HomeMy WebLinkAboutCity Council - 01/04/1977JOHN FRAME
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 4, 1977
COUNCIL MEMBERS:
COUNCIL STAFF:
INVOCATION
7:30 PM, CITY HALL
Mayor Wolfgang Penzel
Councilman Billy Bye
Councilwoman Joan Meyers
Councilman David Osterholt
Councilwoman Sidney Pauly
City Manager Roger Ulstad; City Attorney Harlan
Perbix; Planner Dick Putnam; Finance Director
John Frane; Director of Community Services
Marty Jessen; Engineer Carl Jullie; and
Joyce Provo, Recording Secretary
PLEDGE OF ALLEGIANCE
ROLL CALL
I. SWEARING IN CEREMONIES FOR MAYOR AND TWO COUNCIL MEMBERS
II. OFFICIAL DESIGNATIONS
A. Appointment of Acting Mayor
III. APPROVA1_ OF AGENDA AND OTHER ITEMS OF BUSINESS
IV. MINUTES
A. Minutes of the Regularly Scheduled Council Meeting held Tuesda
y
.
Decemb2r 7, 1976.
B. Minutes of the Regularly Scheduled Council Meeting held Tuesda
y
,
December 14, 1976.
V. APPOINTMENTS
A. Planning & Zoning Commission - Appointment of 2 Representative
s
for 3 year terms, plus I Council Representative. Appointments to be
made by Council.
B. Parks, Recreation & Natural Resources Commission - Appointmen
t
o
f
3
Representatives for 1 year terms, plus 1 Council Representati
v
e
.
Appointments by the Mayor with the consent of the Council.
C. Human Rights Commission - Appointment of 2 Representatives f
o
r
3
year terms, plus I Council Representative. Appointments by
M
a
y
o
r
with the consent of the Council.
D. Historical & Cultural Commission - Appointment of 2 Represent
a
t
i
v
e
s
TA Representative from the Historical Society for a one year term,
and 1 member at-large for a three year term), plus 1 Counc
i
l
Representative for a one year term. Appointments by Mayor w
i
t
h
e ,0 — rCOrIC".
Page 3646
Page 3653
Page 3662
Council Agenda - 2 - Tues.,January 4, 1977
V. APPOINTMENTS (Continued)
E. Board of Appeals & Adjustments - Appointment of 5 Re
p
r
e
s
e
n
t
a
t
i
v
e
s
.
(I-Representative of the City Council, 1 Representativ
e
o
f
t
h
e
P
l
a
n
n
i
n
g
Commission, and 3 citizens of Eden Prairie). Appo
i
n
t
m
e
n
t
s
b
y
t
h
e
Mayor with consent of the Council - 1 year terms.
F. Building Code Board of Appeals__- Appointment of 5 R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
.
Appointments by the Mayor with the consent of the Co
u
n
c
i
l
-
1
y
e
a
r
terms.
Page 3662
G. CATV Study Commission - Appointment of Council Repr
e
s
e
n
t
a
t
i
v
e
a
n
d
o
n
e
A
l
t
e
r
n
a
t
e
.
to
Appointment by Council.
H. Metropolitan League of Municipalities - Appointment
o
f
1
R
e
p
r
e
s
e
n
t
a
t
i
v
e
and 4 Alternates. Appointments by Council - 1 year
t
e
r
m
s
.
I. LOGIS - Appointment of 1 Representative and 1 Alter
n
a
t
e
.
A
p
p
o
i
n
t
m
e
n
t
s
by Council.
J. Health Officer - Appointment of 1 Health Officer fo
r
t
h
e
y
e
a
r
1977. Appointment by Mayor with consent of Council
.
K. Suburban Rate Authority - Appointment of 1 Represen
t
a
t
i
v
e
t
o
t
h
e
11
Suburban Rate Authority for 1977. Appointment by Mayor w
i
t
h
c
o
n
s
e
n
t
of Council.
L. South Hennepin Human Services Council - Appointmen
t
o
f
3
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
"
&
Ti Council Representative to fill an unexpired term of 1 yea
r
,
1
C
i
t
y
Page 3663
Staff Representative to serve a 2 year term, and 1 at-large
m
e
m
b
e
r
t
o
s
e
r
v
e
a 2 year term). Appointments by Council.
M. Appointment of City Attornel- Appointment by Manag
e
r
s
u
b
j
e
c
t
t
o
a
p
p
r
o
v
a
l
of Council.
Pc.ae 3662
Page 3664
Page 3672
Page 3674
Page 3677
Penr,
N. WAFTA Board - A2pointment of 1 Representative fo
r
a
1
y
e
a
r
t
e
r
m
.
Appointment by Council.
VI. PUBLIC HEARING
A. 1977 Community Development Block Grant, joint a
p
p
l
i
c
a
t
i
o
n
f
o
r
approximately $45,800 of Federal funds to be used f
o
r
e
l
i
g
i
b
l
e
community projects. •
VII. RESOLUTIONS & ORDINANCES
A. Resolution No. 1232, designating the official meeti
n
g
d
a
t
e
,
t
i
m
e
and place for the City of Eden Prairie Council Memb
e
r
s
i
n
1
9
7
7
.
B. Resolution No. 1233, designating the Official Newsp
a
p
e
r
f
o
r
1
9
7
7
.
C. Resolution No. 1234, authorization for signatures.
Eckni Pralrie.
Council Agenda - 3 - Tues.,January 4, 1977
VII. RESOLUTIONS & ORDINANCES (continued)
E. Resolution No. 1236, authorizing use of facsimile signatures by
Public Officials.
F. Resolution No. 1237, authorizing the treasurer to invest City of
Eden Prairie Funds.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Discussion on Council Re resentatives to Boards and Commissions.
2. Discussion on who should select Chairmen of various Boards and
Commissions.
B. Report of City Manager
C. Report of City Engineer
1. Approve plans and specifications and order advertisement for
bids on sanitary sewer connection for the New Testament
Church/Stewart Highlands, I.C. 51-283. (Resolution No. 1238)
2. Chanhassen request for connection to Duck Lake Area Trunk
Sanitary Sewer.
3. Annual Agency Contract with Minnesota Department of
Transportation. (RecOntion No. 1239)
4. Annual Technical and Engineering Assistance Agreement with
Minnesota Department of Transportation. (Resolution No. 1240)
5. Receive petition and set hearing date for vacation of a portion
of Franlo Road in the proposed Olympic Hills nd Addition.
(Resolution No. 1241)
D. Report of Finance Director
1. Clerk's License List
IX. NEW BUSINESS
X. ADJOURNMENT.
Page 3679
Page 3680
Page 3681
Page 3683
Page 3687
Page 3689
Page 3699
Page 3702
Page 3706
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 7, 1976
COUNCIL MEMBERS:
COUNCIL STAFF PRESENT:
7:30 PM, CITY HALL
Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
City Manager Roger Ulstad
City Attorney Harlan Perbix
Director of Community Services Marty Jessen
Planning Director Dick Putnam
Finance Director John Frane
Recording Secretary Joyce Provo
INVOCATION: City Attorney Harlan Perbix
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the Agenda under the "New
Business" category:
A. Discussion on Sign Ordinance draft.
B. Green Acres Law.
C. Windslope Proposal.
D. Public Hearings relative to the Community Development Block
Grants.
MOTION: Meyers moved, seconded by Pierce, to approve the agenda as amended
and published. Motion carried unanimously.
II. PRESENTATION OF STATE'S CONTRIBUTION FOR CIVIL DEFENSE SIRENS GIVEN BY
STATE REPRESENTATIVE DOUGLAS EWALD
State Representative bouglas Ewald presented a check to the City of Eden
Prairie from the Minnesota Department of Public Safety in the amount of
$3,300.00 to be used for Civil Defense Sirens.
III. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, NOVEMBER 9, 1976.
Minutes of the Council Meeting held Tuesday, November 9, 1976, were
continued to the December 14, 1976 Council meeting.
Council Minutes - 2 - Tues.,December 7, 1976
IV. PUBLIC HEARINGS
A. Opus II, Rauenhorst Corporation, request for rezoning approval of approximately
5 acres from Rural to Office. The site is located in the northwest quadrant
of CSAH 62 and Co. Rd. 18.
Robert Worthington, Director - Planning & Governmental Affairs for
Rauenhorst Corporation, spoke to the proposal and described the
building plans which will be occupied by the American Family Insurance
Company within the southerly portion of the Opus II project.
Planning Director Putnam outlined the recommendations in the Staff
Report dated November 15, 1976, and in the Minutes of the Planning
Commission held November 22, 1976.
City Engineer Jullie explained that he has met with Rauenhorst and the
Minnetonka staff and has worked out the details for a Joint Agreement
for sewer and water installation and street construction, and will
submit same to the Council at a future Council meeting.
Meyers questions if the agreement includes police and fire. Jullie
stated it would not, and that police and fire would have to be included
in a separate agreement to be worked out later.
MOTION: Bye moved, seconded by Pierce, to close the Public Hearing
and give a 1st Reading to Ordinance No. 353, approving the request for
rezoning for Rauenhorst Corporation, Opus II, Phase 1, of approximately 5
acres from Rural to Office, and direct staff to draft a rezoning
agreement incorporating the recommendations of the Planning Commission
from their meeting held November 22, and the Staff Report dated
November 15, 1976. Further that a revised grading plan and Joint
Agreement with Minnetonka be completed before the 2nd Reading. Motion
carried unanimously.
City Manager Ulstad explained that Rauenhorst is interested in doing
some rough grading and asked the Council consider giving permission
to this request. Council agreed to this request, however, Meyers
asked that staff review the alternatives before the rough grading
begins.
B. Condon/Naegele Office Building, request for rezoning from Rural to
Office District for approximately 3 acres. The site is located in the
southeast corner of Co. Rd. 60 and 1-494 entrance ramp.
Bye requested that in the future staff supply the Council with
information as to the tax revenue each proposal will provide.
Tim Geisler, Design Consortium - Project Architect, outlined the proposal
and answered questions of Council members.
Planning Director Putnam spoke to the Staff Report dated November 2, 1976,
and the Planning Commission minutes dated November 8, 1976. •
Council Minutes - 3 - Tues.,December 7, 1976
B. Condon/Naegele Office Building (continued)
Meyers questioned if the proponent had a definite time schedule. Mr.
Geisler stated they would probably start construction in about three
to four months.
Meyers questioned if the driveway entrance is adequate. Jullie
responded that it would meet the preliminary layouts the City has
received from the Minnesota Highway Department.
Charles Tebelius, 7174 Topview Road, expressed his concern about traffic
on County Road 60.
MOTION: Bye moved, seconded by Pauly, to close the Public Hearing
and give a 1st Reading to Ordinance No. 355, approving the request for
rezoning the Condon/Naegele Office Building from Rural to Office
District for approximately 3 acres, and direct staff to draft a rezoning
agreement incorporating the recommendations of the Planning Commission
from their meeting held November 8, 1976. Motion carried unanimously.
C. Area "G" of The Preserve Commercial Plan, request for approval of
development standards, rezoning from Rural to C-Regional Service and
preliminary plat approval. The site is located in the northeast quadrant
of Schooner Boulevard and US 169/212 intersection.
Don Hess, The Preserve, outlined the proposal and answered questions
of Council members.
City Planner Putnam spoke to the Staff Report dated November 2,
the Planning Commission minutes dated November 8, 1976, and the
Design Framework Manual.
Meyers stated she had some questions on the Design Framework Manual
and thought the Council should receive a legal opinion on such a document
before the Council proceeds to take any action.
Claudia Beaman, 9955 Valley View, questioned if the project can be
stopped in case of negligence on the part of the proponent, Penzel
responded the Building Department will review the permits and if
negligence exists they could stop from issuing building permits based
on non-compliance.
Bye explained that he thought a 1st Reading to Ordinance No. 357 would
be in order, and that the addendum of the Design Framework Manual be deleted
until a legal opinion is obtained. He further stated then if the Council
decides in the affirmative, the Design Framework Manual could be
incorporated at a later time.
MOTION: Meyers moved, seconded by Pauly, to continue the Public Hearing on
Area "G" of The Preserve Commercial Plan until the December 14th Council
meeting, to allow suggestions and changes on the Design Framework Manual
by the Planning Staff, Planning Commission and Council. Further that a legal
opinion be given by our City Attorney as to the legality of such a document.
end Bye voted "nay". Mqtion carried
11,
Council Minutes - 4 - Tues.,December 7, 1976
C. Area "G" of The Preserve Commercial Plan (continued)
Planning Director Putnam was requested to receive the changes and
bring back a revised copy of the Design Framework Manual by the
December 14th Council meeting.
D. John Suback On-Sale Liquor License
The proponents, Gordon Koehnen and John Suback, showed diagrams of
their proposed building and location of same.
Meyers pointed out that the original license approval was contingent
upon several things, one was that there be a letter on file between
the adjacent property owner and the proponents to share parking
facilities.
MOTION: Bye moved, seconded by Pierce, to direct staff to draft a
resolution granting a conditional on-sale liquor license to John
Suback and Gordon Koehnen and that staff review the egress and ingress
from Martin Drive and Mitchell Road. In addition, the proponent is to
provide evidence of easement for parking purposes on Lot 1, Block 4,
of Edenvale Industrial Park. Pierce, Bye, Penzel and Pauly voted "aye",
Meyers voted "nay". Motion carried.
E. Stewart Highlands, Stewart Properties, request to preliminary plat
to replat and rezone Topview Acres 1st Addition from Rural to
RN 6.5 for single family and/or double bungalow dwellings.
Mr. Bill Stewart introduced Bailey Seida, consultant for his project.
Mr. Seida, in turn, outlined the proposal and answered questions of
Council members. He further requested that if favorable action is given
to the proposal, that the Council take steps to initiate street vacation
to eliminate the existing platted street which is Earl Drive.
Planning Director Putnam spoke to the Planning Commission minutes dated
November 8 and the Staff Report dated November 4, 1976.
Walter S. Carpenter, Minnesota Tree, Inc., referred to his letter dated
October 25 and discussed same with Council members. (Letter attached
as part of minutes)
City Engineer Jullie spoke to his memo dated December 3 regarding Mr.
Stewart's request to be deleted from the MCA Assessment Area in the future,
explaining that Mr. Stewart would be willing to pay the presently existing
assessments.
MOTION: Bye moved, seconded by Pauly, to close the Public Hearing and
give a 1st Reading to Ordinance No. 354, approving the request for
Stewart Properties to rezone Topview Acres 1st Addition from Rural to RM 6.5
for single family and/or double bungalow dwellings. Motion carried
unanimously.
Council Minutes. - 5 - Tues.,December 7, 1976
E. Stewart Highlands, Stewart Properties (continued)
MOTION: Meyers moved, seconded by Pauly, to direct staff to develo
p
a rezoning agreement including recommendations in Planning Commissi
o
n
minutes dated November 8, 1976, and also including a copy of the "P
o
s
s
i
b
l
e
Local Street Network",and suggest that before the 2nd Reading of Or
d
i
n
a
n
c
e
No. 354 that our City Engineer discuss with the County Highway Dep
a
r
t
m
e
n
t
the need for a right turn lane on Kilt Way and County Road 60, or
i
f
two turn lanes should be required.
MOTION TO AMEND: Bye moved, seconded by Penzel, to amend the prev
i
o
u
s
motion by excluding the land from future MCA assessments. Bye, Pa
u
l
y
,
Pierce and Meyers voted "aye", Penzel voted "nay". Motion carried
.
MOTION AS AMENDED: Pauly moved, seconded by Pauly, to approve the
motion as amended. Bye, Pauly, Pierce and Meyers voted "aye", Pen
z
e
l
voted "nay". Motion carried.
MOTION: Pauly moved, seconded by Pierce, to adopt Resolution No.
1
2
1
6
,
approving the preliminary plat of Stewart Highlands and to modif
y
s
t
r
e
e
t
names as deemed desirable. Motion carried unanimously.
MOTION: Meyers moved, seconded by Pauly, to direct staff to initia
t
e
the proper procedures for vacating Earl Drive. Motion carried unan
i
m
o
u
s
l
y
.
F. Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290.
City Engineer Jullie outlined the proposed sanitary sewer and wate
r
m
a
i
n
improvement and recommended approval of same. A petition was dist
r
i
b
u
t
e
d
to the Council members signed by residents of Park Circle in favor
o
f
t
h
i
s
improvement.
Mr. James Hoag, 7660 Heritage Road, stated he could not understand
w
h
y
this improvement has been petitioned as there has been no need at
t
h
i
s
point for this improvement nor has there been any in the past.
Donna Boller, 7690 Heritage, stated that no one contacted the par
t
y
r
e
s
i
d
i
n
g
at 7640 Heritage Road as they did not even know they had a problem
.
City Engineer Jullie explained there was a request made of the He
a
l
t
h
Department to come out and check some effluent in the area and th
e
C
i
t
y
received a copy of the test report. The City did not initiate th
e
r
e
q
u
e
s
t
for the report. He further stated that after our Inspector check
e
d
t
h
e
a
r
e
a
,
he could not pinpoint the problem to be specifically at 7640 Heri
t
a
g
e
R
o
a
d
.
Pauly expressed her concern that it is basically the developer w
h
o
w
a
n
t
s
t
o
develop the lots and in the course of doing so,wants to bring in
a
n
e
x
p
e
n
s
i
v
e
unwanted sewer project on citizens already there. Pauly further
s
t
a
t
e
d
she had talked to Mr. Miller of the Minnesota Pollution Contrel Age
n
c
y
a
n
d
was deiinitely not.
'36(30
Council Minutes . - 6 - Tues.,December 7, 1976
F. Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290.
(Continued)
MOTION: Bye moved, seconded by Pierce, to continue the Public Hearing for
Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290
until January 11, 1976 when clarification should be received from
Mr. R. D. Miller of the Minnesota Pollution Control Agency verifying
sanitary sewage may or may not exist in the area. Motion carried
unanimously.
G. East/West Apartments, The Preserve, request for rezoning from
Rural to RM 2.5 on 8.98 acres for 129 renta) apartment units. The site
is located west of The Preserve Center.
Don Hess, The Preserve, spoke to the proposal and answered questions
of Council members. Doug Moe, Architect for the project, presented
a model of the proposed plan.
Robert Carlson, 9061 Neill Lake Road, Tom Bach, 9015 Neill Lake Road,
and John Bergan, 8705 Bentwood Drive, spoke in opposition to the East/West
Apartments being back on the Council agenda as there have been no
substantial changes to the proposal. Mr. Bergan specifically noted that
the i;etropolitan Council has stated Eden Prairie is not high on the priority
list to have more subsidized units and also questioned why The Preserve
has to have all the subsidized housing in Eden Prairie.
MOTION: Pauly moved, seconded by Penzel, to deny the request of The
Preserve for the East/West Apartments to rezone from Rural to RM 2.5
the 8.98 acres for 129 rental apartment units as this would put two
enormous subsidized units across the street from each other. Pauly and
Penzol voted "aye", Bye,Meyers and Pierce voted "nay". Motion failed.
MOTION: Pierce moved to approve the request from The Preserve for the
East/West Apartments to rezone from Rural to RN 2.5 the 8.98 acres
for 129 rental apartment units. Motion died for lack of a second.
MOTION: Meyers moved, seconded by Bye, to continue the Public Hearing
on The Preserve's East/West Apartments to the December 14th Council meeting
as the Council does not fully understand the figures that have been
presented by The Preserve and would like further, checking and clarification
by our own staff. ,Meyers, Bye, Pierce and Penzel voted "aye", Pauly voted
"nay". Motion carried.
MOTION: Pierce moved, seconded by Meyers, to continue past the 11:00 PM scheduled
adjournment time. Motion carried unanimously.
36,51
Council minutes
V. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 352. repealing Ordinance No. 158, which
is the Ordinance licensing and regulating_the sale of intoxicating_
liquor by certain clubs within the Village of Eden Prairie.
MOTION: Meyers moved, seconded by Bye, to approve the 2nd Reading
of Ordinance No. 352, repealing Ordinance No. 158. Motion carried
unanimously.
B. 2nd Reading of Ordinance No. 343, Creekwood double bungalow and single
family detached, Hustad Development Corporation, rezoning from rural
to RN 6.5 and rezoning agreement.
MOTION: Pierce moved, seconded by Meyers, to continue the 2nd Reading
of Ordinance No. 343 to the December 14, 1976 Council meeting.
Motion carried unanimously.
C. Resolution No. 1219, establishinairecinct boundaries for the City
of Eden Prairie.
Finance Director Frane spoke to Resolution Mo. 1219, and the map previously
distributed to Council members which consisted of seven precincts.
Frane presented an alternate proposal to the Council consisting of
six precincts.
Fred Baumann, 10805 Valley View Road, requested that this item
be continued until Mr. Frane has talked to precinct leaders.
Pauly recommended five precincts rather than the orginal seven.
MOTION: Meyers moved, seconded by Bye, to adopt modified Resolution
No. 1219 consisting of six precincts as outlined on map dated 12/7/76.
Meyers, Bye, Pierce and Penzel voted "aye", Pauly voted "nay". Motion
carried.
D. Resolution No. 1218, Municipal Industrial Development Bonds for
Physical Electronics.
Roland E. Weber, President, Physical Electronics Industries, Inc.,
appeared before the Council and requested favorable action on
Resolution No. 1218.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1218,
Municipal Industrial Development bonds for Physical Electronics. Motion
carried unanimously.
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members.
No Reports by Council members.
9/ rl _)0,,
Council Minutes - 8 - lues.,uecemoer /, 19/o
B. Report of City Manager
1. Suburban Public Health Nursing Service
Continued to the December 14, 1976 Council meeting.
C. Report of Director of Community Services
1. Kucher/Deaver Properties
MOTION: Pierce moved, seconded by Meyers, to direct the City
Attorney to draft a legal opinion on whether or not the City
can purchase land with the intention of turning around and
selling same. Motion carried unanimously.
Continued to the December 14, 1976 Council meeting.
2. Metropolitan Parks and Open Space Five-Year Capital Improvement
Program
Continued to the December 14, 1976 Council meeting.
D. Report of City Engineer
1. T.H. 169 right-of-way agreement with C. Anderson, J. Schwartz,
and the City of Eden prairie.
MOTION: Pauly moved, seconded by Meyers, to approve the
T.H. 169 right-of-way agreement with Cal Anderson and
Jesse Schwartz and authorize Mayor to execute same. Motion
carried unanimously.
E. Report of Finance Director
I. Payment of Claims Nos. 2937 - 2980.
MOTION: Meyers moved, seconded by Bye, to approve the Payment
of Claims Nos. 2937 - 2980. Roll Call: Meyers, Bye, Pauly, Pierce
and Penzel voted "aye". Motion carried unanimously.
2. Clerk's License List
MOTION: Bye moved, seconded by Meyers, to approve the Clerk's
License List dated December 7, 1976, amending communication attached
from Genghis Khan of Sapporo, dated November 29, 1976, in the 4th para.,
last line, strike "Sumer 1977" and insert "August 1, 1977". Motion
carried unanimously.
Greg Gustafson, Attorney for Genghis Khan of Sapporo, stated he
thought this was a reasonable request.
Council Minutes - 9 - Tues. ,December 7, 1976
VII. NEW BUSINESS
A. Discussion on Sign Ordinance draft.
Continued to December 14, 1976 Council meeting.
B. Green Acres Law.
Continued to December 14, 1976 Council meeting.
C. Windslope Proposal.
Planning Director Putnam brought the Council up-to-date on the
Windslope proposal, i.e., parking area, plantings, and children's
play space.
D. Public Hearings relative to the Community Development Block Grants
MOTION: Meyers moved, seconded by Pierce, to set January 4, 1977
and January 11, 1976 as the Public Hearing dates for the Community
Development Block Grants. Motion carried unanimously.
VIII. ADJOURNMENT
MOTION: Bye moved, seconded by Meyers, to adjourn the Council meeting
at 12:40 AM. Motion carried unanimously.
36(SL I
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 14, 1976
7:30 PM, CITY HALL
COUNCIL MEMBERS:
Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
COUNCIL STAFF PRESENT:
City Manager Roger Ulstad
City Attorney Harlan Perbix
Director of Community Services Marty Jessen
City Engineer Carl Jullie
Planning Director Dick Putnam
Chief Building Inspector Wayne Sanders
Recording Secretary Joyce Provo
INVOCATION: Reverend Wesley Brooks, Eden Prairie Assemblies of God Church
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda:
Presentation of $2,500 to the City from the Lion's Club to be used
for the Picnic Pavilion at Round Lake.
Approval of RLS for John Teman.
Setting of Public Hearings for two properties.
MOTION: Meyers moved, seconded by Pierce, to approve the agenda as amended
and published. Motion carried unanimously.
Mr. Haakon Nyhammer, representing the Eden Prairie Lion's Club, presented a check
to the City in the amount of $2,500 to be used for the Picnic Pavilion at Round Lake.
II. MINUTES
A. Minutes of the Regularly Scheduled Council Meeting held Tuesday, November 9, 1976.
Pg. 2, 2nd para., 6th line, after "automotive" strike "IBA (tires, batteries
and accessories)" and insert and TBA uses."
Pg. 3, 2nd para., 3rd line, strike "Edenvale" and insert "Suback"; and in the
6th para., 4th line, strike "store" and insert "restaurant":
MOTION: Mover, Pleved, ,..ecended by !iv^. to approve the minutes of the Council
carried unanimously.
Council Minutes . - 2 - Tues.,December 14, 1976
II. MINUTES (continued)
B. Minutes of the Regularly Scheduled Council Meeting held Tuesday,
November 23, 1976.
Pg. 3, para. 3, 2nd line, strike "project" and insert "double bungalow
portion of the site"; 5th para., 2nd line, after "restrictions"
insert "on heighth and intensity", and in the 3rd line after
"fixtures" insert "and exposed to illumination in their homes":
para. 4, 2nd line, strike "hesitate" and insert "hesitant".
Pg. 4, last para., 4th line, after "and" insert "under what conditions".
Pg. 5, 7th para., 1st line, strike "City is paying" and insert "Draft County
Plan provides"; 2nd line strike 'any"; and in the 3rd line strike
"with the present plan".
MOTION: Pierce moved, seconded by Pauly. to approve the minutes of the
Council meeting held Tuesday, November 23, 1976, as amended and published.
Motion carried unanimously.
III. PUBLIC HEARINGS (continued from 12/7/76 Council Meeting)
A. Area "G" of The Preserve Commercial Plan, request for approval of development
standards, rezoning from Rural to r-Regional Service and preliminary plat
approval.
City Attorney Perbix spoke to his memo dated December 10, 1976 as to the
legality of the Design Framework Manual as requested by the Council at
the December 7th Council meeting. Perbix explained that incorporating
such a procedure within a developers agreement would be legal.
Penzel requested that the word "outset" be changed to "time" on page 8
of the Design Framework Manual, and Meyers requested that item 3 on page
9 of the manual be clarified.
MOTION: Bye moved, seconded by Pierce, to close the Public Hearing and
give a 1st Reading to Ordinance No. 357, rezoning Area "G" of The Preserve
Commercial Plan from Rural to C-Regional Service. Motion carried unanimously.
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1217, approving
the preliminary plat of Area "G" of The Preserve Commercial Plan using Design
Plan "A" of the Design Framework Manual as the reference. Motion carried
unanimously.
MOTION: Meyers moved, seconded by Pauly, to instruct the City Attorney to
draft a rezoning agreement including the recommendations of the Planning
Commission and the revised staff evaluation of the Design Framework Manual
dated 12/10/76, request staff provide some language in the manual that
would acknowledge the possibility of common wall or abutting wall development
with a private shared parking arrangement, and to draft Figure "G" for part of
the Design Review Manual showing that as a development option. Motion carried
unanimously.
Council Minutes - 3 - Tues.,December 14, 1976
B. East/West Apartments, The Preserve, request for rezoning from Rural
to RN 2.5 on 8.98 acres for 129 rental apartment units. The site is lo
c
a
t
e
d
west of The Preserve Center.
Finance Director Frane spoke to memo dated December 10 on East/West
Parkway Apartments - School Impact, and memo dated December 13 on East/
W
e
s
t
Parkway Apartments - City Impact, and answered questions of Council member
s
.
MOTION: Meyers moved, seconded by Pauly, to close the Public Hearing
and that the Council not consider the request for reconsideration of the
rezoning of the East/West Apartments from Rural to RM 2.5 on 8.98 acres fo
r
129 rental units as it is the Council's determination that no substantial
new information has been presented on the project. Pauly, Meyers and
Penzel voted "aye", Pierce and Bye voted "nay". Motion carried.
IV. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request of Mark Allen Lewis to appeal the Board of Appeals & Adjustmen
t
s
decision to deny a 20 foot setback on Lot 2, Block 3, Kings Forest Addit
i
o
n
to Stevens Heights.
Mr. Lewis explained that he was appealing the Board of Appeals & Adjustme
n
t
s
decision made on November 18 to deny his request for a 20 foot setback t
o
Lot 2, Block 3, Kings Forest Addition to Stevens Heights, and showed sli
d
e
s
of his lot at the various setback stages.
Chief Building Inspector Wayne Sanders referred to his memo dated
November 17 to the Board of Appeals & Adjustments and to the minutes of
t
h
e
Board of Appeals & Adjustments dated November 18, 1976. The Council
agreed that a 20 foot setback should not be granted.
Mr. Lewis said he would be willing to accept anything less than a 35 foot
setback, and asked what the Council would consider granting.
Bye explained that the Council was asked to rule on a 20 foot setback
as that was the setback requested by Mr. Lewis to the Board of Appeals &
Adjustments, and if Mr. Lewis is requesting another setback this matter s
h
o
u
l
d
go back to the Board of Appeals & Adjustments for their recommendation.
MOTION: Bye moved, seconded by Meyers, to refer the request of Mark Alle
n
Lewis back to the Board of Appeals & Adjustments based on the fact that
the proponent is now willing to accept a waiver of setback less than the
original request. Motion carried unanimously.
V. ORDINANCES & RESOLUTIONS
A. 2nd Reading_of Ordinance No. 344, rezonila 34 lots on approximately 1
7
a
c
r
e
s
to R1-13.5, Hidden Oaks, The Preserve, by Mr. Kevlin, and rezoning agree
m
e
n
t
.
MOTION: Pierce moved, seconded by Pauly, to approve the 2nd reading of
Ordinance No. 344, rezoning 34 lots on approximately 17 acres to R1-13.5
,
Hidden Oaks, The Preserve, by Mr. Kevlin, and the rezoning agreement.
Motion carried unanimously.
Council Minutes - 4 - Tues.,December 14, 1976
B. Resolution No. 1223, Crime Prevention Grant.
MOTION: Pierce moved, seconded by Bye, to adopt Resolution No. 1223,
the Crime Prevention Grant. Motion carried unanimously.
C. Resolution No. 1225, granting a conditional on-sale liquor license to
John Suback and Gordon Kophnen.
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1225, granting
a conditional on-sale liquor license to John Suback and Gordon Koehnen
with an addendum that the document relating to parking be received by
Mr. Perbix in a recordable document. Motion carried unanimously.
D. 2nd Reading of Ordinance No. 343, Creekwood double bungalow and single
family detached, Hustad Development Corporation, rezoning from Rural to
RM 6.5 and rezoning agreement.
Council requested the following amendment be made to the rezoning
agreement: Pg. 3, item 7, should read That there be but one driveway
entrance from Creek Knoll Road to each double bungalow unit."
MOTION: Meyers moved, seconded by Bye, to approve the 2nd Reading of •
Ordinance No. 343, rezoning from Rural to RM 6.5 for the Creekwood double
bungalow and single family detached units, and the rezoning agreement as
amended. Motion carried unanimously.
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Mayor Penzel reminded the Council memhers of the Chamber of Commerce
meeting to be held Thursday at Genghis Khan.
B. Report of City Manager
I. Suburban Public Health Nursing Service
City Manager Ulstad spoke to memo dated December 10, 1976, and
recommended that the Council consider enterir , into an agreement
for 1977 using the Suburban Public Health Nursing Service for 1977
at a cost not to exceed .28t per capita.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1226,
naming the Suburban Public Health Nursing Service as our community
health services vendor for 1977, and direct staff to draft a letter
on behalf of the Council, listing the areas of concern
and delivery of services as they pertain to Eden Prairie. Motion carried
unanimously.
Council Minutes - 5- Tues.,December 14, 1976
B. Report of City Manager (continued)
2. Fire Department 5-Year Capital Improvement Program
Chief Ray Mitchell outlined the revised proposal for improved fire
protection dated October 26, 1976, and spoke to memo from Finance
Director Frane dated December 9, 1976.
MOTION: Bye moved, seconded by Pierce, to direct the Staff and City
Attorney to draft necessary documents to prepare for a bond referendum,
date to be decided, reflecting in general Plan II, 1 Question only, and to
determine the necessary improvements for fire protection in order to
obtain a rating of Grade 6 as compared to the present rating of Grade 8,
enabling the City to explain to the people its meaning as it relates to
their fire insurance rates. Motion carried unanimously.
3. Status on Local 49 Negotiations and 1977 Salary Appropriations
Status on Local 49 Negotiations - City Manager Ulstad outlined the
communication from the Metropolitan Area Management Association dated
December 9, 1976 regarding negotiations with Local 49.
1977 Salar A ro nations - City Manager Ulstad requested the
Council appropriate 72,100 out of the Reserve and Contingency Fund.
MOTION: Pauly moved, seconded by Bye, to appropriate $72,100
()et of the Reserve and Contingency Fund to be used for salary adjustments.
Roll Call Vote: Pauly, Bye, Meyers, Pierce and Penzel voted "aye".
Motion carried unanimously.
4. Status on December 28th Council meeting.
MOTION: Meyers moved, seconded by Pierce, to hold a Council meeting
on December 28 as regularly scheduled and to limit meeting to
approving expenditures and licenses. Motion carried unanimously.
C. Report of Director of Community Services
1. Kucher/Deaver Properties
As requested by Council members at the December 7th City Council meeting,
City Attorney Perbix spoke to his legal opinion as to the City purchasing
a large tract of land tcr park purposes and then, in turn,
turning around and selling same. In communication trom Mr. Perbix dated
December 10, 1976 he explained: If the City is desirous of acquiring
the so-called Deaver property, it ought to acquire only that portion that
it intends to use as a park, and if Mr. Deaver is not desirous of subdividing
it, the City ought to acquire it through condemnation."
Mike Halley,representing Mr. Deaver, stated since the City is not interested
in purchasing the 1r,2 acres at $3,000 an acre, he would like to pursue the
possibility of an option agreement with Mr. Deaver that the City would
purchase approximately 70 acres at approximately $4,000 an acre.
3(fil
Council Minutes - 6 - Tues.,December 14, 1976
I. Kucher/Deaver Properties (continued)
MOTION: Pierce moved, seconded by Pauly, to instruct the City Attorney
to draft an option agreement for one year for approximately 70 acres
at approximately $4,000 per acre for the Deaver property. Pierce voted
"aye", Pauly, Bye, Meyers and Penzel voted "nay". Motion failed.
MOTION: Bye moved, seconded by Meyers, to receive and file the Staff
Report. Bye, Meyers, Pauly and Penzel voted "aye", Pierce voted "nay".
Motion carried.
Meyers stated she would like to see if there is any funding the City
can apply for that would not require matching funds. Jessen responded
that this property may apply for Community Development Funds, however,
the City already has a substantial list for those funds.
2. Metropolitan Parks and Open Space Five-Year Capital Improvement Program
Director of Community Services Jessen spoke to two resolutions: Resolution
No. 1227, regarding Lake Riley Park, and Resolution No. 1229, with respect
to the Metropolitan Council's 5-Year Capital Improvement Program for Parks.
Jessen reported on his meeting with the Lake Riley people, noting that
the residents did at best support something in the area of 40 acres,
and the staff does not know if 40 acres would make sense or not.
MOTION: Pauly moved, seconded by Meyers, to adopt the amended version
of Resolution No. 1227, regarding Lake Riley Park. Pauly, Pierce and
Meyers voted "aye", Bye and Penzel voted "nay". Motion carried.
MOTION: Pierce moved, seconded by Meyers, to adopt Resolution No. 1229,
with respect to the Metropolitan Council's 5-Year Capital Improvement
Program for Parks. Motion carried unanimously.
MOTION: Bye moved, seconded by Pauly, to continue the meeting past the 11:00 PM
adjournment time to accommodate items concerning people in attendance. Motion carried
unanimously.
D. Report of City Engineer
I. Final Plat approval for Hidden Oaks Addition.
City Engineer Jullie spoke to his memo dated December 9, 1976 and
recommended the adoption of Resolution No. 1224 subject to conditions
outlined in his memo.
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1224,
approving final plat of Hidden Oaks subject to requirements in Staff
Memo dated December 9, 1976. Motion carried unanimously.
E. Report of Finance Director
1. Clerk's License List
MOTION: Meyers moved, seconded by Pierce, to adopt the Clerk's License
DeccAer 28th Council meeting, and have staff communicate the Council's
concern about the back taxes. Motion carried unanimously.
Council Minutes - 7 - Tues.,December 14, 1976
2. Payment of Claims Nos. 3088 - 3247
MOTION: Bye moved, seconded by Meyers, to approve Payment of
Claims Nos. 3088 - 3247. Roll Call Vote: Bye, Meyers, Pauly, Pierce
and Penzel voted "aye". Motion carried unanimously.
VII. NEW BUSINESS
A. Green Acre Law (continued New Business from 12/7/76)
This item is continued to the January 11, 1977 Council meeting.
B. Discussion on Sign Ordinance Draft (continued New Business from 12/7/76)
Planning Director Putnam explained that a draft of the Sign Ordinance
will be to the Council early in January.
C. Approval of RLS for John Teman
City Manager Ulstad explained that John Teman had appeared before
Planning Commission and requested approval of his RLS. The Planning
Commission did recommend approval. City Engineer Jullie outlined the
area in question.
MOTION: Pauly moved, seconded by Bye, to approve the RLS for
John Teman in the southerly part of Lot 18 of Auditor's Subdivision
335. Motion carried unanimously.
D. Setting of Public Hearings for two properties.
MOTION: Meyers moved, seconded by Pierce, to set a Public Hearing
for February 8, 1977 for Water Products for location of their building
South of Highway 1/5 and the Railroad Tracks. Motion carried unanimously.
MOTION: Meyers moved, seconded by Pauly, to set a Public Hearing
for February 8, 1977 for Miley Sprinkling Company. Motion carried
unanimously.
E. Letter to Viking Press, Inc. dated December 13, 1976 from City Engineer
Jullie regarding an administrative lot division.
City Manager Ulstad spoke to communication from City Engineer Jullie
to Viking Press dated December 13, 1976.
John Crouch, legal counsel for Viking Press, questioned application of
Ordinance No. 332 as it applies to a division of this type.
MOTION: Meyers moved, seconded by Pauly, to refer this matter to the
City Attorney for review. Motion carried unanimously.
VIII: ADJOURNMENT
MOTION: Moyers moved. seconded by Bye, to adjourn the meeting at 12:05 AM.
3C,G1
RECOMMENDATIONS FOR APPOINTMENTS
BODY
Planning & Zoning Commission
Parks, Recreation & Natural
Resources Commission
Human Rights Commission
COUNCIL MEMBER
Joan Meyers
David Osterholt
Billy Bye
CITIZENS
Marvin Erickson
Paul Choiniere
Dr. George Tangen
Rosemary Dysinger
Lorraine Maenke * *
Historical & Cultural Commission Sidney Pauly
Board of Appeals & Adjustments Billy Bye
Building Code Board of Appeals
Helen Anderson
Allene Hookom
William Bearman
Jim Cardinal
Jim Wedlund
L.Edmond Leipold, Jr.
Anthony Hirt
Robert Lapic
Charles DeBono
Gerald Offerman
Cheri Fischer
South Hennepin Human
Services Council
Sidney Pauly Mary Hayden
Dr. Richard Williams
Cable TV Joan Meyers - Roger Ulstad
Metro League Mayor & City Council
LOGIS John Frane - Roger Ulstad
Health Officer Dr. Frederic Ekrem
Suburban Rate Authority Carl Jullie
NAFTA Board Dennis Jarvela
* Council Appointments
** Additions, if needed, after Ordinance revision.
December 23, 1976
SOUTH HENNEPIN HUMAN SERVICES COUNCIL
Serving,
Bloomington
Eden Prairie
Edina
Richfield
nrc
Mr. Roger Ulstad
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN. 55343
Dear Mr. Ulstad:
According to the bylaws of the South Hennepin Human
S
e
r
v
i
c
e
s
C
o
u
n
c
i
l
,
appointments of Directors occur in January of each y
e
a
r
.
"The Council of each party shall appoint its four d
i
r
e
c
t
o
r
s
.
Such appointments shall be for terms of two years an
d
u
n
t
i
l
such directors' successors are selected and qualifie
d
,
e
x
c
e
p
t
that the first directors shall be appointed by each
p
a
r
t
y
s
o
that the terms of two directors expire on January 31
,
1
9
7
3
a
n
d
the terms of the other two directors expire on Janua
r
y
3
1
,
1
9
7
4
.
In January of 1973 and each January thereafter each
p
a
r
t
y
s
h
a
l
l
make two regular appointments of directors whose ter
m
s
s
h
a
l
l
b
e
for two years commencing on February first of the ye
a
r
a
p
p
o
i
n
t
e
d
.
"
The directors currently representing Eden Prairie a
r
e
C
o
u
n
c
i
l
m
a
n
T
i
m
Pierce, Dr. George Tangen, Mr. John Franc and MA. Mary Hayden.
I would Appreciate action by your City Council on app
o
i
n
t
m
e
n
t
o
r
r
e
a
p
p
o
i
n
t
-
ment of your representatives some time in January.
Sincerely,
(kk)
Phillip J. Riveness
Executive Director.
PJR:bka
3"
9801 Penn Avenue South • Room 100 • Bloomin
g
t
o
n
,
M
i
n
n
e
s
o
t
a
5
5
4
3
1
•
(
6
1
2
1
888 -5530
IILIPATJC
Comunity Developmnt Program
A. Prior to Local Public Hearing/Meeting
- 1. Advance notice of public.hearing/meeting was published in newspaper?
- 2. An affadavit of publication is enclosed?
- 3. Staff informed, by phone or letter, members of Advisory Commissions, who
will assist with outreach, of the public hearing/meeting.
- 4. Additional effort was made to notify civic associations, other known
community-interest groups and persons likely to be affected by project
activities.
- 5. Documentation of this additional effort is enclosed? (example letters,
mailing lists, etc)
B. During Public Hearing/Meeting
- 1. Citizen Participation requirements (Part 570.303(e)(4), application
schedule deadlines, and the assurance of "maximum feasible priority"
(Assurances - Item 10), were made available and/or explained?
- 2. Potential funding and scope cf eligible and ineligible activities were -
discussed?
- 3. The federally regulated program requirements, listed below, were identified
and interested persons referred to appropriate staff for further explanation
of these requirements:
. a) Real Property Acquisition
b) Relocation
c) Environmental Evaluation of Financial Management
d) EEO/Nondiscrimination
e) Labor Standards
- 4. The :lousing Assistance Plan was explained?
- 5. Ample opportunity was allotted for citizen response?
C. After Local Public Hearino/Meetinci
- 1. Brief narrative explaining community's citizen participation process (be
sure to address itemA.5., above, if documentation is not enclosed).
. Public Hearing/meeting minutes are enclosed? (Should include listing of
all suggested projects, comments, etc).
- 3. Other comments received (mail, phone, walk-in)? (attach listing).
D. 1. Community:
2. Date of public hearing/meeting:
3. Estimated number of persons attending:
4. Checklist preparc,d by:
.664(1
ERc,cff'-nt eteen.
,Cornmg zln!tv EltnA-Izing
Frog:ram
• of E5tsp!rt County •
It is the intent of this document to furnish the informa
t
i
o
n
n
e
e
d
e
d
t
o
formulate a successful Community Development Block Gran
t
P
r
o
g
r
a
m
.
T
h
e
C
o
m
-
munity Development process is not simple, but this docum
e
n
t
i
s
i
n
t
e
n
d
e
d
t
o
help provide in understanding of the basic workings of
t
h
i
s
p
r
o
c
e
s
s
.
T
h
e
organization used in this report is a question-answer f
o
r
m
a
t
.
B
y
a
n
s
w
e
r
i
n
g
the questions, the most important aspects of the Communi
t
y
D
e
v
e
l
o
p
m
e
n
t
Program are highlighted.
WHAT IS THE PURPOSE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
P
R
O
G
R
A
M
?
The creation of this new program originated from the 19
7
4
H
o
u
s
i
n
g
a
n
d
C
o
m
m
u
n
i
t
y
Development Act. Whereas most prior Housing and Urban D
e
v
e
l
o
p
m
e
n
t
(
H
U
D
)
f
u
n
d
s
were transfered to local municipalities via categorical
g
r
a
n
t
s
(
m
o
d
e
l
c
i
t
i
e
s
,
urban renewal, open space, and water/sewer), after 1974
a
s
i
n
g
l
e
C
o
r
m
u
n
i
t
y
Development Block Grant has been transfered to particip
a
n
t
s
g
i
v
i
n
g
t
h
e
m
u
n
i
c
i
-
pality certain local discretion as to funding prioritie
s
.
Coupled with the Community Development Block Grant port
i
o
n
o
f
t
h
e
1
9
7
4
a
c
t
a
r
e
new guidelines and policies promulgated for federal assis
t
e
d
h
o
u
s
i
n
g
.
I
n
e
f
f
e
c
t
,
while all old federal housing programs are diminished,
a
t
o
t
a
l
l
y
n
e
w
h
o
u
s
i
n
g
program has been initiated.
The primary objective of the Community Development Progra
m
i
s
t
h
e
d
e
v
e
l
o
p
m
e
n
t
of viable urban communities, including decent housing, a
s
u
i
t
a
b
l
e
l
i
v
i
n
g
environment and expanding economic opportunities, princip
a
l
l
y
f
o
r
p
e
r
s
o
n
s
o
f
l
o
w
and moderate income. All other eligibility criteria (see bel
o
w
)
a
r
e
s
u
b
o
r
d
i
n
a
n
t
to this requirement that program efforts be directed toward
m
e
e
t
i
n
g
t
h
e
n
e
e
d
s
o
f
persons of low and moderate income. Consistent with this prim
a
r
y
o
b
j
e
c
t
i
v
e
,
• the Federal assistance is provided for the support of dev
e
l
o
p
m
e
n
t
a
c
t
i
v
i
t
i
e
s
which are directed toward the following:
The elimination of slums and blight, and the deteriorati
o
n
o
f
p
r
o
p
e
r
t
y
a
n
d
neighborhood facilities of importance to the welfare Of
t
h
e
c
o
m
m
u
n
i
t
y
.
The elimination of conditions which are detrimental to h
e
a
l
t
h
,
s
a
f
e
t
y
,
a
n
d
public welfare, through tode enforcement, demolition, re
h
a
b
i
l
i
t
a
t
i
o
n
assistance and related activities. .
The conservation and expansion of the nation's housing s
t
o
c
k
i
n
o
r
d
e
r
t
o
provide a decent home and a suitable living environment
f
o
r
a
l
l
p
e
r
s
o
n
s
,
but principally those of low and moderate income.
A more rational utilization of land and other natural re
s
o
u
r
c
e
s
.
The reduction of the isolation of income groups within c
o
m
m
u
n
i
t
i
e
s
a
n
d
t
h
e
promotion of an increase in the diversity of neighborho
o
d
s
t
h
r
o
u
g
h
t
h
e
deconcentration of housing opportunities for persons of
l
o
w
e
r
i
n
c
o
m
e
.
The restoration and preservation of properties of speci
a
l
v
a
l
u
e
f
o
r
historic, architectural or esthetic reasons.
• I UNDERSTAND THE CITY IS PARTICIPATING IN THE HUNEPIN COUNTY
J
O
I
N
T
P
O
W
E
R
S
AGRELMTN1. WHAT IS THE SIGNIFICANCE OF THIS AGREEMENT AND TH
E
C
O
N
C
E
P
T
O
F
AN URBAN CO=Y?
In order to provide additional cormunity development an
d
h
o
u
s
i
n
g
a
s
s
i
s
t
a
n
c
e
programs for its residonts, t.he City has entered into a j
o
i
n
t
p
o
w
e
r
s
a
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With Hennepin County and other Hennepin County municipa
l
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application for ansistance to the Department of Housing a
n
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(HUD) under the Urban County Community Development Block
G
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.
A
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county can can be defined as any county within a metropolitan area which has a
population of two hundred thousand or more (excluding the population of metro-
politan communities therein). Because of this urban county designation,
Hennepin County is "entitled" to receive Community Development Grants according
to a predetermined federal formula which distributes money according to popu-
lation, the extent of poverty, and the extent of housing overcrowding. Because
Hennepin County cannot carry out community development activities under state
enabling legislation, the county cannot accept direct grant money. Hennepin
County is only used as a funding mechanism for its constituent communities and
receives only a small portion of the total county allocation for administrative
costs.
WHAT PROGRAMS MAY RECEIVE FEDERAL COMMUNITY DEVELOPMENT FUNDING?
ELIGIBLE ACTIVITIES
1. Acquisition of real property which is:
a. Blighted, underdeveloped, or inappropriately developed.
b. Appropriate for rehabilitation or conservation activities.
c. Appropriate for preservation or restoration of historic sites,
conservation of open spaces, natural resources and scenic areas;
provision of recreational opportunities; or the guidance of urban
development.
d. To be used for the provision of eligible public works, facilities .
and improvements. •
e. Other public purposes, including the conversion of land necessary or
appropriate to the community development program.
2. Acquisition, construction, reconstruction or installation of the following
public works and facilities:
a. Neighborhood facilities
b. Senior centers
c. Historic properties
d. Utilities
e. Streets
f. Street lights
g. Water and sewer facilities
Ii. Pedestrian malls and walkways
i. Parks, playgrounds and other facilities for recreational participation.
j. Flood and drainage facilities Where assistance is unavailable under other
Federal laws cr programs.
k. Parking facilities, solid waste disposal facilities and fire protection
services and facilities in areas, or to serve areas, in which community
development activit i es are to be carried out in a comprehensive manner.
3. Code enforcmont in deteriorating areas in which enforcement, together with
public haprovc:1;ents and services to be provided, may be expected to arrest
the decline of the area.
4. Clearance, demolition, removal and rehabilitation of buildings, and improvements.
5. Project s di roe to the rCmnval of material and architectural barriers which
restrict the mobility and accessibility of elderly and handicapped persons.
6. po-.1.,ri t!: to tviviity, ff ,;• •;n n ••n•••nn •1 •••• •••n • • • •
1,o1„ tU IC Oi..111.Xl.1 ij, colocotion of those displaced by program
achvities.
3 66. '7
7. Disposition of real property acquired for.community development activities,
provided that the proceeds shall be spent only for eligible comnunity
development activities.
8. Provision of necessary or appropriate public services not otherwise
available in areas, or serving residents of areas, where community development
activities are, or will be, underway. Such services include improvement of
community public services and facilities such as those concerned with the
employment, economic development, crime prevention, child care, health, drug
abuse, education, welfare, or recreation needs of persons living in those
areas; and coordinating public and private development programs.
9. Payment of the non-Federal share required in connection with a grant-in-aid
program that is CO eligible activity undertaken as part of the comnunity develop-
ment program.
10. Payment of the cost of completing a project started under Title I of the
Housing Act of 1949.
11. Relocetion payments and assistance necessary as a result of community
development activities.
12. Activities necessary to develop a comprehensive community development plan;
and to develop a policy-planning-manaeement capacity to more rationally and
effectively determine the comeunity needs, set long-term goals and short-term
objectives, devise programs and activities to meet the goals and objectives,
; evaluate the progress of proorams in accomplishing the goals and objectives,
and carry out management, coordination and monitoring of activities necessary
for effective planning implementation.
13. Payment of reasonable administrative costs and carrying charges related to
planning and execution of coenunity development and housing activities,
including the provision of information and resources to residents of areas
in which other community development and housing activities are to be
concentrated. Such information and resources are to be pertinent to the
planning and execution of such activities.
INFLIGICLF ACTIVITIES
Any type ef activities not described above is ineligible. The following list is
illustrative and does not constitute a complete list of all ineligible activities.
1. Public facilities not specifically mentioned in the list of eligible
activities such as:
a. Facilities for the general conduct of government, such as city halls,
police stations and other buildings used predominantly for municipal
purpoees.
b. Stadiums, auditoriums, sports arenas, concert halls, cultural and art
centers amid similar facilities which are used by the general public
primarily as spectators or observers, except that cultural, art,
nmseum, libpary and similar iacilities may be undertaken as part of a
neighborhood iacilities project.
C. Schools oenerally, but excluding neiehborhood facilities or senior centers
in which classes in practical or vocational activities (such as first aid,
homemaking, crafts, etc.) may be taught.
d. 110.;pitalr., norinq homps and oth7
services offered.
-4-
2. Operating and maintenance expenses in connection with community services and
facilities are not eligible, except for the public services and interim
assistance described ineligible activities. Examples of ineligible
activities include maintenance and repairs of water and sewer and parkin
g
facilities, and the salaries of staff operating such facilities.
3. Except for the costs incurred in -carrying out community development programs,
expenses required to carry out the general responsibilities of the local
government are not eligible.
4. Partisan political activities such as expenditures for use of equipment or
premises for political purposes, sponsoring or conducting candidates meet
i
n
g
s
,
engaging in voter registration (except if it is part of a coarnunity-wide
registration drive sponsored by the local unit of government).
5. Construction of new housing.
6. Generally, no funds may be spent for direct income payments for housing o
r
f
o
r
any other purpose, such as payments for income maintenance and housing all
o
w
a
n
c
e
s
.
WHAT PROSRMS AND PROJECTS HAVE URBAN HENNEPIN COUNTY COMUNITIES FUNDED
IN PREVIOUS YEARS?
A. Housing:
1) Housing condition surveys and planning studies.
2) Housing Rehabilitation Programs.
. 3) Land acquisition for new construction (e.g., elderly facilities, sing
l
e
-
family dwellings).
4) Administration of local housing efforts.
B. Park and Open Space
1) Park site studies.
2) Parkland acquisition.
3) Park developacnt (equipment).
4) Trail/bikeway development.
5) Landscaping (Dutch Elm Disease replacement).
C. Public Works
1) Storm sewer, sanitary sewer and water improvements.
2) Street construction (repaving/patching is ineligible).
3) Traffic (signal) iplprovcments.
4) Sidewalks, handica;Ted ramps.
D. Other
1) Historic site acquisition and development.
2) Cowin-dal area study and planning.
3) Senior citizen center development.
4) Planning (ComniThensive Plan, Heosinn Element, etc., to meet state
requirements).
?)6.6°)
IS IT TRUE THAT THE CITY MUST PREPARE A THREE-YEAR COMMUNITY DEVELOPMENT
PLAN SUMMARY AS A REQUIRLMENT BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOP-
MENT FOR BLOCK WANT FUNDING?
Yes, the community development application must include a summary three-year
developent plan which identifies connunity development needs, demonstrate a
comprehensive strategy for meeting those needs, and specify both short and
long-term objectives. The program described must be eesigned to eliminate or
Prevent slums and deteriorations and/or provide improved community development
faciWies and public improvements, including the provision of supporting health,
social, and similar services where necessary and appropriate. The community
development program oust include the activities to be undertaken to meet the
stated ('evelopment needs and Gbjectives together with the estimated costs and
indicate other possible sources of funding.
WHAT IS A HOUSING ASSISTANCE PLAN?
- Along with a Community Development three-year plan and identification of proposed
funding priorities, a third necessary element of the application is the housing
assistance plan.
The housing assistance plan includes an inventory of community housing conditions
and needs and also includes both one and three-year housing assistance goals to
address these needs. These goals might take the form of new housing, rehabilita-
tion or rental assistance through federal, state or local program efforts.
WHAT IS THE RELATIONSHIP BETWEEN THE HOUSING ASSISTANCE PLAN AND THE
COMMUNITY DEVELOPENT BLOCK GRANT PROGRAM?
Each applicant for Ccmmunity Development funds must develop a local Housing
Assistance Plan which surveys and describes housing conditions, identifies
community housing needs, and sets both annual and three-year goals for subsidized
housing. The relationship between the Housing Assistance Plan and the Block
Grant Program is a direct one. It is the intent of the federal law to tie the
community's housing plan to the Community Development grant so that communities
will give priorities to housing-related uses. The three elements of the Housing
Assistance Plan are designed to provide a community with a quality housing
planning document which inventories and analyzes housing conditions, identifies
housing needs and sets short-term and long-range subsidized housing goals.
HOW DOES THE ACT PROVIDE FOR CITIZEN PARTICIPATION?
Prior to subtitting its application the city is required to:
(a) Provide citizens with%adenuate information concerning the amount of funds
available for proposud coaunity development and housing activities, the
range of activities that may be undertaken, and other important program
requirements.
(b) Hold at least two public hearings to obtain the views of citizens on
comaunity development and housing needs, and
(c) Provide citizens an adequate opportunity to participate in the development
of the application and in the development of any revisions, changes or amend
meets.
3 6 70
In veil, to more appropriate cill:en participation in the applICatien process
teo tcro,reI activities shoald be initiates! prior to the outing of any decision
related tIl Vie of the connunity's share uf the oluch Grant funds.
TOP lol b., II are manes:eel riethods which Could be einployed tp comply with the
citiron p.rticipation requircaents:
1. haws releases
2. ( t y-wide r” II In,;
3. Ile II to cosi nal ty irterest eroups
4. I staid isPeient 1,1 Citiren Advisory Codnittees
S. II' cainity newt. letter
G. bistiiibation of public hearing anqatincerients
REQUIPInili POST THE CITY IdEfT lit ORDER TO CClIPLY 111111 THE ACT?
lbo 11iyer rust certify in i.riting that (ho Clip trill coniply with a nimber
tb fedi.ral oveiument ateou-ances. (!tieitiopin County slat i wi II provide adillnistra-
tive red poi, assistance la cO -auflItI ,h tu I rot inns, responsibilities). The
city not certify that it will eco:ply with the
1. The pet-grail will ti.e conducted and edninistored in eonfOrIninCe with the
Civil Rights Act of 1904 and 1511.
2. Prier to soloolssion of its aidilication, the city hal adequately providcd
for citizen participation in too covoloptient of the application.
(Are question, abovO)•
3. Ito applicant will provide fair relocation carnents and aSsiStance to PurtieS
displaced as a result cf any Co,..itity Doveloprient fie:Sod JCiltalSitod of
real property and root all oiler retaiireients of tiie toifcrn PelocatiOn
Assistapce and Real Property Acquisition Palicits Act of 1970.
4. The applicant will assiir.e legal no for cnvirce.-ental
reviews and co .ply with prouisiens of I eiinral teecutives Coder relating
to flood hazards, flood prevontioi., and water pollution tOntr01,
5. The applicant will acte.inister and enforce the labor standards requfreatonts
as set forth in the Act.
6. lIp Cemianity Prcnrcei ...HI sive risuirgri feasible priority
to cctivities 0,icri will teeetit lea or r,d,rate faciiliCS of aid
in the prevention or eliininatipn of sly, or blight.
Time responsibilities rip considorable Stiff thee ad
eeter.se and ti,o Program eudqiiit should Al;o, nut' f icient fondle] to cover these
capcif.Ses.
wort: COT 111E 0tlilICAT131: Ed I.1000tlllCll 10 HENNEPIN COiddiTY 000 WHEN 1:111 TIIE
101010 RE ASNRILAELL?
Iicnnepin ftr.ilty ho5 estaliliehad Janeary 10, 1377 as the deidlino for applications,
ceeir 11.1111 Ito Ctienty.viiiin application is oredarrd 0,1 st,,iittal to the
Przioiolit Criu,,I1 ip4 in the tlepiet -int of 11,510) 400 Lor.th tevolcieeent. Terse
eynries oIl riviet, the g"...-.,n nt Arri cshltrAtisn aed releaso of furr1109
is hxpectod in early July on 1977. Ili ejects reqairirg er.vir0w ,.entAl dV0051,CritS
r.rSt tro tiltAsit An Athrtit 0131 revise itrrr0ss et aprrnsiirately soven wreks
I• late 'oh .se 01 11,0,, hot cAll run 00ocurrently with the overall
; pl icat 10. rev it, perird.
1:11 ,11 11 7e11 0 1001 A 01100 (1001:1110 bElt 1010111 rRI ,ANI?
110 0110 dj.:‘,Nich will work well in all tonenuiit lop, tali it should include:
1) An attogpt 10 th nlily at. 1 1.01,s1A01 rijsr 0Cods and priOritieS i
particular I y th,se at t in] (0.1 end trritrAtO tort , ,e persons.
2) Ittitiowni sit124 n 10 all stageS of the dectsteipiriting process.
3) 1.. enderstaintio.) of iri.gram copilot Itint and rosPonNibilltles.
Ti A careful anilasts of ill 'roll, I. •n to th-terisin0 1..ru ['riser., funding can
1,1 Pe i t iress 11..1110 y ILI, within the COntest 01 the
(0, smity Itrve10, IT0.110 1
1.:‘ .r,ni 1y will it ,eive .0, 10 fund all neeilod activities, a
r tp,I 11.,, 1.111., Ira.1", in to id n . Oily oh: on ,''.t In.0'0rtalit
w 1 I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1232 A
A RESOLUTION DESIGNATING THE OFFICIAL MEETING
DATE, TIME AND PLACE FOR THE CITY OF EDEN
PRAIRIE COUNCIL MEMBERS IN 1977.
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
Minnesota, that they meet on the first, second an fourth Tuesdays
of each month at 7:30 PM to be adjourned by 11:00 PM unless waived
by unanimous vote of members present 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
4th day of January, 1977.
Wolfgang H. Penzel, Mayor
SEAL
ATTEST:
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1232 B
BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie
that;
The Council meetings shall be convened at (time)
at (address) on the following days
of each month.
The meetings shall adjourn at (time) unless all
of the members in attendance vote to extend the time of adjournment
to some other time.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1233
A RESOLUTION DESIGNATING THE EDEN PRAIRIE
COMMUNITY NEWS AS THE OFFICIAL NEWSPAPER
BE IT RESOLVED, by the City Council of the City of Eden Prairie,
Minnesota, that the Eden Prairie Community News be designated as
the official City newspaper for the year 1977.
ADOPTED by the City Council of the City of Eden Prairie this 4th
day of January, 1977.
Wolfgang H. Penzel, Mayor
SEAL
ATTEST:
John D. Franc, Clerk
SUN NEU SPAPITS
ntflt WItl SIVEN1r tiG/114 511M7
MINA, ytmr,, 5543$ • Vet 41100 T,76
December 15, 1976
City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Mn. 55343
Gentlemen;
Your designation of the Hopki
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newspaper for the year 1977 will be most appreciated.
The rate for legal publicatio
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s
a
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t
b
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2
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5
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per line for the first insert
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insertion. Tubular matter, i.
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descriptions, etc. is 6.90 pe
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We will provide, at no additi
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on each of your publications
.
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,
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request, will be furnished at
250 each.
All publications should reach
t
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f
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b
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4 p.m. Monday pre-
ceding your Wednesday publica
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In order to expedite our services to you,
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direct your publications to t
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Department, 6601 West 78th Street, Edina, Minnes
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55435.
Thank you for your considerat
i
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,
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for designation of the Hopkin
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newspaper for the ensuing yea
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.
Very truly yours,
SUN NEWSPAPERS, INC.
James R. Ritchay
Executive Vice President
JHR:cm
Thank you for your consideration in this matter.
ill McGarry
Publisher
Eden Prairie NEW
15716 WEST 78TH STREET • EDEN PRAIRIE, MN 55343 • PHONE 941-7344
December 27, 1976
City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Attn: Joyce Provo
Dear Council Members:
I am writing to ask your consideration for reappointing the Eden
Prairie NEWS as your official newspaper for the year 1977.
Our rates, as set by the State Printer are: 23.2 cents per line
for the first insertion, 15.4 cents for each subsequent insertion
and an additional 7.8 cents for tabular matter, first insertion only.
Although we have a Friday deadline for publication of notices etc.
to be included in the next week's issue, on occasion we have bent that
rule so that short legal notices that reach us as late as-Tuesday
morning are included in the Thursday issue.
At no additional charge we provide notarized affidavits of publication
for notices that require such.
BMcG:rc
(„7 6,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1234
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,such authority including authority on behalf of or in the
name of the City from time to time, to sign checks against said
account, which checks will be signed by the Mayor, Manager and City
Treasurer. Banks are 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 deposited
to 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.
ADOPTED on the 4th day of January, 1977.
Wolfgang H. Penzel, Mayor
SEAL
ATTEST:
John D. Frane, Clerk
'-;(1 ,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1235
A RESOLUTION DESIGNATING DEPOSITORY
BE IT RESOLVED, that the Suburban National Bank, Eden Prairie,
Minnesota, authorized to do banking business in Minnesota, be and
hereby is designated as The Official Depository for the Demand Deposits
of the City of Eden Prairie, County of Hennepin, Minnesota, for a period
of one year from this date.
ADOPTED by the City Council on this 4th day of January, 1977.
Wolfgang H. Penzel, Mayor
SEAL
ATTEST:
John D. Prane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1236
A RESOLUTION AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
BE IT RESOLVED that the use of facsimile signature
s
b
y
t
h
e
following named persons:
Wolfgang Fenzel, Mayor
Roger K. Ulstad, Manager
John D. Frane, Treasurer
on checks,drafts, warrant-checks, warrants, vouchers
o
r
o
t
h
e
r
o
r
d
e
r
s
on public funds deposited be and hereby is approved,
a
n
d
t
h
a
t
e
a
c
h
o
f
said named persons may authorize depository banks to
h
o
n
o
r
a
n
y
s
u
c
h
instrument bearing his facsimile signature in such f
o
r
m
a
s
h
e
m
a
y
designate and to charge the same to the account in
t
h
e
d
e
p
o
s
i
t
o
r
y
b
a
n
k
upon which drawn, as fully as though it bore his ma
n
u
a
l
l
y
w
r
i
t
t
e
n
signature, and that instruments so honored shall be
w
h
o
l
l
y
o
p
e
r
a
t
i
v
e
and binding in favor of the depository bank althoug
h
s
u
c
h
f
a
c
s
i
m
i
l
e
signature shall have been affixed without his autho
r
i
t
y
.
ADOPTED by the City council on this 4th day of Jan
u
a
r
y
,
1
9
7
7
.
Wolfgang H. Fenzel, Mayor
SEAL
ATTEST:
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1237
A RESOLUTION AUTHORIZING THE TREASURER TO
INVEST CITY OF EDEN PRAIRIE FUNDS
HE IT RESOLVED, by the City Council of the City of Eden Prairie,
County of Hennepin, that the Treasurer is authorized to invest City
of Eden Prairie funds in any security authorized by law. The City
Treasurer shall secure and maintain adequate security for funds
deposited.
ADOPTED by the City Council on this 4th day of January, 1977.
Wolfgang H. Penzel, Mayor
SEAL
ATTEST:
John D. Frane, Clerk
w
whp/jh 12/30/76
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1243
A RESOLUTION RELATING TO THE COMPOSITION; APPOINTMENT
OF MEMBERS AND TERMS OF OFFICE OF MEMBERS OF CITY
ADVISORY COMMISSIONS AND BOARDS
WHEREAS, the City of Eden Prairie has by ordinances created various
advisory commissions and boards; and
WHEREAS, said advisory boards and commissions provide an indispensible
service to the community; and
WHEREAS, it is the desire of the City Council to improve their
effectiveness; and
WHEREAS, it is believed that by changing the composition, method of
appointment, term of office and certain duties of the members of said com-
missions and boards such bodies will be more effective in the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Eden Prairie that the City Attorney be directed to make such changes as
may be necessary in the ordinances of the City creating the Zoning and
Planning Commission, Park and Recreation Commission, Human Rights Commission
,
Board of Adjustment and Appeals and Building Board of Appeals to accomplish
the following objectives:
1. That all commissions or boards shall be comprised of not
mote than seven members.
2. That the terms of members shall be staggered over a
period of three years and the terms shall commence on
March 1 of each year
3. That all boards and commissions shall:
(11) Meet within the second or fourth weeks of each
i.;
(b) Designate from its members such officers as it deems
necessary or the ordinance creating it requires; and
(c) Keep minutes of its proceedings and make reports of i
t
s
action to the City Council in writing. The chairman
or designated member shall at the request of the City
Council report in person on matters as may be request
e
d
from time to time.
4. That all members to all commissions and boards shall
b
e
appointed by the City Council.
5. That no one who holds another elective office shall b
e
appointed to serve on a commission or board (i.e. a
council member or school board member would not qualif
y
)
.
6. That the City Manager shall designate at least one Ci
t
y
staff member to work with said commissions or boards.
ADOPTED BY The City of Eden Prairie this
day of
19 •
Wolfgang Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
Jan. 4, 1977
CITY Or EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.1238
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVER-
TISEMENT FOR BIDS (I.C. 51-283)
WHEREAS, the City Engineer, through Harry S. Johnson Co., Con-
sulting Engineers, has prepared plans and specifications for the following
improvement, to wit,
I.C. 51-283, Sanitary sewer and water service con-
struction for the New Testament Church and the
Stewart Highlands project.
and has presented such plans and specifications to the Council for approval:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is attached
hereto and made a part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
and under such approved plans and specifications. The adver-
tisement shall be published for 3 weeks, shall specify
the work to be done, shall state that bids will be opened
at 10:00 o'clock A.M. on Monday, Jan. 24, 1977, and con-
sidered by the Council at 7:30 o'clock P.M. on Tuesday,
Jan. 25, 1977, in the Council Chambers of the City Hall,
and that no bids will be considered unless sealed and
filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to
the City for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on
Wolfgang, H. Penzel, Mayor
ATTEST: SEAL
John D. Franc, Clerk
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: December 29, 1976 .
SUBJECT: I.C. 51-283
New Testament Church/Stewart Highlands
Sewer and Water Service
We are requesting the City Council approve plans and specifications
a
n
d
order advertisement for bids for a sanitary sewer line which will s
e
r
v
e
the New Testament Church and Stewart Highlands projects. Also incl
u
d
e
d
is an 8" water service for the New Testament Church property.
Originally, the proposed sewer line was intended to serve only the N
e
w
Testament Church. However, as development plans proceeded with the
S
t
e
w
-
are Highlands project adjacent to the church property, it lecame ev
i
d
e
n
t
that both properties could be served by a common sewer line rather
t
h
a
n
two separate lines to the lift station north of Valley View Road.
I
n
a
letter dated December 2, 1976 (copy attached), Stewart Properties
a
n
d
t
h
e
New Testament Church have agreed on a cost sharing formula for the
i
m
p
r
o
v
e
-
ments and have waived their public hearing rights. The water servi
c
e
will be assessed totally to the New Testament Church, as previously
a
u
t
h
-
orized by the City Council.
The estimated cost of the project is $24,500. The assessment peri
o
d
w
i
l
l
be 10 years at 8% interest. The proposed improvements are feasibl
e
a
n
d
will benefit the properties to be assessed.
CJJ:kh
Attachment
a(zep
SUITE 2()/i • STEWART BUILDING
6925 NICOLLET AVENUE • MINNEAPOLIS. MINNESOTA 55423 • 612/866-3604
OWNERS:
WILLIAM V. STEWART
BECKY ANN . STEWART
December 2, 1976
Mr. Carl Julie, City Engineer
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Carl:
MANACF.11:
ZYG PHILLIP
re: Sewer Project for
New Testament Church and
Proposed Stewart Highlands
This letter confirms our understanding with you for the City of Eden
Prairie concerning installation of the sewer system for New Testament
Church and our proposed project for Top View Acres, 1st Addition.
Since New Testament Church and our proposed Stewart Highlands project
will share use of the deep 8-inch line from the existing lift station
to manhole cover #1 south of county road 60, the Church and our company,
Stewart Properties, have agreed that we (Stewart Properties) will pay
805 of the construction costs of this deep 8-inch line and New Testament
Church will pay 20%, all to be paid for by the city and assessed back
to each of our two properties on the above 60-20 basis.
G & L Construction has quoted $7,553.50 for the deep 8-inch line.
Brown and Cris quoted $9,693.60 for the deep 8-inch line.
There may be some variations from these quotations because of precise
specifications and qualifications.
In addition, the Church and Stewart Properties agree to share the cost
of the following items on the same 80-20 basi.J:
$454.00 to the Harry S. Johnson Companies for the preparation of drawings
and the solicitation, computation and preparation of comparative figures
to determine if it would be more economical for the Church to go directly
from the south end of the 8-inch line to the Church or to share the
proposed thru Stewart Highlands and then. into the Church.
$760.00 to Harry S. Johnson Companies for preparation of final plans,
specifications, field work.... such as staking, inspection and approval
of the installation during construction and after completion.
All of the above costs and others incidental to the deep 8-inch line
im..tallation to be shared by the Church and Stewart Properties will be
assessed on the 80-20 basis described above.
For the balance of the line running from manhole cover #1 to New
Testament Church --- G.& L Construction quoted $4,764.50. Brown and
Cris quoted $4,726.00.
Founders and Owner / Operators, for 25 years. of WPBC AM/FM Stereo Adult Radio
All of the above is also agreed
to by New Testament Church as
attested to by the undersigned
authorized signator:
rx urc.1.1/
9 /raircti cc: R. Stoner, Willis Christianson, H. S. John
son, D. Goriesky, B. Beide
,- •
Thank-vell-ad,and -est personal regards,
/
Becky A Stewart
Partners - Stewart Properties
-d)
There may be some variations in these quotations
,
a
l
s
o
,
b
a
s
e
d
o
n
more precise specifications and qualifications in
t
h
e
f
i
n
a
l
p
l
a
n
s
.
All coats for the installation from manhole cove
r
#
1
t
o
t
h
e
C
h
u
r
c
h
would be borne solely by the Church which would a
l
s
o
b
e
a
r
t
h
e
c
o
s
t
s
of the Harry S. Johnson Companies final plans, sp
e
c
i
f
i
c
a
t
i
o
n
s
,
f
i
e
l
d
work....such as staking, inspection and approval
d
u
r
i
n
g
a
n
d
a
f
t
e
r
installation. That figure, as quoted by Harry S.
J
o
h
n
s
o
n
C
o
m
p
a
n
i
e
s
,
would be $1,067.00 to be assessed 100% to the Chu
r
c
h
b
y
t
h
e
C
i
t
y
.
We understand that you are agreeable to employi
n
g
H
a
r
r
y
S
.
J
o
h
n
s
o
n
Companies for engineering work to complete final
d
e
s
i
g
n
a
n
d
d
o
t
h
e
field work as described above for the large 8-i
n
c
h
l
i
n
e
a
n
d
f
o
r
t
h
e
line running from manhole cover #1 to the Churc
h
.
H
a
r
r
y
S
.
J
o
h
n
s
o
n
Companies is to furnish to you for the city, to
t
h
e
C
h
u
r
c
h
,
a
n
d
t
o
Stewart Properties the costs of such services,
i
n
w
r
i
t
i
n
g
.
T
h
e
n
the Church and Stewart Properties have agreed to
h
a
v
e
t
h
e
m
a
s
s
e
s
s
e
d
back to each of our properties as outlined above
.
In the latest drawing by Doug Goriesky of Harry
S
.
J
o
h
n
s
o
n
C
o
m
p
a
n
i
e
s
,
'
he has located manhole cover #1 on New Testament
C
h
u
r
c
h
p
r
o
p
e
r
t
y
near the northwest corner of their land in order
t
o
a
v
o
i
d
c
o
m
i
n
g
dangerously close to the water main. This would
r
e
q
u
i
r
e
a
n
e
a
s
e
m
e
n
t
from New Testament Church so that Stewart Proper
t
i
e
s
c
o
u
l
d
t
i
e
i
n
t
o
this 8-inch line at this point and Mr. Stoner of
t
h
e
C
h
u
r
c
h
h
a
s
a
g
r
e
e
d
to the granting of the easement for that purpose
.
We assume that you will execute, in behalf of th
e
C
i
t
y
,
t
h
e
n
e
c
e
s
s
a
r
y
documents for authorization of the Harry S. Johnson Companies to proceed with the field work described above and that you
w
i
l
l
s
e
l
e
c
t
a
n
d
authorize a contractor to begin the installation
o
f
t
h
e
a
b
o
v
e
d
e
s
c
r
i
b
e
d
utilities.
We also ask that this letter be accepted as a p
e
t
i
t
i
o
n
f
o
r
w
a
i
v
e
r
o
f
public hearing concerning the installation of t
h
e
a
b
o
v
e
d
e
s
c
r
i
b
e
d
utilities.
MEMO
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jane, City Engineer
DATE: December 29, 1976
SUBJECT: Chanhassen Connection to the Eden Prairie Duck Lake
Trunk Sewer - I.C. 51-269
As the Council is aware, the Metropolitan Waste Control Commission has
denied the joint request by Chanhassen and Eden Prairie to designate the
E.P.-1 Duck Lake Sewer as an interceptor line. Recently, the MWCC staff
has proposed that an equitable method to allocate a fair share of the
cost of the E.P.-1 Duck Lake sewer to the City of Chanhassen is to spread
the cost on an equal,per-developeble acre basis to each community, after
deducting "lateral" benefits accruing to Eden Prairie.
We have reviewed our asbuilt plans of the 18" and 12" sewer lines involved
and have estimated that 2,870 feet of the total 7,679 feet of trunk sewer
involved actually have "lateral" benefits. The remaining lengths of pipe
are in the Purgatory Creek Eloodplain or low swampy areas or will not be
utilized as laterals because of excessive depth or because of actual lot
and street alignments. Our breakdown is as follows:
Total construction cost: $314,000
(including interest costs thru 1975)
Less lateral benefits to
Eden Prairie:
2,250 ft. @ $20* =
*Lateral costs:
—45,000
$269,000
8" pipe (10-12'deep)
Manholes
RestoZation
+258
$12.00
2.00
2.00
16.00
4.00
$20.00/ft
No service stubs were installed .
`1
-2-
250 net developable acres in Chanhassen 0.213
1,175 "
" total service area
0.213 x $269,000 $57,297
3,438 + 6% interest for 1976
$60,735
Say $61,000
Mr. Russ Larson, the Chanhassen City Attorney, has requested to again
appear before the Council and discuss this matter at our January 4, 1977,
Council meeting.
CJJ:kh
cc: Mr. Russ Larson
"3(,71
Jan. 4, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1239
MINNESOTA DEPARTMENT OF TRANSPORTATION
FEDERAL AID FORM NO. 111
Mn/DOT 30774 (Revised 11/76)
BE IT RESOLVED that pursuant to Section 161.36, Subdivision 1
through 6, Minnesota Statutes, , the Commissioner
of Transportation to be appointed as agent of the City of Eden Prairie to
let as its agent, contracts for the construction of portions of Municipal
Streets, for the year 1977, and the Mayor and the Clerk are hereby auth-
orized and directed for and on behalf of the City Council to execute and
enter into a contract with the Commissioner of Transportation prescribing
the terms and conditions of such contracts in the form as set forth and
contained in "Minnesota Department of Transportation Agency Contract From
No. 30744" a copy of which said form was before the Council, assuming on
behalf of the City all of the contractural obligations therein contained.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Fenzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
Mn/DOT 30774(Revlsed 11/76)
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGENCY CONTRACT
This Agreement made and entered into by and between the City of
. -
EDEN PRAIRIE hereinafter referred to as the "City" and
the Commissioner of Transportation of the State of Minnesota hereinafter
referred to as the "Commissioner", WITNESSETH:
WHEREAS, pursuant to M.S. 161.36 the City of EDEN PRAIRIE
desires the Commissioner to act as Its agent for the purposes of that statute
In accepting federal aid on the cities behalf, for road and bridge
construction and In contracting for the construction, Improvement or
maintenance of roads or bridges financed either In whole or part with
federal moneys: and
WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and
condition of the agency be set forth In an agreement:
NOW, THEN, IT IS AGREED:
- 1 -
That pursuant to M.S. 161.36, the City does hereby appoint the
Commissioner its agent with respect to all federally funded projects to be
let during the 1977 calendar year, to accept and receive all Federal
funds made available for'said projects and to let contracts pursuant to law
for the construction and improvement of City streets.
Each project to ho covered by this agreement shall be programmed
by the submission to the Commissioner of a programming form together with a
certified copy of the resolution of the City Council requesting the •
Commissioner to obtain federal approval for the project(s).
Page No. 1
Each contract will be in accordance with plans and special
provisions for said projects on file In the Department of Transportation,
State Transportation Building, St. Paul, Minnesota 55155, and Minnesota
Department of Highways, Standard Specifications for Highway Construction
dated
JAN. 1, 1972
plans, special provisions and specifications are made a part of this agreement
by reference as though fully set forth herein.
In the letting of said contract, It is hereby agreed that the
following procedure shall be followed, to-wit:
(a) The Commissioner of Transportation shall cause the advertise-
ments calling for bids on said work to be published in the Construction
Bulletin. He shall also cause advertisements for bids to be published In
the officially designated newspaper of the City, which said local newspaper
Is hereby designated by the City to be the Eden Prairie Community News
published at
1
rApn Prmi'rip . Said advertisement or call for
bids shall specify that sealed proposals or bids will be received by the City
Clerk of EDEN PRAIRIE on behalf of the Commissioner of
Transportation as agent of said City. Proposals, plans and specifications
shall be available for the inspection of prospective bidders at the office
of the Department of Transportation, St. Paul, Minnesota 55155, and at the
office of said City Clerk and the advertisement shall so state. The bids
received In response to said advertisements for bids shall be opened for
and on behalf of the Comissioner of Transportation by a District Engineer of
the Department of Transportation or such other engineer of the Department of
Transportation as may be from time to time selected by the Commissioner.
After said bids shall have been opened, the City Council of the City of
EDEN PRAIRIE shall first consider the same and thereupon
Page No. 2
and all amendments thereof, which said
30
transmit to the Commissioner of Transportation all bids r
e
c
e
i
v
e
d
t
o
g
e
t
h
e
r
with Its recommendation that the lowest bid submitted by
a
r
e
s
p
o
n
s
i
b
l
e
b
i
d
d
e
r
be accepted or that all bids be rejected. Upon receipt
o
f
a
l
l
s
a
i
d
b
i
d
s
,
t
h
e
CommIsslonor of Transportation shall duly cause all of s
a
i
d
b
i
d
s
t
o
b
e
t
a
b
u
l
a
t
e
d
in accordance with law and shall thereupon determine who
I
s
t
h
e
l
o
w
e
s
t
responsible bidder or shall reject all bids.
(b) The Commissioner shall supervise and have charge of the
construction of said projects after the same has been let. The City agrees
to furnish its City Engineer or such other competent regi
s
t
e
r
e
d
e
n
g
i
n
e
e
r
a
n
d
assign him to the active supervision and direction of the
w
o
r
k
t
o
b
e
performed under any contract let for the aforesaid proje
c
t
s
.
S
o
l
d
e
n
g
i
n
e
e
r
so assigned shall act under the supervision and direction
o
f
t
h
e
C
o
m
m
i
s
s
i
o
n
e
r
of Transportation. The City further agrees to furnish suc
h
o
t
h
e
r
m
e
n
,
s
e
r
v
i
c
e
s
,
supplies and equipment as shall be necessary In order to
p
r
o
p
e
r
l
y
s
u
p
e
r
v
i
s
e
and carry on said work.
(c) The Commissioner may make such changes In the plans or t
h
e
character of the work as shall be recommended by the eng
i
n
e
e
r
i
n
c
h
a
r
g
e
o
f
the work. If he concurs In such recommendations, the Commissioner may enter
Into for and on behalf of the City supplemental agreemen
t
s
w
i
t
h
t
h
e
contractor for the performance of any extra work or wor
k
o
c
c
a
s
i
o
n
e
d
b
y
a
n
y
necessary, advantageous, or desirable change in plans or c
o
n
s
t
r
u
c
t
i
o
n
.
It is contemplated by the City that the Commissioner of Tr
a
n
s
p
o
r
t
a
t
i
o
n
cannot personally Investigate and pass judgment on the va
r
i
o
u
s
i
t
e
m
s
o
f
extra work and plan changes necessary and desirable during
t
h
e
c
o
n
s
t
r
u
c
t
i
-
o
n
of the projects but that he must delegate such duties to
e
n
g
i
n
e
e
r
s
u
n
d
e
r
h
i
s
supervision and control that are employed by the Departme
n
t
o
f
T
r
a
n
s
p
o
r
t
a
t
i
o
n
.
Pogo No. 3
The City does hereby authorize these engineers, so delegated by the
Commissioner of Transportation, acting under the general supervision of the
Commissioner of Transportation to enter into for and on behalf of the City
the supplemental agreements specified In the preceding paragraph hereof.
(d) The City hereby authorizes its City Engineer for and on
behalf of the City to, from time to time, during the progress of the work
on said projects, request the Commissioner of Transportation to furnish for
use on said projects specific engineering services to be performed by skilled
employees of the Department of Transportation. The Commissioner may but is
not obligated to furnish the services so requested. If the Commissioner of
Transportation in compliance with such request shall furnish for the use of
the City on said projects the services of any Minnesota Department of
Transportation . employee, then and In that event, the City agrees to reimburse
the Trunk Highway Fund for the full cost and expense of the furnishing of such
services including all costs and expenses of any kind or nature whatsoever
arising out of, connected with, or Incidental to the furnishing of such
services.
(e) The Commissioner shall receive the funds to be paid by the
City and the funds to be paid by the United States as Federal Aid funds, for
said projects and to pay therefrom when due any and all sums that may become
due the contractor to whom the contract Is awarded, and upon final completion
and acceptance of the work, to pay from said funds the final estimate to said
contractor for said work.
(f) The Commissioner shall perform on behalf of the City all -
other acts and things necessary to cause said projects to be completed in a
satisfactory manner.
Page No. 4
(g) The Commissioner may enter into any agreement for and on
behalf of the City with the United States or any officer or agent thereof
that may be required or necessary for the purpose of procuring and actually
causing to be paid the Federal Aid Funds available for said projects and to
that end to bind and commit the City in such agreement to the performance of
any and all things required by any law of the United States or of any rule
and regulation Issued by competent federal authority pertaining thereto
necessary for the purpose of procuring and having paid the Federal-Aid
available for said projects.
(h) The Commissioner may perform on behalf of the City an other
and furhter acts as may be necessary or required under any law of the United
States or of any rule or regulation issued by proper federal authority In
order to cause said projects to be completed and to obtain and receive the
Federal-Aid made available therefor.
- 2 -
The City agrees that it will from time to time, after the execution
of these presents to make such reports, keep such records and perform such
work in such manner and time as the Commissioner of Transportation shall from
time to time request and direct so as to enable the Commissioner as Its agent
to collect for it the Federal-Aid sought. Said records and reports shall be
retained by the city in accordance with the Commissioner of Transportation
record retention schedule for Federal Aid projects.
- 3 -
It Is contemplated that the Federal Government will pay to the
Commissionor of Transportation as the agent of the City the Federal-Aid funds
available to said City toward the construction of said projects. It Is
Page 14o. .5.-
:3(00,11
further contemplated that the contracts to be let by the Commissioner as
the agent of the City for the construction of said projects shall provide
that the contractor, as the work progresses, shall, from time to time, be
paid partial payments designated In said contract as partial estimates and
on the completion and acceptance of said work to be paid a final payment
designated In said contract as a final estimate for all work performed.
The City agrees to deposit with the Commissioner of Transportation
a sum equal to ninety (90) percent of the City share of each contract
obligation, to be used in paying the City share of the partial estimates
and for advancing the federal share of such estimate payments. Upon
determination of the final costs on each contract, the City will be requested
to deposit the remaining share of their obligation pursuant to the terms
of the contracts let for and on behalf of the City for the construction
of said contracts. At regular monthly Intervals after the contractors
shall have started work under the contracts let by the Commissioner as agent
for the City for the construction of said projects, the engineer duly
assigned to and in charge of said work shall prepare a partial estimate in
accordance with the terms of said contracts let for said projects and the
procedures established by the Office of Construction. The said engineer
In charge of said work shall Immediately after preparing each partial
estimate, transmit the same to the Commissioner in quIntuplIcate. Each
such partial estimate, shall be duly certified by the engineer In charge
and by the contractor performing such work. The said engineer duly
assigned to and In charge of said work shall also prepare and submit to
the Office of Construction the final estInolo dote, together with the
required project ecords In accordance with the terms of said contracts .
let for said projects. Quantities listed on said partial and final estimates
Page No. 6
L.r
J',2 I
shall be documented In accordance with the guidelines set forth In the
applicable documentation manual. In addition to said foregoing partial
estimate payments the City agrees to pay to the Commissioner that amount
which will be sufficient together with the Federal funds actually allowed
and received to pay the final estimate after the same has been prepared and
submitted to the Commissioner, approved by the District Engineer or his
assistant. The foregoing provisions as to the time and amounts of .particular
payments shall In no way limit or qualify the City's obligation to pay all
of the cost of said projects not paid by way of federal funds.
- 4 -
When the contractor shalt have completed the work on said projects,
the City agrees to inspect the same and forthwith upon the completion of said
Inspection advise the Commissioner of Transportation whether or not the work
performed should be, by the Commissioner of Transportation as its agent,
accepted as being performed in a satisfactory manner. In the event the
City should, after said Inspection, recommend to the Commissioner of
Transportation that he should not accept said work, then the City shall at
the time such recommendation is made specify in particularity the defects
In said work and the reasons why the work should not be accepted. It is
further agreed that any recommendations made by the City are not binding on
the Commissioner of Transportation but that he shall have the right to
determine whether or not the work has been acceptably performed and to
accept or reject the work performed under any said contract.
- 5 -
It Is further agreed that the decision of the Commissioner of
Transportation on the several matters herein set forth shall be final,
binding and conclusive on the parties hereto.
Page No. 7
- 6 -
It Is oantempiated that the entire cost of said projects Is to be
paid from funds made available by the United States, by way of Feder
a
l
-
A
i
d
,
and by the City. If for any reason the United States falls to pay
a
n
y
p
a
r
t
of the cost or expense of said projects, then and in that event the
C
i
t
y
agrees to pay the same. The City further agrees to pay any and all
c
l
a
i
m
s
or demands of any kind or nature whatsoever arising out of or inci
d
e
n
t
a
l
t
o
the performance of the work under any contract let for said projects In the
event that the Federal Government does not pay the same, and In all ev
e
n
t
s
,
agrees to save the State of Minnesota and the Commissioner harmless a
n
d
t
o
pay any and all expenses and costs connected with said projects or th
e
construction thereof which the Federal Government does not pay.
- 7 -
The City further agrees that
I) Where there Is Federal-aid In right-of-way -- The City will
meet the requirements contained In the Federal Aid Highway Program M
a
n
u
a
l
Volume 7. Note: It there is Federal-aid just In relocation, the co
n
t
r
a
c
t
discussed In Chapter 5, Section I, Paragraph IOC, must be executed.
2) Where there is Federal-aid in construction only -- The City
will meet the requirements of the Uniform Relocation Assistance and
R
e
a
l
Property Acquisitions Policy Act of 1970 together with FHWA regula
t
i
o
n
s
Implementing Title II of the Act on relocation (FHPM Volume 7, Chapter
5
)
;
and Federal Aid Highway Program Manual Volume 7, Chapter I, Sectio
n
4,
Paragraph 5A pertaining to civil rights.
- -
The Commissioner accepts this said appointment as agent of the
City and ngloes to 8,1 -.In nccoodance herewith.
Page No. 8
9J(o91
DATE CITY OF
RECOMMENDED FOR APPROVAL
Attest:
BY
Mayor
State Aid Engineer Date City Clerk
APPROVED AS TO FORM AND EXECUTION: STATE OF MINNESOTA
BY
Commissioner of Transportation
DATE
DATE
(Submit In Duplicate) (SEAL)
Page No. 9
Jan. 4, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1240
ANNUAL TECHNICAL AND ENGIN-
EERING ASSISTANCE AGREEMENT
WITH MINNESOTA D.O.T
BE IT RESOLVED, that pursuant to statutory authority, the
Municipal Engineer for and on behalf of the Municipality of Eden Prairie
is hereby authorized to request and obtain from the Minnesota Department
of Transportation, needed engineering and technical services during the
year of 1977, for which payment will be made by the Municipality upon
receipt of verified claims from the Commissioner of Transportation.
ADOPTED by the Eden Prairie city Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
VAINSWIMVII
Mn/DOT . 30780 (11/76)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT
THIS AGREEMENT, made and entered Into by and between the State
of Minnesota acting through Its Commissioner of Transportation, hereinafter
referred to as the "State", and the County or City of 'EDEN PRAIRIE
hereinafter referred to as the "User", WITNESSETH:
- WHEREAS, the User, as evidenced by Resolution, a copy of which Is
attached hereto and made a part hereof as Exhibit A, does hereby request
the State to furnish from time to time as needed and specifically requested,
technical and engineering assistance pursuant to M.S. 161.39; and
WHEREAS, The State Is authorized to provide technical and engineering.
assistance to other road authorities by M.S. 161.39, and Is willing to do so;
NOW, THEREFORE, it Is mutually agreed by the parties hereto that:
I. The State shall, upon written request by the User, provide
technical and engineering assistance and such other services as authorized
by M.S. 161.39.
2. The State shall keep a record of its costs and expenses,
Including overhead costs, in providing assistance and services to the User
pursuant to Paragraph 1 above, and shall prepare an itemized statement thereof
showing the amount due hereunder and submit the same to the User on a (monthly)
(annual) basis.
3. The User agrees to pay to the Trunk Highway Fund of the State
of Minnesota all monies due hol000der and as shown by the invoices or statements
ruomitted to the User, within 30 days after such submission.
Page No. 1
IN WITNESS WHEREOr t .the State and the User have caused these
presents to be executed by their respective officers.
COUNTY - CITY OF STATE OF MINNESOTA
By
By
(Chairman or President) Commissioner of Transportation
(Auditor or City Clerk)
Date
(Corporate Seal)
By
(State Aid Engineer)
Date
Approved as to form and execution:
By
(Assistant Attorney General)
Page No. 2
Jan. 4, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1241
RESOLUTION ORDERING HEARING FOR
VACATION OF A PORTION OF FRANLO
ROAD IN OLYMPIC HILLS 2ND ADD.
BE IT RESOLVED by the Eden Prairie City Council as follows:
1. A public hearing shall be held on the 8th day of February,
1977, at 7:30 P.M:.-at the Eden Prairie City Hall to consider
the vacation of the following easement:
That part of Franlo Road, according to document number 69-3801550,
on file and of record in the office of the Hennepin County
Recorder, which lies in Government Lot 10, Section 24, Township
116 North, Range 22 West, Hennepin County, Minnesota, and nor-
therly and westerly of the following described line. Said line
being 33.00 feet to the left of the following described line.
Commencing at the southeast corner of said Government Lot 10;
thence on an assumed bearing of North 0 degrees 33 minutes
46 seconds east along the east line of said Government Lot 10 •
a distance of 803.29 feet; thence along a tangential curve
concave to the west, radius 2374.33 feet, central angle 2 de-
rees 16 minutes 05 seconds, 93.99 feet; thence north 1 degree
42 minutes 19 seconds west, tangent to said curve, a distance
of 14.75 feet; thence along a tangential curve concave to
the east, radius 2803.23 feet, central angle 2 degrees 44 minutes
18 seconds, 133.97 feet to a point of compound curvature, said
point of compound curvature being the point of BEGINNING of
the line to be described; thence along a 254.65 foot radius
curve, central angle 29 degrees 08 minutes 08 seconds 129.49
feet and said line there terminating.
2. The City Clerk shall give proper legal notice-of such bearing
as required by law. (Two weeks published and posted notice).
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Franc, Clerk
2:1 0
'MEMO
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Fenzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
December 30, 1976
Vacation of a part of Franlo Road
The attached petition has been received requesting the City to vacate a
portion of the old Franlo Road right-of-way, which will be incorporated
into the final plat of Olympic Hills Second Addition, as shown on the
attached drawing. This right-of-way is no longer needed, as Franlo Road
has been relocated by a new alignment connecting to Anderson Lakes Park-
way. •
State Statutes require a public hearing process for vacation of street,t
right-of-way and easements. Accordingly, it is recommended that the City
Council adopt Resolution No. 1241, ordering a public hearing date Feb.8,
1977, for vacating this portion of Franlo Road.
CJJ:kh
Attachment
p "3 -(- 7a
Very truly your
"
Willis L. Gilliard
Xilie
Mr. Saeeeimarr
City Engineer
City of Eden Prairie
Edenprairie, Minnesota
Willis L. Gilliard
Civil Engineer and Land Surveyor
7601 Wayzata Boulevard, Suite 219
Minneapolis, Minnesota 55426
Telephones 546-5661
November 28, 1976
Subjects Vacation of a Portion of Franlo
Road
Dear Mt. ShowoOmmw
Please initiate the necessary procedure to effect the proposed
vacation of a portion of Franlo Road in Government Lot 10, Section
24, Township 116 North, Range 22 West in Eden Prairie.
Enclosed is a copy of the survey I performed to locate the new
alignment of Franlo Road.
I am also sending copies of this survey to the telephone, light
and gas utilities to ascertain any easements they may require in the
proposed vacation.
If you have any questions or require addittonal information
please n dvise me.
3'101(
LOT S LOT I LOT 7 In e-, I N •MIS. LNI 01 100n0 115 0(0. NOttNatio, NO 10050505. N 50V51 c S • .7:74.... --. 0. 03 40 0 - c - 'A a ' X X 1 9 1' ME 1 N • PAVENT, .--. -- --....... It ; ...71.0004sto v rrscarlo4,-- — r-- t L1)..II 11.."'001U 4:0 :;*3 raingl 5 i-• .4,0 3 0 0 ',rest Lon or Gov't LOS to. SIC 2.. j \A‘'"
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
January 4, 1977
CONTRACTOR (1 r. 2 Family)
Robert J. Buesgens Builders
Houston Construction
Landico, Inc.
Robert H. Mason, Inc.
The Sussel Co.
Tonybrook Homes, Inc.
Trumpny Homes, Inc.
Wherry Construction Co.
Zachman Homes, Inc.
Busted Development Corp.
CONTRACTOR (Multi-family & Comm.)
GAS FITTER
Standard Heating & Air Cond.
Spots & Berg, Inc.
Bowler Co, Inc.
Metropolitan Mechanical Cont.
Hoglund Mechanical Cont.
Ray N. Welter Heating
Suburban Heating & Air Cond.
Cronstrom's Heating & Air Cond.
Minnesota Gas Co.
HEATING & VENTILATING
Busted Development Corp.
Turner Basch, Inc.
Rauenhorst Corp.
McGough Const. Co.
D. H. Gustafson 6, Assoc.
Lyell C. Halverson
PLUMBING
United Water & Sewer Co.
Richfield Plumbing Co.
Randy Lane Plumbing
Katz Plumbing & Heating Co., Inc.
Howie Plumbing & Heating
Erickson Plumbing & Heating ,!
Buchman Plumbing & Heating Co.
Action Plumbing Co.
Blaylock Plumbing
Boedeker Plumbing &•Heating
Spatz & Berg', Inc.
Egan & Sons Co.
Metropolitan Mcchanical. Cont.
Hoglund Mechanical Coot.
Bowler Co. Inc.
Standard Heating & Air Cond.
Metropolitan Mechanical Contractors
Hoglund Mechanical Contractors
Ray N. Welter Beating Co.
Suburban Heating & Air Conditioning
Cronstom's Heating & Air Conditioning
Egan & Sons Co.
Air Comfort, Inc.
Allan Heating & Air Conditioning
Central Air Conditioning & Heating Co
.
Del Air Conditioning, Inc.
WELL DRILLING
Don Stodola's Well Drilling
Donald A. Rogers
Leuthner Well Co.
Dependable Well Co.
WATER SOFTNER
Rainy Water Softner & Conditioning
SCAVENGER
A
AAA Scavenger
Clerk's License List
Page 2
FOOD ESTABLISHMENT TYPE A
Genghis Khan of Sapporo
McGlynn Bakeries, Inc.
Pennys Super Market
Power's
RETAIL CANEY SHOP
Power's
Fanny Farmer Cancly Shop
Fannie May Cahdy Shops
FOOD FSTABLISMENT TYPE A
Viking Pioneer Incorporated
MEAT MARKET
Pennys Super Market
VENDING MACHINE
Pennys Super Market
Interstate United Corporation
The Moore Way
CIGARETTE & TOBACCO
The Moore Way
These licenses have been approved by the department head responsible
for the licensed activity.
Rebocca Quernemoen, Deputy Clerk