HomeMy WebLinkAboutCity Council - 02/15/1977JOHN FRANE
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 15, 1977
COUNCIL MEMBERS:
COUNCIL STAFF:
7:00 PM, CITY HALL
Mayor Wolfgang Penzel, Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam;
Finance Director John Frane; Director of
Community Services Marty Jessen; Engineer
Carl Jullie; Joyce Provo, Recording
Secretary
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, FEBRUARY 1, 1977 Page 3943
III. PUBLIC HEARINGS
A. Sanitary Sewer and Watermain Improvements on Heritage Road, Page 3951
I.C. 31-290 (Continued Public Hearing) (Resolution No. 1220)
B. Vacation of Earl Drive plus the drainage and utility easements Page 3952
in the Topview Acres 1st Addition (Resolution No. 77-20)
IV. PETITIONS, REQUESTS & COMMUNICATIONi
A. Request to set a Public Hearing for Garrison Forest Subdivision Page 3953
in The Preserve (Communication dated 2/9/77 from Hans T. Hagen,
Jr., President of Ban Con, Inc.)
V. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 338, creating a Community Based Page 3954
Services Board to assist all supervised residential programs or
social rehabilitation programs
B. 2nd Reading of Ordinance No. 354 Stewart Highlands, approving Page 3957
the request for Stewart Prowties to rezone Topview Acres
1st Addition from Rural to RM 6.5 for single family and/or double
bungalow dwellings and rezoning agreement.
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
B. Report of Acting City Manager
1. Preliminary Review of 1977-78 Council Objectives
Page 3963
2. Board of Review Meeting_
Council Agenda - 2 - Tues.,February 15, 1977
VI. REPORT OF OFFICERS, BOARDS & COMMISSIONS (continued)
C. Report of Director of Community Services
1. Raze property appraisal
2. Appointment of an Assistant Weed Inspector
3. Discussion of the Joint School/Park site at Round Lake
D. Report of City Engineer
I. Final Plat approval for Stewart Highlands (Resolution No.
77-21)
2. Receive 100% petition, order improvements and preparation
of plans and specifications for utility and street
improvements in Stewart Highlands (Resolution No. 77-22)
3. Approve plans and specifications and order advertisement
for bids for T.H. 169 improvements from 1-494 to 1/4
mile South of Schooner Boulevard, I.C. 51-269
(Resolution No. 77-23)
Page 3965
Page 3967
Page 3968
Page 3971
Page 3973
4. Annual agreement with Rieke, Carroll, Muller Associates, Inc., Page 3974
for consulting engineering services
E. Report of Finance Director
I.. Payment of Claims Nos. 9738 - 9850 Page 3982
NEW BUSINESS
ADJOURNMENT.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 1, 1977
COUNCIL MEMBERS:
COUNCIL STAFF PRESENT:
7:00 PM, CITY HALL
Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Dave Osterholt
Sidney Pauly
City Manager Roger Ulstad; City Attorney
Harlan Perbix; Director of Community
Services Marty Jessen; Finance Director
John Frane; City Engineer Carl Jullie;
Joyce Provo, Recording Secretary
INVOCATION: City Manager Roger Ulstad
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Bye moved, seconded by Osterholt, to approve the Council Agenda
as published. Motion carried unanimously.
II. MINUTES
A. Minutes of the Council Meeting held Tuesday, January 11, 1977.
MOTION: Meyers moved, seconded by Osterholt, to approve the Council minutes
of January 11, 1977 as published. Motion carried unanimously.
B. Minutes of the Council Meeting held Tuesday, January 18, 1977.
MOTION: Osterholt moved, seconded by Meyers, to approve the Council minutes
of January 18, 1977 as published. Motion carried unanimously.
C. Minutes of the Special Council Meeting held Tuesday, January 24, 1977.
MOTION: Meyers moved, seconded by Bye, to approve the Council minutes of
January 24, 1977 as published. Motion carried unanimously.
III. PUBLIC HEARING
A. Vacation of a portion of Franlo Road in the proposed Olympic Hills
2nd Addition.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and adopt Resolution No. 77-10, vacating a portion of Franlo Road in the
proposed Olympic Hills 2nd Addition. Motion carried unanimously.
Council Minutes - 2 - Tues.,February 1, 1977
IV. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Mark Allen Lewis to appeal the Board of Appeals & Adjustments
decision to deny a 30 foot setback on Lot 2, Block 3, Kings Forest
Addition to Stevens Heights.
Mark Allen Lewis appeared before the Council and requested that
a Public Hearing be set to consider his request for a 30 foot setback.
MOTION: Osterholt moved, seconded by Pauly, to set March 1, 1977 as
the Public Hearing date to consider the request of Mr. Lewis for a
30 foot setback on Lot 2, Block 3, Kings Forest Addition to Stevens
Heights. Motion carried unanimously.
B. Communication from Donald Peterson, Edenvale, regarding future
development in Recreation Center.
City Manager Ulstad referred to communication from Donald Peterson,
Edenvale, dated January 25, 1977. He further explained that Mr. Peterson
has requested to appear before the Council.
Donald Peterson stated that one viable business Edenvale has been able
to successfully attract are bowling alleys, and they have been in contact
with 4 different bowling alleys over the past year and one-half. After
this much effort in trying to attract this type of business in the
Edenvale area, he explained it has become evident that there will not be
a bowling alley built now or in the future without a liquor license.
Mr. Peterson further noted that if the City wishes to have this type
of use in Eden Prairie, the Council should consider granting a liquor
license. The people Edenvale is in contact with at the present time
are planning to build a bowling alley in Eden Prairie and are strongly
considering Edenvale, however, they say liquor is a necessity. Mr. Peterson
requested the Council consider this matter in their decision regarding
liquor licenses, and in the event the Council chooses not to issue a liquor
license for that use, Edenvale is going to have to think about other
uses. Mr. Peterson requested direction from the Council.
No action taken.
V. ORDINANCES & RESOLUTIONS
A. Resolution No. 77-16, authorizing the issuance of Municipal Industrial
Development Bonds for Minnesota Protective Life
City Manager Ulstad spoke to Resolution No. 77-16 and recommended
approval of same
Meyers referred to the six criterias adopted by the City Council
before issuing Municipal Industrial Development Bonds.
Finance Director Frane answered questions of Council members.
MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 77-16,
authorizing the issuance of Municipal Industrial Development Bonds for
Minnesota Protective Life. Pauly, Bye, Meyers and Penzel voted "aye";
Osterhold "abstained". Motion carried. .
34)4/
Council Minutes - 3 - Toes. ,February 1, 1977
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
I. Pauly updated the Council on the Historical and Cultural
Commission, noting that the Commission has had three meetings
and is in the process of drawing up guidelines which will
be brought before the Council when formalized.
2. Mayor Penzel spoke to the following items:
a) Letter from Governor Perpich on the energy crisis,
b) Communication from County Attorney Flakne regarding
public forums to be conducted in communities on
criminal justice, and
c) January 22nd meeting with our State Legislators.
3. Meyers questioned if City Manager Ulstad has considered
a four-day week. Ulstad explained that steps were taken
immediately to turn the thermostat down to 65 degrees during
the day, and 60 degrees at night. He further stated that
he was not sure it would be advantageous as to the City's
contribution to the energy crisis to go to the four-day
week.
Report of City Manager
I. Council Programs for 1977-78
City Manager Ulstad spoke to iter3 submitted by Council
members.
MOTION: Meyers moved, seconded by Pauly, to continue
this item to the February 15th Council meeting for
preliminary review, with informal discussion to take place
under the "New Business" during this evening's Council
meeting. Motion carried unanimously.
Council members requested that one list be compiled as
there is duplication in the 3 lists which were submitted;
and that staff add their suggestions to the list.
2. Review of Preliminary Draft Ordinances on individual Boards and
Commissions
Discussion took place regarding the various boards and commi
s
s
i
o
n
s
.
Osterholt felt five members would be appropriate on the Boar
d
o
f
Appeals & Adjustments.
Bye questioned if the Council could mandate the two year res
i
d
e
n
c
y
period on the Planning & Zoning Commission. Osterholt agree
d
that this should not be in the ordinance.
391-1",
Council Minutes - 4 - Tues.,February 1, 1977
2. Review of Preliminary Draft Ordinances on individual Boards and
Commissions (continued)
William Bearman, member of the Planning & Zoning Commission,
favored membership of students on the Parks, Recreation &
Natural Resources Commission, and the continuance of Council
liaisons to the various Boards and Commissions so as not to
isolate the Council members from citizens who appear at
Commission meetings but do not attend Council meetings.
Osterholt explained that the ordinances do not preclude Council
members from attending the commission meetings and voicing their
opinions.
William Garens, member of the Parks, Recreation & Natural Resources
Commission, expressed his opinions on the following: a) Students
have created a problem on the Parks, Recreation & Natural Resources
Commission and feels they have been swayed by people who appear
before the Commission. Would rather see the student members in an
advisory capacity; b) In favor of Council members recommending
people for the various boards and commissions to the Mayor, with the
Mayor making the appointments with the consent of the Council;
c)Stated both pros and cons on whether a person who holds another
elective office should be appointed to serve on a commission or board,
but stated there is a need for contact; d) Feels terms on Commissions
should not be limited as this would jeopardize good people from
serving; e) Reappointments of members should be left to a majority
vote of the Council, and that no member shall serve more than 9 years
would be better than six.
Fred Baumann, 10805 Valley View Road, also felt by limiting terms the
City would loose valuable experience. Mr. Baumann spoke in favor
of having student members on the Parks, Recreation & Natural Resources
Commission with full voting rights as this is the group the Commission
is serving.
Bye stated there are enough qualified people in the high school and
middle school and if they, with the proper recommendations, have the
qualifications to earn a seat on the Parks, Recreation & Natural Resources
Commission,they should be required to do the job in the full fledged
way as everyone else does.
Meyers expressed her concern and would feel more comfortable if the
ordinances would read "a majority vote" would appoint to a further
term rather than "unanimous vote".
MOTION: Osterholt moved, seconded by Bye, to approve the 1st
Reading of Ordinance No. 77-2, relating to the Human Rights Commission
and amending Ordinance No. 111 as amended. Osterholt, Bye and Pauly
voted "aye", Meyers and Penzel voted "nay". Motion carried.
39 qC
4
Council Minutes
- 5 - Tues.,February 1, 1977
1
2. Review of Preliminary Draft Ordinances
o
n
i
n
d
i
v
i
d
u
a
l
B
o
a
r
d
s
a
n
d
Commissions (continued) .
MOTION: Osterholt moved, seconded by
B
y
e
,
t
o
a
p
p
r
o
v
e
t
h
e
1
s
t
Reading of Ordinance No. 77-3, relating
t
o
P
a
r
k
s
,
R
e
c
r
e
a
t
i
o
n
&
Natural Resources Commission and amendi
n
g
O
r
d
i
n
a
n
c
e
N
o
.
2
9
1
.
Osterholt, Bye and Pauly voted "aye", Meyers and Penzel voted
mnay'. Motion carried.
General discussion took place regarding
O
r
d
i
n
a
n
c
e
N
o
.
7
7
-
4
,
relating to the Industrial Commission.
Osterholt thought the Industrial Commis
s
i
o
n
a
v
i
a
b
l
e
c
o
m
m
i
s
s
i
o
n
,
and recommended to the Council that the
o
r
d
i
n
a
n
c
e
b
e
e
n
a
c
t
e
d
and members recruited.
Meyers questioned if the Chamber of Comm
e
r
c
e
d
o
e
s
n
'
t
f
u
l
f
i
l
l
what is called for in Ordinance No. 77-4
.
MOTION: Osterholt moved, seconded by By
e
,
t
o
a
p
p
r
o
v
e
t
h
e
1
s
t
Reading of Ordinance No. 77-4, relating
t
o
t
h
e
I
n
d
u
s
t
r
i
a
l
Commission for the City of Eden Prairie
a
n
d
a
m
e
n
d
i
n
g
O
r
d
i
n
a
n
c
e
No. 79 as amended. Osterholt, Bye and
P
a
u
l
y
v
o
t
e
d
"
a
y
e
"
,
Meyers and Penzel voted "nay". Motion c
a
r
r
i
e
d
.
MOTION: Osterholt moved, seconded by B
y
e
,
t
o
a
p
p
r
o
v
e
t
h
e
1
s
t
Reading of Ordinance No. 77-5, relatin
g
t
o
H
i
s
t
o
r
i
c
a
l
a
n
d
C
u
l
t
u
r
a
l
Advisory Commission and amending Ordin
a
n
c
e
N
o
.
3
4
6
.
O
s
t
e
r
h
o
l
t
,
B
y
e
and Pauly voted "aye", Meyers and Penze
l
v
o
t
e
d
"
n
a
y
"
.
M
o
t
i
o
n
c
a
r
r
i
e
d
.
MOTION: Osterholt moved, seconded by P
a
u
l
y
,
t
o
a
p
p
r
o
v
e
t
h
e
1
s
t
Reading of Ordinance No. 77-7, relatin
g
t
o
t
h
e
c
r
e
a
t
i
o
n
of a
Planning Commission for the City of Eden Prairie and repealing
Ordinance No. 255. Osterholt, Pauly an
d
B
y
e
v
o
t
e
d
"
a
y
e
"
,
M
e
y
e
r
s
and Penzel voted "nay". Motion carried.
3. Set Public Hearing for Ordinance No. 77-
6
,
r
e
l
a
t
i
n
g
t
o
B
o
a
r
d
o
f
Appeals & Adjustments and amending Ordin
a
n
c
e
N
o
.
1
3
5
.
MOTION: Osterholt moved, seconded by Me
y
e
r
s
,
t
o
s
e
t
F
e
b
r
u
a
r
y
1
5
,
1977 as the Public Hearing date for Ord
i
n
a
n
c
e
No. 77-6, relating
to Board of Appeals & Adjustments and a
m
e
n
d
i
n
g
O
r
d
i
n
a
n
c
e
N
o
.
1
3
5
.
Motion carried unanimously.
MOTION TO RECONSIDER: Pauly moved, sec
o
n
d
e
d
b
y
O
s
t
e
r
h
o
l
t
,
to
reconsider the previous motion. Motion carried un
a
n
i
m
o
u
s
l
y
.
MOTION: Pauly moved, seconded by Oster
h
o
l
t
,
t
o
s
e
t
M
a
r
c
h
1
,
1
9
7
7
as the Public Hearing date for Ordinan
c
e
N
o
.
7
7
-
6
,
r
e
l
a
t
i
n
g
t
o
Board of Appeals & Adjustments and ame
n
d
i
n
g
O
r
d
i
n
a
n
c
e
N
o
.
1
3
5
.
Motion carried unanimously.
C. Report of Director of Community Ser
v
i
c
e
s
I. Cooperative Agreement with Riley-Pur
g
a
t
o
r
y
C
r
e
e
k
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
for Purchase of Lund Property
Director of Community Services Jessen spoke to the cooperative
3 ,41
Council Minutes
- 6 - Tues.,February 1, 1977
1. Cooperative Agreement with Riley-Purgatory Creek Watershed District
for Purchase of Lund Property (continued)
agreement and recommended approval of same.
MOTION: Meyers moved, seconded by Osterholt, to authorize
the City Manager and Mayor to enter into the Second Cooperative
Agreement with the Riley-Purgatory Creek Watershed District
for purchase of the Lund Property. Motion carried unanimously.
2. Authorization to advertise for bids for Tractor and Bucket
lruck.
MOTION: Osterholt moved, seconded by Meyers, to authorize the
City to advertise for bids for Tractor and Bucket Truck, bids
to be opened and received on February 25, 1977. Motion carried
unanimously.
D. Report of City Engineer
1. Consider bids for sanitary sewer and watermain improvements
serving the New Testament Church and Stewart Highlands,
I.C. 51-283.
City Manager Ulstad spoke to bids received and recommended
acceptance of the bid from American Contracting in the amount
of $22,928.83
MOTION: Osterhoit moved, seconded by Bye, to adopt Resolution
No. 77-11, receiving 100% petition, ordering improvements and
accepting bid for sewer and water improvements serving New
Testament Church and Stewart Highlands, I.C. 51-283. Motion
carried unanimously.
2. Final Plat approval for Olympic Hills 1st Addition.
City Engineer Jullie spoke to his memo dated January 27, 1977,
noting a correction to be made in memo regarding park dedication
to be changed from $3,600 to $4,600 in paragraph 4.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 77-13, approving final plat of Olympic Hills First Addition.
Motion carried unanimously.
3. Accept streets and utilities in the Bonner/Waters Addition
MOTION: Meyers moved, seconded by Bye, to accept streets and
utilities in the Bonner/Waters Addition subject to memo from
City Engineer dated January 27, 1977. Motion carried unanimously.
4. Set hearing date for vacation of a residue portion of West 78th
Street adjacent to T.H. 169.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 77-15,
ordering hearing for March 1, 1977 for vacation of a portion of
West 78th Street near T.H. 169. Motion carried unanimously.
Council Minutes . - 7 - Tues.,February 1, 1977
E. Report of Finance Director
1. Agreement with Metro Waste Control Commission implementing an
Industrial user sewer strength charge system
Finance Director Frane spoke to his memo dated January 19, 1977
and answered questions of Council members.
MOTION: Osterholt moved, seconded by Meyers, to give a 1st Reading
to Ordinance No. 77-1, agreement with the Metropolitan Waste Control
Commission implementing an industrial sewer strength system, and that
this item be reviewed by the Chamber of Commerce before the 2nd
Reading. Motion carried unanimously.
2. Payment of Claims Nos. 9593 - 9737
MOTION: Osterholt moved, seconded by Meyers, to approve Payment
of Claims Nos. 9593 - 9737. Roll Call Vote: Bye, Meyers, Osterholt,
Pauly and Penzel voted "aye". Motion carried unanimously.
3. Clerk's License List
City Manager Ulstad explained that the City has received several
calls regarding the Private Kennel License for Charles Gould, and
that citizens in the audience wished to be heard.
Charles Gould, 6285 Duck Lake Road, spoke on his own behalf and
stated he has complied with directives set forth by the Council.
Dale Evans, 17017 West 62nd Street, and Harvey Hladky, 6381 Duck
Lake Road, spoke in opposition to issuance of a private kennel
license to Mr. Gould, stating that the dogs hardly bark in the
winter but bark a lot in the summer. Mr. Evans submitted a letter
to the Council from Judy Eggan, who formerly lived at 17109 West
62nd Street, also in opposition to the private kennel license
requested by Mr. Gould, stating that the dogs are not safe,
they are a nuisance, and the kennel lowers the property values.
Community Services Officer John Conley spoke to the report distributed
to Council members dated January 28, 1977, noting that after talking
with residents and surveying the property, the following has been
concluded: There seems to be no problem with dogs running loose or any
odor connected with the kennel. The crikfmajority of residents
did not feel threatened by the dogs r any depreciation in their
property value. The barking problem is very irritating to two
families in the neighborhood and noticed by some; however, in contacting
all the families in the area, a major portion did not consider the
barking a problem.
MOTION: Osterholt moved, seconded by Meyers, to approve the
Clerk's License List dated February 1, 1977. Osterholt, Meyers,
Pauly and Penzel voted "aye", Bye voted "nay". Motion carried.
Of)
Council Minutes - 8 - Tues.,February 1, 1977
VII. NEW BUSINESS
A. Continued item from VI.B.I.:.Council Programs for 1977-78
MOTION: Osterholt moved, seconded by Bye, for a five minute
recess for Council members to look over the three lists submitted
' with Council Programs for 1977-78. Motion carried unanimously.
After the recess, Council members went over their individual
Items included on the lists and directed staff to categorize
and give some idea of time frame that might apply to each item.
VIII. ADJOURNMENT
MOTION: Osterholt moved, seconded by Bye, to adjourn the meeting at
10:55 PM. Motion carried unanimously.
3°C°
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
Feb. 11, 1977
Sewer and Water Improvements on Heritage Road
I.C. 51-290
Continued Public Hearing
As directed by the City Council at the continue
d
p
u
b
l
i
c
h
e
a
r
i
n
g
o
n
J
a
n
u
-
ary 11, 1977, a meeting was held at the City H
a
l
l
o
n
T
h
u
r
s
d
a
y
e
v
e
n
i
n
g
,
February 3, between the property owners, Mr. E
l
i
a
s
o
n
a
n
d
m
y
s
e
l
f
.
M
r
.
J
o
h
n
Westlake and Mr. and Mrs. Boller represented t
h
e
p
r
o
p
e
r
t
y
o
w
n
e
r
s
.
During the course of the meeting the property
o
w
n
e
r
s
again expressed their
recollection that at the public hearing in 197
2
f
o
r
t
h
e
R
o
u
n
d
L
a
k
e
E
s
t
a
t
e
s
development, the residents on Heritage Road we
r
e
l
e
d
t
o
b
e
l
i
e
v
e
t
h
a
t
t
h
e
r
e
would be no costs assigned to their properties
f
o
r
t
h
e
i
m
p
r
o
v
e
m
e
n
t
s
n
e
c
e
s
-
sary for the lots to be platted on the east si
d
e
o
f
H
e
r
i
t
a
g
e
R
o
a
d
,
b
u
t
rather these new lots would be served by other
u
t
i
l
i
t
y
l
i
n
e
s
n
o
t
n
e
c
e
s
s
a
r
i
l
y
located along Heritage Road.
Mr. Eliason responded that the lotting and street
l
a
y
o
u
t
a
p
p
r
o
v
e
d
b
y
t
h
e
Council (Preliminary Plat) in 1972 required s
e
w
e
r
a
n
d
w
a
t
e
r
a
l
o
n
g
H
e
r
i
t
a
g
e
Road and that he has always assumed that the Ci
t
y
w
o
u
l
d
i
n
s
t
a
l
l
t
h
e
s
e
i
m
-
provements and assess the benefittino propert
i
e
s
.
M
r
.
E
l
i
a
s
o
n
a
g
r
e
e
d
,
h
o
w
-
ever, that there could have been some confusion
o
n
t
h
e
p
a
r
t
o
f
t
h
e
r
e
s
i
d
e
n
t
s
regarding this matter.
In a subsequent conversation, Mr Eliason has in
d
i
c
a
t
e
d
t
o
m
e
t
h
a
t
h
e
a
n
d
Mr. Marco Jones are prepared to absorb $200 per
l
o
t
f
o
r
t
h
e
s
i
x
d
e
v
e
l
o
p
e
d
lots on the west side of Heritage Road propose
d
t
o
b
e
a
s
s
e
s
s
e
d
.
T
h
i
s
p
a
y
-
ment would be in recognition of some implied co
m
m
i
t
t
m
e
n
t
s
a
n
d
p
o
s
s
i
b
l
e
misunderstandings which could have occurred. I
h
a
v
e
d
i
s
c
u
s
s
e
d
t
h
i
s
p
r
o
p
o
s
a
l
with Mr. Westlake and he believes that would be
a
n
a
c
c
e
p
t
a
b
l
e
s
o
l
u
t
i
o
n
f
o
r
a majority of the property owners.
It is recommended that the City Council adopt
R
e
s
o
l
u
t
i
o
n
N
o
.
1
2
2
0
,
o
r
d
e
r
i
n
g
the sanitary sewer and water improvements on He
r
i
t
a
g
e
R
o
a
d
,
I
.
C
.
5
1
-
2
9
0
,
subject to receipt of $1200 from -Mr. Eliason and Mr. Jones to be used as
a $200 per lot credit against the special asse
s
s
m
e
n
t
s
f
o
r
L
o
t
s
3
,
4
a
n
d
5
,
Block 1, and Lots 7, 8 and 9, Block 4, Heritag
e
P
a
r
k
1
s
t
A
d
d
i
t
i
o
n
.
.
CJJ:kh
Dec. 7. 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1220
RESOLUTION ORDERING IMPROVEMENTS
I.C. 51-290
• WHEREAS, a resolution of the City Council adopted the 9th day
of November, 1976, fixed the 7th day of December, 1976, as the date for
a public hearing on the following proposed improvements:
I.C. 51-290, Sanitary sewer, watermain and
street restoration on Heritage Road
WHEREAS, all property owners whose property is liable to be
assessed for the making of this improvement were given ten days' pub-
lished notice oi the Council hearing through two weekly publications of
the required notice and the hearing was held and property owners heard
on the 7th day of December, 1976;
NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE '
CITY OF EDEN PRAIRIE:
Such improvement as set out in Council Resolution of
November 9, 1976, and as above indicated is hereby ordered.
The City Engineer is hereby designated as the Engineer for
this project and is hereby directed to prepare plans and
specifications for the making of such improvement, with
the assistance of Rieke, Carroll, Muller Assoc., Inc.,
Consulting Engineers.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
(),
Feb. 15, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-20
RESOLUTION VACATING EARL DRIVE AND
DRAINAGE AND UTILITY EASEMENTS IN
TOPVIEW ACRES 1ST ADDITION
WHEREAS, the City of Eden Prairie has right-of-way over the
following described land:
Earl Drive and all of the drainage and utility
easements in Topview Acres let Addition, which
is to be replatted as Stewart Highlands.
WHEREAS, a public hearing was held on February 15, 1977, as re-
quired by law, and
WHEREAS, it has been determined that said right-of-way is not
necessary 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 land 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
proceedings and shall be recorded in accordance with M.S.A.
117.19.
ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL ON
Wolfgang H. Pnezel, Mayor
ATTEST: SEAL
John D. Franc. Clerk
Ban Con Inc.
2345 Rice Street North
P.0 Box 3058 St Paul. Minnesota 55165
Telephone 612/483-0801
February 9, 1977
Roger Ulstad, City Manager
City of Eden Prairie
8950 County Road 4
Eden Prairie, MN. 55343
Dear Mr. Ulstad:
I understand the City Council will be considering establishing a date for
the public hearing for The Garrison Forest Subdivision in The Preserve at
their February 15th Council meeting. It is my understanding that if the
preliminary plat is acceptable as submitted to the Planning Commission,
that the Council will set a date for public hearing and order a notice to
be published in the newspaper for the public hearing. We currently have
only two lots left to sell in Northmark II and are very interested in
expediting the Garrision Forest platting and rezoning at the earliest
possible date. In an effort to speed things up, I would appreciate it if the
City would have prepared and submitted to the newspaper the notice of public
hearing prior to the Council meeting. This would enable the public hearing
to be set on the first regular Council meeting in March. If the notice were
sent to the paper following the Council meeting, it would add substantial
time in processing the plat. If the Council does not set the public hearing
at their February 15th meeting, your office could simply call the paper and
withdraw the publication notice.
Ban-Con would be willing to withstand any expense that may be incurred out
of this procedure. Thank you very much for your consideration.
Cordially,
"
e4r-t - ans: T. Hagen, Jr.
President
/pw
cc: Wolfgang Penzel, Mayor
City of Eden Prairie
I II
WHP/aza
.12/1/76
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 33
AN CMINANCE CREATING A COMMUNITY BASED SERVICES
BOAR!) TO ASSIST ALL SUPERVISED RESIDENTIAL
PROGRAMS OR SOCIAL REHABILITATION PROGRAMS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS
FOLLOWS:
Section 1. This Ordinance shall be known and cited as the
Community Based Services Board.
Section 2. Declaration of Policy. It is hereby declared to
be the public policy of the City of Eden Prairie to preserve,
protect and improve family care homes for the mentally retarded,
'1 mentally ill, physically handicapped, elderly, and individuals
needing rehabilitation treatment.
Section 3. There is hereby created a Communi,tel-Based gervices
Board consisting of not more than 15 personae All members are
to be appointed by the City Council, one-third of whom are to
serve for a term of one year; one-third of whom are to serve
for a term of two years; and one-third of whom are to serve for
a term of three years. Thereafter, each appointment will be for
a term of three years. In the interest of obtaining a broad
based committee, the Council is directed to consider the following
groups as being an appropriate source for members for appointments
Eden Prairie Public Safety Department;
A professional social worker;
A minister;
A member of the Human Rights Commission;
Community Education Director;
A member of the South Hcnnepin Human Services Council;
A representative of Home Management.
31s
Section 4. Objectives.
The objectives of the committee are a
s
f
o
l
l
o
w
s
:
1. To continue evaluation of city ordin
a
n
c
e
s
a
n
d
procedures in order to accommodate c
i
t
y
g
r
o
u
p
homes experience.
2. To maintain an up-to-date inventory
o
f
h
o
m
e
locations, and possible areas for ho
m
e
l
o
c
a
t
i
o
n
s
that may be available.
3. To oversee the relationship between f
a
c
i
l
i
t
i
e
s
and its neighborhood environment, and
s
u
g
g
e
s
t
a
n
d
encourage communication between group
h
o
m
e
s
a
n
d
the community and initiate if necessa
r
y
.
4. To review all applications for group
h
o
m
e
s
i
n
conformance with the requirements of
O
r
d
i
n
a
n
c
e
4289 as it may be amended, and prepa
r
e
a
r
e
p
o
r
t
which details how each home meets Ci
t
y
o
r
d
i
n
a
n
c
e
s
and State Law provisions.
5. To establish liaison with appropriat
e
S
t
a
t
e
agencies and community groups that p
r
o
v
i
d
e
s
e
r
v
i
c
e
s
for group home residents or are invol
v
e
d
i
n
t
h
e
i
r
regulation. To act as a mediator to resolve
problems or misunderstandings between
h
o
m
e
s
a
n
d
neighbors or State agencies.
6. To design and implement neighborhood
a
n
d
c
o
m
m
u
n
i
t
y
wide education programs to enable ci
t
i
z
e
n
s
t
o
better understand the needs and capa
b
i
l
i
t
i
e
s
o
f
group home residents and enable grou
p
h
o
m
e
r
e
s
i
d
e
n
t
s
to better understand opportunities a
v
a
i
l
a
b
l
e
t
o
t
h
e
m
within the City.
7. To work with the State and County a
g
e
n
c
i
e
s
i
n
v
o
l
v
e
d
with deinstitutionalization policies
t
o
g
i
v
e
E
d
e
n
Prairie decision makers correct and a
d
v
a
n
c
e
d
k
n
o
w
-
ledge of new programs or regulations.
B. To provide a forum for all citizens
t
o
e
x
p
r
e
s
s
i
d
e
a
s
concerning the community based servic
e
s
c
o
n
c
e
p
t
.
9. To design ways that better and more
e
f
f
i
c
i
e
n
t
c
i
t
y
/
religious/school/civic organizations
s
e
r
v
i
c
e
s
c
a
n
b
e
utilized by group home residents.
10. To act as a coordinator of all group
a
n
d
f
o
s
t
e
r
h
o
m
e
s
to maximize their communication enab
l
i
n
g
b
e
t
t
e
r
economic efficiency and program cOmp
a
t
i
b
i
l
i
t
y
.
WHP/azd
12/1/76
Section 5. The board shall make an annual report in nr'ting
to the Council of its activities.
Section 6, This ordinance becomes effective from and after
its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie this day of 1976, and
finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of
1976.
Wifgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the on the day of
, 1976.
_ 3 _
WHP/azd
1/18/77
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.354
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS
FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended by
adding:
Lots 1 through 14, Block 1, and Lots 1 through
14, Block 2, Topview Acres First Addition (to
be known as Stewart Highlands)
which property shall be and hereby is removed from Rural zone
and shall be included hereafter in the RM-6.5 zone.
Section 2. The above described property shall be subject
to the terms and conditions of that certain Rezoning Agreement
dated December 28, 1976, entered into betweentHustad Development )
Corporation and the City of Eden Prairie, which agreement is
hereby made a part hereof and shall further be subject to all of
the ordinances, rules and regulations of the City relating to
such RM-6.5 zones.
Section 3. This ordinance becomes effective from and after
its passage and publication.
FIRST READ at a regular meeting of the City Council of the
301 51
•.:•1
MHP/azd
. 1/18/77
City of Eden Prairie on the day of 1976,
and finally read and adopted, and ordered published at a
regular meeting of the City Council of said City on the day
of , 19 .
Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News
on the day of , 19_.
391 -2-
RE-ZONING AC7EHME1T
IRIS AGREEMENT, Made and ifntered Into thisl' 511410 "fi /:"^
ey
19_41frit, by and between WILLIAM IC SU:WART and EECKYANN huabans: ard
wife, heternaftcr referred to as "Owner" and the CITY OF ED E; 7RAIRIE. 4
municipal corporation, hereinafter referred to as "City,"
ATI:ESSE -Mt
WH1REAS, Owner has requested the City to change the zoning from Rural
to RM-6,5 for development of land more fully described on Exhibit A whi
c
h
is attached hereto nnd made a part hereof; and
WHEREAS, it is believed that the rezoning of said 101-05.5 would be. in
the public's interest, welfare and convenience of the people of the City
o
f
Eden Prairie; and
WHEREAS, Owner agrees to develop the aforementioned property in con-
sideration of the City's changing of the zoning; and Owner further agree
s
twit as a part of said consideration, 1r will lay out, develop and maint
a
i
n
project as hereinafter set forth;
NrY.f, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration
of the Mayor and the City Council of the City of tden Prairie adopting
a
n
Ordinance changing the zoning from Rural to RM 6.5, the Owner agrees to
construct homes on said property in accordance with the planning, architectural,
,nginecring and landscaping requirements of all City Ordinances, subject to
the i9tlowing conditions:
• L.AL tLe develc,nr;:nt take pIrce in accord with the preliminary
plat, a copy of which is attached hereto and corked Exhibit A.
2. Thai priot to plat aepioval the advisability of a riot ,tond
turn laae shall be investigated for Kilt Pny where it
intelects 4ith County Road 60.
3. that th: possible local street network ne sh6vit on Exhait
rade a part of this agreement for informational purposes.
chat Vle owners comply with the engineering requirements as
Act flrth in Le en6fneer's report dated 10119/7').
5. That cash in lieu of land dedication requirements be
collected as required by City Ordinance.
6. That all sanitary sew!r, watermain and storm sewer facilities,
..,,vorete curb and gutter and bituminous surfacing whether
o be public or private, shall be designed to City standards
by a Registere! ProfessOaal Civil Engine -r and submitted to
tl,e City fneincer for approval. The developer, throtq:t his
engineer, sal i provide for competent Oaily inspection of all
street and utility construction, both public and private.
As-built drawings wi.th service and valve ties on reproducible
mylar and certificates of completion and compliance with
sperificatirs shall also be delivered to the City Engineer.
The developer also agrees to pay all fees for City Engineering
and adrinistrative services consistent with current City
requiremens.
El1,1 ,11.e CITY AND PROPERTY 0 -NEnS
1. That the property owners shall comply with all applicable
rules, regulations, ordinances and laws of the City Of Eden
Prair:e.
2. T'at he provisions 0; this Agreement shall he binding upon
cr erfm.ceable apainst ft:11er, their successors and assigns,
and upon all subsequent owners, their respective heirs,
successors and a,,L;ris of the property herein described.
That an executed copy of this Agreement shall be recorded
with tjlp Re3ister of Hennepin County, Minnesota.
it Ovner fails to proceed in accordance with this Agree-
en: w4bin eighteen ild) months from the date hereof, Owners
their sur-essors and assigns, agree that they
• .!11 not tt.e reoning of said properly back to its Rural
-2-
39(,0
'
Notary Public, Iteznepin
My commission expires:
t y4AA I At&Af ,,J14,144A1AA4
41. 4.„.• r_.! •-k
xvvy v vilnrr 'VW," sit
3944
IN Wi 110:S oirmor, t ea', Parties to this Agreement have caused til2ir
pr‘sents to be executed tut day and year efores
a
i
i
.
Th•ls Re -Zonink A 7re ement is :,...ppreved and acreed to by the
Tee ner, sellers to the Stewarts
by Contract for Deed.
e 4
, Gerard's, Inc. title
State of Flora
County of iSonottisi
The Fore,-Toi,:::- inz—rument was ac:InoledEed before re thisit7 ,1kiay 1 -977,-
BY:
otary • c.a7-1.../ '
NOTAPY F;;:13t VAT: CT °RDA AT tA
•41' AUC
4.1979
IIC nn••W THRti GENERAL i'45LIA7.CE UNDEZWRITEAS
And BY
Its Manager
77PTE OF :'11VESOTA)
) SS.
C..1,:NTY OF Mln:EPIN)
ell The
forccoing instrument was acknowledged. before me this _,PP day of 197.e by William'''. Stewart and Becky Ann Stewart, husband rAe wife.
/
€
//<
1
•
1.11r,./1/
';/4glii:¢;;; ;;i k:1-4-art , Owner
Its flayor
"- Becky, -Ann ;;tewart, Owner The above are partner: in Stewart Prorerties, buyers of above land b
y
Contract for Deed from Gerard's, Inc.)
CITY OF EPI21 FRAME, a municipal
Ca of the State of Minnesota
ST;,T2 OF MINNESOTA)
) SS.
CO .7TY OF HENNEPIN)
fhc fore ,)ing in s trument was acknowledged before me this
day o f , 19 by !:olfgang Fenzel, the Mayor and by Roger Uts
t
a
d
,
t
h
e
.•-1c2r of chi, City of Eden Pr4iirie, a Minnesota
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
t
i
o
n
,
f 2f the corporation.
Notary Public, Hennepin Co., Minn.
My commission expires:
1. • •••• 4. ' 4.? • ' • ' -"• • I ! .X7C.74. • t \ • ( . _ ! (-4 • 1 ss .;01 I '6""' • / — • ••n•• • t Pa4 .1 • •:-; • ••. , . J.Ig1)415 / (0101'..1) %led) 1.1.•;`,11::: • ;1 st4.0 •t-•••••••''"'''r."."- 4 • - -. '0 '4.., "\. 'I•••., . 1 N., . • • It".X., 4. • • -t ' • • • r• r•-'' .11.' .:" • • •••••-.7 • • - \ • ••••'"
SUGGESTED ITEMS FROM COUNCIL MEMBERS REGARDING GOALS
&
O
B
J
E
C
T
I
V
E
S
•
FOR THE CITY OF EDEN PRAIRIE FOR THE NEXT TWO YEARS
1. Implement an off-sale municipal liquor operation wi
t
h
p
r
o
f
i
t
s
d
e
d
i
c
a
t
e
d
t
o
parks and public safety funds.
2. Update and adopt a revised comprehensive guide pla
n
w
i
t
h
i
n
a
s
p
e
c
i
f
i
c
t
i
m
e
frame.
3. Streamline the processing of development plans (M.C
.
A
.
&
P
.
U
.
D
.
Z
o
n
e
d
D
i
s
t
r
i
c
t
s
and procedures for same).
4. Establish a citizens committee to investigate the adv
a
n
t
a
g
e
s
a
n
d
d
i
s
a
d
v
a
n
t
a
g
e
s
of a Charter Commission for Eden Prairie.
5. Direct the City staff to develop plans to refund Cit
y
b
o
n
d
s
t
o
t
a
k
e
advantage of our new bond rating and develop Federal
a
n
d
S
t
a
t
e
l
e
g
i
s
l
a
t
i
o
n
that would make refunding more beneficial to the communit
y
.
6. Develop plans for future public transportation withi
n
t
h
e
C
i
t
y
(
s
h
o
r
t
r
a
n
g
e
)
and Metro area (long range priority).
7. :Establish a "Citizens Volunteer" Service that would
c
h
a
n
n
e
l
a
n
d
u
s
e
t
a
l
e
n
t
s
of people interested in serving the City on a voluntee
r
b
a
s
i
s
.
8. Prepare a local "campaign and election ethics and di
s
c
l
o
s
u
r
e
"
c
o
d
e
.
9. Review recent increase in Council member fees.
10. Consider development of local neighborhood parks, u
s
i
n
g
w
h
a
t
e
v
e
r
"
u
n
d
e
d
i
c
a
t
e
d
"
funds that might be available.
11. Set forth a policy statement by the Council on long
-
r
a
n
g
e
r
o
a
d
i
m
p
r
o
v
e
m
e
n
t
s
and development.
12. Follow up on the safety program and deficiencies wh
i
c
h
w
e
r
e
a
p
p
a
r
e
n
t
a
t
t
h
e
Flying Cloud Airport MAC hearings.
13. Consider adoption now of a "Community Standards" o
r
d
i
n
a
n
c
e
d
e
a
l
i
n
g
w
i
t
h
obscenity.
14. Assist in whatever way possible the organization of
a
G
r
e
a
t
e
r
E
d
e
n
P
r
a
i
r
i
e
Homeowners Association.
15. Explore the possibility and feasibility of a seven-
m
e
m
b
e
r
C
o
u
n
c
i
l
t
o
a
l
l
o
w
additional involvement.
16. The City relationship with other governmental agenc
i
e
s
o
u
t
s
i
d
e
o
f
E
d
e
n
P
r
a
i
r
i
e
,
and determine the means of communicating with these
a
g
e
n
c
i
e
s
a
n
d
w
h
e
r
e
s
h
o
u
l
d
this responsibility be placed.
LIt'09)
17. City of Eden Prairie's position on growth of the community (residential,
commercial and industrial).
18. Review and discuss the Council-Manager form of government (Plan 8).
19. Evaluation of the M.C.A. and is At achieving the goal of Eden Prairie?
20. Reinstatement of our commitment to low and middle income housing, and
research a means of financing low income housing.
21. Legislative Programs: (Positions that we should communicate to the
Legislature)
A. Fiscal Disparities
B. Green Acres
C. Dutch Elm Disease Proposal
D. Tax Increment Districts for development purposes
E. Minnesota River Crossing
F. Legal action against Commissioner of Taxation regarding equal
assessments in the seven-county area
22. Feasibility Study on Community Recycling Center on City land, but administered
and operated by Civic organizations
23. , Review Zoning Ordinance No. 135
24. Sign Ordinance Revision
25. Ordinance Codification
26. Zero Base Budgeting of General Fund
27. Po)icy statement by the Council on Capital Improvement Programs (short range -
Tong range) regarding road and park development together with capital
requirements necessary for financing, i.e., general revenue, bonds, and/or
federal and state grants.
k)(oll
MEMORANDUM
TO: Mayor and City Council
THROUGH: John D. Frane, Acting City Manager
FROM: Marty Jessen, Director of Community Services dett.._1
SUBJECT: RAZE PROPERTY APPRAISAL
DATE: February 11, 1977
As directed by the Council, we have had an appraisal made for the RAZE Property.
The value concluded is as follows:
Residence $65,000
2 Acres $20,000
8.6 Acres Floodplain
Land @ $1,000 $ 8,600
2.39 Acres above Floodplain $ 6,000
Total $99,600
This is way below the "asking price" of the seller for:
House & 5 Acres $149,000
Remaining Land $ 36,500
Total $175,000
I've reviewed the appraisal with the Real Estate Agent and she in turn has
discussed it with her client. I've talked to them about a partial or total
taking. A copy of their response is attached.
I feel that the value of the land in a partial taking does exceed $14,600.
The appraiser did not specify the amount of damages in a partial taking but indiceted
verbally 5-10% of $85,000 or $4,250 - $8,500 would be an appropriate amount.
Thus compensation for a partial taking could total $ 23,100.
The appraiser in the narrative comments speaks to his valuation of the house
as follows:
1) The replacement cost is projected at $87,400.
2) The home site improvements are superb and far in excess
of most residential sites.
3) "Unfortunately, the house faces the highway
This property must be a bargain for a buyer to become
interested. Most buyers wouldn't even consider it, but
at this value conclusion ($99,600), it is felt a buyer could
eventually be found.
396,s
Edna Med
Edina Office
6500 France Ave. So., Edina, Minnesota 55435 • 927-5621
February 3, 1977
Martin Jepson
8915 Eden Prairie Road
Eden Prairie, Mn.
Dear Mr. Jesson:
I have presented and have gone over the appraisal report with Mr. and
Mrs. Raze (report from Chase 6 Brackett) on their property located at
9500 Flying Cloud Drive, Eden Prairie, Mn.
I found Mr. & Mrs. Raze shocked and most disappointed in the appraisal
and market valuation.
We have since done some research on land values in Eden Prairie. With
all of the work Mr. Raze has done in landscaping trees, ponds, walls,
fencing, .driveway's, blacktopping, etc. this land has to be worth more
than just baron land. I have seen the cost sheet on the home and all
the items the Raze's have put into their property and do find they are
not out of line in the value they have in their property. They originally
offered their home and 5 acres for $149,000. and now have instructed me
they want the rest of the land and home sold in one package. We have
the balance of the acres listed at $36,500. The total price of the whole
project being $175,500.00.
We will now put out a new picture with all the land included. The Raze's
have instructed me to proceed full force in the merchandising of their
property. Many clients have asked for open houses which we will now do,
as I understand the option Eden Prairie has on the Raze property expires
if a satisfactory price cannot be reached.
We do understand appraisers can vary in their values and Eden Prairie
must have an appraisal report to work with.
If there is renewed interest, please inform me. We thank you for your
interest and we are sorry we cannot come to a more satisfactory conclusion.
Sincerely,
e/
Ellen Johnson
•uf,ha Cf•on 14:113Ifi, • 1310n 11111110011 • thIMSVIIII! • BIOGkIVI Park •
n Ilfla • f . Gold. .n Valley • I lopluus • krtiorwapolin • Si Paul • Wayiala
REALTORS IS MLS. INT ERCOMMUNI1 Y RELOCAT ION INC
EJ/lm
c/c Raze
Form 28
75
NOTICE OF APPOINTMENT
OF ASSISTANI WE INSPECTOR
FOR CITY, VILLAGE OR FOR TOWNSHIP
TO: THE COMSSICHER OF AGRICULTURE, ST. PAUL, MINNESOTA
In accordance with Minnesota Statutes, 1973, Chapter 18.231, Paragraph 2 and 3,
porta:1ring to acsistant weed inspectors, I,
Of
(Mayor of Chairman)
of
(City, Village or TowmgUTPY
County, Minnesota, do hereby appoint Mr.
Address Telephone NO.
to be Assistant Weed Inspector for the period beginning 19
(Month & Date)
and continuing until such time as the Town Board or Mayor wiehes to terminate
said appointment, at a wage of $ per month, or $ per day, .
or $ per hour.
This appointment confers on said appointee all the duties, authority and privileges
of any local weed inspector as outlined by law.
Signed:.
16-1Y0-4
or
Signed:
(Chairman of Township Board)
Date 19 Address
SEND: one copy to the SECTION OF WEED CONTROL, DEPARTMENT OF AGRICULTURE,
STATE OFFICE BLDG., ST. PAUL, MINNESOTA 55155
One copy to your County Agricultural Inspector.
One copy to your Local Clerk.
3961
Feb. 15, 1977
'CITY OF EDEN PRAIRIE
VENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-21
A RESOLUTION APPROVING THE FINAL PLAT
OF STEWART HIGHLANDS
WHEPEAS, the plat of Stewart Highlands has been submitted in
the manner required for platting land under the Eden Prairie Ordinance Code
and under Chapter 462 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 or THE CITY OF
EDEN PRAIRIE:
A. Plat Approval Request for Stewart Highlands is herein
approved, in accordance with the recommendation of the City
Engineer's Report on this Plat dated February 11, 1977.
B. That the City Clerk is hereby directed to file a certified
copy of this Resolution in the office of the Register of
Deeds and/or Registrar of Titles for their use as required
by NSA 462.358, Subd. 3.
C. 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.
D. That the Mayor and City Manager are hereby authorized to
execute the certificate of approval on behalf of the City
Council.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frame, Clerk
316,%
ir.vvr •••••-
CITY OF. EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
- DATE: January 27, 1977
SUBJECT: Stewart HIghlands
PROPOSAL: Stewart properties and Gerard's Inc. a
r
e
r
e
q
u
e
s
t
i
n
g
C
i
t
y
C
o
u
n
c
i
l
approval of the Final Plat of Stewart Highlands
.
T
h
e
p
l
a
t
h
a
s
5
3
l
o
t
s
designed for double unit buildings. This plat i
s
a
r
e
-
p
l
a
t
t
i
n
g
o
f
Topview Acres 1st Addition.
HISTORY: The Preliminary Plat of Stewart Highla
n
d
s
w
a
s
a
p
p
r
o
v
e
d
b
y
t
h
e
City Council on Dec. 7, 1976. The Final Plat now
s
u
b
m
i
t
t
e
d
f
o
r
a
p
-
proval conforms with the approved Preliminary Pla
t
.
The 2nd reading of Ordinance No. 354 rezoning the
p
r
o
p
e
r
t
y
f
r
o
m
R
u
r
a
l
to PM 6.5 for single and/or double bungalow dwell
i
n
g
s
i
s
s
c
h
e
d
u
l
e
d
for Feb. 15, 1977. Refer also to the rezoning ag
r
e
e
m
e
n
t
d
a
t
e
d
Dec. 28, 1976.
VARIANCES: No variances for this plat have been
r
e
q
u
e
s
t
e
d
.
I
t
i
s
t
h
e
developer's intention that there will be request
f
o
r
f
u
t
u
r
e
a
d
m
i
n
-
istrative land division of some lots if the owne
r
s
t
h
e
r
e
o
f
d
e
s
i
r
e
to split the parcels along the party wall of the u
n
i
t
s
.
I
n
t
h
a
t
case, party wall agreements will be required, in
l
i
e
u
o
f
a
h
o
m
e
-
owners association. Each pronosed lot is 13,000
s
q
.
f
t
.
o
r
l
a
r
g
e
r
so such future divisions will not require lot siz
e
v
a
r
i
a
n
c
e
s
.
T
h
e
party wall agreement will obviate the need for s
i
d
e
-
y
a
r
d
v
a
r
i
a
n
c
e
s
.
UTILITIES AND STREETS: The developer has submit
t
e
d
a
1
0
0
%
p
e
t
i
t
i
o
n
f
o
r
the street and utiltiy improvements necessary for t
h
i
s
p
l
a
t
.
I
f
the City Council orders these improvements, bon
d
i
n
g
f
o
r
s
a
m
e
b
y
the developer will not be required. Otherwise, the
u
s
u
a
l
b
o
n
d
i
n
g
a
n
d
engineering fee requirements for subdivision sha
l
l
a
p
p
l
y
.
• Because of the mimites sight distances along Va
l
l
e
y
V
i
e
w
R
d
.
,
t
h
e
developer hsall be required to construct a left
t
u
r
n
b
y
-
p
a
s
s
l
a
n
e
along the north side of Valley View Rd. from Scot
t
T
e
r
r
a
c
e
t
o
Stewart Drive.
3%9
- 2 -
The Final Plat shall have 6' wide drainage and utility easements
along all property lines.
PARK DEDICATION: A cash payment in lieu of land dedication shall be due
per Ordinance #332. The fee shall be $200 per unit, due at the time
of building permit issuance.
RECOMMENDATION: Recommend approval of the Final Plat of Stewart Highlands,
subject to the requirements of this report.
G7J:kh
54 96
Feb. 15, 1977
CITY OF EDEN PRAIRIE
1UMNEPIN COUNTY, MINNESOTA
=SOLUTION NO. 77-22
RESOLUTION RECEIVING 100% PETITION,
ORDERING IMPROVEMENTS & PREPARATION
07 PLANS AND SPECIFICATIONS FOR PUB-
LIC IMPROVEMENTS IN THE PLAT OF
STEWART HIGHLANDS, I.C. 51-299
BE IT RESOLVED by the Eden Prairie City Council:
1. The owners of 100% of the real property abutting upon and
to be benefitted from the proposed sewer, water and street
improvements in the plat of Stewart Highlands, I.C. 51-299,
at an estimated total cost of $318,000, have petitioned the
City Council to construct said improvements and to assess the
entire: cost against their property.
2. Pursuant to M.S.A. 429.031, Sdbd. 3, and upon recommendation
of the City Engineer, said improvements are hereby ordered and
the City Engineer, with the assistance of RCM Associates, shall
prepare plans and specification for said improvements in accord-
ance with City standards and advertise for bids thereon.
8. 'Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby
directed to publish a copy of this resolution once in the of-
ficial newspaper, and further a contract for construction of
said improvements shall not be approved by the City Council
prior to 30 days following publication of this resolution
in the City's official newspaper.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Franc, Clerk
5191
100% PETITION FOR LOCAL 1Mils^VLLNTS
Eamei and addresses of 7etItitners
041:st be cers of re;;;ri ,
TO THE EDEN PRAIRIE CITY COUNCIL:
The undersigned are all the fee owners of the real property described
below and herein petition for the Eden Prairie City Council to proceed
with milking the following described improvements:
X .Sanitary Sewer '
(General Location)
Topview Acres 1st Addition to be
replatted as Stewart Highlands X Natermain
X -Storm Sewer .
X Street .Paving I.
Other
Purs..;ent to M.F.A. 429.031, Subd. 3. the undersigned hereby waive any
pb1-..lic hearing to be held on said improvements, and further state and
are that the total cost of said improvements shall be specially as-
str$ee egainst the property described below in accordance with the
City's s?erial aF.sessment policies. We further understand that the
e. cc total cost for the said imIrover,ents is /5 3W;C:1122_.
S'-ret•ot!.."r Legal
-.;;;r:'tt 'Ion of Irc;ertv to be served
• re's nwror
Anna E. Gerardo hurrle, president
Wilbur lurric, vice president
(For City Use)
Date Received .•0 /77
Project No. '
Courdi1 Consideration /77
Feb. 15, 1977
CITY OF EDEN PRAIRIE
; IONNEPIN COUNTY, MINNESOTA
BESOLUITON NO. 77-23
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVER-
TISEMENT FOR BIDS (I.C. 51-266)
WHEREAS, the City Engineer, therough the Minnesota Dept. of
Transportation has prepared plans and specifications for the following
improvement, to wit,
I.C. 51-266, Improvements on T.H. 169 from 1-494
to 1/4 mile south of Schooner Boulevard
and has presented such plans and specifications to the Council for approval:
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. Such plans and specifications, a copy of which is attached
hereto and made a part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The adver-
tisement shall be published for 3 weeks, shall specify the
work to be done, shall state that bids will be opened at
10:00 o'clock A.M. on Thursday, March 24, 1977, and con-
sidered by the Council at 7:00 P.M. on Tuesday, April 5,
1977, in the Council chambers fo the City Hall, and that
no bids will be considered unless sealed and filed with the
Clerk and accompanied by a cash deposit, cashier's check,
bid bond or certified check payable to the City for 5%
(percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
3 ql 3
TO:
TBROUGH:
NOM
DATE:
SUBJECT :
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
February 11, 1977
1977 Engineering Services Agreement with RCM Associates
The attached agreement covering engineering services to be provided b
y
'RCM Associates during 1977 is submitted to the Council for approv
a
l
.
W
e
have reminded RCM that we will insist that only competent, experience
d
personnel be involved in our projects, especially in the area of fie
l
d
inspections to insure proper trench backfill compaction and conforman
c
e
to specifications.
The agreement submitted differs from last year's agreement in that p
a
y
-
ment for all services shall be on an hourly wage basis rather than a
'
percentage of construction cost. Apparently, there have been some r
e
c
e
n
t
Federal government rulings which invalidate the use of the standard
p
e
r
-
centage curve because of its implications of price fixing.
Be believe the proposed agreement is very equitable to both parties.
T
h
e
*City pays for actual man hours expended on the project, rather than fixed
fees. The Consultant does not have to be concerned about getting "good"
projects in order to balance out some which may be "losers." By us
i
n
g
t
h
e
Multiplier curve attached to the agreement, we have retained the fe
a
t
u
r
e
of reducing the fees as the volume of work assigned increases througho
u
t
the year.
CJJ:kh
Attachment
19-)q
AN AGREEMENT FOR
PROFESSIONAL ENGINEERING
SERVICES
1977
THIS AGREEMENT, dated the 15th day of February, 1977, between the CITY
OF EDEN PRAIRIE, Hennepin County, Minnesota, a Municipal Corporation of
the State of Minnesota, hereinafter called the OWNER, and Rieke Carroll
Muller Associates, Inc., hereinafter called the CONSULTANT, provides
for the terms and conditions under which the OWNER intends to retain
the CONSULTANT to provide Professional Engineering Services required to
completepreliminary project design, feasibility report, final design,
construction drawings and specifications, and other required contract
documents, contract administration, construction staking and inspection.
The OWNER and the CONSULTANT agree as set forth below:
I. SCOPE OF PROJECTS AUTHORIZED
, The actual description and scope of each project and any special
conditions to this agreement shall be established by the OWNER in
his letter of authorization to proceed with that specific project.
The CONSULTANT shall sign and return to the OWNER a copy of this
letter indicating his intention to proceed with the work so
. authorized.
II. SCOPE OF SERVICES
The scope of services to be provided for each project is generally
as described in "A Guide for Engagement of Engineering Services"
adopted by the Minnesota Society of Professional Engineers and the
Consulting Engineers Council of Minnesota (hereinafter referred to
as the 1972 Guide) or as modified herein. A summary of these services
Is as follows:
A. Preliminary Design Phase
The preliminary project design and feasibility report shall
Include the normal planning, engineering and land surveying
services as follows:
1. Collect and review applicable existing data and reports per-
taining to the project which may have a bearing on establish-
ing routes, service areas and ultimate desiyn criteria.
9A 2s-
2
2. Develop preliminary design and cost estimates of va
r
i
o
u
s
alternates to determine feasibility. This work incl
u
d
e
s
field checking critical features of routes and supe
r
v
i
s
i
o
n
of soil testing where necessary.
3. Submit 15 copies of project feasibility report to O
W
N
E
R
i
n
c
l
u
d
i
n
g
,
but not limited to, Engineer's certification, disc
u
s
s
i
o
n
o
f
feasibility study findings, and proposed project de
s
c
r
i
p
t
i
o
n
s
,
Engineer's recommendations as to selection of alter
n
a
t
e
s
,
preliminary cost estimate summaries, proposed meth
o
d
o
f
assessment, preliminary assessment rolls, and typi
c
a
l
n
o
t
i
c
e
of public hearing and proposed project schedule.
4. Assist the OWNER in the preparation of application
f
o
r
a
n
y
State or Federal grants which may be available for
t
h
e
w
o
r
k
.
5. Complete any rate studies which the OWNER may requ
e
s
t
.
B. Basic Services - Final Design Phase
• Final design, construction drawings and contract doc
u
m
e
n
t
s
s
h
a
l
l
include the normal planning, engineering, land surve
y
i
n
g
s
e
r
v
i
c
e
s
. as follows:
1. Refine alternates selected by the OWNER to the exte
n
t
n
e
c
e
s
s
a
r
y
•• to develop final plans and specifications.
2. Perform field surveys required for final design.
3. Supervise soil borings required for final design.
4. Prepare construction drawings.
5. Prepare estimate of construction costs.
6. Submit plans and specifications to the OWNER and ap
p
l
i
c
a
b
l
e
governmental agencies for approval.
7. Prepare proposal forms, advertisements for bids an
d
d
a
t
a
f
o
r
construction contract.
8. Furnish additional copies of plans, specifications
a
n
d
c
o
n
t
r
a
c
t
documents to prospective bidders.
9. Assist in securing bids and conducting the bid ope
n
i
n
g
.
10. Tabulate bids and recommend action to be taken on
t
h
e
b
i
d
s
.
• 11. Land survey, establishment of boundaries and monu
m
e
n
t
s
a
n
d
preparation of land and easement descriptions, both
t
e
m
p
o
r
a
r
y
and permanent.
3 alc
1W"
3
12. Assistance to the OWNER in negotiation with individuals, corpo-
rations, municipalities or any other local, state or federal
authorities for acquisition of property easements or right-of-
way or agreements required for the initiation, prosecution and
construction of the project.
C. Construction Phase
Construction phase services shall include the normal engineering
and land surveying services as follows:
1. Construction management including general supervision, resident
engineering and inspection of Contractor's operations.
2. Construction staking.
3. Review shop drawings and related data of the Contractor and
manufacturers.
• 4. Coordinate the work of testing laboratories.
5. Revisions of plans and specifications and preparation of change
orders required by the OWNER after approval by the OWNER.
Review and process the Contractor's periodic and final
payment requests.
7. Record drawings of completed project including revisions made
during construction.
8. Assisting the OWNER in preparation offinal assessment data from
information furnished by the OWNER.
9. Special meetings attended or trips made at the OWNER'S
request at locations other than the OWNER'S or CONSULTANT'S
office or the project site.
10. Assistance to OWNER in litigations.
III. PAYMENT FOR SERVICES
A. Payment for CONSULTANT'S professional services described under
the previous Section shall be based on the actual time spent on
the project times an hourly rate to be determined as follows:
. The hourly rate shall be the actual hourly salary times a
multiplier which will vary with the volume of work authorized
during the year (1977).
. The multiplier will decrease as total fees increase in
accordance with the graph attached to this Agreement. The
multiplier will be recalculated for each monthly billing.
1.74, ••••n••
B. The OWNER shall compensate the CONSULTANT for all reimbursable
expenses, actual expenditures for the CONSULTANT'S additional
services, other than the hourly fees, directly connected with
the project, including mileage, cost of soil borings, testing or
special consultants as directed by the OWNER and identifiable
materials, services or supplies used in reproduction of records,
drawings and specifications or field work.
IV. OWNER'S RESPONSIBILITY
The OWNER shall make available or allow access to all existing data
related to the work and all other data or information which may develop
that could possibly have a bearing on the decisions or recommendations
made under this Agreement. The OWNER shall specifically provide:
A. Copies of the calculation and supporting data from any reports
covering the trunk sanitary sewer system, waterworks improve-
ments and storm sewer system as submitted to the OWNER.
8. Proposed or approved subdivision, P.U.D. plats and other pertinent
data which may have a bearing on planning and engineering
, decisions.
C. Topographic mapping and boundary surveys.
D. City records showing names and legal descriptions of property
owners for easements and assessments.
E. Authority for representatives of the CONSULTANT to enter lands
for surveys and other information related to the design and
construction of the project.
F. The OWNER will pay for all soil testing required throughout
the design and construction of the project.
G. The OWNER will pay for laboratory tests of materials and
workmanship.
V. TERM, TERMINATION, SUCCESSORS AND ASSIGNS
A. Term of the contract shall be concurrent with the work authorized
between January 1, 1977, and December 31, 1977.
B. Termination may be accomplished by either party at any time by
written notice. However, the CONSULTANT may not terminate his
services during critical stages of individual projects as
determined by the OWNER. If the OWNER does not proceed with a
project for any reason, the Engineer shall be paid for all work
performed to that time, plus net outside expenses, plus all
engineering services not paid previously by the OWNER.
C. The OWNER and the CONSULTANT each binds itself, its partners.
successors, assigns and legal representatives to the other party
3971,
S
of this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all
covenants of this Agreement.
D. Neither the OWNER nor the CONSULTANT shall assign, sublet or
'
transfer his interest in this Agreement without the written consent
of the other.
VI. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE
A. The CONSULTANT shall maintain time records for hourly fees,
design calculations and research notes in legible form and
make them available to the OWNER upon request.
B. The CONSULTANT reserves the right to secure and maintain
statutory copyright in all published books, published or
unpublished drawings of a scientific or technical character,
and other works related to this project in which copyright
may be claimed. The OWNER shall have full rights to repro-
duce works under this Agreement either in whole or in part
as related to this project. One copy of each drawing shall
be provided in reproducible form for use by the OWNER, but the
original drawings will remain the property of the CONSULTANT.
C. The CONSULTANT shall carry insurance to protect him from
' claims under Workman's Compensation Acts; from claims for
damages because of bodily injury including death to his
employees and the public, and from claims for property damage.
D. The CONSULTANT shall notify the OWNER in writing when the
total engineering fee for any particular project is about
to exceed 15% of the total project construction cost.
VII. EXTENT OF AGREEMENT AND APPLICABLE LAW
A. This Agreement and all letters of authorization described in
Paragraph A represent the entire and integrated agreement
between the OWNER and the CONSULTANT and supersedes all prior
negotiations, representations or agreements, whether written
or oral with respect to the projects to be authorized. This
Agreement may be amended only by written instrument signed
by both OWNER and CONSULTANT.
B. This agreement shall be governed by the laws of the State of
Minnesota.
3119
-6
IN WITNESS WHEREOF. THE OWNER AND THE CONSULTANT have made and executed
this Agreement:
FOR THE CITY OF EDEN PRAIRIE FOR RIEKE CARROLL MULLER ASSOCIATES, INC.
Mayor Date Vice President Date
Manager Date
WITNESS
WITNESS
tO
2.8—: - 2.7- 20 40 GO 80 100 120 140 ISO TOTAL FEES PAID TO RCM BY EDEN PRAIRIE -1977,1N THOUSANDS or DOLLARS BASIS FOR COMPENSATION: ACTUAL SALARY,REDUCED TO HOURLY WAGE,TIMES HOURS ON AUTHORIZED PROJECT TIMES MULTIPLIER ESTABLISHED BY GRAPH. THE MULTIPLIER WILL BE BASED ON THE CUMULATIVE FEES RECEIVED FOR PROJECTS AUTHORIZED UNDER THIS CONTRACT AND WILL BE RECALCUL ATED MONTHLY . MR. RIEKE CARROU.• MULLER ASSOCIATES INC
6.00
4.30 I
. February 11, 1977
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
12-23-76 3352 VOID OUT CHECK
02-04-77 9738 HOPKINS POSTMASTER
9739 JOHN LATZKE
9740 DONNA HYATT
9741 INSTY-PRINTS
9742 GREATER MINNEAPOLIS CHAMBER OF
COMMERCE
9743 SHERATON INN NORTHWEST
9744 GALAXIE MOTEL
02-11-77 9745 A & G DRAFTING
9746 DOC BLANCHARD ENTERPRISES, INC.
9747 NORTHWEST BITUMINOUS CO., INC.
9748 ' CARL G. OLSON & SON
9749 CALVIN ANDERSON AND HELEN
ANDERSON
Postage for utilities
Mileage
Expenses for CRT school
Services-Public Safety dept.
Registration for Joan Meyers
Meeting expenses-Becki Quernemoen
School registration for Donna Hyatt
and Susan Anderson-Public Safety
Engineering supplies
Refund hydrant deposit
Refund hydrant deposit
Refund hydrant deposit
Sewer Easement
(1.00)
37.98 ;
13.09
60.00
19.55
71.76
76.00
50.00 )
50.00
50.00
4,000.00
9750 KRAUS ANDERSON
9751 ASTELFORD EQUIPMENT CO.
9752 ANDERSON AGGREGATE CO.
9753 A & H WELDING & MEG. CO .
9754 BOUTELLE & BAKER CONST.
9755 JENNY BOOMER
9756 BRAUER & ASSOCIATES
9757 BLOOMINGTON LOCKSMITH
9758 COMPUTER ELECTION SYSTEMS, INC.
9759 JAMIE COSTELLO
9760 CTS BUSINESS MACHINES
9761 CUTLER-MAGNER CO.
9762 CHANHASSEN TIRE & AUTO
9763 COPY EQUIPMENT, INC.
9764 CARGILL SALT
9765 DALE DAGGET
9766 RICHARD EISCH
9767 EDEN PRAIRIE SANITATION CO.
9768 PAUL FOSS PRINTING
9769 FEED-RITE CONTROLS, INC.
9770 FRONTIER LUMBER
9771 GRACO, INC.
9772 GROUP HEALTH PLAN, INC.
9773 GENERAL COMMUNICATIONS, INC.
9774 GUNNAR ELECTRIC CO., INC.
9775 MEDCENTER HEALTH PLAN
9776 DIANNE HANSON
9777 GEORGE M. HANSEN CO.
9778% RICHARD HOLLOWAY
9779 JACK HACKING
9780 RICHARD HARGROVE
9781 HOPKINS RADIATOR SERVICE
Refund building permit 501.60
Parts for equipment 49.80
Sand-Snow & Ice control 311.99
Angle iron-Park Maint. 24.00
Refund building permit 751.85
,,,6 - Refund on karate lessons , .. 12.50,
Services for Round Lake Park Plan 42.26
Keys-Public Safety dept. 1.90
Balance due on election equipment 12,884.57
Refund on karate lessons 12.50
Calculator-Building dept. 69.95
Lime-Water dept. 130.69
Equipment repair 6.00
Supplies-Park Planning dept. 35.85
Deicing salt-Snow & Ice control 688.99
Refund on cross country skiing class 6.00
Refund on karate lessons 12.50
Jan. and Feb. services 8.00
Decal-license 76.00
Ferric Sulfate-Water dept. 1,100.00
Materials 163.66
Shop materials 223.91
February insurance for employees 588.84
Radio repairs and battery for otger 58.00
Service-Park dept. q 140.30
Employees insurance for Fib. 598.64
Mileage 18.30
Services on 12-31-76 audit 1,530.00
Services for Dec. and Jan. 315.00
Expenses 149.78
Refund on karate lessons 12.50
Equipment repair services 28.00
,yr1,1
February 11, 1977
9782 HILLCREST SAFETY EQUIPMENT Fire pagers-Fire dept.
9783 HENNEPIN COUNTY PARK RESERVE 4 Skill development program-
DISTRICT 5e-_,_. L ., c c ,,,..•, Park & Rec. dept.
_
9784 HENNEPIN COUNTY Prisoners board and room
9785 HENNEPIN COUNTY GOVERNMENT
CENTER Mailing labels-Election 100.19
9786 ITASCA EQUIPMENT CO. Equipment parts 6.00
9787 INTERNATIONAL BUSINESS MACHINES Maintenance agreements 69.68
9788 JAMES JENSEN Services-Park Planning dept. 426.64
9789 MARTY JESSEN Jan. expenses 103.00
9790 JOURNEY SPORTS, INC7 Skill development program-
Park & Rec. dept.
9791 ELIZABETH JOHNSON Jan. services
9792 ROBERT KERN Mileage
9793 KARULF HARDWARE Supplies
9794 KOKESH Volleyball
9795 JOHN LATZKE Mileage
9796 LOCAL GOVERNMENT INFORMATION
SYSTEMS Service for December
9797 M. E. LANE, INC. Forgery and Public Official bond
for John Frane 203.00
9798 GEORGE LILLIE Macrame instructions 24.00
9799 L. P. MAINTENANCE CO. Equipment parts 52.23
9800 LEAGUE OF MINNESOTA CITIES Handbook for statutory cities 175.00
9801 LIGHTING CONCEPTS Overhead lights-Water Plant A'&"' 27.10
9802 LEEF BROS., INC. Rugs and Rags 162.45
9803 MINNESOTA VALLEY ELECTRIC CO-OP Service for house owned by Park dept. 3.75
9804 MFOA Membership-John Frane 30.00
9805 ROBERT MARTZ Jan. expenses 105.70
9806 MICHIGAN STATE UNIVERSITY Registration for Ed. Sorensen 60.00
9807 MINNESOTA RECREATION & PARK
ASSN. Membership-Sandra Werts
9808 METROPOLITAN WASTE CONTROL
COMMISSION Sewer service charges-March 13,076.47
9809 WADE MORGAN Refund on karate lessons 12.50
9810 3M BUSINESS PRODUCTS Copy machine-Public Safety dept. 71.00
9811 METRO PRINTING, INC. Printing service-Crime Prevention
Grant, Public Safety and for
Newsletters 454.00
9812 MODERN TIRE CO. Equipment repair service 57.78
9813 MEDICAL OXYGEN Oxygen-Fire dept. 30.00
9814 NORTHWESTERN NATIONAL BANK Bond payment 366,302.25
9815 MISSY NELSON Gymnastics refund 10.00
9816 NORTHWESTERN BELL Services 1,316.94
9817 NORTHERN STATES POWER Services 778.92
9818 EARL V. OSIER Services-Schooner Blvd.-/c9 , t.,......, .- 100.00
9819 PHYSICIANS HEALTH PLAN Feb. employees insurance 2,812.82
9820 J. C. PENNYS Equipment service:repair 20.00
9821 DICK PUTNAM Jan. expenses 104.35
9822 BONNIE PEARSON Refund on quilting class 13.00
9823 PINK SUPPLY CORPORATION Towels-Fire dept. s v-ti 4 115.00
9824 PEPSI-COLA CO. Employees pop 83.00
9825 RAINBOW SIGNS, INC. Cards-Public Safety dept. 28.08
02-1 77 691.20
244.00
2.00
222.00
199.88
24.99
560.37
19.95
13.09
923.93
30.00
39”
39t1
February 11, 1977
Contract-Estimate No. 5, School
Road Paving
Services-Lochanburn Area
Dictating machine-Public Safety
Services-Park dept.
Jan. services
Office supplies
Mileage
Senior citizen's services
Portable restrooms-Parks
Radar-Public Safety dept.(to be
assisted by Federal Funding)
Oil and fuel for equipment
Materials-Public Safety dept.
Equipment repair service
Equipment parts
Bulletin boards-Public Safety dept.
Buddy bumpers for Public Safety
cars
Computer paper
Refund on alpine skiing lessons
Equipment repair service
Feb. expenses
Film rental-Fire dept.
Uniforms for Public Safety and
Fire dept.
Equipment parts
Refund on macrame class
Registration for 15 people for
the municipals dinner
TOTAL
02-1 1 -77 9826 R1EGGER ROADWAYS
9827
RIEKE-CARROLL-MULLER ASSOC., INC.
9828
SYSTEMS 3,INC.
9829
SUBURBAN ENGINEERING INC.
9830
DONNA STANLEY
9831
STARR OFFICE SERVICES, INC.
9832
ED SORENSEN
9833
SUBURBAN COMMUNITY SERVICES
9834
SATELLITE INDUSTRIES, INC.
9835
STANDARD LAW ENFORCEMENT
SUPPLY CO.
9836 W. GORDON SMITH CO.
9837 SIWEK LUMBER CO.
9838 SUBURBAN AUTO ELEOTRIC
9839 SUBURBAN CHEVROLET CO.
9840 W. E. NEAL SLATE CO.
9841 TAYLOR'S MFG.
9842 TELE-TERMINALS
9843 VIONNE J. THIESE
9844_ TOWN'S EDGE FORD
9845 ROGER ULSTAD
9846 UNIVERSITY OF MINNESOTA
9847 UNIFORMS UNLIMITED, INC.
9848
VALLEY EQUIPMENT CO.
9849
KATHRYN WILKINSON
9850
MUNICIPALS
2,528.22
154.46
434.00
269.50
108.00
123.99
76.34
2,000.00
257.70
2,057.16
322.33
3.95
58.20
9.86
272.00
222.96
30.00
21.00
145.46
100.00
3.00
1,400.34
3.85
3.25
108.75
425,572.14
TO:
THRObEle
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
February 11, 1977
Proposed Land Divisions in Rural Zoning Districts
The attached land division requests have been submitted by W. Torjeson
and Mr. Good. The zoning of both properties involved is Rural. Adminis-
trative land divisions, pursuant to Ordinance No. 161, have been allowed
in rural districts, but only if the resulting parcels are 5 acres or more
and 300 feet of frontage on an existing street right-of-way.
The staff has some confusion as to how to deal with requests for land
divisions in rural districts. State Law, Chapter 462.358, Subd. 4, al-
lows a property owner to bypass City regulations and record any land
division if the resulting parcel is "a single parcel of land of not less
than 5 acres in area and having a width of not less than 300'," thus a
5 acre,300' wide parcel can be legally recorded even though it ray not
have frontage on a public right-of-way.
City Ordinance No. 93, Section 10, prohibits private streets and also
requires that "all lots shall have frontage on a publicly dedicated street
or a street that has received legal status as such," except in the case
of a PUD where private streets are allowed. Thus, we can deny a build-
ing permit for any parcel in th6 rural district which does not have front-
age abutting a public right-of-way.
Zoning Ordinance No. 135 requires 5 acre,300' wide minimum lot sizes for
the rural district. The setbacks are 50' front and rear yard, 50' and 100'
sideyard. Under the "Permitted Uses" section of Ordinance No. 135 for
the rural district it reads, "Single family detached dwellings and ac-
cessory structures without platting on parcels of no less than 5 acres."
This seems to imply that public streets are not to be platted in rural
dis&irts and that any 5 acre parcels to be divided must have frontage
on an existing street right-of-way.
Unless otherwise directed by the City Council, it is our intent to pro-
ceed as follows regarding land division requests in rural areas:
1. Grant the division and issue a building permit if the resulting
parcel ha& 5 acres or more and 150' or more frontage on a public
street and no setback variances arc required.
-2-
2. Refer the applicant to the Board of Appeals and Adjus
t
m
e
n
t
s
if a minor (10%) variance is requested from the acrea
g
e
,
f
r
o
n
t
-
age and setback requirements.
3. Instruct the applicant to apply for rezoning to R1-22
i
f
t
h
e
above conditions cannot be met. We will inform the a
p
p
l
i
c
a
n
t
that such rezoning is unlikely if City sewer is not a
v
a
i
l
a
b
l
e
,
unless the applicant can assure the City that a poten
t
i
a
l
p
o
l
-
lution problem will not occur and that the rezoning i
s
n
o
t
a
"spot" rezoning situation.
CJJ:kh
Attachments