penzel moved, seconded by Pauly, to have a voice vote as to individual
preference for appointment to the Mayor which would indicate their intention
to vote when the official vote is taken at the Council meeting on January 6, 1976.
Motion carried unanimously.
A Roll Call Vote was taken for individual preference to the Mayor's position
as follows:
Pauly voted for Penzel
Penzel " " Penzel
Bye " Meyers
Meyers " " Penzel
VI. APPROVAL OF CLAIMS NOS. 8281 - 8392
MOTION: Penzel moved, seconded by Pauly, to approve payments of Claims
Nos. 8281 - 8392 and continued the request by Les Blacklock to receive his contract
for deed payment to a future meeting. Roll Call Vote: Penzel, Pauly, Bye and
Meyers voted "aye". Motion carried unanimously.
VII. SET SPECIAL MEETING FOR 1976 SALARY REVIEW
MOTION: Bye moved, seconded by Pauly, to set a special meeting for
salary review from 4:00 PM - 6:00 PM, Tuesday, December 30, 1975.
Motion carried unanimously.
VIII. NEW BUSINESS
No new business.
IX. ADJOURNMENT
MOTION: Bye moved, seconded by Penzel, to adjourn the meeting at 12:45 PM.
Motion carried unanimously.
/516.
South Hennepin Human Services Council
6401 France Avenue South • Edina,Minnesota 55435
Phone 920-1194
Serving:
DEC Bloomington
6 1975 Eden Prairie
d Edina
Richfield
December 13, 1975
Mr. Roger Ulstad
City Manager, Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minn. 55343
Dear Mr. Ulstad: •
According to the bylaws of the South Hennepin Human Services
Council, appointments of Directors occur in January of each
year.
"The Council of each party shall appoint its four
directors. Such appointments shall be for terms
of two years and until such directors' successors
are selected and qualified, except that the first
directors shall be appointed by each party so that
the terms of two directors expire on January 31,
1973 and the terms of the other two directors expire
on January 31, 1974. In January of 1973 and each
January thereafter each party shall make two regular
appointments of directors whose terms shall be for
two years commencing on February first of the year
appointed."
The terms of two of your directors, Mr. John Frane and Council-
man Wolfgang Fenzel, will expire on January 31, 1976.
I would appreciate action by your City Council on the appointment
or reappointment to these two directorships some time in January.
Any questions regarding this process can be directed to me.
Sincerely,
f -
/1K•
C(,-
Philli J: Riveness
Executive Director PJR:jh /5/4
wni'/aza i2/2W is
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 311
AN ORDINANCE LICENSING BUILDING CONTRACTORS
DOING BUSINESS WITHIN THE CITY OF EDEN PRAIRIE.
THE COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section. l. License Required for Contractors of One and Two Family
Dwellings. No person, firm or corporation, except an owner for
• personal use and occupancy, shall construct, reconstruct, extend,
alter or repair any one or two family dwelling in the City unless
such person shall hold a valid contractors license, and furnish the
required bond and insurance as stated hereinafter. •
(a) License Application, The applicant shall file an
application at the City office containing the following information:
i. Whether the applicant is the owner of the
property doing the work for his personal
use and occupancy;
ii. Whether the applicant is a natural person,
partnership, corporation or other form of
applicant;
iii. The address of the applicant;
iv. Such other information as the Building
Inspector may require.
(b) License Fee. The annual license fee required by this
ordinance shall be as stated in a separate license and fee schedule
ordinance. License period shall expire on December 31st of the next
year following the year in which any license is granted.
(c) Bond Required. The applicant shall file with the
application, a bond in the amount of $5,000.00 in favor of the City,
conditioned upon compliance by the applicant that he will construct
any such building permitted hereunder in full compliance with all
applicable State or local codes and ordinances. Such bond shall be '
submitted on the form on file in the office of the City Clerk. The
surety thereon shall be a corporation duly authorized to act as such
under the laws of the State of Minnesota.
1A
kd) Liability Insurance. The applicant shall also furnish
proof that policy of public liability insurance has been procured
by him during the license period, for death or personal injury
arising therefrom to any person or persons, in amounts of not less
than $100,000.00 for each person, and $300,000.00 for each incident,
and for damage to property arising from any incident in the amount
of not less than $50,000.00.
Section 2. License Required for Contractors of Multi-family Dwellings,
Office and/or Commercial.. No- person, firm or corporation shall
construct, reconstruct, extend, alter or repair any multi-family
dwelling, office or commercial building in the City unless such
person shall hold a valid contractors license, and furnish the
required bond and insurance as stated hereinafter.
(a) License Application. The applicant shall file an
application at the City office containing the following information:
i. Whether the applicant is the owner of the
property doing the work for his personal
use and occupancy;
ii. Whether the applicant is a natural person,
partnership, corporation or other form of
applicant;
iii. The address of the applicant;
iv. Such other information as the Building
Inspector may require.
(b) License Fee. The annual license fee required by this
ordinance shall be as stated in a separate license and fee schedule
ordinance. License period shall expire on December 31st of the
next year following the year in which any license is granted.
(c) Bond Required. The applicant shall file with his applica-
tion a bond in the amount of $25,000.00 in favor of the City,
conditioned upon compliance by the applicant that he will construct
any such building permitted hereunder in full compliance with all
applicable State or local codes and ordinances. Such bond shall be
submitted on the form on file in the office of the City Clerk. The
surety thereon shall be a corporation duly authorized to act as such
under the laws of the State of Minnesota.
(d) Liability Insurance. The applicant shall also furnish
proof that policy of public liability insurance has been procured by
him during the license period, for death or personal injury arising
therefrom to any person or persons, in amounts of not less than
$200,000.00 for each person and $500,000.00 for each incident, and
for damage to property arising from any incident in the amount of not
less than $100,000.00.
(e) Any person, firm or corporation licensed or bonded under
this Section shall not be required to pay any separate license or
. - 2 -
bond under Section 1 herein, and shall be deemed to be licensed
under' said Section 1.
Section 3. Heating & Ventilation - Licensing Procedure, No person,
firm or corporation, except an owner for personal use and occupancy,
shall install, alter, reconstruct or repair any heating, ventilating,
comfort cooling or refrigeration equipment within the City, unless
such person shall hold a valid contractors license, and furnish the
required bond and insurance as stated hereinafter.
(a) License Application.. The applicant shall file an
application at the City office containing the following information:
i. Whether the applicant is the owner of the
property doing the work for his personal
use and occupancy;
ii. Whether the applicant is a natural person,
partnership, corporation or other form of
applicant;
iii. The address of the applicant;
iv. Such other information as the Building
Inspector may require.
(b) License Fee. The annual license fee reauired by this
ordinance shall be as stated in a separate license and fee schedule
ordinance. License period shall expire on December 31st of the
next year following the year in which any license is granted.
(c) Bond Required. The applicant shall file with the
application, a bond in the amount of $2,000.00 in favor of the City,
conditioned upon compliance by the applicant that he will construct
any such building permitted hereunder in full compliance with all
applicable State or local codes and ordinances. Such bond shall be
submitted on the form on file in the office of the City Clerk. The
surety thereon shall be a corporation duly authorized to act as such
under the laws of the State of Minnesota.
(d) Liability Insurance. The applicant shall also furnish
proof that policy of public liability insurance has been procured by
him during the license period, for death or personal injury arising
therefrom, to any person or persons, in amounts of not less than
$100,000.00 for each person and $300,000.00 for each incident, and
for damage to property arising from any incident in the amount of not
less than $50,000.00.
Section 4. Evidence of Satisfactory Work. Applicant must show
evidence of holding a contractor's or heating license in the City of
Eden Prairie or show evidence of ability to do satisfactory work.
/`)' ) _ 3 -
Sectiob 5. Repeals. Ordinance No. 200 is hereby repealed.
Section 6. Penalty. Any person violating the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction shall
be punished by a fine of not more than $300.00 or by imprisonment
for a period not to exceed 90 days.
Section 7. Effective Date. This ordinance becomes effective from
and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City
of Eden Prairie, this 9th day of December 1975, and finally read,
adopted and ordered published at a regular meeting of the City Council
of said City on the 6th day of January , 19 76.
Mayor
ATTEST:
John D. Frane, City Clerk
.our y, ,ar lar r.r k4)
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 310
AN.ORDINANCE REGULATING FEES AND CHARGES FOR
BUSINESS LICENSES, PERMITS AND MUNICIPAL
SERVICES, AND AMENDING ORDINANCE NO. 230.
The City Council. of the City of Eden Prairie ordains as follows:
• Section 1. Section 3 (3.4) of Ordinance No. 280 is deleted and
there is substituted therefor the following:
3.4 DOGS, Annual License Fee.
Male $4.00
Female (Spayed) $4.00
Female (Ilnspaycd) $4.00
Section 2. Section 3 (3.9) of Ordinance No. 280 is deleted and there
is subsIi.tued therefor the following
3.9 GRAVEL. MINING (Ord. No. 142 A 226)
Application Annual
1
Fee License Fee
I. Land alteration -
Incidental Mining
(0 to 25.000 c.y.4•/)
total plan volume $100.00 $100.00
II. Any pit - no processing;
(crusther, sledder screen
etc.) and less than 500,000
c.y. total plan volume $1,000.00 $1,000.00
III. Any operation with proc- •
essing, (crusher, screen,
shredder, etc.) or more
than 500,000 c.y. total
plan volume $1,200.00 $1,200.00
City Council Approval
Section 3. Section 4 (4.4) of Ordinance No. 280 under A - Single and
. 'Two Family Residences "Replacements and Additions", is amended by adding
the following:
15,11
- •
ra
ra/Jig al.IJI/IJ kJ/
•
Permanent installation of unit heaters, wall furnaces,
space heaters requiring gas piping an0 flues, and/or
l units that arc permanently wired - $5.00 for each unit.
Section 4. Section 4 (4.6) of Ordinance No. 280 is amended by adding
a now section as follows:
F. Repairs or Additions to Existing Work, If the cost of
the work to'be done is under $500.00, the fee shall be $7.50.
For each additional $100.00 :ar fraction thereof the fee shall
he $ 1.00 •
•
Section 5. That portion of Section 7 of Ordinance No. 280 relating
to Mark Ilurd Co. maps, is amended by changing the per acre fee from
$6.00 to $6.50 per acre. In all other respects, said fees paid therein
shall remain the same.
Section G. This ordinance becomes effective from and after its passage
and publication.
FIRST RFAD at a regular meeting of the City Council of the City of
Eden Prairie, this - day of , 19 and finally
read, adopted and ordered published at a regular meeting of the City
Council of said city on the day of , 19
Mayor
ATTEST:
John D. Frane, City Clerk
•
/502)
CITY OF EDEN PRAIRIE •
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO, 1066
A RESOLUTION DESIGNATING THE OFFICIAL MEETING
• DATES, TIME AND PLACE FOR THE CITY OF EDEN
• PRAIRIE COUNCIL MEMBERS IN 1976'
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
Minnesota, that they meet on the first, second and fourth Tuesdays of
each month at 7:30 PM, in the Eden Prairie City Hall, 8950 Eden
Prairie Road, Eden Prairie, Minnesota.
ADOPTED by the City Council of the City of Eden Prairie this
6th day of January, 1976. .
MAYOR
ATTEST:
• SEAL •
John D. Frane, Clerk
•
/523 .�
tf
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1067
A RESOLUTION DESIGNATING THE
AS THE OFFICIAL NEWSPAPER
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
Minnesota, that the be designated
as the official City newspaper for the year 1976.
ADOPTED by the City Council of the City of Eden Prairie this 6th
day of January, 1976.
MAYOR . .. .
ATTEST: • .... •
SEAL
•
John D. Frane, Clerk •
•
•
i5a ►
•
SUN NEWSPAPERS
6601 WEST SEVENTY-EIGHTH STREET
EDINA, MINN. 5S400 • 941-4800
December 15, 1975
•
City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Mn. 55343
Gentlemen: '
Your designation of the Hopkins-Minnetonka-Eden Prairie Sun to be continued
as your official newspaper for the year 1976 will be most appreciated. •
The rate for legal publications as set by Minnesota law is 20.5¢ per
line for the first insertion, 13.6¢ per line for each subsequent insertion.
Tabular matter, i.e., proper names, numbers, legal descriptions, etc. is
6.9¢ per line additional for the original insertion with no additional
charge for repeats of the original insertion. •
We will provide at no additional charge two notarized affidavits on each
of your publications. Additional notarized affidavits, on request, will
be furnished at 25¢ each.
All publications should reach this office by 2 p.m. Monday preceeding your
Wednesday publication.
In order to expedite our services to you, it is requested that you direct
your publications to the attention of Cicely Moon, Legal Department,
6601 West 78th Street, Edina, Minnesota 55435.
Thank you for your consideration of this, our official application for
designation of the Hopkins-Minnetonka-Eden Prairie Sun as your official
newspaper for the ensuing year.
Very truly yours,
SUN NEWSPAPERS, INC.
?tipt..elf4'
s R. Ritchay
utive Vice President
JRR:cm
/51
WO. POAMOC C pMM4M.••
er3
{ 8000 MITCHELL ROAD. EDEN PRAIRIE. MN. 55343
PHONE (612) 941-7344
Eden Prairie City Council
8950 Eden Prairie Road
Eden Prairie, MN 55343
Dear Sirs and Ladies:
The Eden Prairie Community News, Inc., desires to state at this time
that we 1) are desirous to bid for the printing of legal notices as
required of the city; and 2) have complied with all provisions under
state law which define a "legal newspaper."
Enclosed are copies of our affidavit of publication; receipt of having
sent the same by registered mail to the Secretary of State of Minnesota;
and receipt of said setter by said agency.
Rates set by the state printer's office for the EP News dictate a maxi-
mum legal rate of 22.9 cents per line. The state "adjusts" all news-
papers' rates in accordance with its "standard line." We would bid at
this rate, but with the exceptions bid to the school district: 1) we
wilt credit a 2 percent discount on all printing orders when paid with-
in 10 days of receipt of invoice. 2) we will print your synopses of
meeting minutes at 8 percent below the established rate.
Our hope is to continue serving the newspaper needs of the city and
school district, but now as a "legal" publication as well.
Sincerely,
2„LR. R
eanne Johnstone
Publisher
EP Community News
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• XVII-18
!NA Manual Steel Public Notice
Affidav(t of Publication
July 23, 1975 •
$T• •E OF MINNESOTA )
••) SS
COUNTY OF Hennepin )
•
t ,
Jeanne L. Jchnstnne being duly sworn, on oath says he is and during
*(a)
•all the times herein Stated has been the publisher and printer of
• Eden rrairie Community
.the newspaper known as News,Inc. and has full knowledge of the facts herein
*(b)
stated as follows: (1) Said newspaper is printed in the English language in news-
paper format and in column and sheet form equivalent in printed space to at least
*(c)
900 square inches. (2) Said newspaper is a weekly and is distributed at least
• *(c) *(d)
once each week. (3) Said newspaper has 50X of its news columns devoted to news of
local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality
*(a)
Which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75X of its total circulation currently paid
or no more than three months in arrears and has entry es second-class matter in its
local post-office. (5) Said newspaper purports to serve the city of
*(f) *(e)
Eden Prairie in the County of Hennepin and it has its
*(f)
known office of issue in the city of lade: Prairie in'said county.
• established and open during its regular bueiness hours for the gatheriaginng ogfe' c,er.
man )
sale of advertisements and Bale of subscriptions and maintained byof said pnblicat. fl
*(i)
persons in its employ and subject to his n direct o and control duri ll.
and devoted a>cl�.sir l) runi such regular h mess hours
a't
such regular business hours and to the bu.^.::.uss thg d'tias }ieit gtrelated tnerk
copy of each issue immcdietely with the State Historical Society. (7) Said news-
paper is made available at single or subscription pricer to any person, corporation,
partnership or other unincorporated asmociation requesting the newspaper end making
"(a) see footnotes page 3.
15at
•
•
Page 2-Public Notice
the .trpl1.•4P1e pdy-unit. (8) Said newspaper has complied with all the foregoing ^�
conditiaos f.'t at least'one year preceding the day or dates of publication mentioned
below. 01 Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966and each January 1 thereafter an affidavit in the form prescribed
nanat;in:• officer of acildh)
by the Secretary of State and signed by newtr,,ner and sworn to before a
notarytpublic stating that the newspaper is a legal newspaper.
Se further states on oath that the printed masthead n,iina
hereto attached as a part hereof was cut from the columns of said newspaper, and
was printed and published therein in the English language, once each week,
for . 52 successive weeks; that it was
first as published on Tuesday. - the 21 at day
of hovemoer 19 IL and was thereafter printed and ..)
published on every Thursday to end including the
the 20 ttday of itwenber 19 and that the following is a printed
copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknow-
ledged as being the size and kind of type used in the composition and publication of
*(k)
said notice, to vit: abcdefghifklmnopgratuvwxyz
abcdefghlJklmnopgrstuwrxyr
Subscribed and sworn to before me this day of 19
Notorial Seal) • Notary public, County, Minnesota
My Commission Expires 19
t '
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•
root notes:
(a) If the affidavit in being made by a foreman or clerk,
make appropriate insertion; if by the publisher-
printer, no insertion is needed. or i
(b) If newspaper is printed in foreignlanguage,appropriate s
ge
English and a foreign Lineage,
change or insertion and add a n was on ewenttence (10)20, e• sS
follows: "(10) Said nompaper
qualified as a medium of official and legal publica-
tion and has continually thereafter met the foregoing
tconditione."
(c) If newspaper is a daily, change "weekly" to "daily"
and change"once each week" to"five days each week,
or four days in a week in which a legal holiday is
included."
(d) If a daily, or semi-weekly, change 50%toc2 5%.e 5f)0 to
(e) If circulation is 240 but less than 500, B
240 and add a new sentenco (10) ea in footnote (b).
(f) Insert "city" and its name.
(g) Insert name of county. If the city .
is in two or more counties, add the words"lying
partly" before"in the county."
(h) Insert "the managing officer of said newspaper" i_'
• if a corporation, otherwise"the publisher of
said newspaper." oration, otherwise"his."
(i) Insert "its" if a core
(j) if the newspaper is printed at the known office
of issue, insert: "and at which said newspaper
•
is printed." If the newspaper is printed else-
where, insert: "and devoted excluaively during
such regular business hours to the business of
the newspaper and business related thereto."
(k) Alphabet to be in same size and kind of type
as notice.
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RECErT FOR CERTIFIED MAIk 30¢ (plus tage
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our affidavit letter R.ARTS ADDRESSED TO:
1 S.ARTICLE DESCRIPTION:
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1 . ',ST. PAUL, MINN. 551J•5
/531
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l531 .
. CITY OF EDEN i'RAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1068
A RESOLUTION DESIGNATING DEPOSITORY
FIRST NATIONAL BANK OF HOPKINS
BE IT RESOLVED, that the First National Bank of Hopkins,
Minnesota, authorized to do banking business in Minnesota be and
hereby is designated as an Official Depository forthe Public
Funds of the City of Eden Prairie, County of Hennepin, Minnesota,
for a period of one year from this date. The City Treasurer shall
secure and maintain adequate security for funds in the depository.
ADOPTED by the City Council on this 6th day of January, 1976.
MAYOR
ATTEST:
SEAL •
John D. Frane, Clerk
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1069
A RESOLUTION AUTHORIZING THE TREASURER TO INVEST CITY OF
EDEN PRAIRIE FUNDS IN THE FIRST NATIONAL BANK OF HOPKINS,
NORTHWESTERN NATIONAL BANK OF HOPKINS, FIRST NATIONAL BANK
OF MINNEAPOLIS, NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS,
CHANHASSEN STATE BANK OF CHANHASSEN, GLEN LAKE STATE BANK OF
MINNETONKA, FIRST EDINA NATIONAL BANK, FIRST SOUTHDALE NATIONAL
BANK OF EDINA AND SOUTHWEST FIDELITY STATE BANK OF EDINA, NORTH-
WESTERN NATIONAL BANK SOUTHWEST OR ANY OTHER BANK CHARTERED
TO IX) BUSINESS IN THE STATE OF MINNESOTA.
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County
of Hennepin, authorizing the Treasurer to invest City of Edon Prairie funds
in the above banks in Certificates of Deposits, U.S. Government Notes
and Bills, obligations of the State of Minnesota or any of its subdivisions,
Federal Government Agency Bonds and Notes. Savings Accounts and Repurchase
Agreements and any security authorized by law. The City Treasurer shall
secure and maintain adequate security for funds deposited.
ADOPTED by the City Council on this 6th day of January, 1976.
•
MAYOR
ATTEST:
SEAL
John D. Franc, Clerk
•
•
•
/533
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•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1070
•
BE IT RESOLVED, that the persons holding office as Mayor, Manager
and Treasurer of the City of Eden Prairie, be and they hereby are,
authorized to act for this City in the transaction of any banking business
with First National Bank of Hopkins, (hereinafter referred to as the bank),
such authority including authority on behalf of or in the name of the City
from time to time and until written notice to the bank to the contrary, to
sign checks against said account, which checks will be signed by the Mayor,
Manager and City Treasurer. The bank is hereby authorized and directed
to honor and pay any check against such account which is signed as above
described, whether or not said check is•payable to the order of, or
depositedto the credit of, any officer or officers of the City including the
signer or signers of the check.
BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign
checks as an alternate for the Mayor, the Deputy Treasurer be authorized
to sign checks as an alternate for the City Manager, and the Acting
Manager be authorized to sign checks as an alternate for the Manager.
•
•
•
MAYOR
•
ATTEST:
SEAL
John D. Franc, Clerk
•
•
/5gc'
AREA CODE ell (Ph DEC 15. 1975,338-.12
LAW OFFICE Of
TRdNCH,ERICSON,MAcGREGOR,LOHMANN&OBRIEN
1120-1130 ROANOMC BUILDING
MINNEAPOIIS.NINNESOTA 55.402
JAMES✓.TRCMCM OVULCT C.CRICSON WILLIAM C.M.CGM000R,✓R.
PAUL W.LOWMAN,. JOSCRN O.OUP.CM
LEWIS C.LONMANN
W M.F.M.cGwC9 ow,9w.116 6 6-19 6 01
MARRT S.CARSON n6 66-106 01
0OMA10 V.PRAT! ii 909-.9.5I
OCO.W.TOWNS[ND .905-196 51
•
December 12, 1975
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
ATTENTION: Roger Olstad, City Manager
Dear Mr. Oletad:
I would appreciate it if your staff would be able to issue a permit
to Mr. Der'orest D. Underdahl to construct a residence on his property
in the City of Eden Prairie. If this cannot be done at the staff
level, I would appreciate it if you would place the matter on the
agenda for the next council meeting.
Very truly yours,
CzYdrmes J./Trench
' /
JJT:by
cc: Deforest D. Underdahl
•
10133 Eden Prairie Road
Eden Prairie, Minnesota 55343
November 11, 1975
Mr. Roger Ulstad, City Manager
City of Eden Prairie
S950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Mr. Ulstad:
In accordance with our conversations, I am setting
forth herein our legal position with respect to the question
of whether a building permit should be issued to Betty
Louise Peterson or Deforest A. Underdahl with respect to
a parcel in the 101xx block of Eden Prairie Road, Eden
Prairie. In my opinion, any such issuance would clearly
violate the Eden Prairie Zoning Ordinance (Ordinance No. 135)
and there are no constitutional, grandfather or other rights
which would apply to the owners of the property in question.
Section 3 of the Ordinance states as follows:
"SECTION 3 Rur-Rural District
.Subd. 3.1 Purposes
In addition to the objectives prescribed in Article 1
(Objectives) the Rur-rural district is included in the
zoning ordinance to achieve the following purposes:
a) To prevent premature urban development of certain
lands which eventually will be appropriate for urban uses,
until the installation of drainage works, streets, utilities
and community facilities and the ability to objectively
determine and project appropriate land use patterns makes
orderly development possible.
b) To permit the conduct of certain agricultural pur-
suits on land in the Village.
• c) To ensure adequate light, air, and privacy for each
dwelling unit, and to provide adequate separation between
dwellings and facilities for housing animals.
Subd. 3.2 Permitted Uses
a) Agriculture, accessory and related uses.
b) Public and quasi public facilities and services
required by the resident or working population.
1
Mr. Roger Ulstad -2- November 11, 1975
c) Single family detached dwellings and accessory
structures without platting on parcels of not less than
5 acres.
Subd. 3.3 Required Conditions
a) All uses shall comply with the regulations prescribed
in Section 2 (Site, Yard, Bulk, Usable Open Space, Screening,
Landscaping, Parking, Loading, and Performance Standards) ."
The purposes of this section of the Ordinance are clear
and the permitted uses are exclusive. Subdivision 3.2(c)
clearly permits single family detached dwellings only on
parcels of not less than five acres. The parcel in question
consists of only slightly over 1 acre. Consequently, it would
contravene the Ordinance to grant a building permit on that par-
cel. Denial of the application for the permit would be
completely consistent with the purposes of the Ordinance as
quoted above. Were any use other than the permitted uses
allowed, the purposes of the Ordinance would be emasculated.
The owners of the property have no grandfather or other
rights which would override the Ordinance. The present owners
acquired the parcel in August, 1973. The Ordinance was adopted
in November, 1969. It is settled law that a purchaser is
deemed to have knowledge of applicable zoning ordinances in
effect at the time that he acquires the property. The fact
that a purchaser may not have known of the ordinance, or mis-
understood its applicability, or was misled.with respect
thereto, has no bearing on the applicability of the ordinance
or the rights of the municipality or the adjacent owners to
enforce the ordinance. State v. Modern Box Makers, Inc., 217
Minn. 41, 13 N.W.2d 731 (1944); State ex rel. Howard v. Village
of Roseville, 244 Minn. 343, 70 N.W.2d 404 (1955) .
The history of the parcel in question also demonstrates
the lack of any equitable or grandfather rights in the pur-
chasers. The land of which the parcel forms a part was
originally registered under the Minnesota Torrens Act on
January 2, 1930 (DC 3643) as part of a 30-acre tract owned
by one individual. In a private registered land survey
prepared in 1957 (RLS 655) , the tract in question formed
a part of Parcel D, an approximately 15 acre parcel which
was the residue after the creation of certain other parcels.
In 1958, in conjunction with the sale of one of the smaller
parcels (Parcel A) created by RLS 655, an additional private
survey was made (RLS 756) which created the tract in question
(Tract B, RLS 756) and which made other boundary adjust-
ments by the creation of other small tracts. The tracts
Mr,. Roger Ulstad -3- November 11, 1975
thus created (Tract A, RLS 655 and Tracts B, D and E, RLS
756) taken together constituted a 2 1/2 acre lot which was
large enough on which to construct a single family residence
in a rural district under the zoning ordinance then in
effect. The four parcels were conveyed to Dr. Irvin Moore
in 1958. In 1968, Dr. Moore sold all four parcels to
Russell Smith who owned the property under a single registered
certificate of title (No. 435176) until August 1973 when the
parcel in question was sold separately to the present owner.
A review of the transactions will show that at all times
beneficial ownership of the tract in question was held
together with the other property in single joint tenancy
ownership which complied with the zoning ordinance in effect
at the time the sole dwelling on the overall property was
constructed. The parcel in question was sold separately for
the first time in 1973. Such a separate sale could not
create any special rights in the purchaser under the zoning
ordinance then in effect. Olsen v. City of Hopkins, 288
Minn. 25, 178 N.W.2d 719 (1970). See also Vetter v. Zoning
Board of Appeal of Attleboro, 116 N.E.2d 277 (Sup. Jud. Ct.
Mass. 1953) .
Even if the purchaser misunderstood or was misled with
respect to the applicability of the Ordinance or the availability
of a permit, no estoppel or equitable arguments will overcome
the fundamental rights of the City and adjacent owners to
enforce the provisions and purposes of the Ordinance. Kiges v.
City of St. Paul, 240 Minn. 522, 62 N.W.2d 363 (1953); Arcadia
Development Cor . v. City of Bloomington, 267 Minn. 221, 125
N.W.2d 846 1964) .
Furthermore, even if the owner had expended significant
funds on the property, or paid more than the property was
worth in view of the zoning ordinance in effect on the date
of purchase, no relief for the owner is warranted under the law.
State ex rel. Howard v. Village of Roseville, supra.; Newcomb
v. Teske, 225 Minn. 223, 30 N.W.2d 354 (1948); McCavic v. De Luca,
233 Minn. 372, 46 N.W.2d 873 (1951) . See also Kiges v. City of
St. Paul, supra.
The City must also, of course, consider the impact on it
and its residents of permitting growth contrary to the Ordinance
in rural. areas. Such growth in southwest Eden Prairie would
(1) operate contrary to the 1968 Comprehensive Guide Plan
(and, most likely, to any revision thereof in the foreseeable
future) , (2) would operate contrary to the policies of the
/539
Mr.. Roger Ulstad -4- November 11, 1975
Metropolitan Council which discourage development in areas
not served by water and sewer facilities, (3) would tend to
develop areas of the city at the expense of areas already
serviced by such facilities, (4) would make it more likely
residents in such areas would demand that such facilities be
installed, roads be improved and schools be constructed at
great expense to the city and its residents, and (5) would
make more likely pollution problems as a consequence of the
proximity of private septic facilities to wells in the
porous soil that is typical of the area. These are some
of the relevant considerations of health, safety, order,
convenience and general welfare which form the .basis of
the purposes of the Rural District designation in the
Ordinance and which form the basis for the enforcement
thereof and the denial of non-conforming uses on property
covered thereby. Sec Section 1, Subd 1.2 of the Ordinance.
Finally, I should make clear that I would consider the
issuance of a building permit by the City under these
circumstances to be void and will contest it. As stated in
Lowry v. City of Mankato, 231 Minn. 108, 42 N.W.2d 553 (1950) ,
"A building permit issued in violation of a zoning ordinance
by an official lacking power to alter or vary the ordinance
is void, and a zoning regulation may be enforced notwithstanding
the fact that the permittee may have commenced building opera-
tions....The reason given for the rule by the authorities is
that both the granting of a permit and the varying of a
zoning restriction involves the exercise of governmental
power, which cannot be exercised by an officer upon whom it
has not been conferred or set at naught by the action of a
property owner proceding in defiance thereof.... A private
property owner injured by the violation, as here, is entitled
to injunctive relief." As stated in State ex rel. Howard
supra., "The principles governing the situation are well
established. Generally, it is held that, where a permit has
been issued by an authorized officer under a mistake of fact
and contrary to zoning ordinances, it confers no privilege
on the person to whom it is issued and even though the
latter may have taken some action thereunder with the incurment
of expenses, it may, nevertheless, be revoked."
In the interest of avoiding litigation, early in October
I requested Mr. Harlan Perbix, the City Attorney, to entertain
the views of the respective parties interested in this matter
prior to making a conclusion or advising the City of his views.
It now appears that this request may not be honored. Under
the circumstances, I believe residents of Eden Prairie should
have the opportunity to be heard by both the City Attorney
and the staff before action detrimental to their rights is taken.
Mr. Roger Ulstad -5- November 11, 1975
Consequently, I would respectfully request the opportunity
to discuss this matter with the City Attorney, the Building
Inspector and yourself before any final decision in this
matter is taken. I would anticipate this discussion would
focus on the facts and law applicable to the matter. Should
you deem it appropriate for. the applicants and their counsel
to be present, I would have no objection to an invitation
being extended to them.
Your response would' be most appreciated.
Very tr
can R. Edstrom
DRE:cr
cc: Mr. Harlan Perbix, City Attorney
Mr. Wayne Saunders, Building Inspector
Mr. & Mrs. Donald W. Bossart
Mr. & Mrs. Jack Provo
Dr. Ralph R. Nielson
/5y1
*NOV 121975
MEMORANDUM
• FROM: W. Harlan Perbix DATE: November 4, 1975
TO: Roger Ulstad
Wayne Sanders
RE: Applic,:tion of Underdahl for a Building Permit
I am informed that a Mr. Underdahl applied for a building
permit to construct a single family residence on Tract B of Registered
Land Survey No. 756, files of. the Registrar of Titles, Hennepin County,
Minnesota. I am also informed that the owner of Tract A of Registered
Land Survey No. 655, the adjoining property, is opposed to the issuance
of such permit because the property owned by the applicant contains
less than five acres in area, and is therefore in violation of Ordinance
#135.
To better enable you to follow this transaction, I enclose
herewith a photocopy of the Section map including the two Registered
Land Surveys heretofore referred to. It should be noted that R.L.S.
No. 655 is dated March 28, 1957 and was filed May 2, 1957, and that
R.L.S. No. 756 was dated February 13, 1958 and was filed May 22, 1958.
R.L.S. No. 655 consisted of ten tracts lettered A through J;
R.L. S. No. 756 war, a replat of Tracts B and D and was made into five
tracts. I have identified the various tracts by circling those that
were originally in R.L.S. No. 655 and making a box around those that
are contained in R.L.S. 756.
Prior to 1957, according to my information, the then Town of
Eden Prairie had no ordinance relating to the platting or subdividing
of land. On June 11, 1957, Ordinance No. 6 was adopted, which ordinance
was published thereafter and came into effect upon publication. This
ordinance amongst other things, in general provided that each lot
should contain at least 22,000 square feet, shall have frontage on a
public road of at least 100 feet in width and be at least 100 feet
deep. The Registered Land Surveys of record do not indicate specific
approval by the Town Board and the minutes of the Town Board indicate
only the two plats were approved without identifying them. However,
it does appear that the Registered Land Survey complies with the
requirements of Ordinance #6. Thereafter Tract A of R.L.S. No. 655
and Tract B of R.L.S. No. 756 were held in one ownership, being
conveyed first to a party by the name of Moore, in 1962, thereafter
in 1968 to a Russell Smith.
On August 30, 1973 Russell Smith conveyed Tract A of R.L.S.
No. 655 to one Dean R. and Karen C. Edstrom. At the same time,
Edstroms purchased Tracts D and E of R.L.S. No. 756. In September
of 1973, a Betty Louise Peterson purchased Tract B, R.L.S. No. 756
from Mr. Smith, and in December of 1973 sold a small triangular portion
on the South, adjoining the Edstrom piece to the Edstroms. Thereafter
Betty Louise Peterson sold the remainder of Tract B to one Eleanor M.
Scott in Nay of 1975 which property was subsequently transferred to the
applicant.
/5*
•
Page Two. November 4, 1975
According to the records of the City Assessor, the two
Tracts involved here have been treated as separate tax parcels,
at least since 1968. It appears further that a planimeter
measurement of Tract A, R.L.S. No. 655 shows that it contains .081
of an acre. It should be pointed out, however, that Edstrom, the
owner of Tract A, now has acquired Tracts D and E of R.L.S. No.
756, so his parcel is a trifle larger. Likewise the planimeter
measurement of Tract B, R.L.S. No. 756 indicates that it contains
1.02 acres. The records of the City further indicate that the
house on Tract A, R.L.S. 655 was built about 1958. The tax records
of the City further indicate that there is a house located on the
tract of ground lying immediately North of Tract B, R.L.S. No. 756,
which home apparently was built about 1969.
The City has historically issued permits to tracts of
ground that were of separate parcels prior to the adoption of the
Ordinance #135, without bringing the matter to the City Council's
attention. It would appear from the records that Mr. Edstrom knew
the parcels were separate by virtue of the fact of purchase of a
small portion of Tract B from a previous owner, after purchasing
the main tract.
The records indicate the property is zoned rural.
Permitted uses under Section 3 of the Rural District are single
family detached dwellings without platting on parcels not less than
five acres. As has been indicated earlier, this is a subdivision
that was properly made at the time it was filed. It would appear
that the lot complies with single family residential zoning.
Recommendation •
That the applicant be granted a building permit on the ground
that it was a lot approved and contemplated as a building site prior
to adoption of Ordinance #135.
W. Harlan Perbix
WHP/azd
Encl.
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DEC 2 91975
•
___,:,...„, , ir,_.,
O lIC31,1
•
December 22, 1975
The Honorable David 0sterholt
Mayor
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minn. 55343
Dear Dave:
Hennepin County is contemplating leasing space for a
detox center while the County owns a structurally sound
vacant building on the grounds of the Glen Lake Sanitarium.
The estimated cost of bringing the Glen Lake building up
to minimum standards for use as a detox center is $2.1
million. The five year lease on the facility the County
is considering would be approximately the same cost as bringing
this public building up to standards.
•
The Minnetonka Council has passed the enclosed resolution and
are hopeful your Council will join us in this effort.
Thank you.
Cordially, •
b VJ Bail
Mayo : ey
JCB/c1
Enc.
:he city offices are located at 14600 minnetonka boulevard minnetonka.minnesota 55343 933-2511
/5715
•
RESOLUTION NO. 75-4696 • , .
A RESOLUTION ADDRESSED TO THE COUNTY BOARD OF ' •
COMMISSIONERS IN RESPECT TO THE NAYSMITH-TOWNSEND
RESIDENCE HALL FOR NURSES AT
THE GLEN LAKE SANITARIUM
WHEREAS, the Hennepin County Board of Commissioners did approve
• the eventual demolition of the Naysmith-Townsend
Residence Hall for nurses at the Glen Luke Sanitarium
Complex, and
WHEREAS, the City Council has been informed that it has been
determined by certain studies that said building is
• structurally sound and in good condition, and
•
WHEREAS, the City Council verily believes that said building
represents a potentially viable site for the location
. of various state, county, or local programs and services,
•
and
•
WHEREAS, the City Council further believes that proper consider-
• ation of the merits of such building was not given by
the County Board of Commissioners prior to its decision
to approve of the demolition of such building and the
City Council deems it proper and in the public interest
and for a public purpose to request the Hennepin County'
• Board of Commissioners to reconsider the demolition of
• said building:
'NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MINNETONKA THAT the Hennepin County Board of
Commissioners be and hereby are urged to reconsider
their approval of the demolition of such building and'
further urges the Board to make additional studies in
•
• respect to the potential use of such building and
directs the City Staff to assist the County in such '
studies.
Adopted by the City Council of the City of Minnetonka this 15th day
of December, 1975. •
craw-
• JOHN C. BAILEY, MAYOR . • ..
.ATTEST:
•
.Marg rY et E. Mullen, City Clerk _
Action on the above resolution:
Motion for adoption: Higuchi •
Seconded by: Larsen _
Voted in favor of:
Renneke, Shaw, DeGhetto, fliguchi, Iarsen, Hanus, Dailey
Voted against or abstained:
Resolution adopted.
I hereby certify that the foregoing is a true and correct copy
of a resolution adopted by the City Council of the City of
• Minnetonka at a duly authorized meeting held en the 15th day of
December, 1975.
(
Margare E. Mullen, City Clerk
CITY OF EDEN PRAIRIE
EDEN PRAIRIE, MItNIESOTA
ADVERTISEMENT FOR BIDS
The City of Eden Prairie will receive bids for acquisition and
installation of two civil defense warning sirens. Specifications
are on file in the Eden Prairie Department of Public Safety,
7905 Mitchell Road, Eden Prairie, Minnesota.
Check or Bid Bond equal to five per cent (5%) of the total
bid must accompany each bid. Bids will be opened at 11:00
A.N. on February 2, 1976 at the Eden Prairie City
Office. The Council reserves the right to reject any or all
bids and waive informalities. Bids will be awarded after
appropriate approval has been received from the County, State
and Federal Civil Defense authorities.
CALL FOR BIDS FOR
TWO CIVIL DEFENSE SIREN CONTROLS,
AND COMPLETE INSTALLATION •
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
To Whom It May Concern:
Sealed proposals endorsed with the title of the equipment and bidder's
name will be received at the Office of the City Clerk of the City of
Eden Prairie, Hennepin County, Minnesota, up to 11:00 a.m. on
at which time bids will be opened
•
and read in Council Chambers, Eden Prairie City Hall, 8950 Eden Prairie
Road, Eden Prairie, Minnesota.
The eauipment and installation to be furnished consists of the
following as called for in the specifications:
Two Civil Defense Sirens, Complete Installation and Controls
Proposed forms and documents, including the forms and specifications
therefore, are on file in the Office of the Civil Defense Coordinator of
the City of Eden Prairie, Sgt. Keith Wall, 944-2700, where they may be
examined. Specifications and proposal blanks may be had for the contractor's
individual use by applying to the Civil Defense Coordinator.
No bidder may withdraw his bid within thirty (30) days after scheduled
time of opening bids without the consent of the City.
Bids must be made on the basis of cash payment for the equipment. No
bids will be considered unless sealed and filed with the City Clerk prior
to the closing time for receiving bids and accompanied by a cash deposit,
by a bidder's bond or five per cent (5%) of the total amount of the accom-
panying bid, to be forfeited as agreed liquidated damages in the event
that the bid be accepted and the bidder fails to deliver the equipment or
material in the time specified in his bid.
The City Council reserves the right to waive any informalities in any bid
received and reject without explanation any or all bids received.
Mailed bids should be addressed to:
John Frane, City Clerk
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Envelope should be labeled "BID ON SIRENS."
•
8-qt
SPECIFICATIONS FOR TWO CIVIL DEFENSE SIRENS,
CONTROLS, AND COMPLETE INSTALLATION IN THE
CITY OF EDEN PRAIRIE
GENERAL
The sirens furnished must be rotating three tone air warning
sirens, decible output at least 125 db at 100 feet, 240 volt,
60 cycle, 3 phase, Civil Defense Specification No. 107,
size 3-B-3, or equivalent, and be furnished and installed by
the bidder.
The sirens will be installed on Class I poles and according to
manufacturers recommended specification as to mounting methods
and height necessary to clear surrounding obstacles.
Contractor or vendor shall furnish sirens, siren components labor
and materials required for the complete installation and operation
of the sirens.
The contractor or vendor shall arrange all electrical and
telephonic control circuitry including leased land land activation
of the alert and attack warning tones over the metro warning system
and leased land line activation of the fire tone from the local control
point located at 7905 Mitchell Road, including direct current power
supply if required.
Bidders shall inform themselves of the conditions under which the work
is to be performed at the sites of the work, the structure of the
ground, the obstacles which may be encountered, and all other relevant matters
concerning which such bidder might have fully informed himself prior to
the bidding.
The sirens will be installed on poles at the following locations:
1. County Road 4 (Eden Prairie Road) and West 72nd Street.
The siren will be installed on a pole located approximately
100 feet south of County Road 4 center line on north side of
West 72nd Street (site identified by stakes).
2. Holly Road and Baker Road. The siren will be installed on a
pole to be located on the northwest corner of this intersection
(site identified by stakes).
/09
•
SIREN SPECIFICATIONS... Page 2
Installation will be accomplished in accordance with the manufacturer's
recommendations and in compliance with State of Minnesota Building and
Electrical Codes.
Operational tests shall be made of installations before acceptance and
final payment is made. Sirens must be installed, tested, and accepted
on or before
Bidder must have parts and service available.
All labor employed must meet standards of U. S. Davis Bacon Act and
Federal Government regulations regarding provisions of Equal Opportunity.
The City Council reserves the right to reject any or all bids and to
waive formalities.
CITY OF EDEN PRAIRIE, MINNESOTA
8950 Eden Prairie Road
AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS
Affidavit of non-collusion:
I hereby swear (or affirm) under the penalty for perjury:
(1) That I am the bidder (if the bidder is an individual), a partner
in the bidder (if the bidder is a partnership), or an officer or
employee of the bidding*corporation having authority to sign on
its behalf (if the bidder is a corporation);
(2) That the attached bid or bids have been arrived at by the bidder
independently, and have been submitted without collusion with,
and without any agreement, understanding, or planned common
course of action with, any other vendor of materials, supplies,
equipment or services described in the invitation to bid, de-
signed to limit independent bidding or competition;
(3) That the contents of the bid or bids have not been communicated
by the bidder or its employees or agents to any person not an
employee or agent of the bidder or its surety or any bond furn-
ished with the bid or bids, and will not be communicated to any
such person prior to the official opening of the bid or bids;
and
(4) That I have fully informed myself regarding the accuracy of the
statements made in this affidavit.
Signed:
Firm Name:
Subscribed and sworn to before me
this day of _ , 1975.
Notary Public
My commission expires , 19__
Bidder's E.L. Number
(Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury
Department Form 941):
PROPOSAL TO THE CITY OF EDEN PRAIRIE TO
FURNISH TWO CIVIL DEFENSE SIRENS,
CONTROLS, AND COMPLETE INSTALLATION
TO: City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Gentlemen:
We, the undersigned, being familiar with your local conditions, having
made the inspections and investigations deemed necessary, having studied
the specifications and being familiar with all factors affecting the work
and cost thereof, hereby propose to furnish all labor and materials and
all else necessary to completely construct the project in accordance with
the specifications on file at the City Hall as follows:
Installation of two (2) Civil Defense Sirens complete with
controls, in accordance with the specifications, Manufacturer
, Model #
for the LUMP SUM of:
DOLLARS ($
Accompanying this bid is a (bidder's bond) (certified check) (cash deposit)
in the amount of:
Dollars Cents ($
which is at least five (5) per cent of the amount of my/our bid made pay-
able to the City of Eden Prairie and the same is subject to forfeiture
in the event of default on the part of the undersigned or failure on the
part of the undersigned to execute the prescribed contract within thirty
(30) days after submittal to me/us.
In submitting this bid, it is understood that bids may not be withdrawn
for a period of thirty (30) days after the date and time set for the open-
ing of bids.
In submitting this bid, it is understood that the Council reserves the
right to reject any and all bids; to waive irregularities and informali-
ties therein, and to award the contract in the best interests of the City.
Delivery date will be on
Parts and Service available at
Name and Address of Bidder:
Phone No.
Signature of Person Authorized to Sign Bid:
TITLE :
Et)
:ITT MIKES/8958 EDEN P;aeE ROAD/EDf.N PRAIRIE,MINNESOTA 55343/TELEPHONE (N12)941.2261 / ,•_�,
( Y tort-el4;-!15.:.
• January 6, 1975 •
Mr. Richard V. Holloway
Bloomington City Hall
2215 West Old Shakopee Rood
Bloomington, Minnesota
•
SUBJECT: Agreement for Contractual Services for Health Authority for the City of
Eden Prairie for 1975.
•
Dear Mr. Holloway:
Please consider this letter as a contract by the City of Eden Prairie and Richard V.
Holloway for health inspection services.
Compensation services for Health Authority will be based on the following conditions:
Mr. Holloway's compensation will be at the rate of$10 per hour, to be paid monthly
after presentation of a statement to the City Manager for his and the City.Council's
approval.
•
Mr. Holloway will keep a daily record of his activities for use in budget preparation
for 1977.
Mr. Holloway will continue to conduct a program of education and enforcement of
Ordinance No. 250. This includes a routine program of inspection and maintenance
of food handling standards in qualifying businesses and other establishments In
Eden Prairie. Mr. Holloway will also conduct plan reviews of food handling areas in
new establishments.
Records and clerical support will be maintained by the Building Inspection Department.
The Health Authority will be directly responsible to the City Manager.
SIGNED:
Roger K. Ulstad Date
City Manager
ACKNOWLEDGED: •
Richard V. Holloway • Date
•
•
RKU:1 p
DEC •
2 1975
TO: MAYOR & COUNCIL
THRU: ROGER UISTAD, CITY MANAGER n L.
141.9
FROM: JOHN FRAME, FINANCE DIRECTOR.
DATE: DEC. 24,1975 V
RE: LOST C]TY OF EDEN PRAIRIE WATER & SEWER BOND COUPON
L. A. Light of Manchester, Iowa the holder of bond #428 of our 4/1/75
bond issue cannot locate interest coupon #1 in the amount of $175.00.
We have been furnished a Lost Securities Bond in the amount of $350.00
from Aetna Life and Casualty Co.
We request council authorization to accept the bond and to instruct
the American Rational Bank of St. Paul to pay the interest.
•
JDF: ps ,
•
• 12/26/75 •
/50
MEMO
T8: Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: •Carl Jullie, City Engineer
DATE: January 2, 1976
SUBJECT: Easement and Right-of-Way Appraisals
T.H. 169 Improvement Project
I.C. 51-266
•
Attached is an appraisal report prepared by Richard A. Campbell Associates
covering the remaining permanent right-of-way and slope easements for the
above referenced T.H. 169 Improvement Project.
We are recommending that the City Council initiate Eminent Domain proceed-
ings at this time for all remaining right-of-way necessary for the project.
With Council approval, we will make offers to each property owner involved
consistent with the appraisal report. We trust that we can settle most, if
not all, of the acquisitions prior to actual taking by condemnation.
We anticipate bid letting for this project in early spring with completion
by late summer. The Eminent Domain process is necessary to assure this
schedule because all right-of-way must be acquired prior to advertisement
for bids.
•
CJJ:kh •
Attachment
•
1555"
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1073
RESOLUTION AUTHORIZING THE MAYOR TO SIGN APPLICATION
FOR GRANT TO ACQUIRE OPEN SPACE UNDER THE PROVISION
OF THE FEDERAL.LAND AND WATER CONSERVATION FUND ACT
AND THE STATE NATURAL RESOURCE FUND.
WHEREAS, the Eden Prairie Gity Council is in complete agreement with
the grant to acquire open space under the provision of the Federal Land and
Water Conservation Fund Act and the State Natural Resource Fund; and •
• WHEREAS, The Eden Prairie City Council is in complete agreement with
the provision of the form•
NOW THEREFORE BE IT RESOLVED, that the Mayor be authorized and
instructed to sign the application for grant.
ADOPTED this 6th day of January, 1976.
,Mayor
ATTEST: SEAL
•
John D. Frane, Clerk
State of Minnesota t,
State Planning Agency`
Office of Local & Urban Affairs
Parks & Recreation Grants Section
( t •
Policy Statement •
Regarding Power and Utility Construction
For any Outdoor Recreation project receiving financial assistance under the
Land and Water Conservation Fund Act of 1965, the City of Eden PRairic
agrees to the following policy statement:
"It is recognized that electrical power and 'communication services arc an •
essential requirement for the economical and efficient operation and main-
'tenance of public service facilities in state, county, and municipal Outdoor
Recreation Areas. Communication lines are necessary in the interest of
public safety. It is our policy in planning for these services to arrange
and provide them with a minimum of intrusion on the natural features of the
area. In order to accomplish this, the following factors must be given
every consideration:
(1) Only those utilities necessary for the public accommodations,
maintenance and operation of an Outdoor Recreation Area shall be permitted
within the Area's limits. Utility lines extending through Area properties
to private.properties beyond shall be avoided and eliminated wherever possible.
(2) "Every effort shall be made to provide underground-type services
for all utilities where practical.
(3) Where underground construction of electric power lines is im-
( 7 possible and pole structures are necessary, they shall be located so as to
be thoroughly screened from Recreation Area roads and/or foot trails.
"Wherever possible, overhead communication lines shall be combined with
overhead structures to minimize the amount of clearing.necessary to provide
these overhead utilities. In those instances where such overhead lines
cannot be screened from the roadway right of way, they shall be so placed
that they will blend with the background--that is, they will run along the
tree-line where their intrusion would not be readily observable. In open
prairie areas where overhead construction cannot be avoided, there will be
every attempt made to utilize topographical features to minimise the intru-
sion of transmission line and pole structures."
"In all concentrated use areas, that is, picnic grounds, campgrounds, child-
ren's camps, beach and boating areas, all electric power service under 2,300
volts and all communication cables shall be underground between points of
service and no overhead lines will be constructed."
ton,6 1976 _ City of Eden Prairie
Dated Applicant-Recipient
Rimpure
•
( 8950 Eden Prairie Rd., Eden Prairie, Minn. 55343 •
(Mailing Address)
O„.brat., N, •,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1074
RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT
TO ACQUIRE OPEN SPACE UNDER THE PROVISION OF THE FEDERAL
LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL
RESOURCE FUND.
WHEREAS, the Land and Water Conservation Fund Act and the
State Natural Resource Fund provides for the making of grants to assist
local public bodies in the acquisition and development of outdoor recreation
projects; and
WHEREAS, the City of Eden Prairie desires to acquire certain land
known as Community Lake Park Sites -- Staring Lake which land is to be held
end used for permanent open space; and
WHEREAS, Title VI of the Civil Rights Act of 1964 P.L. 88-354 (1964)
and of the regulations promulgated pursuant to such Act by the Secretary of
The Interior and contained in 43 C.F.R. 17, effectuating that title, provides
that no person shall be discriminated against because of race, color, or
national origin in the use of the land acquired; and
WHEREAS, it is estimated that the cost of acquiring said interests
shall be $200,000.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Eden Prairie
1. That an application be made to the Office of Local and Urban Affairs of the
State Planning Agency for a grant from the Land and Water Conservation
Fund as amended in 1965 for an amount presently estimated to be $100,000.
2. That the City Manager is hereby authorized and directed to execute and to
file such application with the State of Minnesota Office of Local and Urban
Affairs of the State Planning Agency, to provide additional information,
and to furnish such documents as may be required by said Agency to execute
such contracts as are required by said Agency and to act as the authorized
correspondent of the Applicant.
3. That the proposed acquisition and development is in accordance with plans
for the allocation of land for open space uses, and that should said grant
be made, the applicant will acquire, develop and retain said land for use
.designated in said application and approved by the Office of Local and
Urban Affairs and the Bureau of Outdoor Recreation.
t V,.
-2-
•
4. That the United States of America and the State of Minnesota be, and
they hereby are, assured of full compliance by the Applicant with the
regulations of the Department of Interior, effectuating Title VI of the
Civil Rights Act of 1964
ADOPTED this 6th day of January, 1976.
, Mayor
ATTEST: SEAL
John D. Irene, Clerk
ATTACHMENT A
DI from MO OmaniIan ts..
(Mwd 1966)
o.S.IPPMRTMIIT of TN IMT MOE
ASSURANCE OF COMPLIANCE
(TITLE VI,QYIt WITS ACT of 1964)
The City of Eden Prairie •
(hereinafter called "Applicant-Recipient'•)
(N,mr of Apphaan,.Rrcipirm)
HEREBY AGREFS THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L 88-352) and
all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued
pursuant to that title,to the end that, in accordance with Title VI of that Act and the Regulation,no per-
son in the United States shall, on the ground of race, color, or national origin be excluded from participa-
tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity
for which the Applicant-Recipient receives financial assistance fromBureau of Outdoor Recreation and
Barn,.Of Oa%t
Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance
extended to the Applicant-Recipient byThe Bureau Of Outdoor 1<ecrealO'This assurance obligates the
Sum..or(Mae
Applicant-Recipient, or in the case of any transfer of such property,any transferee for the period during
which the real property or structure is used for a purpose involving the provision of similar services or bene-
fits. If any personal property is so provided,this assurance obligates the Applicant-Recipient for the period
during which it retains ownership or possession of the property. In all other cases,this assurance obligates
the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by_
The Bureau of Outdoor Recration.
Barra.or Office
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants,
loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the
Applicant-Recipient by the bureau or office, including installment payments after such date on account of
arrangements for Federal financial assistance which were approved before such date. The Applicant•Recipient
recognises and agrees that such Federal financial assistance will be extended in reliance on the representations
and agreements made in this assurance, and that the United States shall reserve the right to seek judicial
enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors,trans-
ferees, and assignees,and the person or persons whose signature appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
Tan. 6, 1976 City of Eden Prairie
SATES APPLICAper.aEC,PIENT
Sr
(Preordain,Chairman of word or Compambk
authorised(Anal
Mayor
' 8950 Eden Prairie Road, Eden Prairie, Minnesota 55343
APPLICANT.RECHUNTS MIAILING ADDRESS
..t awaa.ai.t PM.*01.Kg I,aa a-ate-W
ala•77a
1,75
r
•
.: oar land
4:::. 1976.
_:.e. the
us.would
rind.
•
I.)L3
f,'
NOTE•
•
• July 22. 1974
FOR VALUE RECEIVED, the City of Eden Prairie promises
•
to pay to the order of Leslie'li. Blacklock Jr. and Frances
J. Blacklock, at a place designated by them, the sum of
Sixty-two Thousand Four Hundred Dollars ($62,400.00) with
interest at the rate of five (5) per cent per annum from
the date of closing, said note to be secured by a deposit
of $62,400.00 at the First National Bank of Hopkins to b:
paid out as follows: $17,698.50, plus interest at the rate
of 5% one (1) year from the date of closing; $15,600.00
plus interest, annually thereafter until the full principal
amount, plus interest, has been paid in full.
It is agreed that this note is secured by an escrow
deposit with the First National Bank of Hopkins. Any interest
paid by the First National Hank of Hopkins shall be payable to
• t the City of Eden Prairie, however, in the event the City,of
Eden Prairie receives from the First National Bank of Hopkins
payments for interest greater than the interest called for by
this note, then the City shall be entitled to such interest.
CIj1;Y OF,EDEN PI3�IRIE
_I vl
'Mayor
City Manager
P
i%Gy
•
CLERK'S LICENSE APPLICATION LIST
January 6, 1976
CONTRACTOR (1 & 2 Family) PLUMBING
Ban-Con, Inc. Action Plumbing Co.
Crest Investment Atkins Plumbing & Heating
Dietrich Company Bob's Plumbing & Heating
Ecklund & Swedlund Boedeker Plumbing & Heating
Eliason Builders Budget Plumbing Corporation
Frisk, Inc. Doody, Inc.
Gerry Construction Egan & Sons Co.
J. H. Lein Construction William Gadtke Plumbing
Robert H. Mason General Plumbing Co.
•
Nordaas American Homes Horwitz Mechanical
Redfield Homes, Inc. J. McClure Kelly Co.
Sussel Company Randy Lane Plumbing
Urban Unit Corporation Metropolitan Mechanical Cont.
West Suburban Builders Tom Motzko Plumbing & Heating
Wherry Construction Mound Plumbing
Zachman Homes, Inc. Murphy Plumbing & Heating
National Installers Plumbing
CONTRACTOR Multi-family & Comm.) Pokorney Plumbing & Heating
Project Plumbing
Akard Construction Co. Richfield Plumbing Co.
Norman T. Berglund Construction S & W of Shakopee
Condor Corporation Southtown Plumbing
Grogan-Wallace Company Southwest Plumbing
C. F. Haylin & Sons Company Spetz & Berg
Mark Z. Jones Assoc. Steins Inc.
KGC, Inc. Superior Contractor
Mork & Assoc. Thompson Plumbing Co.
Nystrom Constructor United Water & Sewer
O'Brien & Brauer Construction Ventco, Inc.
Rauenhorst Corporation Welter & Blaylock
James Steele Construction West Suburban Plumbing
Perry A. Swenson Company.
Vanman Construction Company GAS FITTER
SCAVENGER Cronstrom's Heating & Air Conditioning
Gas Supply Inc.
AAA Scavenger Hoglund Mechanical
Roto-Rooter Horwitz Mechanical
Suburban Sewer Service Metropolitan Mechanical
Sullivan Septic Service Minneapolis Gas Company
Murphy Plumbing & Heating
GARBAGE & REFUSE Northern Propane
Seasonal Control
Able Sanitation George Sedgwick Heating & Air Conditioning
Eden Prairie Sanitation Spetz & Berg, Inc.
G & H Sanitation Standard Heating & Air Conditioning
Waste Control, Inc. Steins Inc.
]I
Clerk's License List - Page 2 I
i
GAS FITTER (Con't.)
t
Suburban Heating & Air Conditioning
Superior Contractors
Ventco, Inc.
Fred Vogt & Company
Ray N. Welter Heating •
HEATING & VENTILATING
Advanced Heating & Air Conditioning
Air Comfort Inc.
Allan Heating & Air Conditioning
Cromstrom's Heating & Air Conditioning { .
Dalco Roofing & Sheet Metal
Del Air Conditioning
Don's Air Conditioning
Jack Gores & Sons
Hoglund Mechanical
Hoov-Aire, Inc.
Metropolitan Mechanical
Pokorney Plumbing & Heating
S & W Shakopee
Seasonal Control
George Sedgwick Heating & Air Conditioning
Standard Heating & Air Conditioning
Steins, Inc.
Suburban Heating & Air Conditioning
Superior Contractors
Fred Vogt & Co.
Ray N. Welter Heating
WELL DRILLING • •
Associated Well Drillers '
Dependable Well Company
Leuthner Well Co.
Max Renner Well Co.
Don Stodola's Well Drilling
PRIVATE KENNEL
Clayton Brace
Martin Diestler •
Charles Gould
COMMERCIAL KENNEL
Kingdale Kennels
These licenses have been approved by the program head responsible
for'the licensed activity.
�_ , ^ .:7, 0 L1 L,i 0i.i1..Liitte24,^1
Rebecca Quernemoen, Deputy Clerk '
l SGG