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Home My WebLink AboutCity Council - 02/01/1977 JOHN FRANE 7 . EDEN PRAIRIE CITY COUNCIL TUESDAY, FtBRUAftY 1, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Franc; Director of Community Services Marty Jessen; Engineer Carl Jullie; Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL 1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the Council Meeting held Tuesday, January 11, 1977. Page 3810 B. Minutes of the Council Meetina held Tuesday, January 18. 1977. Page 3814 C. Minutes of the Special Council Meeting held Tuesday, January 24, 1977. Page 3822 1II. PUBLIC HEAPING A. Vacation of a portion of Franlo Road in the proRosed Olympic Hills Page 3824 2nd Addition. Resolution No. 77-10 IV. PETITIONS, REQUESTS & COKMUNICATIONS A. Re uest_from Mark Alien Lewis to appeal the Board of Appeals & Page 3325 Ad'ustraents decision to deny a 30 foot sot�ack on Lot 2, d�k 3, �L, Kings Forest Addition to Stevens HA_ights_ B. Communication from Donald Peterson, Edenvale=reyLa _rding future Page 3832 dpvelop_e,it in Recreation Center. (Dated January 25, 9, V. ORDINANCES & RESOLUTIONS A. Resolution No. 77-16_authorizing the issrlance of Municipal Page 3833 Industrial Peveloment Bonds for Mirnesota Protective_Life VI. REPORTS OF OFFICERS, BOARDS & CO MdTSSIONS A. Resorts of Council members B. Rcport of City Manager 1. Council Programs for 1977-78 Page 3839 , Council Agenda - 2 - Tues.,February 1, 1977 B. Report of City Man_wser (continued) 2. Review of Preliminar Draft Ordinances on individual Page 3840 Boards an ommiss ono. .3. Set Public Hearing for Ordinance No. 77-6, relating to Board of Appeals & Adjustments and amending Ordinance No. 135. C. Report of Director of Community Services 1. Cooperative Agreement with Riley-Purgatory Creek Watershed Page 3861 District for Purchase of Lund Property 2. Authorization to advertise for bids for Tractor and Bucket Page 3869 Truck D. Report of City Engineer 1. Consider bids for sanitary sewer and watermain improvements Page 3870 servingthe New Testament Church and Stewart Highlands, I C. 51-283. (Resolution No. 77-11 2. final Plata roval for Olympic Hills 1st.Additlon. Page 3872 Resolution No. 7-1 3. Accept streets and utilities in the Bonner/Waters Addition Page 3874 4. Se t hearin date for'vacation of a residue portion of Page 3875 Vest grin, Street adjacent to T.H. 9. (Resolution No. 77-15) E Report of Finance Director 1. A rcreement with Metro Waste Control Commission implementing. Page 3878 an Industrial user sewer strengt charge system. 2. ;nent of Claims Nos. 9593 - 9737. Page 3884 3. Clerk's License List Page 3888 VII. NEW 8USINESS VIII. ADJOURNMENT. Y UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 11, 1977 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Dave Osterholt Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; Director of Community Services Marty Jessen; Planner Dick Putnam; Landscape Architect Chris Enger; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: Penzel, Bye, Osterholt and Pauly present; Meyers arrived at meeting at 7:40 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS , NOTION: Osterholt moved, seconded by Bye, to approve the Council Agenda as published. Motion carried unanimously. II. PUBLIC HEARINGS A. 1977 Community Development Block Grant, hint application for approximately 5 B00 of Federal funds to be used for eligible community projects. Continued Public Hearing from January 4, 1977 City Planner Putnam explained that the Planning Commission, at their meeting held January 10, endorsed the same projects as recommended by the Parks, Recreation & Natural Resources Commission as described in memo from Director of Community Services Jessen dated January 4, 1977. Bob Hall, 15061 Summerhill Drive, asked the following questions: 1) How much area is going to be set aside for the actual playground? 2 How much money will be spent on the Edenvale area site? and 3)What 'will we have when it is completed? Director of Commurity Services Jessen explained that the area is north of Valley View Road and Edenvale Boulevard with a total of approximately 34 acres committed to the City. The City will be spending between $15,000 and $20,000. At this time Fir. Jessen could not answer question as to what playground equipment will be installed as all of the final grading estimates have not been received and the City will first solicit neighborhood input. / Ill Council Minutes - 2 - Tues.,January 11, 1977 A. 1977 Community Development Block Grant (continued) Mr. Hall further questioned if the residents would know what they are going to end up with before the Edenvale site is completed. Jessen replied that the first thing the City staff would do is get together with people who live in Edenvale and who would use the facility the most .through neighborhood meetings. Mrs. Meyerhoff, 7055 Woodland Drive, questioned if the Edenvale site would be non-profit. Jessen responded it would be City owned. Mrs. Meyerhoff further asked if the City had thought of having the Army Reserve do the grading. Jessen stated he would see if this could be done as he has not explored this possibility in great detail. Meyers questioned if we receive the total dollar amount and manage to save some by using voluntegr labor, do we lose the money or can we use it on additional projectse Putnam explained we do not lose the money and that the City can use it for other projects if we like, or we can use it for the project we have, i.e., play equipment. ' Bye expressed his disappointment that the tree replacement did not come into strong consideration and asked if the Task Force had been contacted. Jessen explained that staff has attempted to define a list of projects that would be fundable. He further explained that he has talked to a couple of people on the Forestry Task Force and their opinions range from "I think we have budgeted money for that already and spend this on other facilities in the City" to "We should get every dollar for dutch elm replacement we can get". Jessen stated the Parks, Recreation & Natural Resources Commission discussed this previously and felt this money should be used for recreational facilities. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and adopt Resolution No. 77-9, authorizing submission of the City of Eden Prairie Grant Application to Hennepin County for inclusion in the Urban Hennepin County Community Development Block Grant Application, in accord with the Housing and Community Development Act of 1974, based on the recommendations from the Parks, Recreation & Natural Resources Commission and the Planning Commission. Motion carried unanimously. B. Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290. Resolution No. 1220 City Manager Ulstad explained that this is a continued public hearing from December 7, 1976, and referred to the signed petition dated 1/3/77 which listed the concerns of residents on Heritage Road. Particular attention was paid to item 8 whereby the residents requested that the builder meet with the property owners to see if an agreement could be worked out which would be advantageous to all parties involved. Jim Hoag, 7660 Heritage Road, spoke on behalf of the petitioners and answered questions of Council members. II 1 Council Minutes - 3 - Tues.,January 11, 1977 B. Sanitary Sewer and Watermain Improvements on Heritage Road I.C. 51-290. Continued MDTION: Bye moved, seconded by Osterholt, to continue the Public Hearing for Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290� and direct staff to set up a meeting or meetings between the petitioners, other residents, and the developer and report back to the Council at the February 15th Council meeting. Motion carried unanimously. III.REPDRTS OF OFFICERS, BOARDS & CDMMISSIONS A. Report of Director of Community Services 1. 1977 LAWCON Grant Final Application Director of Community Services Jessen outlined his memo in detail dated January 7, 1977. City Planner Putnam spoke to the 4 alternative road alignments, those being: 1) the disjointed northern alignment; 2) the alignment to the south; 3) directly through the middle of the park; and 4) the northern route within the park. Chris Enger, Landscape Architect, displayed a model of Round Lake pointing out the recreational facilities approved by the Council and spoke to 2 road alignments: 1) the direct route; and 2) the northern route within the park. Jessen explained that the School Board will be considering the road alignments on Thursday, January 13, but felt the Council could proceed with the grant application before proceeding with approval of the road alignment. Osterholt felt the $2,700 which is'proposed to be used for a boat launch could be better used .for children in the Round Lake Park area. Tom Bartel, Eden Prairie News, asked what the difference in cost would be between the 2 routes and who will be paying for it. Ulstad explained that payment would be worked between the School District and the City, and the difference in cost is about $100,000 (direct route being $375,D00 and the northern route $475,000 just for road construction costs). Mrs. Rutherford, 7023 Woodland, questioned if the LAWCON grant is just to EdenvalebParkesite'. Round PenzelLake explained the thatgrant thiscould grantbe used could be used for the used only for Round Lake. 3Z« Council Minutes - 4 - Tues..January 11, 1977 A. 1977 LAWCON Grant Final Application (continued) MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 77-2, authorizing the City Manager to sign application for grants to develop recreational lands and open space under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund Act. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-3, authorizing the filing of application for grants to develop recreational land and open space under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund Act. Motion carried unanimously. TV. NEW BUSINESS A. Mayor Penzel acknowledged the invitation to Council members to attend a meeting on January 22, 1977, 9:00 AM at the Minnetonka City Hall, with Senator John Keefe and Representative Douglas Ewald to discuss legislative programs and objectives for the 1977 legislative session. V. ADJOURNMENT NOTION: Bye moved, seconded by Meyers, to adjourn the meeting at 9:10 PM. Motion carried unanimously. J G hj UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 18, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Dave Osterholt Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel 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. Amendment to Community Development Block Grant B. City Manager's Salary C. Discussion on commercial corners in Eden Prairie MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of the Council Meeting held Tuesday. December 28, 1976. MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Council meeting held Tuesday, December 28, 1976, as published. Motion carried unanimously. B. Minutes of the Council Meeting held Tuesday, January 4, 1977. Pg. 3, para. 3, strike "carried" and insert "failed". Pg. 7, item C.1, 3rd line, after "and" strike the remainder of the line and insert in lieu thereof: "a written agreement from the contract for deed vendor to proceed with". MOTION: Osterholt moved, seconded by Bye, to approve the minutes of the Council meeting held Tuesday, January 4, 1977, as amended and published. Motion carried unanimously. 3��q Council Minutes - 2 - Tues.,January 18, 1977 B. Minutes of the Council Meeting held Tuesday, January 4, 1977 (continued) MOTION: Pauly moved, seconded by Bye, to reconsider the minutes of January 4, 1977. Motion carried unanimously. s MOTION: Pauly moved, seconded by Osterholt, to strike the langauge ,in item 3.(a) after "frequency." in Resolution No. 1243 which is an attachment to January 4th Council minutes, and to approve the minutes with this amendment. Motion carried unanimously. e 1 1I1. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Vernon J. Seck and Cedric L. Warren fora private off-sale liquor license. City Manager Ulstad spoke to request from Mr. Seck and Mr. Warren for a a private off-sale liquor license, explaining that the original request from these gentlemen was received by the Council on October 26, 1976. Ulstad further requested that this matter be continued until Finance Director Frane is in a position to outline our Cash Balance status in the General Fund. MOTION: Osterholt moved, seconded by Pauly, to continue this matter to the March 15, 1977 Council meeting pending information from Finance Director Frane. Motion carried unanimously. B. Carnes RLS, request for approval of a RLS of Tract F of RLS f1421 into 6 lots. The approximate 5.5 acre site is located north of lots 10-11 Willow Creek Addition. Planner Putnam explained that the Planning Commission reviewed this request on December 27th and did recommend approval as submitted based on conditions outlined in Engineer's Report dated 12/23/76. Jerry Carnes spoke to his request and answered questions of Council members. MOTION: Osterholt moved, seconded by Pauly, to continue this request until March 1, and refer this matter to the City Attorney for an opinion on the affect of the easement on property to the north. Motion carried unanimously. Pauly expressed her concern that motorized traffic will be using Willow Creek Road as a way to get to Bryant Lake Park and she would like Director of Community Services Jessen's opinion if it would be better to put a fence and chains and say no motorized traffic, or if it would be better to be low key. City Attorney Perbix suggested the walkway be a separate parcel. IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 312, relating to the licensing of food establishments and setting health standards for food handling and amending Ordinance No. 250. MOTION: Osterholt moved, seconded by Meyers, to approve the 2nd Reading of Ordinance No. 312. Motion carried unanimously. -C Council Minutes - 3 - Tues..January 18, 1977 B. Resolution No. 77-8, relating to changing the "Green Acres" Tax Law. City Manager Ulstad spoke to Resolution No. 11-8, relating to changing the "Green Acres" Tax Law as requested by Council members, and explained that it might be appropriate to present this resolution, if adopted, .to Senator John Keefe and Representative Douglas Ewald at the meeting to be held January 22nd at the City Hall of Minnetonka. Council members agreed with this idea. MOTION: Bye moved, seconded by Pauly, to adopt Resolution'No. 77-8; relating to changing the "Green Acres" Tax Law. Motion carried unanimously. (Resolution No. 77-8 as adopted attached as part of the minutes). John Bren, 6732 Rowland Road, spoke in favor of Resolution No. 77-8. C. Resolution No. 77-4, Joint Resolution Establishing the Hennepin County Criminal Justice Coordinating Council City Manager Ulstad spoke to Resolution No. 77-4 and recommended approval of same. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-4, Joint Resolution Establishing the Hennepin County Criminal Justice Coordinating Council. Osterholt, Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. Meyers felt the Metropolitan Council has the same type of body and wondered if that body would overlap with Hennepin County's activities. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members I. Meyers informed the Council that Tom Cebulla, a member of the Board of Appeals and Adjustments, has moved out of state. 2. Penzel reported on the following: a. River Crossing Adhoc Committee recently held a meeting to consider a temporary structure for the Bloomington Ferry Bridge if certain legalities can be overcome. b. Chemical Dependency meeting on Thursday, January 27, 4:00 PM at the High School. C. Request from the Minnetonka Community Services for five at-large members to serve on their board - meeting to be held January 20 at 7:30 PM. 3Gll� Council Minutes - 4 - Tues.,January 18, 1977 B. Report of City Manager 1. Discussion of Ordinance No. 202, licensing and regulating the sale of intoxicating liquor. City Manager Ulstad requested verification of his interpretation of Ordinance No. 202 as to eligible uses that the City would consider in the issuance of an on-sale liquor license. By unanimous consent the Council felt the ordinance was very clear in its definition in that it specifically speaks to restaurants and hotels/motels with restaurant facilities. 2. Local 49 Strike Status City Manager Ulstad distributed a chart to Council members which outlined the two offers made to and rejected by union membership, one on December 7, 1976, and the other on January 11, 1977. Tom Bartel, Eden Prairie News, questioned why the City was reluctant to go to binding arbitration. Ulstad replied based on some basic principles, when you submit to compulsory arbitration it leaves the incentive by the wayside. C. Report of Director of Community Services 1. Cooperative Agreement with Nine-Mile Creek Watershed District regarding Park Improvement Project City Manager Ulstad spoke to the cooperative agreement and noted Director of Community Services Jessen's memo recommending approval of same. A change was requested in the agreement on page 3, 2nd para., strike "September 1, 1976" and insert"September 1, 1977". Osterholt requested that staff research the agreement between Eden Prairie and NSP pertaining to their main power line and see if anything in the agreement concerns landscaping. MOTION: Meyers moved, seconded by Bye, to approve the Cooperative Agreement with Nine-Mile Creek Watershed District regarding the Park Improvement Project. Motion carried unanimously. D. Report of Planning Director 1. Planned Unit Development Zoning, and Preliminary Plat Procedures City Manager Ulstad explained that in November of 1976 staff did submit these procedures to the Council. At that time the Council accepted and reviewed these procedures and made some suggested changes.and the Council further requested these procedures be submitted to the Planning & Zoning Commission. 0 Council Minutes - 5 - Tues.,January 18, 1977 1. Planned Unit Development, Zoning, and Preliminar Plat Procedures continued t Planning Director Putnam stated that the Planning & Zoning Commission has recommended approval of these procedures. { Perbix explained that if the Council approves generally of one or all three of these procedures that have been presented, that he would put them in a form for adoption and would not change them substantially, but would change language to conform with ordinance form. Meyers requested several changes to be incorporated in the procedures. Osterholt questioned what the problems are with the procedures we are using now. Perbix explained that we are putting in a documented form what we are practicing now. Pauly questioned why we couldn't just adopt these procedures in the form of a resolution. Perbix explained that PUD's are part of zoning and if we are going to enforce them they should be in the form of an ordinance. Osterholt asked if these procedures couldn't be done in simplier language. Bye, too, expressed his opinion that the language should be shortened and put in proper form. Penzel explained that he has been talking to a number of people in the development business and they have strongly urged the adoption of a more formal document, preferably in the form of an ordinance. MOTION: Bye moved, seconded by Osterholt, to refer this matter to the staff and to the City Attorney with the suggestions made by the Council and to formalize a preliminary draft document to be placed on the agenda when completed. Motion carried unanimously. Bye stated we are anticipating receiving this document in March, but would like a progress report before that time. E. Report of City Engineer 1. Receive petition and set hearing date for vacation of Earl Drive plus the drainage and utility easement in the plat of Topview Acres 1st Addition. City Engineer Jullie spoke to Resolution No. 77-6 and recommended approval of same. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-6, setting a public hearing for February 15, 1977 to consider the vacation of Earl Drive and the drainage and utility easements in Topview Acres 1st Addition. Motion carried unanimously. Council Minutes - 6 - Tues.,January 18, 1977 7 2. Receive petition for storm sewer and street improvements in the vicinity of T.H. 5 and County Road 4, I.C. 51-29B. City Engineer Jullie spoke to Resolution No. 77-7, ordering preparation of a feasibility report on Project I.C. 51-298 and recommended approval of same. MOTION: Meyers moved, seconded by Bye, to adopt Resolution t No. 77-7, ordering preparation of a feasibility report on Project I.C. 51-298 provided that the petitioners for the project agree to pay the cost for the feasibility study if the project is not ordered in. Motion carried unanimously. F. Report of Finance Director 1. Payment of Claims Nos. 3360-3364; and 9501-9592. MOTION: Osterholt moved, seconded by Bye, to approve Payment of Claims Nos. 3360-3364; and 9501-9592. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. VI.NEW BUSINESS A. Amendment to Community Development Block Grant MOTION: Osterholt moved, seconded by Bve, to add dutch elm reforestation on our public land as a 4th item to the Community Development Block Grant. Motion carried unanimously. Planning Director Putnam asked for clarification from the Council as to what type of dollar amount out of the $4B,500 the Council is thinking about. Meyers responded it was her feeling to set a standard and that we won't develop either of the neighborhood parks any better or further than at Prairie View, then to go to the next project. B. City Manager's Salary MOTION: Meyers moved, seconded by Osterholt, to discuss the City Manager's salary the 1st Council meeting in March. Motion carried unanimously. C. Discussion on commercial corners in Eden Prairie Pauly referred to an article she received at the Planning & Zoning Commission which spoke to an ordinance which Sioux City, Iowa has adopted whereby if there is a corner in that city with commercial, there shall be no commercial development on the other three corners. She asked if the Council would be interested in pursuing this idea. Penzel requested that this article be supplied to the rest of the City Council. 3X19 council Minutes - i - wes.,aanuary ia. iv// C. Discussion on commercial corners in Eden Prairie (continued) Consensus of the Council was to direct staff to investigate such an idea. Bye suggested that when researching this idea, that people who do this for a living be contacted, i.e., Red Owl and Standard Oil. VII.ADJOURNMENT MOTION: Osterholt moved, seconded by Bye, to adjourn the meeting at 9:40 PM. Motion carried unanimously. 3�20 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-8 A RESOLUTION RELATING TO CHANGING THE "GREEN ACRES" TAX LAW. WHEREAS, the State Legislature has adopted certain tax laws which have commonly come to be known as the Green Acres Laws; and WHEREAS, said laws were adopted to alleviate hardship created by the existing real property tax laws on persons earning primary income as active farmers on agricultural land; and WHEREAS,,it is proposed by the Metropolitan Council that the Legislature charge the Metropolitan Council to study and recommend changes to the existing Green Acres Law to make the consequences of the Green Acres Law consistent with the objectives of its development framework; and WHEREAS, it is the belief of the Eden Prairie City Council that the Green Acres Law as intended is consistent with the objectives of the Metropolitan Council development framework; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that it impress upon its Legislators that the Legislature should revise the Green Acres Law to eliminate the practices which abuse its intent. ADOPTED by the City of Eden Prairie this 18th day of January, 1977. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk 3�21 UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING TO CONSIDER UNION PROPOSAL MONDAY, JANUARY 24, 1977 5:00 PM COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Dave Osterholt Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad ROLL CALL: All members present. MOTION: Osterholt moved, seconded by Bye, to ratify the Mediator's proposal for International t ernationalUnion he tof Opeeratingtlement of hEngineers,e current lLocalaor d49, andispute the the Metropolitan Area Management Association, representing 21 municipalities. Motion carried unanimously. (Proposal as ratified part of minutes) MOTION: Meyers moved, seconded by Bye, to adjourn the meeting at 5:05 PM. Motion carried unanimously. 3taa MEDIATOR'S PROPOSAL , The following is the Mediator's proposal for settlement of the current labor dispute between the International Union of Operating Engineers, Local 49, and the Metropolitan Area Management Association, representing 21 municipalities. A. Wage Rates: ' For the benchmark rates and other rates in the certified units - 1977 - .40t per hour effective upon return to work 1978 - .40t per hour effective January 1, 1978 or the first payroll period thereafter, depending on local practices. For employees hired after December 31, 1976 an apprentice rate structure providing for ninety per cent (90%) of the contract rate for the job classification into which the employee is hired for the first year, increasing to ninety- five per cent (95%) for the 2nd year�and one hundred per cent (100%) beginning the third year. B. Insurance: Beginning February 1, 1977 the employer will pay up to a maximum of $60.00 per month per employee including dependent coverage for health and lire insurance. Any employer who paid more than $60.00 per month per employee for health and life.insurance I ncluding dependent coverage during 1976 will continue to pay the 1976 dollar amount for health and life insurance. The employer will continue to pay the 1976 employer-paid dollar costs for other insurances, such as but not limited to, long term disability and dental insurance where applicable, in 1977 and 1978. C. Return to Work: Employees shall return to work upon call by the City after ratification by the Union and by the City which is party to the agreement. 3��3 Feb. 1, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-10 RESOLUTION VACATING A PORTION OF FRANLO ROAD IN PROPOSED OLYMPIC HILLS 2ND ADDITION WHEREAS, the City of Eden Prairie has street right-of-way over the following described land: 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- grees 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 min- utes 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. WHEREAS, a public hearing was held on Feb. 1, 1977, as required by law, and WHEREAS, it has been determined that said right-of way is not neces- sary and that it would be in the public interest that it be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. The above described portion of Franlo Road is hereby vacated. 2. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the pro- ceedings and shall be recorded in accordance with M.S.A. 117.19. ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL ON Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk WWI,I1 .1 MuLeb - J - Web.,UCLU Jet g4, 1y/0 , :i B. East West Apart ents The Preserve request for rezoning from Rural to RM 2 5 on 8.98 acres for 129 rental apartment units. The site is located west—of 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/West Parkway Apartments - City Impact, and answered questions of Council members. 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 for 129 rental units as it is the Council's determination that no substantial new information has been presented on the project. Pauly, Meyers and Penzet. voted "aye", Pierce and Bye voted "nay". Motion carried. ;b IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request of Mark Allen Lewis to appeal the Board of Appeals & Adjustments decision to dew a 20 foot setback on Lot 2, Block 3 Kings Forest Addition to Stevens Heights. Mr. Lewis explained that he was appealing the Board of Appeals & Adjustments decision made on November 18 to deny his request for a 20 foot setback to Lot 2, Block 3, Kings Forest Addition to Stevens Heights, and showed-slides of his lot at the various setback stages. Chief Building Inspector Blayne Sanders referred to his memo dated November 17 to the Board of Appeals & Adjustments and to the minutes of the 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 should go back to the Board of Appeals & Adjustments for their recommendation. MOTION: Bye moved, seconded by Meyers, to refer the request of Mark Allen 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, rezoning_ 34 lots on approximately 17 acres to R1-13.5, Hidden Oaks, The Preserve, by Mr. Kevl9n, and rezoning agreement. 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. Kevl in, and the rezoning agreement. Motion carried unanimously. 2v UNAPPROVED MINUTES ZONING BOARD OF APPEALS AND ADJUSTMENTS Thursday, January 20, 1977 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, Donald Sorenson, James Cardinal, and Joan Meyers MEMBERS ABSENT: None STAFF PRESENT: Wayne Sanders, chief Building Inspector OTHER PRESENT: Mark Lewis, Roger Sandvick APPROVAL OF MINUTES OF DECEMBER 16, 1976 MEETING Pg. 2, para. 6, sent. 1, delete "for the sake of discussion". 5, "yark" before "setback", add "yard" before setback. " "yark" after "side", add "yard" after "side". " 3, " 2, " 3, " "node", add "knoll" " " 7, " "failed", add "carried". Cardinal moved to approve the Minutes of the December 16, 1976 meeting as corrected. wedlund seconded, motion carried,with Meyers and Sorenson abstaining. Recuest for variance from_required_front_yard setback at Lot 2,Block 3, Kings Forest addition to Stevens Heights. (15202 Stratford) Mr. Lewis spoke to Council action of December 14, 1976 where a 20 foot setback was denied and at which meeting they could not act on anything except the 20 foot setback, because they would be legislating action rather than reacting. wedlund spoke to SECTION 19. Amendments, subdivision 19.5 Reapplication, and this was discussed by the Board members. Bldg. Inspector Sanders said that he had discussed this with City Attorney Perbix, and it was agreed that it did not apply to variance applications. Meyers added that the Council has always interpreted it as applying to strictly zoning petitions. Sorenson referred to first Motion made by Cardinal and its withdrawal during Nov IS, 1976 meeting, because it was contrary to Mr, Lewis"s request, and added that the Board had tried to offer every option that they could regarding Mr. Lewis's wishes. Lewis responded that he did not pick up this spirit, and asked what the Board could offer other than the 35 ft. setback. Sorenson explained that the sense of this body was 35 feet at that time, but nothing less than that. He said they were considering the other lots and the overall plan that would be in keeping with the Ordinance,.! F Zoning Board of Appeals and Adjustments -2- January 20, 1977 Mr. Roger Sanvick, 14280 Stratford Road, commented that the setback was coming\ from 44 feet on his house to 35 ft on the proposed house. should look to our prior action and what it was based on. Sorenson added that the existing setback is 41.3 on Stratford Road and felt we Meyers spoke to what the effects of granting a 30 foot setback would do to existing average setback. Wedlund asked Sandvick how he felt about a 30 foot setback for Lewis. x Sandvick responded that he felt it would set a precedent and opposes a 30 foot setback. He said he believes that a tapering of houses is the only fair way to go and that fill could be brought in at a 35 foot setback. Sanders commented that the general area has greater setbacks, with most of the homes in the 40's for setback, with the corner lot as the exception. t Cardinal commented tha if Lewis were granted a 30 foot setback, the other houses would have to have 38 foot setbacks, creating a "zigzag" effect. Sorenson added that the purpose of the Ordinance was that all houses would be built with the intent that they would not block the view of others, and that at the time we granted the variance on Lot 1, we requested that the owner angle the house so ther there would be less of this kind of situation. Meyers, referring to Minutes of the November 18, 1976 meeting, asked about a quote on required aaount of fill needed for a 30 foot setback, which was 900 cubic yards, and asked whether he knew how couch would be needed for a 35 foot setback. Lewis responded that he wasn't sure but thought about double that amount would be needed, Plus some trees would have to be removed. Lewis asked permission to give a slide presentation of his land from various angles. Board :embers asked various questions such as: distance of lot line markers - 60 feet; type of trees that would be affected - oaks and maples; presence of water during a normal spring - Sandvick commented that the trees in question would be in water. MOTION: Cardinal moved to deny the petition with the following findings: Variance does not comply with variance requirements; would cause drastic variance on setbacks on the block, whether the houses are far apart or not; there would be a visual lack of continuity; the variance is not justified by the topographical changes in the lot; it is further not justified on an engineering basis; that further along there are financial considerations; those considerations as applied to a lesser degree of variance are not significantly substantial; that the granting of said variance would constitute a divergence from the intent of the Ordinance of such a degree as to violate the spirit of the ordinance and past interpretation thereof; the granting of such a variance would deprive adjoining property owners of the benefits of the Ordi- nance; and by allowing this variance would be a special privilege and by denying the variance, it would not deprive Mr. & Mrs. Lewis of use of that property. Sorenson added additional findings: that the average existing setback on this parti- cular block is for 42.4 feet, and that under the Ordinance that is the point at which the house should be built, that this body is concerned wuth total overall long range impact of variance granting and we are not solely considering this particular lot but remaining undeveloped lots on that road 3y z� Zoning Hoard of Appeals and Adjustments . -3- January 20, 1977 and the effects of granting a variance mould nave undeveloped lots. Wedlund seconded, motion carried, with Sorenson abstaining, stating that his personal feelings are that he feels the decision was the right one for the reasons given. Cardinal commented that there has been nothing presented tonight to change his mind about denying the variance and he feels strongly that if he were in Mr. Sandvick's position and someone wanted to build in his area with that kind of proposal, he would be very unapproving of that kind of petition. Sorenson added his comments, that referring to Memo of November 17, item 6, re- ceived from Sanders, from which a pattern for undeveloped lots was considered, he would like their meeting to reveal, if it is consensus of this body, that a long term pattern be adopted for this area for future reference by existing and future landowners. He spoke to his concern with continuity in development process and future Zoning Boards of Appeal and Councils. Wedlund commented that he was sympathetic with Lewis and what he was trying to do, and in his own mind, he would nave nothing against the proposal of a 30 foot set- back, but in allowing, such a setback we would entrap Sandvick and also we cannot dictate what will happen in the future. Wedlund gsked whether they could ask the Planning Commission to take this block? Sorenson responded that it has already been zoned and the setbacks are there, and that the Planning Commission does not consider property already zoned. Sanders added two general points: In the building business generally you draw a straight line between two homes, and the new home should not exceed setback of that �. line; and also when builders look at well established lot, it is priced accordingly, figuring that they can add fill if necessary. Meyers left at 9:10 PM. There was general discussion on proposed Ordinance relating to Board of Adjustments and Appeals and Amending Ordinance No. 135. Wedlund moved to adjourn at•9:30 PM. Cardinal seconded, motion carried unanimously. Submitted by, Donna Stanley Recording Secretary 3l�.� I 4 / SURVEY EAST 5• F0RES:7 1 I 'STRATFORD ROAD J z• fY r �s 14 ' a.:r-,� .� �r• ' CND: .�O�Cj .� 3 - s x DATE: November 17, 1976 MEMO TO: Zoning Hoard Of Appeals And Adjustments FROM: Wayne R. Sanders - Building Inspector SUBJECT: Request for variance from required front yard setback at Lot 2, Block 3, Kings Forest addition to Stevens Heights.(14202 Stratford) The setback required pertains to Ordinance 135 Section 2.2(c) and is as follows: "Where 40% or more of a block is deftloped, the required setback shall be equal to the average existing setback". In this case the setback should be approximately 41 feet. Mr Lewis has requested a 20 foot setback. Mr. Carl Jullie - City Engineer and I looked at this lot and agreed that a house can be built at the 35 foot setback. Attached are sketches made by Mr. Lewis showing some elevations in a cross section. Some of the facts are: > 1.)Front corner of lot at east side has an elevation of approximately 918.0. 2.)Invert of sewer extended to house line is approximately 913.5. 3.)Additional fill will be needed around house and at entrance to garage. 4.)Sewer can be run high in basement ceiling and out of basement side wall. 5.)A small sump pump can be installed in basement floor to raise laundry water only up to sewer level. 6.)A setback of 35 feet would establish a setback pattern so that: Lot 1 (corner'lot) is 30 foot setback. Lot 2 (This lot) is 35 foot setback. Lot 3 Next empty lot could be 40 foot setback and blend in with Mr. Sandvicks front yard setback, Lot 4 at 44 feet. Based on the above information I would recommend a variance to allow a 35 foot front setback. 3Z3U CERTIFICATE OF SURVEY fib � /23(o/ofemeo5) �°J. O � O QD ` I � 1 1 1 1 ' o Denotes wood stoke. O Denotes Iron monument !9i°'sJ (i°s) '000.o Denotes ex/sting e%v07'ion- 90.e (0000) Denotes proposed a/evotion N\PROPOSED a x drolnoge. �\HOUSE,\� i0 Proposcdtopoffovndofion ei • ----- s-} s, a/evo`Icn = 9190 311, J' Proposed 90roge f/oor e/e�ot:on= 918 5 o t I Proposed lowest 1/oor q t ; e/evofiOn = 911.0 /23.31(ineos) STRATFORD ROAD 0 I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 2, Block 3, KINGS FOREST ADDITION TO STEVENS HEIGHTS. And of the location of all buildings, if any thereon and all visible encroachments, if any, from or on said land. It also shows the location of the stakes as set for a proposed building. As surveyed by me this llth day of November, 1976. T omas S. Bergquist) Land Surveyor, Minn. eg. No. 7725 Frwle "a 40' PREPARED FOR: ewc rAGt - OMBS-KNUTSON ASSOCIATES,INC. 94 35 /�,J.�1 RK LEWIS DV6Ylli YiNN6AMl14,NUlGNiNSONNYANiWII.YIMIISOfA 3/77 J r1; AA EDENVALE,INC. 7766 Mitchell Road•Eden Prairie,Minn.55343.6121941.5300 January 25, 1977 Mr. Roger Ulstad , City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Ulstad; It is my understanding that you recently discussed the matter of issuance of a liquor license for a bowling alley with the Eden Prairie City Council. I understand the City Council has indicated that a license could not be granted for a bowling alley even with a restaurant operation because that is the intent of the ordinance. This matter is of utmost importance in the development of the Edenvale Recreation Center. Since its inception, we have relied on the approval of a bowling alley key use in this center. We have tried to market this land for over a year for this use and it is readily apparent that no bowling alley can be built here without the inclusion of liquor. I therefore request to have the opportunity to discuss this matter with the Council at the February 1, 1977 Council meeting to inform the council of the effect this decision will have on our plans. I hope to be able to resolve this issue at this time so that our efforts will not have been wasted. Please place my name on your council agenda on February 1, 1977 if at all possible because time is of utmost importance. Yours truly, Donald R. Peterson DRP/sr 3Z 3�. $2,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS j Issuer: (Minnesota Protective Life Insurance Project) City of Eden Prairie, Minnesota GoVerning body: City Council Kind, date, time and place of meeting: a regular meeting, held February 1, 1977, at o'clock P.M., at Eden Prairie City Hall Members present: Members absent: Documents attached: Minukes of said meeting (pages) : e RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND LEASING OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE SALE AND ISSUANCE OF INDUSTRIAL DEVELOPMENT-REVENUE BONDS (MINNESOTA PROTECTIVE LIFE INSURANCE COMPANY PROJECT) , SERIES 1977, TO FINANCE THE PROJECT, SECURED BY A PLEDGE AND ASSIGNMENT OF THE REVENUES THEREOF. AND A MORTGAGE OF THE PROJECT TO A TRUSTEE I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the docu- ments attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeing was duly held-by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of 1977. Signature Name and Title 3133 . 111� .4. Member -introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND LEASING OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE SALE AND ISSUANCE OF $2,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MINNESOTA PROTECTIVE LIFE INSURANCE COMPANY PROJECT), SERIES 1977, TO FINANCE THE PROJECT, SECURED BY A PLEDGE AND ASSIGNMENT OF THE REVENUES THEREOF AND A MORTGAGE OF THE PROJECT TO A TRUSTEE, AND DESIGNATING THE CITY REPRESENTATIVE FOR THE PROJECT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. It has been proposed that the City, acting pursuant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), issue and sell its Industrial Development Revenue Bonds (Minnesota Protective Life Insurance Com- pany Project) , Series 1977 (the Series 1977 Bonds) in. the .agctrcgate principal amount of $2,000,000, to acquire land for and conntruct and equip thereon an office and insurance headquarters building (the Project) within the City and lease the Project to Minnrs:.,ta Protective Life Insurance Company, a Minnesota corporation (the Company) for use in its business activities. The Council gave preliminary approval to the proposal by resolution duly adopted July 6, 1976, and pursuant to that resolution, the following docu- ments relating to the Project have been submitted to the Council and are now on file in the office of the City Manager. (a) Lease, dated as of February 1, 1977 (the Lease), proposed to be made and entered into between the City and the Company, as Tenant; (b) 'Mortgage and Indenture of Trust, dated as of February 1, 1977 (the Indenture) , proposed to be made and entered into between the City and the Northwestern National Bank of Minneapolis, Minneapolis, Minnesota, as Trustee (the Trustee); (c) Guaranty Agreement, dated as of February 1, 1977 (the Guaranty) , proposed to be made and entered into between the Company and the Trustee; and (d) Bond Purchase Agreement (the Bond Purchase Agreement) between the City, Dean Witter 6 Co., Incor- porated (the Underwriter) and the Company. 3�34 a 2. It is .hereby found, determined and declared that: (a) the real property, building or buildings, improve- ments and personal property described in the Lease and Indenture referred to in paragraph 1 constitute a Project authorized by Section 474.02, subdivision la of the Act; x (b) the purpose of the Project, as defined in the Lease and Indenture, is and the effect thereof will be to promote the public welfare by the attraction, en- couragement, retention and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development and retention of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, edu- cated personnel of mature age to other. areas and thus preserving the economic and human resources needed as a base for providing governmental services and facili- ties; more intensive development of land available in the community to provide an adequate tax base to finance the increase in the amount and cost of governmental ser- vices; and a better distribution of tax burdens between industrial or commercial properties and residential properties within the City; (c) the Project is to be located within the City limits, at a site which is easily accessible to employees residing within the City and the surrounding community, and to means of transportation or materials and products by rail and highway; (d) the Project when completed will add signifi- cantly to the tax base of the City, Hennepin County, and the School District in which the City is located; (e) the Project has been approved by the Commissioner of Economic Development of the State of Minnesota as tend- ing to further the purposes and policies of the Industrial Development Act; (f) the acquisition, construction and equipment of the Project, the ic:suance and sale of the Series 1977 Bonds, the execution and delivery of the Lease, the Bond.Purchase Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Lease, Bond Purchase Agreement and Indenture and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Lease, Bond Purchase Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the lict; 3G 3 • ra . y (c) it is desirable that the Tenant be authorized, in accordance with the provisions of Section 474.03(6) 1 of the Act and subject to the terms and conditions the City determines to be necessary, desirable and proper, y as set forth in the Lease, to provide for the con- struction, acquisition and equipment of the Project by such means as shall be available to the Tenant and in the manner determined by the Tenant, and with or without advertisement for bids as required for the construction and acquisition of other municipal facili- ties; IN it is desirable that the Series 1977 Bonds be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Lease and the rentals will be pledged and the Project will be mortgaged to the Trustee as security for the payment of principal and interest on the Series 1977 Bonds and any Additional Bonds that may be issued thereunder (the Series 1977 Bonds and any Additional Bonds are referred to herein as the Bonds); (i) the rentals charged in the Lease for the use of the Project are fixed, and required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of and interest on all Bonds issued under the Indenture when due, and the Lease also provides that the Tenant is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the leased premises and payable during the term of the Lease, during which term a tax is imposed by Section 474.03(3) of the Act for the privilege of using and possessing the Project, in the same amount and to the same extent as though the Tenant were the owner of all real and personal property comprising the same; (j) under the provisions of Section 474.10 of the Act, and as provided in the Lease and Indenture, the Bonds are not to be payable from nor charged upon any funds of the City other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon, no holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any.property of the City except the Project mortgaged by the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except { r the Project; each Bond issued under the Indenture ; shall recite that the Bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof; and no Bond shall constitute a debt of the City within the meaning of any con- stitutional or statutory limitation; and i (k) the Project, the Bonds and the Company satisfy the guidelines established by Resolution No. 596, adopt- ed by this Council on October 10, 197.2, as amended, and all information required by said guidelines has been furnished to the City. 3. The forms of Lease, Indenture, Guaranty and Bond Purchase Agreement referred to in paragraph 1 are approved. The City accepts the conveyance of the real and personal pro- perty included in the Project by warranty deed and bill of sale from the Company. The Lease and Bond Purchase Agreement, with such variations, insertions and additions as the City Attorney may hereafter deem appropriate, are directed to be executed in the name and on behalf of the City by the Mayor and City Manager, upon execution thereof by the officers of the Company and, with respect to the Bond Purchase Agreement, the Underwriter. The Indenture, with such variations, insertions and additions as the City Attorney may hereafter deem appropriate, is directed to be executed in the name and on behalf of the City by the Mayor and City Manager and delivered to the Trustee. Copies of all of the documents shall be delivered, filed and recorded as provided therein. 4. In anticipation of the collection of revenues of the Project, the City shall proceed forthwith to issue its Indus- trial Development Revenue Bonds (Minnesota Protective Life Insur- ance Company Project) , Series 1977, dated as of February 1, 1977, in the aggregate principal amount of up to $2,000,000, in the form and upon the terms set forth in the Indenture, which terms arc for this purpose incorporated in this resolution and made a part thereof. The proposal of Dean Witter & Co., Incorporated to purchase the Series 1977 Bonds at a price of 99% of their par value plus accrued interest, upon the terms and conditions set forth in the Bond Purchase Agreement and Indenture is hereby found and determined to be reasonable and is hereby accepted. The Mayor and City Manager arc authorized to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this resolution and other documents required by the Indenture for authentication and delivery to the Underwriter. 5. The Mayor and City Manager and other officers of the City are authorized and directed to prepare and furnish to the purchaser of the Series 1977 Bonds, when issued, certified copies of all proceedings and records of the City relating to the Series 1977 Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and 3Z�7 marketability of the Series 1977 Bonds as such facts appear•from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, shall constitute representations of the City as to the truth of all statements contained therein. 6. The City hereby elects to issue industrial develop- ment revenue bonds in an aggregate face amount in excess of $1,000,000 but not in excess of $5,000,000 within the meaning of Section 103(b) (6) of the Internal Revenue Code and the regu- lations promulgated thereunder and the Mayor and City Manager are hereby authorized to execute a statement so electing and file said statement prior to the issuance of said bonds with the District Director or Director of the Regional Service Center with whom the Company is required to file any federal income tax returns. 7. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate and such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and not to the prejudice of the interest of the City, and approved by the City Attorney prior to the exe- cution of the documents. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall '.�o conclusive evidence of the approval of such documents in ac(: rdance with the terms hereof. In the absence of the Mayor or Cii, Manager, any of the documents authorized by this resolution to be executed, may be executed by the acting Mayor or acting City Manager,respectively. Mayor Attest: City Manager (SEAL) Member seconded the motion to adopt the foregoing resolution and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 1/14/77 SUGGESTED ITEMS FROM COUNCIL MEMBERS REGARDING GOALS & OBJECTIVES FOR THE CITY OF EDEN PRAIRIE FOR THE NEXT T140 YEARS 1. Legislative Programs:(Positions that we should communicate to the Legislature) A. Fiscal Disparities B. Green Acres C. Dutch Elm Disease Proposal D. Metropolitan Council 2. Completion of Guide Plan Update 3. Charter Study Committee (Pros and Cons, Advantages & Disadvantages, Steps A - Z as to how to achieve and if this seems feasible) 4. Park Fund Money/Bond Issue 5. Feasibility Study on Community Recycling Center on City ' Land, but administered and operated by Civic Organizations. 6. Zoning Ordinance Revision 7. Sign Ordinance Revision B. Codification of all ordinances. 9. Zero Base.Budgeting of General Fund 10. Creation of MCA dnd PUD Zoned Districts 11. City operated Liquor Store and alternatives 12. Investigation of possible financing for low income housing 13. Capital Improvcnent Program regarding road and park development together with capital requirements necessary for financing, i.e., general revenue and/or federal and state grants. NOTE: Councilpersons Bye and Osterholt will be sending each member of the City Council their list between now and the February 1st Council meeting when this item is scheduled to be on the Agenda. 3d 3a whp/jh 1121177 j. i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA k u ORDINANCE NO. 77-2 AN ORDINANCE RELATING TO THE HUMAN RIGHTS COMMISSION AND AMENDING ORDINANCE NO. Ill AS AMENDED. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Section 3 of Ordinance No. Ill as amended is hereby deleted and there is substituted therefor the following: Section 3. Subdivision 1. Qualifications of Members; Terms of - Office. The "commission" shall consist of seven (7) members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. Both original and successor appointees shall hold office until their successors are appointed and qualified. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among per- sons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal interests are involved in any matter coming before the commission, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Appointments shall be for a maximum of two full terms plus any portion of a term to which they might have been appointed; provided, however, the Council by unanimous vote may appoint a member to a further term. Subdivision 2. Removal from Office; Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire city council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non- attendance at commission meetings without action by the City Council, according to rules adopted by the commission. It shall be the duty of the chairman of the commission to notify the City Council promptly of any vacancies occurring in membership, and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this _day of , 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1977. -2.� ��Yf whp/}h 1/21/77 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-3 AN ORDINANCE RELATING TO PARK, RECREATION AND NATURAL RESOURCES COMMISSION AND AMENDING ORDINANCE NO. 291. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No, 291 is hereby repealed and the following is substituted therefor. Section 1. Subdivision 1. Establishing Park Recreation and Natural Resources Commission: Oualification of Members; Terms of Office. There is hereby established a Park, Recreation and Natural Resources Commission, hereinafter referred to as the "Commission," which shall consist of seven members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. Both original and successor appointees shall hold office until their successors are appointed and qualified. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal Interests are involved in any matter coming before the commission, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Appointments shall be for a maximum of two full terms plus any portion of a term to which they might have been appointed; provided however, the Council by unanimous vote may appoint a member to a further term. Yfll2 Subdivison 2 Removal from Office; Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non- attendance at commission meetings without action bythe City Council, according to rules adopted by the Commission. It shall be the duty of the chairman of the Commission to notify the City Council promptly of any vacancies occurring in membership, and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this _ day of , 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1977• wolf gang Pentel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1977. -2- 3`6++3 whp/jh 1/26/77 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-4 AN ORDINANCE RELATING TO THE INDUSTRIAL COMMISSION FOR THE CITY OF EDEN PRAIRIE AND AMENDING ORDINANCE NO. 79 AS AMENDED. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Section 4 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following: Section 4, Composition. The "commission" shall consist of seven members appointed by the City Council. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Section 2. Section 5 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following: Section 5. Terms of Office. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. Both original and successor appointees shall hold office until their successors are appointed and qualified. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. No one shall be appointed to the commission who holds an elective office. Appointments shall be for a maximum of two full terms plus any portion of a term to which they might have been appointed; provided however, the Council by unanimous vote may appoint a member to a further term. Section 3. Section 6 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following: 1 j11C{ Section 6. Vacancies. It shall be the duty of the chairman of the commission to notify the City Council promptly of any vacancies within thirty days for the unexpired term of the original appointment. Section 4. Section 7 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following. Section 7. Removal from Office. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non- attendance at commission meetings without action by the City Council, according to rules adopted by the commission. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this _ day of , 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _ day of 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of 1977. -2- 3��5 di whp/jh 1/26/77 ti CITY OF EDEN PRAIRIE { HENNEPIN COUNTY, MINNESOTA i v ORDINANCE NO. 77-5 AN ORDINANCE RELATING TO HISTORICAL AND CULTURAL ADVISORY COMMISSION AND AMENDING ORDINANCE NO. 346. e THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 346 is hereby deleted and there is substituted therefor the following: Section 1. Subdivision 1 Establishing Historical and Cultural Advisory Commission• Qualifications of Members; Terms of Office. There is hereby established a Historical and Cultural Advisory Commission, hereinafter referred to as the "Commission," which shall consist of seven members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. Both original and successor appointees shall hold office until their successors are appointed and qualified. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal interests are involved in any matter coming before the commission, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Appointments shall be for a maximum of two full terms plus any portion of a term to which they might have been appointed; 3�y� provided, however, the Council by unanimous vote may appoint a member to a further term. Subdivision 2. Removal from Office: Vacancies, Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire city council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non-attendance at commission meetings without action by the City Council, according to rules adopted by the commission. It shall be the duty of the chairman of the commission to notify the City Council promptly of any vacancies occurring in member- ship, and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of , 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frans, City Clerk Published in the Eden Prairie News on the day of , 1977. -2- J�1�7 whp/jh 1/20/77 i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-6 . AN ORDINANCE RELATING TO BOARD OF ADJUSTMENTS AND APPEALS AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: Section 1. Subdivision 17.2 of Ordinance No. 135 is hereby repealed and there shall be substituted therefor the following: Subdivision 17.2. There is hereby established a separate Board of Appeals and Adjustments of the City (hereinafter referred to as "Board") which consists of seven (7) members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. Both original and successive appointees shall hold offices until their successors are appointed and qualified. The ex-officio member shall be appointed for an annual term, provided that membership on the Board shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among per- sons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal interests are involved in any matter coming before the Board, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the Board. No one shall be appointed to the Board who holds an elective office. Appointments shall be for a maximum of two full terms plus any portion of a term to which they might have been appointed; provided, however, the Council by unanimous vote may appoint a member to a further term. t x I Any member of the Board may be removed from office for just cause and on written charges by a two-thirds vote of the entire city council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non-attendance at Board meetings without action by the City Council, according to rules adopted by the Board. It shall be the duty of the chairman of the Board to notify the City Council promptly of any vacancies occurring in membership, and the city council shall fill such vacancies within thirty days for the unexpired term of the original appointment. The board shall elect one of its members as its chairman and appoint a secretary who may but may not be one of its members. Staff services for the Board shall be furnished by the City Council. The Board shall have the power and duty of hearing and deciding appeals or requests in the following cases: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circum- stances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. The Board of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The Board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Section 2. Subdivisions 17.4 and 17.5 of Ordinance No. 135 are hereby repealed and there is substituted therefor the following: Subdivision 17.4. Decision by Board of Adjustments and Appeals. Within sixty (6U) days after filing of a request for variance or an appeal from an administrative order or determination, the Board of Adjustments and Appeals shall set a date for hearing -2- . 3G49 thereon and shall hear such persons as wish to be heard either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeal or request and in the case of a request for a variance to each owner of property situated wholly or partly within feet of the property to which the variance relates insofar as the names and addresses of such owners can be determined by the City Clerk from records available to the public. Within a reasonable time after a hearing the Board shall make an order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail. Subdivision 17.5. The Board of Adjustment and Appeals shall provide for a record of its proceeding which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it including its final order. Section 3. Subdivision 17.6 of Ordinance No. 135 is hereby repealed and there is substituted therefor the following: Subdivision 17.6. Review or Appeal. (1) The appellant or petitioner may within 45 days file with the City Clerk an appeal to the Council from the decision of the Board. (2) The Council shall at its next regular meeting after the filing of an appeal to act from a decision of the Board of Adjust- ments or Appeals, set a date for hearing thereon which shall be not later than sixty (60) days after the meeting. After hearing the oral or written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting thereof. The City Clerk shall make a permanent record of the disposition of all appeals to it from decisions of the Board of Adjustments and Appeals. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this _ day of 1977, and finally read and adopted' and ordered published at a regular meeting of the City Council of said City on the day of 1977. ATTEST: Wolfgang Penzel, Mayor John D. Frane, City Clerk -3- 3Z�n Published in the Eden Prairie News on the day of , 1977. -4- ��l�J .,AH 2 r 1977 SORENSEN & SORENSEN ATTORNEYS AT LAW 9N 0up11 EuEding—N—hvv C.- 110 S—h S.-.,h Shea MINNEAPOLIS.MINNESOTA 55402 TekeMm,I6121 932-5519 Donald✓.Senn N.rold J.Soren.en IRaundl January 24, 1977 Mr. Roger Ulstad City 1.ana[,cr, City of 3den Prairie ;den Prairie City Hall 8950 ;den Prairie eoad ;den Prairie, 'Minnesota 55343 Dear Mr. Ulsted: Last Thursday, January 20, 1977, at a meeting of the Board of Adjustments and Appeals, a cony of a proposed new ordinance amending sec- tions 17.2, 17.4, 1.7.5 and 17.6 of Ordinance 135 eras presented to the members of ttr board with the request that it be read and comments thereon, if any, be directed to you. Accordingly, my comments thereon are as follows: 1. I wonder whether the membership of the board should be. increased from the present five (5) to seven (7). 11hile it is possible that a great- er cross-section of viers could be obtained by increasing.. the number of members, experience has not sho::m that the spectrum of views is too nar- row with but five members. The key to securing a cross-section of vie:•rs lies in the selection of board members, not necessarily in their number. An increase in the number of board members night lessen the likelihood that a quorum couldn't be obtained; however, I can recall but one instance in the past two years that a quorum was not in attendance. Resolution 121,31s lanrua`r,e calls for boards and commissions to be comprised of not more than seven members, but does not seem to require that all boards have the maximum permitted number of members. (It perhaps should be noted that the per:aissive statutory powers and duties provided in M.S.A. 9462.354 would scorn to make it ndviseable that the board have direct access to the city attorney or perhaps that he be in attendance at the board's meeting.s and/or that at least one of the board's members be 1learned in the law11.) 2. Unlike some of the other boards and commissions, there is no prerenuisite of an extended term of residency in the City to qualify for appointment. Pcrhap;, such a prerequisite ::rould serve a valid purpose, v.iiile on the other hand it mi.l-ht deny the city the services of some unique- ly qualified persons. 1y personal viewpoint is that arW unnecessary re- t•Ir. Roger Ulstad January 24, 1977 Page 2 strictions on membership would be unwise in that there presently are not enough qualified persons ,rilling to serve the city on its various boards and co:i1m ssions. 3. The lenrtheninr of the terms of office from one to three years and the staggering of the terms vould seem to be a positive change. There is a need for continuity in membershin so as to provide the benefit of ex- pericnce and to place matters in their historical prospective. k. I understand that the reason for having new board members' term of office commence on March 1 of each year is to permit council members to have an additional trro months' time folloving an election to contact, evaluate and select appointees. There is merit in such a position; however, there are some other factors to be weighed, such as the fact that normally advisor, boards' terms are co-terminus rzth those of the elected official or body and secondarily elections are only held every other year. 5. I have some strong personal reservations regarding the elimina- tion of the council. l.iason mc:.iber and the plerning commission member from this board. I bolieve these reservations are shared by the other members of the present board. In the abstract, it may seem to be a good idea to have a totally indeprndcnt board., to say nothing of the valid considera- tion of th-i added time demands on the council and planning commission mem- bers. Horoever, practice has sho,;n that it is highly desireable, and in some instances indisnensib1c, to the board's decision-making process that detailed knoul(�dge of past anti current council policies and planning de- cisions, practices and projects he kno;m to the board. ',:mile consistency in and of itsel:° is not necessarily a virtue, in fairness to the applicants, the other affected property o::ners, and the citinens of the city, city pol- icies should be lcno:n and eho'ald be consistently applied. If the board is unable to have the randy access to this information by means of the council and pl•,nnin_- commission members, another equally effective means should be provi:lcd. A ronortinr system i•!ould not appear to be the answer. Joint mcetin;;s pre not• timely nor have they nroved successful in the past,to say nothing- of the combined time expenditure +.hich they required. This board ie uniruc� in sore .:nys as it iti a fact-finding and decision-making body. The city's position in any court case involving a decision of this body would be .TcO:encd if this body and the council were to make different find- inCs, and/or dcci.^•ion,. This po,csibility has been and i-rould be substan- tially 3c7,;;enod by tho inclusion of council and planning commission renrtn;_ntntivos as members of this board. Further, H.S.A. W2.354, Subd. 2 provides in port, "In <rrj municipality in which the planning agency does not I1r. Rorer Ulstad innuary 21„ 1977 Page 3 act as the board of adjustments .^nd appeals, the board shall make no decision on an a.ppoal or petition until the planning agency, if there is one, or a representative authorized by it has had reasonable opportunity, not to exceed •A d..ys, to revict., and report to the board of adjustments and apper:ls upon the appeal or petition." Compliance .,dth the letter and intent of this, portion of the statute mould seem to be most easily accom— plisbed in +he present form of having a plann;np commission member sit as a member of the board of adjustments and appeals. b. I find no reference to or an inclusion of the above quoted por— tion of the applicable statute either in the present ordinance nor the proposed amendments. Perhaps, it would be advisable to do so, so that it would not be overloo':ed and could be taken into account in the operating procedures of the board. 7. I also have reservations concerning the limitation of appoint- ments to t,.:o full t.artns, etc. There are two basic reasons for n4' concern. First, historically, it has been difficult to find persons ;:d.11in„ to serve. Sccon6, continuity and experience arc provided by long term me^i— bers. In r,y cxperienc; on various city boares and commissions, I can re— call but ncnc:�.ps one person who irould have served longer than the proposed limitation, i.e. 'alph Nesbitt on tha planninr. commission, -,..hose service w�?s of treat ben^�-it to the city. To prevant such a person from rendering continued service to the city because one councilherson z:.a.s opposed would .. appear to be unreasonable. In the first piece, any appointment must pain the vo cs o" thrr^,e of thel five councilpersons, which should be a sufficient check on the sppointee's abilities. In setting up such a limitation, a diff^rent st=dard i:ould be applied to people ,:rho have un,elfishly served the city for a long period. I fail to understand the necessity for such a limitation or the reason that certain appointments could be made by a ma— jority of the council i;iiile others r,ould reouire a unanimous vote. 8. ':hilc "non--attendance" is stated to be a reason for removal of a member from the board, there is no defi,ution of that constitutes "non.- attendanco". Is it one nectin" ten mcctin;-s in three years, 25,, of the meetin in nI�, calendar year, three consecutive mcetinrs, or i:.,hat other strndar6. Also, the 1 n;ua e is permissive, i.e. "may" rather than man— datory, i.c. "shall". Hors is this discretion to be exercised. Further, this action is to be ta%cn by the board,rather than the council, according to its rules. To sane extent, this powor mit7ht be used to defeat the council`- armointmant noses-, for e•ample, by adoption of strict meeting rcnuircm^nts b;l holdover members of a boara to remove nev appointments or visa ver:;a. ?ifq Mr. RoGer Ulstad page 4 January 24, 1977 9. The ineluaion of a time limitation for the filling of vacancies is a good addition. iiosever, there is no provision to accomplish the ap- pointncnt should the council not comply. In the past, certain boards have had lonZ standing vacancies. 10. A Grammatical question, should the second "may" in line 2 of the third paraLTaph on page 2 rather be 'need". 11, Should an additional sentence be added after the first sentence of the third nararraph on page 2 to the effect that, "The board may elect such oth.,r officers 'as they deem to be advisable." I have reference here to a vico chairperson (rather than chairman) to conduct the meetings in the absence of the chairperson, etc. 12. It appears that the proposed new subdivision 17.6 provides only for review or appeal by an appellant or petitioner rather than also by'the city council,as is presently the case. Is this an intended change? 13. I have difficulty underst•mdiner subd. 17.6 (2). Should the :cords "to ect" in the second line thereof be striken? 14. At the last Board of ;1d justments snd "-ppeals meeting, there .-:as a question as to �:,nether sulxiivision 19.5 of ordinance 135 applied to the procedw•es of that board. The board ;:as informed that the city attorney had ren6er^d an opinion that 5t did not. This opinion may have been based upon the semi ate location cf 19.5 or from the onerative cord used therein, It ;•ias the board's feelinr; that either 19.5 should be amen— ded to specifically include its actions s:ithin the purvie.. of 19.5 or that a scnarate provision should be inserted in Section i7 to restrict an ap plicant or petitioner from making multiple anplicaticns over a short time spin for the same or similar appeal or variance. I i:•oltld hone that these comments are resnonsive to your request and may be of some value in the consideration of the proposed amendments. Yours �very �truly, DJS/cgc 375, whp/jh 1/18/77 i i i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE N0, 77-7 AN ORDINANCE RELATING TO THE CREATION OF A PLANNING COMMISSION FOR THE CITY OF EDEN PRAIRIE AND REPEALING ORDINANCE NO. 255. THE COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: WHEREAS, the City of Eden Prairie desires to encourage sound and harmonious growth of the community and its environs and efficiency and economy in the provision of facilities and services, to insure maximum returns for expenditure of public funds, and to avoid errors and waste resulting from*unplanned and uncoordinated development, and WHEREAS, to Lhese ends and for these purposes, it is necessary that there should be prepared and maintained in current form a comprehensive plan, with related studies, statements of policies, regulations and ordinances to guide the development of the City of Eden Prairie, and WHEREAS, it is recognized that planning is a means to these ends, and WHEREAS, the City is authorized and empowered to establish a planning commission by the provision of M.S. 462.354, NOW, THEREFORE, BE IT ENACTED BY THE City Council of the City of Eden Prairie: Section 1. Establishing Planning Commission; Qualifications of Members: Terms of Office. There is hereby established a planning commission, hereinafter referred to as the "commission," which shall consist of seven members appointed by the City Council from among the residents of Eden Prairie. j��c0 In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. r Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided however that in 1977 three members shall be appointed. The citizen members who are members of the commission, on the effective date of this ordinance shall continue to be and act as members of the commission until March 1 in the year following the year in whichtheir present term expires or until their successors have been appointed and qualified, whichever comes earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed_shall find that his private or personal interests are involved in any matter coming before the commission', he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall. be appointed to the commission who holds an elective office. Appointments shall be for a maximum of two full terms plus any portion of a term to which they might have been appointed;provided however, the Council by unanimous vote may appoint a member to a further term. Section 2. Removal from Office; Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire city council, but such member shall be entitled to a public hearing before such vote is .taken. In addition, any member may be removed for non-attendance at planning commission meetings without action by the city council, according to rules adopted by the planning commission. It shall be the duty of the chairman of the commission to notify the city council promptly of any vacancies occurring in membership, and the city council shall fill such vacancies within thirty days for the unexpired term of the original appointment. Section 3. Officers, Rules. Emolovees. Salaries and Expenses. The commission shall elect a chairman and vice chairman from among those of its members are not appointed ex-officio, and may create such other offices as it may determine. It shall provide itself with a secretary,either by election from among its members -2- !i r ?r or by appointment of an officer or employee of the city who is not a member of the commission. All members, excluding ex-officio members, shall be entitled to vote, but a secretary who is not a member of the commission shall not be entitled to vote. Terms of all elected offices shall be for one year, with eligibility for re-election. The City Attorney shall act as legal counsel for the commission. The commission shall adopt rules for its governance and for the transaction of its business, and shall keep a record of attendance at its meetings and of resolutions, transactions, findings and determinations showing the vote of each member on each question requiring a vote, or if absent or abstaining from voting indicating such tact. The records of the commission shall be a public record. Subject to approval of the city council and within limits set by appropriations or other funds made available, the commission may employ such staff,technicians and experts as may be deemed proper, and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Members of the commission shall receive no salaries or fees for their services thereon, but may receive necessary travel, per diem, and other expenses while on official business for the commission if funds are available for this purpose. Section 4. Appropriations. Fees and Other Income. The city council shall make available to the commission such appropriations as it may see fit for salaries, fees and expenses necessary in the conduct of its work. The commission shall have authority to expend all sums so appropriated and other sums made available for its use from grants, gifts and other sources for the purposes and activities authorized by this ordinance. Section 5. Functions. Powers and Duties. The functions, powers and duties of the commission shall be, in general: (a) To acquire and maintain in current form such basic information and background data as is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. (b) To prepare and keep current a comprehensive general plan for meeting present requirements and such future needs as may be foreseen. (c) To establish principles and policies for guiding action affecting development in the City and its environs. (d) To prepare anj recommend to the city council ordinances, regulations and other proposals promoting orderly develop- ment along lines indicated as desirable by the comprehensive -3- ^7 A f plan and to recommend ordinances regulating the location, height, bulk, number of stories, size of buildings and other structures, the location of roads and schools, the percentage of lot which may be occupied, the sizes of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil ` conservation, water supply conservation, or other purposes. For these purposes it may divide the City into districts or zones of such numbers, shape and area as may be deemed best suited to carry out the purposes of this subdivision. i (e) To determine whether specific proposed developments con- form to the principles and requirements for the compre- hensive plan and the ordinances. { (f) To keep the city council and thegeneral public informed and A advised as to all planning and development matters. (g) To conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan and ordinances and regulations related to it, and to establish public committees for the purpose of collecting and compiling information necessary for the plan, or for the purpose of promoting the accomplishment of the plan in whole or in part. (h) To perform other duties which may be lawfully assigned to it, or which may have bearing on the preparation or accomplishment of the plan. In connection with its duties, and within the limit of its funds, the commission may make, cause to be made, or obtain maps, aerial photo- graphs and surveys and special studies on the location, condition, and adequacy including, but not limited to: studies on housing, commercial and industrial facilities; economic development; parks; playgrounds and other recreational facilities; schools; public and private utilities; and traffic, transportation and parking. All City employees shall, upon request and within a reasonable time, furnish to the commission or its employees or agents such available records or information as may be required in its work. The commission, or its employees or agents, may in the performance of official duties enter upon lands and make examinations or surveys in the same manner as other authorized City agents or employees, and shall have such other powers as are required for the performance of official functions in carrying out the purposes of this ordinance. -4- Section 6. Plat Approved by Commission. As Boon as a major street plan is adopted by the commission and subdivision regulations have been adopted by the city council it shall became the responsibility of the commission to pass upon all proposed vacation of existing plat or portion thereof or new or amended plats coming directly or indirectly under the jurisdiction of the City. Section 7. Conflicts with Other Ordinances Separability of Provisions. All ordinances or portions of ordinances in conflict herewith are repealed. Should any section of this ordinance be held unconstitutional or void, the remaining provisions shall nevertheless remain in full force and effect. Section 8. Effective Date. This ordinance shall take effect immediately upon passage. First Read at a regular meeting of the City Council of the City of Eden Prairie this day of , 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1977. Mayor ATTEST; John D. Frane, City Clerk Published in the Eden Prairie News on the day of 1977. -5- 3VIO MEMORANDUM TO: Mayor and City Council THRU: Roger Ulstad, City Manager FROM: Marty Jessen, Director of Community Services J RE, - 'Cooperative Agreement With Riley-Purgatory Cleek Watershed District For Purchase Of Lund Property DATE: January 24, 1977 Attached is a copy of the AGREEMENT as prepared by Fred Richards, attorney for the District. The Managers have approved the project with the under- standing that the City would proceed with the purchase and the agreement would be approved retroactively. The purchase has been completed (total cost $11,000) and under the AGREEMENT the City will be reimbursed $S,SOO. The form and content of the agreement looks to be acceptable. llaa p L i ` 1 i TFu •a ..' ...-.« +p: .�Zl ..+wv I- _•__•__ __ � i..•rr A•a � ______• L pD: fi o �• ' .c' ..•1 milt; : -� ; ••rl .a m r� _C ': 1 5;'1�)/yr� ��T./l._ .,_ L.Y • ;_��... SIL� 1 `•, `>.YO ST. 1,-�J• 1� ./rwlf'_-':I. �•.��I,r L r ....T1 :M ..,. - LV:! . r•.a SI 1•: r • 1 �. R4p11w11 -------------- �:,,}rL..,� IR I r °�..,`yl .e =.�NKc .•'�y_-_ ' �` .G �o a.t. „r� 41, r v 1� _ � __ _._�.__G•,-= i Y�:.iT' � I 1 1./ L.et �/�,_ YOI�KI :/,,.- .- 1�'� ;�.� � °��'�''� �^,i�-�,.Is a{`7` ; �'+`�`�a�"�'•,:. ---�•� "wit a: ', � J' 9 L ` L=A._- _.29------ -i t -------+--•---- i I W CRAit 1' t•,s � � 4FSSY 1 : • •L mr •�� use i^—:,:,:. _ _� , RILEY-PURGATORY CREEK WATERSHED DISTRICT CITY• OF EDEN PRAIRIE Second Cooperative Agreement Acquisition and Development of Floodplain Lands Riparian to Purgatory Creek I. PARTIES The Riley-Purgatory Creek Watershed District (hereinafter "Watershed District") and the City of Eden Prairie (hereinafter "Eden Prairie") , acting by and through their governing bodies, enter into this second cooperative agreement by reason of and in recognition of the fact that the overall water and related land management plans for the Watershed District will be affected by the actions of Eden Prairie in acquiring and adopting or permitting land uses or programs inconsistent with the Watershed District's overall plan objectives for the protection, maintenance and enhancement of the Floodplain, open space, greenbelt and recreational lands adja- cent to the public waters areas of the district. II. PROJECT AREA The land area subject to this Agreement includes the lands adjacent to Purgatory Creek in Eden Prairie, said lands being com- prised of approximately sixteen and six-tenths acres and being gen- erally located north of Valley View Road and bordering Purgatory Creek on the west and being generally known as the "Lund property". The lands that are contemplated to be acquired in accordance with the terms and conditions hereof are generally shown on Exhibit A attached hereto and made a part hereof. These lands to be acquired 3'iG3 can generally be described as mostly open, gently rolling land, most of which are floodplain lands lying riparian to Purgatory Creek. There exists approximately 400 feet of frontage of the tract on Purgatory Creek. III. OBJECTIVES The Watershed District and Eden Prairie have as an objective the retention of open space, greenbelt, natural, recreational and floodplain areas of Purgatory Creek so as to preserve the same from development which could be adversely affected by flood waters or man-made construction and so as to also preserve floodplain and wetlands and the existing natural settings, topography and vegeta- tive nature of the lands immediately adjacent to the public water areas. There presently exists no proposed or actual development plans for this land area; however, its acquisition and ownership by Eden Prairie is consistent and compatable with the Purgatory Creek Open Space Corridor Study and Report prepared for and under the authority and direction of the parties hereto. Bost of the lands surrounding, the "Lund property" identified in Exhibit A attached hereto are presently owned by Eden Prairie and another purpose for acquisition of these lands is to provide a larger park and open space area to be used primarily for passive recreational purposes, including, however, the possibility of future trails. Any future plan of development of this area and authorized land uses shall be consistent with all overall plans and studies of the Watershed District and Eden Prairie for this area. ?�(t,f 2 IV. OBLIGATIONS OF PARTIES The acquisition of lands described in paragraph II is required in order to continue a program to protect Purgatory Creek and floodplain and wetland areas adjacent to the creek from incom- patable development and to preserve to the fullest extent practi- cable those lands and waters for public use and benefit. Since the District recognizes the need to implement its overall plan through cooperative projects with municipalities, and since cer- tain lands in Eden Prairie are presently available for acquisition through the cooperative efforts of the Watershed District and Eden Prairie, it is hereby agreed that Eden Prairie shall assume the ,direct responsibility for acquisition of the lands generally shown on Exhibit A. The Watershed District shall assist in the acquisi- tion of these .Lands by sharing in the acquisition costs as herein- after set forth. The funds of the Watershed District available for coopera- tive projects of this type are those obtained from the annual admin- istrative expense fund levy of the District; therefore, there exists the necessity for Eden Prairie to proceed as promptly as possible to make the acquisition with the understanding that the District's contribution to the acquisition is to be funded upon completion of the acquisition of these lands. The lands are to be acquired by Eden Prairie during the year 1977. Eden Prairie hereby agrees that it will proceed with the acquisition of these lands generally described in said Exhibit A in accordance with the terms and conditions hereof; however, in the event the Watershed District has previously paid monies to 3 a%:; Eden Prairie for the acquisition of these lands and Eden Prairie does not complete the total acquisition of said lands, Eden Prairie hereby agrees to reimburse and hold harmless the Watershed District for all costs and expenses incurred by the Watershed District in its participation thereof. V. ESTI14ATED ACQUISITION COST The Watershed District shall assume and be responsible for the payment of $5,500 to Eden Prairie. Eden Prairie represents that the total acquisition cost is presently estimated to be approximately $11,000. Eden Prairie's contribution toward the acquisition cost is estimated to be $5,50.0. Any land acquisition costs in excess of the estimated total cost shall be borne by and be the sole responsibility of Eden Prairie, it being understood that the Watershed District's sole financial obligation under this Agreement is limited to $5,500 unless otherwise modified in accordance with paragraph IX hereof. VI. MFTHOD OF PAYMNT The $5,500 payment by the Watershed District shall be eae at the tine of closing of the property acquisition, or at the tine of Eden Prairie City Council official acceptance of the commissioners' award in the event condemnation proceedings have been commenced for the acquisition of lands in the project area. Prior to making payment, the Watershed District will be furnished a certification by Eden Prairie that the acquisition contemplated by this Agree-ment has been undertaken and completed or that the commissioners have �i(�fu 4 made and filed an award in condemnation proceedings as commenced by Eden Prairie and that such award has been officially accepted by the Eden Prairie City Council. Upon receipt of the written certification, the District shall promptly pay over the amount due by check payable to the City of Eden Prairie. VII. LAND DEVELOPMENT AND USE PLAN Eden Prairie agrees to submit an overall land development and use plan for the subject area to the Watershed District, which plan shall be compatible with the terms and conditions hereof. Further, said land development and use plan shall be consistent with the floodplain regulations of the District. The Watershed District shall review and comment upon Eden Prairie's plan prior to an implementation of that plan. VIII. PUBLIC AVAILABILITY Eden Prairie agrees that these lands riparian to Purgatory Creek Park will be available to all residents of the area and the Watershed District, and that Eden Prairie will not restrict the use of the areas to residents of Eden Prairie. It is recognized that Eden Prairie may adopt regulations to cover usage of these public lands and to impose reasonable charges for such usage of the project area and its contemplated facilities in the event such usages are included in any overall development plan to be proposed in the future. 5 IX. DURATION This Agreement shall be binding upon the parties through and including the period required to complete the land acquisition and project development. Additional commitments or time extensions shall require a new agreement, and in the event it is anticipated that the project will not be completed by the end of the year 1977, Eden Prairie agrees to give notice of such fact on or before Septem- ber 1, 1977 to the Watershed District in order that said fact can be taken into account in developing the budget of the Watershed District. THIS AGREEMENT shall be in force and effect upon execution by the parties in the manner set forth in a resolution of the re- spective governing bodies approving the Agreement and authorizing the execution of this document. CI1'Y OF EDEN PRAIRIE By Mayor And City Manag3r Dated: RILEY-PURGATORY CREEK WATERSHED DISTRICT By Its 6 MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Marty Jessen, Director of Community Services . �• RE: Authorization to Advertise for Bids for TRACTOR and "BUCKET TRUCK" DATE: January 28, 1977 -• The 1977 Budget included the following capital outlay for park equipment: 1. Tractor and Mower $10,000 2. Cherry Picker Truck $13,000 We will secure bids on the Tractor and Truck with aerial basket. We will purchase the mower separately. LEGAL NOTICE The City of Eden Prairie will receive sealed bids for the following equipment: one - utility tractor one - truck with aerial basket Specifications can be obtained at the City Hall: City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Bids will be opened at 2:00 PM Central Standard Time on March 1, 1977. By order of the City Council 38�9 Feb. 1, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-11 RESOLUTION RECEIVING 1008 PETITION, ORDERING IMPROVEMENTS AND ACCEPTING BID FOR SEWER AND WATER IMPROVEMENTS SERV- ING NEW TESTAMENT CHURCH AND STEWART HIGHLANDS. I.C. 51-283 WHEREAS, the owners of 100% of the property to be benefitted from the proposed sanitary sewer and watermain under I.C. 51-283 have petitioned the City Council to construct said imporovements and to assess the entire cost against their properties in accordance with the terms of their petition letter dated January 24, 1977, attached hereto, and WHEREAS, pursuant to an advertisement for bids for the proposed improvements, bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids, and WHEREAS, the City Engineer recommends that the project is feas- ible, and that the total estimated cost is $28,200 and further recommends award of contract to American Contracting Co. as the lowest responsible bidder NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. Pursuant to M.S.A. 429.031, Subd. 3, and upon recom- mendation of the City Engineer, said sanitary sewer and water improvements for New Testament Church and Stewart Highlands, I.C. 51-283, are'hereby ordered. 2. The Mayor and Manager are hereby authorized and directed to enter into a contract with American Contracting Corpora- tion, Coon Rapids, Minnesota, in the name of the City of Eder. Prairie for the improvements aforesaid according to the plans and specifications thereof approved by the Coun- cil and on file in the office of the City Engineer. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc Clerk P-10 CITY OF EDEN PRAIRIE SUMMARY OF BIDS IMPROVEMENT CONTRACT NO.: 51-283 PROJECT DESCRIPTION: Sanitary sewer and water for New Testament Church and Stewart Highlands BIDS OPENED: 10:00 S.M.• Jan. 24, 1977 CONSULTING ENGINEER: Harry S. Johnson Companies, Inc. CHECKED BY: Dave Olson, Jim Richardson BIDDER BID SECURITY TOTAL AMOUNT AMERICAN CONTRACTING 53 Bid Bond $22,928.83 NORTHERN CONTRACTING 5• Bid Bond $26,729.65 STEPANIACK INC. 5e Bid Bond $27,730.16 PAEL NtIgXhN 5% Bid Bond $32,817.05 MONTGOMERY CONSTRUCTION 5% Bid Bond $33,533.00 BIANCONI CONSTRUCTION 5% Bid Bond $39,843.27 Recommend award of contract to American Contracting Co. of Coon Rapids, Minnesota. Carl J. Jullie, P.E. Director of Public Works Feb. 1, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-13 A RESOLUTION APPROVING FINAL PLAT OF OLYMPIC HILLS FIRST ADDITION WHEREAS, the plat of Olympic Hills First Addition has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 452 of the minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Olympic Hills First Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated January 27, 1977. B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the prel urinary plat and filing of the final plat as described in siad Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by MSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk NW, CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Member of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 27, 1977 SUBJECT: Olympic Hills First Addition PROPOSAL: The Olympic Hills Corporation is requesting final plat approval of Olympic Hills First Addition. This is a residential multiple plat consisting of single and double homes. The First Addition consists of 23 lots. HISTORY: The Preliminary Plat was approved on June 3, 1975, per Council Resolution No. 996. Zoning to RM 6.5 was finally read and approved by the City Council per Ordinance No. 304 on August 24, 1976. The Final Plat now submitted for approval conforms with the approved Preliminary Plat. UTILITIES AND STREETS: Sanitary sewer and watermain have been installed throughout this Plat by the Developer. A one year maintenance bond will be required to cover all utilities installed. Construction of roadways will be completed by the Developer in accordance with City standards. PARK DEDICATION: Pathways will be constructed by the Developer through the Plat as specified in the Planner's Report dated 9/2/75. A cash dedication in lieu of land will be required of the Plat in the amount of $3600. Outlot A will be used as a buffer area being maintained by the Olympic Hills Golf Course. BONDING: A performance bond or letter of credit approved by the City At- torney in an amount approved by the City Engineer will be required for the construction of concrete curb and gutter, bituminous roadways, screening and landscaping to separate clubhouse Rd. 6 Franlo Rd., street signs and pathways. A one year maintenance bond will be re- quired to cover all utilities installed by the developer. RECOMMENDATION: Recommend approval of the Final Plat of Olympic Hills First Addition subject to the requirements of this report and the following: 1. Execution of the "Developer's Agreement" 2. Receipt of fee for.City Engineering services in the amount of $690. ?'a?3 - MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 27, 1977 SUBJECT: Bonner-Waters First Addition Acceptance of Sewer, Water and Streets Westwood Planning and Engineering Co., in a letter dated Nov. 18, 1975, has certified that the construction of municipal sanitary sewer, watermain and streets has been completed for the Bonner-Waters First Addition (lo- cation drawing below) in accordance with City approved plans and speci- fications. The City Engineering staff has made a final inspection of these utilities and it is reco-iended that the City Council accept for continuous ownership and maintenance the sanitary sewer, watermain and streets in the Bonner-Waters First Addition, subject to a two year main- tenance fiend co::.•,encing November 1, 1976. o :. �r�l ..1�c •••. `+:..JJ p S w 5'.7,�I;�c7 �:"•=t 'It. 300. �.• Yr�I"�^ I1R sy��''ll.�rJiV �'�'` S, C\\r�,•i'•R _`'� ' ..i� OI ` •,O ,- � V ` n `'Orr. '�� .,�o - - - - ---'- --- - �•0 vy b -'t^Sf,r,--:7C ', -_lCi-1?7-__C, i°Sf•:y- i�••• �'? -II- -- 41 ;IrF/r_�{HPIN TUSi F,�£0 ,.. '•Y:'�j ,:'Yi .? 3.t�t:i_ •'r '-1,. •� ;a-64 �.. 'CjAN,i PCq rj Eta'cK :V tbs be so 123�6 's\�q� QJJ-�:t_Y�_i..`•,'�'+�11� �' • INSiPL a.E� f�=7..:� '�•...� 1. +i !u V c•\�c� �\ It ADD ��`. '+� / l�.y.H.i� ,,�V•:�w� .aye'Ivry /fig ` CC °•SOS 170,49 ,000 rI O N. . fM 1°'1 ,'+7^,•=a a a S�1�JtYA34. I i�9 6 SG ALE 1't=2o0� 0 v Feb. 1, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MI14NESOTA RESOLUTION NO. 77-15 RESOLUTION ORDERING HEARING FOR VACATION OF A PORTION OF W. 78th ST. NEAR T.H. 169 BE IT RESOLVED by the Eden Prairie City Council as follows: 1. A public hearing shall be held on the 1st day of March, 1977, at 7:00 P.M. at the Eden Prairie City Hall to consider the vacation of the following described portion of W. 78th St.: A part of the easterly 675 feet of the southwest quarter of the northeast quarter of Section 14, Township 116 north, Range 22 west, described as follows: A strip of land lying between two lines run,parallel with and distant 40 feet and 75 feet southeasterly of Line B, described below, southeasterly of a line run parallel with and distant 40 feet northwesterly of Line A, described be- low which lies northeasterly of the following described line: from a point on the east and west quarter line of said Section 14 distant 2557.59 feet west of the east quar- tet corner thereof; run northeasterly at an angle 45057' with said east and west quarter line for 603.19 feet; thence deflect to the left on a 4000' curve (delta angle 43040'45") having a length of 1091.98 feet for 415.44 feet to the point of beginning of the line to be described; thence deflect to the right at and angle of 90000' with the tangent of said curve at said point for 200 feet and there terminating. Line A. Beginning at a point on the east line of said Section 14, distant 1554.3 feet south of the northeast cor- ner thereof, thence run southwesterly at an angle of 81015' with said east section line for 1256.5 feet; thence deflect to the left on a 4000' curve (delta angle 380291) for 962.1 feet and there terminating. Line B. Beginning at a point on the east and west quarter line of said Section 14, Distant 117.5 feet east of the cen- ter line of said Section 14, thence run northeasterly at an angle of 45050' with said east and west quarter line for 717.2 feet; thence deflect to the left on a 5000' curve (delta angle 43041') for 873.7 feet and there terminating, 3�75 - 2 - 2. The City Clerk shall give proper legal notice of such hear- ing 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. Frans, Clerk MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager 'FROM: Carl Jullie, City Engineer DATE: January 28, 1977 SUBJECT: Additional Vacation of West 78th St. In November of 1975 the city Council vacated that portion of old West 78th St. which lies south of the "Wye" Mobil station, east of T.H. 169. Dub to some confusion as to the location of the easterly right-of-way line of T.H. 169, the small triangular residue (0.12 acres) of old West 78th St. was not included in the original legal description of the vacating proceedings. The W. Gordon Smith Co. has now requested that the City proceed with a new vacation procedure so that they can utilize this residue in their development plans. It is recommended that the City Council adopt Resolution No. 77-15 ordering a vacation hearing for March 1, 1977. CJJ:kh 3B'r] TO: ROGER ULSTAD FROM: JOHN FRANE DATE: 1/19/77 RE: Agreement with the Metro Waste Control Commission implementing an industrial user sewer strength charge system. Federal regulations for grants for waste treatment facilities require that the cost of sewage treatment must be born by those who contribute waste in relation to the "strength" of that waste. Of the various options available for the City to be in compliance with these regulations, the best one is to let Metro Waste monitor the strength, establish the strength charge and collect the additional service fee, if any. Industry would be required to periodically test their waste to determine if there is excess strength. In order to do this we should adopt Ordinance No. 77-1 and authorize signing of a joint powers agreement with Metro Waste. Our only function then would be to remit to the Commission any collections of delinquent charges levied as a special-assessment. The agreement is cancellable at any time 90 days prior to the expiration of the 5 year terms of a 30 year agreement. ORDINANCE NO. 77-1 L CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA j ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR COMPUTATION TH;REOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WASTE TREATAENT SERVICES ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRAIL WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE BE IT ORDAINED by the City Council of the City of Eden Prairie, County of Hennepin, Minnesota, as follows. Section 1. Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "Commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes Section 473.121, sub- i division 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon the strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against'the owner, lessee, occupant or all. of them and certify unpaid charges to the county auditor as a tax lien against the property Scrved. Section 2. Establishment of Strength Charqes. For the purpose of paying a the costs allocated to the City each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the•City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). Section 3. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 2 hereof, there is hereby established, approved and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76-172 adopted by the governing body of the Commission on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an t annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. Section 4. Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Section 2 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing therof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded mon:.nly at the rate of two-thirds of one percent (2/3a) per month on the unpaid balance due. Section 5. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 2 hereof is not paid before the sixtieth (60th) day next succeeding ;Y the date of billing thereof to the industrial user by or on brhalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 4 hereof, shall be deemed,to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the county auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest theron under any other available remedy. Section 6. Severability. 2n the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 7. Effectiveness. This ordinance shall take effect immediately. Section 8. Metropolitan Waste Control Commission Resolution No. 76-172. WHEREAS The Metropolitan Waste Control Commission did, on April 21, 1976, hold a public hearing on the Commission's proposed Strength Charge System with Mr. Robert A. Hillstrom, Attorney-at-Law, the designated Hearing Officer; and WHEREAS Such Public Hearing was held in the Metropolitan Council Chambers after due notice of such hearing was properly mailed and/or distributed to pertinent concerned parties and to the users of the system whose waste strength discharges exceeded the metropolitan disposal system average; and WHUU:AS The Metropolitan Waste Control Commission has now in hand the Public Hearing Officer's "Report on the Evidence Adduced at the Public Hearing", inclusive of specific findings and recommendations; now, therefore, HR IT RESOLVED That the Metropolitan Waste Control Commission hereby approves the Public Hearing Officer's report and findings and adopts tha following: 1. The Metropolitan waste Control Commission Strength Charge System as recommended by the Hearing Officer and determined annually by application of (a) plant unit process evaluations, (b) current quality control data, and (c) current budgeted operation and, maintenance costs for the treatment facilities. 2. The basic Strength Charge System formula as follows: A) Strength Charge Formula SCF = SR ( Rss (SS-SSo) + Rcod (COD-CODo) ) SSo CDOO where: SCF Strength Charge Factor SR Strength Phase Ratio (Strength costs to system costs for administrative and 0 & M of treatment works) Rss Suspended Solids Cost Ratio Rcod - Chemical Oxygen Demand Cost Ratio SS Suspended Solids Concentration of Discharge (SS>SSo) SSo - Suspended Solids Concentration of Base COD = Chemical Oxygen Demand Concentration. of Discharge(CODZCOD,')i. CODo Chemical Oxygen Demand Concentration of Base B) Strength Charge SC = (SCF) (V) (TW) Where: Sc = Strength Charge SCF m Strength Charge Factor V = Volume of Discharge TW Treatment Works Unit Cost FIRST READ at a regular meeting of the City Council of the City of Eden Prairie, this 1st day of February , 197 7 , and finally read, adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of April , 1977 Mayor ATTEST: John D. Frane, City Clerk STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The followird accounts were audited and allowed as follows: 01-07-77 9515 VOID OUT CHECK (4,471.17, 9,93, POSTMASTER Postage for utility bills 93.60 01-13-77 9594. PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer si ASS'N. contributions 1-7 payroll 2,233.911 9595 FEDERAL RESERVE BANK Taxes withheld 1-7 payroll 1,548.97 9596 UNITED WAY Donations withheld 1-7 payroll 22.01 9597 INTERNATIONAL UNION OF OPERATING ENGINEERS Union dues withheld for January 99.00 9598, HOPKINS POSTMASTER Postage for newsletters 260.63 01-17-77 9599 STATE BUILDING INSPECTOR 4th quarter report on building surcharges collected 3,442.69 9600, METROPOLITAN WASTE CONTROL COMMISSION December report for SAC's collected 6,583.50 9601- STATE. OF MINNESOTA-SOCIAL SECURITY DIVISION 4th quarter report 14,065.48 01-18-77 9602- JAMES JENSEN Reimbursement for materials 01-21-77 purchased-Park Planning 24.00 9603 MINNESOTA CRIME PREVENTION Dues for Wall, Tyson, Betlock and OFFICERS ASS'N. Danielski 20.00 9604 PETTY CASH Reimbursement of fund 38.19 t 9605 POSTMASTER Postage for meter 500.00 01-2.7-77 9606' PETTY CASH Reimbursement of fund 44.20 9607- UNITED WAY Donations withheld 1-21 payroll 26.01 9608 FEDERAL RESERVE BANK Taxes withheld 1-21 payroll 4,533.G7 -3 9609 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer ASSOCIATION contributions 1-21 payroll 4,144.0? 9610' INSTY PRINTS Services-Crime prevention grant 19.1 9611 VOID CHECK 01-28-77 9612 ACRO-ADROIT, INC. Office supplies August thru December 890.9A 9613 LORI ANDERSON Refund on ski lessons 20.51) 9614 ARA TRANSPORTATION GROUP Bus service-Recreation Dept. 32.' 9615 AQUATROL CORPORATIONG•r- Repair services - Water dept. 67 3 9616 ACTION REDDY RENTS v. `-Equip. rental for drainage control 24.3„ 9617 ANDERSON AGGREGATE CO. Sand-Snow and ice control 151.53 9618 AMERICAN SOCIETY FOR INDUSTRIAL SECURITY Dues for Les Bridger 40.00 9619 MINNESOTA ASSOCIATION OF ASSESSING OFFICERS Dues for Robert Martz 40.00 9620 ANALYTICAL CONSULTANTS �,B_ Polygraph exam-Public Safety dept. 50.0 9621 EARL F. ANDERSEN & ASSOC.✓I Siqns-Public Works dept. 2,232.95 9622 AWARDS, INC. Trophies-Softball 42.15 9623 ARMCO STEEL CORPORATE Ofl Materials for drainage control 80.0o 9624 BROWN PHOTO ( Services-Public Safety dept. 100.86 9625 BITUMINOUS ROADWAY , INC. "'' Services-Paving Scenic Heights 2,428.21 9626 BOUSTEAD ELECTRIC ` Repairs-P.W. & Fire Bldg. 26.75 9627 BRAUER & ASSOC., NC. Services- Guide Plan 1,203.50 9628 KAY BISCHOFF Refund on cross country skiing 12.00 9629 DELORES BEYER I-� , Refund on A Reflection of You 15.00 '. 9630 BRUNSON INSTRUMENT CO,a� ) � Repair supplies-Water dept. 45.15 ; 9631 BURNER SERVICE CONTROLS Repair furnace-Public Works garage 56.25 January 28, 1977 Y' 01-2B-77 9632 BLOOMINGTON LOCKSMITH CO. Keys-Public Safety dept. 8.50 9633 BATTERY WAREHOUSE SERVICE Equipment parts 163.90 `# 9634 CUTLER-MAGNER CO. Quicklime-Water dept. 1,139.72 9635 JOHN CONLEY Reimbursement for supplies-Public Safety dept. 411 9636 CARGILL SALT DEPT. Deicing salt 497:36 9637 CURTIN MATHESON SCIENTIFIC, INC. Lab supplips-Water d 71.55 .9638 CHANHASSEN LAWN epair snowmobile-/ep �""' 245.02 ` `�' 9639 CHASE BRACKETT CO.,p,4A4-/td- Appraisal services-Park dept. 400.00 9640 CHANHASSEN AUTO PARIS Equipment parts - `r Ayr,- 302.15 9641 CROWN RUBBER STAMP Desk signs & inserts-Public Safety 13.95 9642 DALCO Cleaning supplies- ater d�pt. 163.10 9643 DORHnLT PRINTING Services P.S. - 714-� 423.25 9644* CHRIS ENGER Mileage 20.74 9645 EDEN PRAIRIE SCHOOLS Gasoline for ent 2,704.43 9646 R9PFRT FLINT In-service" fining- ublic Safety 105.00 ' 9647 FORESTRY SUPPLIERS, INC. Supplies-Par nning A.s-,ram-• 22.72 9648 FRONTIER LUMBER Materials -- � 399.24 9649 DENISE GAGNON Refund on figur skating class 5.00 9650 DICK GAREY Refund on cross country skiing 3.00 9651 SHARON GAGNON Refund on cross country skiing 6.50 9652 GENERAL SAFETY EQUIPMENT Pressure gauge-Fire dept. 16.50 9653 GUY'S AUTO SUPPLY, INC. Equipment parts 18.94 9654 GUNNAR ELECTRIC CO., INC. Services-City Hal and Fire Nall 235.73 " . 9655 HAROLD CHEVROLET Equipment parts "r 15.30 9656 HONEYWELL Maint. Water dept. 979.00 9657 MARK HURD AERIAL SURVEYS Topography 980.00 9658 HUSTAD DEVELOPMENT Refund for topography order 98.50 .' 9659 HACH CHEMICAL CO. Lau testing supplies-Water dept. 72.41 : 9660 MARK HANSON Snowmobile safety refund 2.00 9661 MIKE HAUGEN Snowmobile safety refund 2.00 9662 HONEYWELL PROTECTION SERVICES Public Safety office alarm 118.00 9663 JOHN HACKING Expenses 2.00 9664 HOWARO NEEDLES TAMMEN & BERGENDOFFServices-Schooner Blvd. 251.66 9665 HENNEPIN COUNTY Supplies-Public Works and Engr. 286.91 9666 HENNEPIN COUNTY Gasoline for equipment 11,336.42 9667 HENNEPIN COUNTY Taxes-Park dept. property (i.t- 5,467.70 966B HENNEPIN COUNTY 4-6- A**,,) Rental equip.-Public Safety dept. 101.25 9669 INSTY PRINTS Services-Gyiinastics certificates 9.10' 9670 INSTRUMENTATION SERVICES, INC. Radar testing-Public Safety dept. 49.00 9671 JUVENICE OFFICERS INSTITUTE Police training 80.00 . 9672 JEAN JOHNSON Mileage 6.45.; 90- JAMES JENSEN Services and mileage-Park Planning 376.47 9674 CARL JULLIE Jan. expenses 1D7.00' 9675 KLEVE HEATING a o k Repair to furnace at rented house - Park Dept. 51.64:, 9676 KOKESH Jackets-Skating supervisors 49.66, 9677 KRIEG LETTER CO. Printing-Official statements 141.25 967E LEAGUE OF MINNESOTA CITIES Legislative bulletin subscription 60.00. 9679 LAKE REGION MUTUAL AID ASS'N. 1977 Lake Region Fire League dues 10.00 9680 JOHN LATZKE Mileage 10.50 96B1 LITTON EDUCATIONAL PUBLISHING, Books-Park Planning dept. 14.16; 9682 MINNESOTA FIRE-PROTECTION COUNCIL Membership for Ray Mitchell 4.00: 9683 MINNESOTA RECREATION & PARK ASS'N. Board and commission membership 60.00 9684 MCGOUGH CONST. Refund on overcharge on SAC units 8,820.00` 3 h� January 28. 1977 01-28-77 9685 MINNESOTA PARK & RECREATION ASS'N. Registration of volleyball teams 48.00 9686 METROPOLITAN WASTE CONTROL COMMISSION Feb. sewer service charges 13,076.47 9687 MINNESOTA RECREATION & PARK ASS'N. Membership for Wes Dunsmore 20.00 9688 MINNESOTA PARK SUPERVISORS ASS'N. Membership for Wes Dunsmore 15.00 9689 MEDCENTER HEALTH PLAN Employees insurance 598.64 9690 METROPOLITAN AREA MANAGEMENT ASS'N. Dues for Roger Ulstad 5.00 9691 MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES Employer contribution 212.50 9692 MAYVIEW RADIO Repairs 22.40 9693 MINNESOTA CHIEFS OF POLICE ASS'N. Membership dues for Keith Wall 20.00 ' 9694 MEDICAL OXYGEN Oxygen-Fire dept. 43.98 9695 METROPOLITAN FIRE EXTINGUISHER Recharge extinguishers 19.75 9696 MINNESOTA POLICE AND PEACE OFFICERS ASS'N. Membership dues 84.00 9697 MILLER DAVIS Ballot cards-Election 91.00 9698 MERIT PRINTING Service-Office supplies 140.60 " 9699 MINNEGASCO Service 2,505.70 9700 DAVE NELSON Snowmobile safety refund 2.00 9701 NORTHERN STATES POWER Services 4,640.73 9702 NORTHWESTERN BELL Services 1,688.22 9703 OLYMPIC HILLS CORP. Refund on overpayment for liquor license 100.00 9704 LYLE E. OLSON Refund on license paid twice 60.00 ; 9705 PAKO FILMSHOPS —,Projector and film-Public Safety dept. and film for Planning dept. 265.56 : 9706 POPHAM, HAIK LAW FIRM Appraisal-Krahl property 650.00 ' 9707 RICHARD PUTNAM Dec. expenses 107.90' 9708 PLECTRON CORPORATION Supplies-Fire dept. A 126.52 ., 9709 PERBIX, HARVEY, SIMONS, & THORFINNSON Services 760.00 9710 PHOTO MILL Camera-Assessing dept. 165.78< 9711 RY8AK DIGGING & TRENCHING SERVICE Repair broken stop box-Water dept. 125.00 ' 9712 REALTY HOUSE Refund on overpayment of escrow deposit 725.00: 9713 CAROL ROGERS Refund on A Reflection of You 15.00: 9714 JIM RICHARDSON Mileage for travel to Traffic Engineering School 110.50' 9715 R. C. PRINTING CO. I. D. Cards-Public Safety dept. 16.25. 9716 RIEKE-CARROLL-MULLER & ASSOC. Services-Preserve Blvd., School Road Paving, Mitchell Lake-Pemtom 2,371.38, 9717 STATE TREASURER Snowmobile safety registration 32.00 9718 SEARS ROEBUCE AND CO. Ladder-Water dept. 129.99 9719 SMALL TOWNS INSTITUTE Subscription-Engr. dept. 25.00 9720 STATE OF MINNESOTA Registration on trailor 4.50; 9721 SPRAGG ELECTRONICS, INC. Service on radar-Public Safety 7.50 9722 SATELLITE INDUSTRIES, INC. Portable restrooms-Skating rinks 150.86 9723 TOWNS EDGE FORD Repair service to equipment 302.80 9724 CRAIG TRUEMPI Snowmobile safety refund 2.00 9725 UNDERWRITERS LABORATORIES, INC. Subscriptions-Bldg. dept. 19.50 311"G January 28, 1977 01-28-77 9726 UNIVERSITY OF MINNESOTA Registration for workshop for Jim Zaic 35.00; 9727 VICTORIA FIRE DEPT. Registration fee for firemen 48.00 9728 UNIFORMS UNLIMITED, INC. Uniforms-Public Safety dept. 9.00 ' 9729 ERIC WESTPHAL Gymnastics refund 10.00': 9730 SANDY WERTS Reimbursement for postage 3.73, t 9731 KEITH WALL Expenses 7.31 a tl ' 9732 WENZEL PLUMBING & HEATING Repairs- Water dept. 320.68 9733 WATER PRODUCTS CO. Repair parts and meters 5,564.68;' 9734 ZECO Equipment parts 27.52; 9735 XEROX CORPORATION Service and supplies 1,048.71. 9736 ZIEGLER, INC. Equipment parts 30.95; 9737 JOHN FRANE Expenses 104.80 TOTAL 113,978.06' 316� ;i CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST February 1, 1977 i i CONTRACTOR (1 & 2 FAMILY) HEATING & VENTILATING (con't) Earl Anderson Home Builders Berghorst Plumbing & Heating Marvin H. Anderson Co. Pokorney Plumbing & Heating Burton Development Co. Yale, Inc. Diamond Construction Martin Home, Inc. GAS FITTER Chuck Norton Construction Palmer House Builders Advanced Heating & Air Conditioning, Inc. Raven Construction Co. Berghorst Plumbing & Heating Registry Homes, Inc. Fredrickson Heating & Air Conditioning Schler Builders, Inc. Gas Supply, Inc. T & E Construction Gopher Heating & Sheet Metal Urban Unit Corporation Grendahl Mechanical, Inc. Windsor Development Corp. Kleve Heating & Air Conditioning, Inc. Nielson Heating & Air Conditioning CONTRACTOR (Multi-_f_a_rily& Comm. Pokorney Plubming & Heating Pierre Aircon Corp. ABJ Enterprises, Inc. George Sedgwick Heating & Air Conditioning B & V Construction Co. Rouse Mechanical Kraus-Anderson of Minneapolis State techanical Hipp's Construction Co. Steins, Inc. Hirsch Bros., Inc. Superior Contractors, Inc. Mark Z. Janes Assoc. Wenzel Plumbing & Heating, Inc. Scott Construction Corp. Yale, Inc. Starkey Labs, Inc. PLUMBING HEATING & VENTILATING Berghorst Plumbing & Heating Boulevard Sheet Metal & Htg. Budget Plumbing Corp. C. 0. Carlson Air Conditioning Raymond E. Eaeg Plurbing Centraife, Inc. Hopkins Plumbing & Heating Co. H. Conrad Manufacturing, Co. Madsen Plumbing & Heating State Mechanical Minnesota Valley Plumbing Steins, Inc. Project Plumbing Superior Contractors, Inc. Southwest Plumbing Thompson Air Conditioning State Mechanical Advanced Heating & Air Cond. Steins, Inc. Fredrickson Heating & Air Cond. Superior Contractors, Inc. Gopher Heating & Sheet Hetal Wenzel Plumbing & Heating, Inc. Crendahl Mechanical, Inc. Westonka Plumbing & Heating, Inc. Kleve Heating & Air Cond. West Suburban Plumbing Nielson }seating & Ail Cond. Yale, Inc. Pierre Aircon Corp. George Sedgwick Heating & Air Cond. WATER SOFTNER Rouse Mechanical Culligan Water Conditioning a, Clerk's License List Page 2 SCANVENGER FOOD ESTABLISHMENT - Type A Roto-Rooter Carousel Snack Bars of Minnesota Suburban Sewer Service General Nutrition Center Jake's Pizza & Ice Cream GARBAGE & REFUSE COLLECTION Sears, Roebuck and Co. S. Snelling Able Sanitation Inc. Super Sam's Ralph W. Bright Swiss Colony Browning-Ferris Industries Winchell's Donut House Eden Prairie Sanitation The Wye Cafe Village Saitation, Inc. Woodlake Sanitary Service, Inc. FOOD ESTABLISHMENT - Type C PRIVATE KENNEL LICENSE Barberio Cheese House Eden Prairie Grocery Clayton Brace Karp's Twin City Supply Martin A. Diestler Lyon's Tap Charles Gould Olympic Hills Golf Club Harold W. Jenkins My Cheese Shop Theodore G. Smith Nutrition World, Inc. COM'.E'RCIAL YENNU LICENSE RETAIL CANDY STORE Kingdale Kennels Sears, Roebuck and Co. The A'ye Cafe CIGARETTES & TCSA_C_CO VENDING MACHINES Acorn Vending Eden Prairie Skelly Canteen Company of Minnesota Pipe Den Gold Medal Beverage Q Petroleum The Wye Cafe MECHANICAL AMUSEIIE:NT DEVICES Aladdin's Castle, Inc. -ITEATRE (In-d(jor) Movies at Eden Prairie These licenses have been approved by the department head responsible for the licensed activity. Rebecca Quernemoen, Deputy Clerk ��8 J iiinutcs _7_ January 14, 1975 Meyers moved to act on the Clerk's License List at•this time in the meeting, Penzol seconded. I•lotion carried unanimously. IV. REPORTS OF OFFICERS, BOARDS AND COI•26IISSIONS: D. Report of Finance Director. 1. Clerk's License List. Mr. Gould requested the Council renew his license for a private kennel even though some of his neighbors were against it. He presented about 18 letters from friends and neighbors stating his dogs are not vicious. He said a lot of money has been spent to build up the kennel, that he cleaned the kennel three times a week, and did try to keep his dogs' quiet. Mr. Harvey Hladky said he wanted to see the letters presented to the Council. Mr. Dale Evans stated Mr. Gould's license when first now issued was for only 12 dogs and there are many more and they howl at all hours of day and night. He said Mr. Gould (1) could not be trusted (2) could not handle his dogs (3) b::at the dogs (4) electrocuted them if they barked and (5) had some of the dogs trucked away in the, last few: days. i;r. Evans presented a letter from his Veterinarian rc;Earding an incident :hire one of the dogs got loose and attacked Evan's pet lamb so viciously, the lamb had to be put to sleep. Officer Wall inspected the kennel in question without the owner's pe.m ission and walked among the dogs without being bit. He said if all ordinances were to be enforced, most of thi: p::ople at the meeting compiniring of the dogs would be in trouble. Thore were junked cars in front of one house and in the yard of another, tcn to twelve hors;:s on a one-acre lot. Mrs. Pauly mentioned a similar experience with a dog attaching one of th air pet lambs and yet the dog showed no other signs of being vicious. Mr. Hladky said it was not just the lamb incident, but the dogs howl all the time and disturb the neighbors. Also, the sane dog killed a neighbor's cat. Mrs. Meyers asked Mr. Gould how the dog got loose, how long the dog was loose and if the if the dogs were being mistreated. Mr. Gould said the harness clip broke as it was rusty allowing the dog to get loose. The; dog was loose for only a fcw hours as lie couldn't catch it by himself. He denied mistreating the dogs and stated he uses a �19U • January 14, 1975 Minutes -8- pellet gun to shoot th;:m in the roar when they bark,. however, due to heir thick fur, it does not hurt them - just stings. It is an appro- .ed dog-handling practice. lie told tho Council he got rid of dog involved in the lamb incident the same day and triod .to replacee tha Evans' lamb, but 1•ir..Evans would not accept the lambs. ; Mayor Osterholt asked 14r. Gould why he had more than the 12 dogs originally approved. 11r. Brent Prciaise, representing 11r. Gould, stated the original license was for 12 dogs, but after six months, he received approval for 18 dogs. The reason there are more dogs is some of them are under six months old and arc f rom the litters of his dogs. Mr. Karl Kurtz *said the dogs are noisy. 11r. Perbix suggested Officer Wall check the situation every so often. 14r. Evans stated in Decenber of '72, they appeared before the Council k to state their opposition to renewal of his license. The Council set up a private mooting, hoerover, they were unable to attend. lie said they did not receive notice that Nr. Gould was grantad permission to have more dogs. firs. Stenehjam stated the dogs do howl just before they arc to be fed, but she does not, find it offensive. '1rs. 1leyors ncicod if there eras an cnclosuro for the dogs I•rhile being ni.tched to the sled so theyy could not get loose. 11r. Gould said he does not have ouch an onclosurc. ldayor Osterholt asked if each dog was licensed and 11r. Gould replied they weren't, but he would do so if required. 11r. Evans stated he was not out to do harm to 14r. Gould, but wanted the: dogs out of thc�ra and offered to let him use his truck to do this and would help him if necessary. 14r. Pcnzol asited if the Ordinance dial not cover this situation, what was the City's legal right. Mr. Parbix e>plcinod the Ordinance is not perfectly clear as to what constitutes a nuisance concerning dogs. Officer }lacking s:id the kennel was inspected nd by the Public Safety the same then as popt. sir, weeks prior to the complaints when they completed their more recent inspection. lie suggested the Council monbers go out and look at the kennel. ldeycrn moved to approve the liccnso for 18 adult dogs and a maximum of seven pups and direct the Public Safety Dcpt. to make six random inspections prior to Septombor 19 1975, keep a log of verified complaints and report back to the Council at the first meeting in Sc A crib;•r, 1975 and for Mr. Gould to provide enclosure for dogs while being hitched to sled. Penzel cecnnded. motien carried unanimously.