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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. • 1500 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. 8-01 �.. • .. . c� 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. 603 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 • 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. 1611 • 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. /512 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 JJ/tm Enc. • • y . •jti ' ' if i v ri C7 o '17a! ; y I =1 a 4 a. o "•. 10 ., '7'1 $ A o ' � m { w 3 3 - 1cs ;r i = ro It A, 14 171 p in — O® aa c I"-, O O {� Z a !\ O T o c c T Z - m a o Z -L.) rri K O 0 to ! 3 1 o p s-4.c.:: o. � rrr , .��r q T S wI = v a & 3 Cy Q a 4 e th m ,6 ..• I .r t'1! �° �` !_ a r r tiW = or-I r, • o a.,„N. ,Y 'it -1 o N v n L� rtiO3 a a ao Eo _.1 cm j. v.Ob y /521 • 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 ' . f Ili A9 --more— • 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. w i 13 o5, . - u Os i$ t4st{t yvig 1� R yb o x b 1�n-v w C .. a V 11� :n Maw y LL C pL J a q ' 1.FM..C^ 6N W DI' n , Ni WuQ c ,. A Y N pa'4i u=-4,-.o.... ,.. q�q u g tk n w ry.aqq a �[L L ° e' '�a w1 a ,,u n O.J U.a .nowu - •.0 c ,�.› N0 e 5 �$1z IS u.•'4�.. .Y J tl a ••a O Y V R A L M t1 m V w l A 1p T t9 ' • tl e Ypw OY,. a0 NMR N'~f16 . t y65.w.A ,m-2 Z c C�+u a. sa U x,,...1 W 63 moin.�$uu€a ..et.a4 •G� 1 c m1pq2 t C.46 W° $�'uw 6aut1'.2te1 11 1y ~1Inw yy•K opf. , C7Z 0t aA' ,a YC 1�p p,..VM M H .b K ._ `�O - OO ...-UL L C O+fM ���alll ESN`ViU� 4 �.WOU OVw 4 1��+�1��b rim •t.ar O V..r w,. V A F6 WU'a.>1-n'ONM R tlUN .S`s .I . a ssUib1tmR®9aiYmmaaEldrsaama®BoaoRa .. . • 1530 A 030 n w.n.tyw^.nee..... .., .r• nl.,wn1.•i1.I. • ..m n .law•.. MV•s w e.u.1' S.N tors,. et.toe SG 1 C....I*d tI�M1 Mil 10.00 4w•r N,OW. 11.N • How the legal notices would ' • appear in the EP News . . (facsinilc) with our type • RECErT FOR CERTIFIED MAIk 30¢ (plus tage �/� apostaA,E ."4•74 sh4,... n'ott eek -7i tolu r +Alger —, s m NTtlt break-hi—Am b «d*Me ow Our receipt--upon nailing O tole aawa to*Meow ear_. SEtYOT 0.Sheen M COON,to qu Hem aly-- entree tma eMNMt ro etM.N.e«ry_._...- affidavit of publication •TrrRY"ioTaoaiSfi3rAr•---•--- --••—• yp Trt dilli011 earo t«•.,u.A-..............._r.-.. • to Mt Sec. of State F•t PS r.. 3'. NO INSURANCE OE RA6E.PAOVl0E6 !W'1 Ape.MI 3 •SENDER:Cempla.a.ou IN t,..d t. . e Ada PX.address in the "RETURN To' sou. N I.The Mowing eervko is aequeated(check one) 0 Show to whom end date delivered ISe 0 Show to when,date,a address of delivery 35e . 0 RESTRICTED DELIVERY. Show to whom and date delivered SSr , 0 RESTRICTED DELIVERY. Our proof that state received Show to wham date,and address of delivery OS- our affidavit letter R.ARTS ADDRESSED TO: 1 S.ARTICLE DESCRIPTION: . A REWSTERED NO. CERTIfED NO. IN O. • 1 I o/� I 5 tAawy.NANA elenotote of Siddfen.toe-relt LC I have received the ankle described abort. • PFi SIGNATURE 0 Add...arc, ❑Authorised am: a S a. lvERr '•�poosr.::a /I a tart ,'�.df 1. ' i a.A Ef-yiorPSL'trt0lit�lt�b:t"•'�"r1(.t': CENTRAL MAIL t, '' (`. S s.u3e u c.v: I truss 1 . ',ST. PAUL, MINN. 551J•5 /531 • • • 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 • • • 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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Q 1, ..--\_.. ,t'''' ...'. ,i. ,,, • ''''op . j : 1 if w / „ . ,„ 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