HomeMy WebLinkAboutCity Council - 03/15/1977 •
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JOHN FRANE
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 15, 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Hilly aye, Joan
Meyers, Dave Osterholt and Sidney'Pauly ,
COUNCIL STAFF: City Manager Reser Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam;
Finance Director John Frane; Director of
Community Services Marty Jessen; Engineer
Carl Jullie; Joyce Provo, Rectprding
Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APPROVAL OF AGENDA AND DTHER ITEMS OF BUSINESS
II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, MARCH 1, 1977 Page 4048
III. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Mr. Herleiv Helle for rezoning
B. Requests for three Public Hearings
1. Pillsbury Company for April 19, 1977
2. Hustad's for Environmental Assessment and rezoning of property
adjacent to the Purgatory Creek Corridor for April 12
3. Walnut Addition for April 5
IV. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 77-6, relating to the Board of Appeals Page 4058
& Adjustments and amending Ordinance No. 135
B. 2nd Reading of Ordinance No. 77-12, amending Ordinance No. 315, Page 4062
correcting legal description on Minnesota Protective Life property
C. 2nd Reading of Ordinance No. 77-13, relating to the Building Codes Page 4064
and amending Ordinance No. 248
D. Resolution No. 77-33, providing for the inclusion of South Hennepin Page 4067
Human Services Council Employees as City of Eden Prairie Employees
for the purpose of Health and Life insurance benefits
E. Resolution No. 77-36_,relating to the Endorsement of State Financing for Pe9e 4059
Certain Feelure, of 911 E errlency Telephone Systems
V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
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A. Reports of Council members j
B. Reports of Advisory Commissions }!
7.
Council Agenda 2 - Tues.,March 15, 1977
C. Report cf City Manager
1. Discussion on Sign Ordinance
2. Discussion on Municipal Liquor Page 4076A
3. Vernon Seck and Cedric Warren request for a private off-sale
liquor store (continued from 1/18/77)
4. Council Goals & Objectives for 1977-78 Page 4077
D. Report of Director of Community Services
1. 1976 State Subsidy for Butch Elm Diseased Trees Page 4081
E. .Report �f City Engineer
1. Approve plans and specifications and order advertisement for Page 4082
bids for utilities on Herita Liload, I.C. 51-29D (Res.No. 77-34)
2. Accept utilities and streets in Amsden Hills Addition Page 4083
3. Authdlizaticn to prepare plans and specifications and advertise Page 4036
for bids on City Well and Pumphouse No. 3
4. Receive petition and order feasibility stud for utilities in Page 4089
Edenview I, and Kucher's 1st htld s,�C. 1-390 (Res.No. 77-35)
5. Agreement with Minnesota Bepartment of Transportation for traffic Page 4091
signals at Interstate 494 ramps to T.H. 169
F. Report oftFinance >sirector
1. Payment of Claims Nos. 9956 - 1O090; 5001 - 5349 Page 4094
2. Clerk's License List Page 4097
VI. NEW BUSINESS
VII. ADJOURNMENT. •
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 1, 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam;
City Engineer Carl Jullie; Director of
Community Services Marty Jessen; and
Joyce Provo, Recording Secretary
INVOCATION: Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPRDVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Pauly moved, seconded by Meyers, to approve the Council Agenda as
published. Motion carried unanimously.
II. MINUTES
A. Minutes of the Council Meeting held Tuesday, February 8, 1977
Pg. 2, 2nd para., 3rd line, after "assessment," add "easement".
MOTION: Osterholt moved, seconded by Meyers, to approve the
minutes of the Council meeting held Tuesday, February 8, 1977,
as amended and published. Motion carried unanimously.
B. Minutes of the Council Meeting held Tuesday, February 15, 1977
MOTION: Meyers moved, seconded by Bye, to approve the minutes
of the Council meeting held Tuesday, February 15, 1977, as
published. Motion carried unanimously.
III. PUBLIC HEARINGS
A. Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290
City Engineer,Jullie spoke to his memo dated February 25, recommending
that the Council adopt Resolution No. 1220, ordering the sanitary
sewer and water improvements on Heritage Road, I.C. 51-290, subject to
receipt of $2,000 from the proponents to be used as a $400 per lot
credit against the srccial assessments for Lots 3 and 5, Block 1, and
Lots 7, 8 and 9, Block 4, Heritage Park First Addition.
MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing
and adopt Resolution No. 1220, subject to conditions outlined in City
Engineer Jullie's memo dated February 25, 1977. Motion carried unanimously.
Council Minutes - 2 - Tues.,March 1, 1977
B. Vacation of residue portion of West 78th Street near T.H. 169
City Manager Ulstad spoke to Resolution No. 77-27 and recomnended
approval of same.
MOTION: Osterholt moved, seconded by Pauly, to close the Public
Hearing and adopt Resolution No. 77-27, vacating a portion of
West 78th Street near T.H. 169. Motion carried unanimously.
C. Mark Allen Lewis request for a 30 foot setback on Lot 2, Block
3, Kings Forest Addition to Stevens Heights
City Manager Ulstad explained that the Board of Appeals & Adjustments
had turned down the request from Mark Allen Lewis for a 30 foot
setback on Lot 2, Block 3, Kings Forest Addition to Stevens Heights;
however, Mr. Lewis had requested to be heard before the Council
at a Public Hearing for this purpose.
Mrs. Lewis gave a short slide presentation on the proposed
site location at the various setbacks. She explained that they
would save approximately 5 trees with a 30 foot setback.
Roger Sandvik, 14280 Stratford Road, stated he did not think this
kind of precedent would adhere to the present aesthetic value
of the Kings Forest area,and that the other homes in the area are
at a significant setback. He further explained that in his opinion
a 35 foot setback would be fair and just.
Councilwoman Meyers spoke to the telephone call she had received
from Mr. Ken Nelson, who resides in the area, who wished to be
recorded as being in support of the Lewis' request for the 30 foot
setback.
MOTION: Osterholt moved, seconded by Meyers, to close the Public
Hearing and deny the request of Mark Allen Lewis for a 30 foot setback
on Lot 2, Block 3, Kings Forest Addition to Stevens Heights. Bye,
Meyers, Osterholt and Penzel voted "aye", Pauly voted "nay". Motion
carried.
D. Eden Prairie Industrial Park PUD and Rezoning to Industrial
Planner Putnam reviewed the Staff Reports dated January 17 and February 10, i
and the Planning Commission meeting held February 14, 1977. He explained
that the Planning Commission supported land use Alternate D. The Planning
Commission recommended that future road access from County Road 4 be
provided as the need develops.
Mr. Eide, Jr., Roll Tank Company, and Ernie Moe, representing Mr.
Kanstra, spoke in favor of the I-General zoning.
Glen Reed, Water Products, questioned the closing of the entrance to
Kibbey Engineering. Meyers suggested that there be an alternate driveway
access to Water Products and Kibbey Engineering from Fuller Road in addition
to the present access to Highway 5.
Council Minutes - 3 - Tues.,March 1, 1977
D. Eden Prairie Industrial Park PUD and Rezoning to Industrial (continued)
MOTION: Bye moved, seconded by Pauly, to close the Public Hearing
and adopt Resolution No. 77-19, approving the Eden Prairie Industrial
Park Planned Unit Development to be developed as per the land use
plan Alternate D and Transportation Plan alternatives identified in
the January 17, 1977 Staff Report and Planning Commission minutes
dated February 14, 1977. Said PUD approval to exclude the present
residential properties. Motion carried unanimously.
MOTION: Bye moved, seconded by Pauly, to approve the First Reading
of Ordinance No. 77-9, rezoning from I-2 to I-General the areas
designated in the PUD for the Southeast Quadrant of the County Road 4
T.H. 5 Intersection, with appropriate buffering to be worked out
with staff, homeowners and new I-General ownership prior to the
2nd Reading of Ordinance No. 77-9.
MOTION TO AMEND: Meyers moved, seconded by Osterholt, to amend
the previous mon'an by directing the City Attorney to draft a Developer's
Agreement to it: ude as part of the I-General rezoning that Kibbey
Engineering, in .addition to their present access to Highway 5, provide an
alternate access from the easterly portion of their property,referred
to as the Water Products site, to Fuller Road prior to the 2nd Reading
of Ordinance No. 77-9. Meyers, Osterholt and Penzel voted "aye",
Bye and Pauly voted "nay". Motion carried.
Larry Johnson, Kibbey Engineering, stated they have sold property to
their West and there would not be any access for them to get out of their
property except for what they presently now have.
MOTION AS AMENDED: Meyers moved, seconded by Osterholt, to approve
the previous motion as amended. Motion carried unanimously.
E. Garrison Forest by The Preserve. The site is located east of Amsden
Hills and West of Co. Rd. 18.
Don Hess, representing The Preserve, outlined the proposal and
answered questions of Council members.
John Retterath, 9011 High Point Circle, questioned what the recreational
facilities for this total area would be. Planner Putnam pointed out
two facilities: 1) Acquisition of a site for a neighborhood playground
south of Franlo Road to be acquired with monies from the City, and 2)
a mini-park along Franlo Road in the low area north of Amsden Hills.
Council requested a report from Staff on the $275.00 park fee as it
relates to The Preserve's property.
MOTION: Meyers moved, seconded by Bye, to close the Public Hearing
and approve the 1st Reading of Ordinance No. 77-11, rezoning the 16
acres, including Outlot A, from Rural to R1-13.5 for the approximately
50 family lots. Motion carried unanimously.
Council Minutes - 4 - Tues.,March 1, 1977
E. Garrison Forest by The Preserve (continued)
MOTION: Meyers moved, seconded by Osterholt, to direct the City
Attorney to draft a rezoning agreement covering the following:
trail connection from Prairie East Subdivision through the Amsden
Hills and Garrison Forest Subdivision, explore the possibility of
an extension of Garrison Way southerly to connect with Linden
Drive or a feasible alternate extension, and resolution of the
per unit park dedication fee. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 77-26, approving the preliminary plat for Garrison Forest.
Motion carried unanimously.
F. Board of Appeals & Adjustments Ordinance No. 77-6, amending
Ordinance No. 135
MOTION: Bye moved, seconded by Osterholt, to close the Public
Hearing and approve the 1st Reading of Ordinance No. 77-6, relating
to Board of Appeals & Adjustments and amending Ordinance No. 135,
adding "500" on pg. 3, under Subdivision 17.4 and using Alternate
A as part of Subdivision 17.6. Motion carried unanimously.
IV. PETITIONS, REQUESTS & COMMUNICATIONS
A. Carnes RLS, request for approval of an RLS of Tract F of RLS
#1421 into 6 lots
City Manager Ulstad explained that this item was before the Council
on January 18 and there was a question relative to the easement
running over and across adjacent properties.
City Attorney Perbix explained that he had met with Mr. Carnes
and Mr. Carnes is willing to abandon the easement.
Mr. Edward Ames, representing Mr. Carnes, outlined the area on a
map.
MOTION: Osterholt moved, seconded by Bye, to approve the subdivision
of Tract F of RLS 1421 into 2 building sites and a roadway, contingent
on the following conditions: 1) that Carnes release any easement
he has running from his property northward to Rowland Road, and 2) that
Carnes be released from the obligation to provide a pathway as set
forth in the rezoning agreement dated April 6, 1976 under item
3.e. Motion carried unanimously.
B. Mr. Belle's request for rezoning
City Manager Ulstad acknowledged a request from Mr. Belle to continue
this item to March 15, 1977.
MOTION: Osterholt moved, seconded by Bye, to continue Mr. Belle's
request to the March 15, 1977 Council meeting. Motion carried
unanimously.
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Council Minutes - 5 - Tues.,March 1, 1977
V. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 77-12, amending Ordinance No. 315,
correcting legal description on Minnesota Protective Life
property.
MOTION: Meyers moved, seconded by Penzel, to approve the 1st Reading
of Ordinance No. 77-12, amending Ordinance No. 315, correcting legal
description on Minnesota Protective Life property. Meyers, Penzel,
Bye and Pauly voted "aye", Osterholt "abstained". Motion carried.
B. 2nd Reading of Ordinance No. 77-7, relating to the creation of a
Planning and Zoning Commission for the City of Eden Prairie and
repealing Ordinance No. 255
Meyers requested on page 2, that the last part of item (2) be
brought over to the left hand margin. City Attorney Perbix
stated he would make the necessary change.
MOTION: Bye moved, seconded by Osterholt, to approve the 2nd Reading
of Ordinance No. 77-7, relating to the creation of a Planning and
Zoning Commission for the City of Eden Prairie and repealing
Ordinance No. 255. Bye, Osterholt and Pauly voted "aye",
Meyers and Penzel voted "nay". Motion carried.
C. 2nd Reading of Ordinance No. 77-5, relating to the Historical
and Cultural Advisory Commission and amending Ordinance No. 346
Change to be made on page 2, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbix to
make the necessary change.
MOTION: Bye moved, seconded by Pauly, to approve the 2nd Reading
of Ordinance No. 77-5, relating to the Historical and Cultural
Advisory Commission and amending Ordinance No. 346. Bye,
Pauly, Osterholt and Penzel voted "aye", Meyers voted "nay".
Motion carried.
D. 2nd Reading of Ordinance No. 77-4, relating to the Industrial
Commission for the City of Eden Prairie and amending Ordinance
No. 79
Change to be made on page 1, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbix to
make the necessary change.
MOTION: Osterholt moved, seconded by Bye, to approve the 2nd
Reading of Ordinance No. 77-4, relating to the Industrial
Commission for the City of Eden Prairie and amending Ordinance
No. 79. Osterholt, Bye, Meyers and Pauly voted "aye", Penzel
voted "nay". Motion carried.
Council Minutes - 6 - Tues.,March 1, 1977
E. 2nd Reading of Ordinance No. 77-2, relating to the Human Rights
Commission and amending Ordinance No. Ill as amended
Change to be made on page 2, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbix to
make the necessary change.
MOTION: Bye moved, seconded by Pauly, to approve the 2nd Reading
of Ordinance No. 77-2, relating to the Human Rights Commission
and amending Ordinance No. 111 as amended. Bye, Pauly and Osterholt
voted "aye", Meyers and Penzel voted "nay". Motion carried.
F. 2nd Reading of Ordinance No. 77-3, relating to the Parks, Recreation
& Natural Resources Commission and amending Ordinance No. 291
Change to be made on page 2, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbix to
make the necessary change and also to make language uniform to
other ordinances.
MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd
Reading of Ordinance No. 77-3, relating to the Parks, Recreation
& Natural Resources Commission and amending Ordinance No. 291.
Osterholt, Pauly and Bye voted "aye", Meyers and Penzel voted "nay".
Motion carried.
G. 1st Reading of Ordinance No. 77-13, relating to the Building
Codes and amending Ordinance No. 248
Changes to be made to Ordinance No. 77-13: Pg. 1, 1st para. of
Section 204.6, Subdivision 1, strike "seven members" and insert
"five members"; and on pg. 2, item (2) to be brought over to the
left hand margin. City Attorney Perbix to make the necessary
changes.
MOTION: Osterholt moved, seconded by Meyers,to approve the
1st Reading of Ordinance No. 77-13, relating to the Building Codes
and amending Ordinance No. 248. Osterholt, Meyers, Bye, Pauly
and Penzel voted "aye". Motion carried unanimously.
VI. APPOINTMENTS
A. *Appointment of 3 members to the Planning & Zoning Commission for
three year terms to commence March 1, 1977
B. *Appointment of 3 members to the Historical and Cultural Commission for
three year terms to commence March 1, 1977
C. *Appointment of seven members to the Industrial Commission for three year
terms to commence March 1, 1977
D *Appointment of one member to the Parks, Recreation & Natural Resources
Commission for a three year term to commence March 1, 1977
E. *Appointment of seven members to the Human Rights Commission for three
year terms to commence Flare , 9 7
*The following action was taken on items VI., A, B, C, D, & E:
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Council Minutes - 7 - Tues.,March 1, 1977
VI. APPOINTMENTS (continued)
MOTION: Meyers moved that those Council members who have names
to be submitted for nomination be voted on tonight to fill the
several vacancies as listed. Motion died for lack of a second.
MOTION: Osterholt moved, seconded by Bye,to continue VI.,A,B,C,D & E to
the first meeting in April and request members of Boards and
Commissions whose terms have expired to serve until that time.
Further that anyone who is interested in serving on a particular
Board or Commission submit their request to the City Manager
to be distributed to Council members prior to the 1st meeting
in April. Osterholt, Bye and Pauly voted "aye", Penzel and
Meyers voted "nay". Motion carried.
Meyers explained that her "no" vote was for extension of time and
not against soliciting of information.
Council requested that information as to the vacancies on the
Boards and Commissions be publicized, i.e., Eden Prairie News
and Happenings Newsletter.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Report of Councilwoman Pauly
Pauly spoke to four Public Hearings which have been
requested by the proponents.
MOTION: Pauly moved, seconded by Bye, to set
April 5, 1977 as the Public Hearing date for the
following proposals: I) Edenvale Industrial
Park, Outlot F, 2) Woodlands Addition, Edenvale
NW Area, 3) Tudor Oaks, Convenant Living Centers,
Mn.,Inc., and 4) Prairie East Third Addition. Motion
carried unanimously.
2. Report of Councilwoman Meyers
Meyers reported on the Board of Appeals & Adjustments
meeting held February 17, 1977.
B. Reports of Advisory Commissions
No Reports.
C. Report of City Manager
1. Status Report on Fire Department Capital Improvement Program
City Manager Ulstad explained that this item has been before
the Council in December and at that time the Council requested
Council Minutes - 8 - Tues.,March 1, 1977
1. Status Report on Fire Department Capital Improvement Program
(Continued)
additional information relative to specific locations and
approximate dollar costs which now have been received.
Ulstad spoke to memos dated December 9, 1976 and March 1,
1977 and answered questions of Council members.
Chief Ray Mitchell, Eden Prairie Fire Department,stated that
they would like to meet with various homeowners associations
and civic groups to find out if support for their proposal
can be obtained.
Council members directed staff to proceed with meetings with
homeowners associations, civic organizations, etc.
D. Report of Director of Community Services
1. Consider bids for tractor and bucket truck _
Director of Community Services Jessen spoke to his memo dated
March 1, 1977 recommending awarding of the contract for a General
Utility Tractor to Valley Equipment in the amount of
$8,090.00.
Gregg Carlson, Carlson Equipment, spoke to his bid and requested
Council consider same. Although Carlson Equipment was the lowest
bidder, Jessen recommended the second lowest bidder as Carlson
Equipment bid a Long Diesel Tractor which is a FIAT-made import
from Italy and does not strictly meet the specifications. Also
the City's investigation finds that parts and repair may be difficult
to secure in a timely fashion.
MOTION: Osterholt moved, seconded by Meyers, to award the bid
for a General Utility Tractor to Valley Equipment in the amount of
$8,090.00. Roll Call Vote: Osterholt, Meyers, Bye and Penzel
voted "aye", Pauly abstained. Motion carried.
Jessen spoke to his memo dated March 1, 1977 on bids received
for a Truck with Aerial Basket and recommended awarding the contract
to Landco Equipment, Inc., in the amount of $19,119.00.
MOTION: Osterholt moved, seconded by Bye, to award the bid for a
Truck with Aerial Basket to Landco Equipment Company in the amount
of $19,119.00. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and
Penzel voted "aye". Motion carried unanimously.
2. Request to advertise for bids for log loader •
Director of Community Services Jessen spoke to his request to
advertise for a lug loader.
MOTION: Osterholt moved, seconded by Bye, to authorize the
advertisement of bids for a log loader to be received on April 1,
1977 and received on April 5, 1977. Motion carried unanimously.
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Council Minutes - 9 - Tues.,March 1, 1977
Jessen referred to a communication received from Pete Grills,
Department of Agriculture, which outlines a grant of $49,100 to
be used for dutch elm removal for the City of Eden Prairie for
1976. (Communication dated February 22, 1977)
E. Report of City Engineer
1. Approve plans and specifications and order advertisement for
bids on utility and street improvements in Forest Knolls
2nd Addition, I.C. 51-294
City Engineer Jullie recommended approval of Resolution
No. 77-29.
MOTION: Osterholt moved, seconded by Pauly, to adopt
Resolution No. 77-29, approving plans and specifications
and ordering advertisement for bids (I.C. 51-294). Motion
carried unanimously.
2. Approve plans and specifications and order advertisement
for bids on utility and street improvements in Stewart
Highlands, I.C. 51-299
City Engineer Jullie recommended approval of Resolution
No. 77-28.
MOTION: Meyers moved, seconded by Pauly, to adopt
Resolution No. 77-28, approving plans and specifications
and ordering advertisement for bids (I.C. 51-299). Motion
carried unanimously.
3. Final Plat approval for Maple Leaf Acres 2nd Addition
City Engineer Jullie spoke to his memo dated February 24,
1977 and recommended approval of Resolution No. 77-31.
MOTION: Meyers moved, seconded by Bve,to adopt Resolution No. 77-31,
approving the Final Plat for Maple Leaf Acres 2nd Addition. Motion
carried unanimously.
4. Joint Use Rental Agreement with Metropolitan Waste Control
Commission for the Duck Lake-1 trunk Sanitary Sewer
City Engineer Jullie recommended approval of the Joint Use
Rental Agreement with the Metropolitan Waste Control Commission
for the Duck Lake-1 Trunk Sanitary Sewer.
MOTION: Bye moved, seconded by Osterholt, to authorize the Mayor
and City Manager to sign the Joint Use Rental Agreement, Contract
No. 438, with the Metropolitan Waste Control Commission for the
Duck Lake-1 Trunk Sanitary Sewer. Motion carried unanimously.
5. RLS for The Preserve Church Site at Center Way and Anderson Lakes
Parkway
City Engineer Jullie spoke to his memo dated February 24, 1977
and recommended approval of the Registered Land Survey for the
Missouri Synod Lutheran Church site in The Preserve.
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Council Minutes - 10 - Tues.,March 1, 1977
5. RLS for The Preserve Church Site at Center Way and Anderson
Lakes Parkway (continued)
MOTION: Meyers moved, seconded by Osterholt, to approve the
Registered Land Survey for the Missouri Synod Lutheran Church
site in The Preserve. Motion carried unanimously.
F. Report of Finance Director
1. Clerk's License List
MOTION: Bye moved, seconded by Pauly, to approve the Clerk's
License List dated March 2, 1977. Motion carried unanimously.
2. Payment of Claims Nos. 9851 - 9955
MOTION: Osterholt moved, seconded by Meyers, to approve Payment
of Claims Nos. 9851 - 9955. Roll Call Vote: Osterholt, Meyers,
Bye, Pauly and Penzel voted "aye". Motion carried unanimously.
VIII. NEW BUSINESS
A. Discussion of City Manager's Salary
MOTION: Osterholt moved, seconded by Bye, to set the City Manager's
salary at $32,000 effective March 15, 1977. Motion carried unanimously.
Other New Business
1. Planner Putnam distributed the Comprehensive Guide Plan
Notebooks to Council members. He further explained that
our allocation for updating our Comprehensive Guide Plan
from the Metropolitan Council is $11,100. Staff requested
Council members to call either Don Brauer or Planner Putnam
with any questions or suggestions.
2. Planner Putnam spoke to request from Wally Hustad affecting
the Purgatory Creek Corridor from County Road 1 South to the
Minnesota River.
Pauly requested that all property owners on the north and south
side of Purgatory Creek be notified when this item
comes before the Council.
IX. ADJOURNMENT
MOTION: Osterholt moved, seconded by Bye, to adjourn the meeting at
11:15 PM. Motion carried unanimously.
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2/15/77
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. Pursuant to M.S.A. 462.351 - 462.364,
there is hereby established a separate Board of Appeals
and Adjustments of the City (hereinafter referred to as
"Board") which consists of five (5) 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 two members
shall be appointed for a term of three years, two for a
term of two years and one for a term of one year. There-
after all appointees shall hold office for the term to
which they have been appointed or until their successor
has been appointed and qualified, whichever is earlier.
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 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
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WHP/azd
3/7/77
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. Commencing with those appointed
to terms in March, 1977, no appointee shall serve
consecutively more than two three-year terms, plus
(1) any portion of an unexpired term to which
he or she may have been appointed, or
(2) the remainder of any term to which he or
she had been appointed prior to March 1977,
'provided, however, the Council by unanimous vote may'
appoint a member to a further term.
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 need not be one of its
members and such other officers as it deems necessary and
advisable. 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, require-
ment, 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 circumstances unique to the
individual property under consideration, and to
grant such variances only when it is demonstrated
/IO;y - 2 -
WHP/azd
2/15/77
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 isnure
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 (6(1 days after filing of a
request for variance of an appeal from an administrative
order or determination, the Board of Adjustments and
Appeals shall set a date for hearing 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 500 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 City Council may elect to review any decision
of the Board, or a decision may be appealed by the
appellant or petitioner within forty-five (45) days
by filing with the City Clerk an appeal to the
Council from the decision of the Board.
4c() - 3 -
WHP/azd
3/7/77
•
(2) The Council shall at its next regular meeting
after the filing of an appeal from a decision
of the Board of Adjustments or Appeals, set a
date for hearing therein which shall be not
later than sixty (60) days after the meeting.
Review shall be made upon the petition and all
the files, documents and records of the proceed-
ings of the matter.
The City Clerk shall make a permanent record
of the disposition of all appeals to it from
decisions from the Board of Adjustments and
Appeals.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie this 1st day of March, 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.
i
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the day of , 1977.
W + - 4
whp/jh 2/25/77 Minn. Protective
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE No. 77-12
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE
NO. 135.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 315 is hereby repealed.
Section 2. Appendix A of Ordinance No. 135 is amended by adding the
following:
That part of Lots 1 and 2 of Auditor's Sub-division No. 335,
lying Southwesterly of U.S. Interstate Highway No. 494 (per
Doc. No. 3677302) and Southeasterly and Easterly of State
Highways Nos. 212 and 169 (per Doc. No. 3677302) and Torrens
Doc. No. 888473) more particularly described as: Beginning
at the Southwest corner of said Lot 1 and running thence, on
an assumed bearing of East and along the south line thereof a
distance of 761.92 feet to its intersection with the southerly
boundary of Interstate No. 494; thence N. 64° 48' 29" W and
along said southerly boundary a distance of 65.85 feet; thence
continuing along said southerly boundary and along a curve
to the left having a chord bearing of N 74 07' 20" W and a
central angle of 20° 19', and a radius of 2446.48 feet, on an
arc distance of 867.50 feet; thence on a tangent to said
curve bearing N 84° 16' 50" W, and continuing along said
southerly boundary, a distance of 124.60 feet; thence S 190
18' 33" W and along the easterly boundary of Trunk Highway
No. 169 a distance of 236.57 feet; thence S 10 02' W a
distance of 55.17 feet to a point on the south line of Lot
2 of said Auditor's Sub-division No. 335, being also the most
northwesterly corner of Lot 2 of the plat of LEONA ADDITION;
thence east along saidsouth line a distance of 330 feet more
or less to the southeast corner of said Lot 2 and the southwest
corner of Lot 1 and being the point of beginning; and Lots 1,
2 and 3, Block 1, Leona Addition, according to the record plat
thereof; all of which land is situated in Hennepin County,
Minnesota.
which property shall be and hereby is removed from rural zone and shall be
included hereafter in the Office District (OFC) zone.
•
Section 3. The above described property shall be subject to the terms
and conditions of that certain Rezoning Agreement dated June 22, 1976,
entered into between MINNESOTA PROTECTIVE LIFE INSURANCE CO., a 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 Office District (OFC).
Section 4. 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 , 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 , 1977.
-2-
•
WHP/azd
3/4/77
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77-13 !'
AN ORDINANCE RELATING TO BUILDING CODES AND
AMENDING ORDINANCE NO. 248
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN
AS FOLLOWS:
Section 1. Section 204.6 of Chapter 2 of the 1973 edition
of the Uniform Building Code of Ordinance No. 248 is hereby
amended to read as follows:
Section 204.6 Subdivision 1. In order to determine
the suitability of alternate materials and methods of
construction and to provide for reasonable interpreta-
tions of the provisions of this Code, there shall be
and hereafter referred to as "The Board" which shall
consist of five 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 two members
shall be appointed for a term of three years, two for a
term of two years and one for a term of one year. There-
after all appointees shall hold office for the term to
which they have been appointed 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
WHP/azd
3/4/77
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 dis-
qualified by the chairman of the commission. No one
shall be appointed to the commission who holds an
elective office. Commencing with those appointed to
terms in March, 1977 no appointee shall serve
consecutively more than two three year terms plus
(1) Any portion of an unexpired term to which he
or she may have been appointed or
(2) the remainder of any term to which he or she
had been appointed prior to March 1977
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 nonattendance
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.
Subdivision 3. The Board shall adopt reasonable rules
and regulations for conducting its investigations and
shall render all decisions and findings in writing to the
building official with a duplicate copy to the appellant
- 2 -
ur6
WSP/azd
3/4/77
and may recommend to the Council such new
legislation as is consistent therewith.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie this 1st day of March, 1977, and finally
read and adopted, and ordered published at a regular meeting of
the City Council of said City on the day of March, 1977.
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the day of , 1977.
•
— 3 - 4666
TO: MAYOR AND COUNCIL
THRU: Roger Ulstad, City Manager
FROM: John Frane, Finance Director
DATE: March 10, 1977
RE: Health and Life Insurance for the South Hennepin Human Service Employees
The board of SHHSC has asked the City to consider the inclusion
of the present 2 employees of the SHHSC as City of Eden Prairie
Employees for purposes of health and life insurance. These people
are now served by the City of Bloomington for payroll purposes,
however, the insurance carriers for Bloomington cannot insure
SHHSC employees; a participant in the "county" insurance plan of
which we are a member could provide the benefit.
We would be reimbursed 100% for the cost of health and life insurance
paid on behalf of SHHSC.
Adoption of resolution No. 77-33 would provide the vehicle by which
SHHSC can obtain health and life insurance.
ODF:bq
3/10/77
UU.�7
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO 77-33
Providing for the inclusion of South Hennepin
Human Services Council Employees as City of
Eden Prairie Employees for the purpose of Health
and Life insurance benefits.
WHEREAS, the South Hennepin Human Services Council (SHHSC) has
agreed to reimburse the City for the actual cost of Health and Life
Insurance coverage paid in behalf of SHHSC employees.
BE IT RESOLVED, that the employees of the South Hennepin Human
Service Council receiving Health and Life Insurance benefits as
a condition of their employment be considered employees of the City of
Eden Prairie for purposes of Health and Life Insurance.
ADOPTED this day of , 1977.
• Wolfgang H. Penzel, Mayor
SEAL
ATTEST:
John D. Frane, City Clerk
r.
4'U�d
March 2, 1977
TO: Roger Ulstad
FROM: Keith Wall tevi
SUBJECT: 911 Telephone System Financing
Attached is a sample resolution drafted by the 911 Telephone System
subcommittee of HECO. They are urging that HECO members present these
to their city councils for consideration. Also attached is a policy
statement of this committee which describes their position on funding
for this system.
We have participated in the majority of HECO proceedings and feel that
a good deal of time and effort has been spent exploring alternative
funding measures. Some measures discussed included cost sharing by
all participating communities and user fees added to telephone bills.
These and others were found unacceptable. Using the telephone company's
gross earnings tax as a funding source was the only measure acceptable
to the majority of HECO members. We are hopeful that the city council
will endorse this concept and pass the attached resolution at their
earliest convenience.
y>>h
•
RESOLUTION
Relating to the Endorsement of State Financing for Certain Features of 911
Emergency Telephone Systems,
WHEREAS, the 911 emergency telephone system has been under study in
the State of Minnesota for several years; and
WHEREAS, planning of a 911 emergency telephone system for the entire
seven-county metropolitan area has recently been accomplished;and
WHEREAS, a Metropolitan Inter-County Ad Hoc Committee on 911
financing has prepared a proposal for the financing of 911 telephone systems
on a State-wide basis;and
WHEREAS, the Hennepin Emergency Communication Organization
(HECO), which has been developed to coordinate emergency communication
planning, has demonstrated support for this plan by unanimously adopting it
and encouraging all units of government in Hennepin County to endorse these
same recommendations;and
WHEREAS, legislation mandating the adoption of 911 on a State-wide
basis has been introduced into the last tan sessions of the Minnesota Legislature;
and
WHEREAS, it is anticipated that this issue will again be under consider-
ation in the present session of the Minnesota Legislature;and
WHEREAS, it is anticipated that capital costs for the equipment necessary
to implement the 911 system will be financed with federal and/or state grants;
NOW, THEREFORE, BE IT RESOLVED THAT THE
endorses the"Statement of Policy: 911 Telephone System
Financing" recommendation which encou rages the Minnesota State Legislature
to look on the telephone company gross earnings tax as a source of revenue
for the recurring costs of a basic 911 system.
BE IT FURTHER RESOLVED THAT THE
supports the other recommendations in the report;and
BE IT FURTHER RESOLVED that copies of this Resolution be forwarded
to the legislative representatives of the in
the Minnesota State Legislature, to the 911 Coordinator of the Metropolitan
Council, and to Sheriff Donald Omodt, President of the Hennepin Emergency
STAitntal OF POLICY:
911 TELEPHONE SYSTEM FINANCING
Adopted by:
Hennepin County Criminal Justice Council
Communications Steering Conmittee
January 27, 1977
WO I
•
•
HENNEPIN COUNTY CRIMINAL JUSTICE COUNCIL
COMMUNICATIONS STEERING COMMITTEE
James M. Brekken, Chairman
Chief. Bloomington Police Department
Robert Buresh
Chief, Edina Fire Department
Donald Davis
• Public Safety Director, South Lake Minnetonka
John DuBois
Hennepin County Communications Division
G. Patrick Lilja/John Luce
Hennepin County Emergency Medical Services
Donald Poss
City Manager. Brooklyn Center
• • Dick Richardson
Minneapolis Public Works
Donald Vodegel
Hennepin County Sheriff's Radio Division
This statement of policy recommending a method for financing the recurring
costs of the telephone network and equipment necessary for 911 emergency
telephone service was unanimously adopted on January 27, 1977, by the Hen-
nepin County Criminal Justice Council Communications Steering Committee.
U11�-
STATEMENT OF POLICY:
911 TELEPHONE SYSTEM FINANCING
INTRODUCTION
The 911 telephone system is an emergency response system whereby it
is possible for a person to dial 911 and be connected directly to a public
safety answering center which serves the area from which he is calling
and which has the ability to either directly dispatch the appropriate pub-
lic safety service, extend the call or directly relay the request to the
appropriate responding agency.
The 911 telephone system for the metropolitan seven-county area has
been developed through a planning process that included a 911 planning group
from each county. These groups individually developed, with the assistance
of a consultant, an operational plan for each county. These county oper-
ational plans were translated into technical specifications for a 911 tele-
phone system for the seven-county area by the consultant.
The consultant combined the seven separate county plans in such a way
as to reach an optimum design for the entire area which should provide the
greatest service at the lowest cost.
This position paper is the result of a joint effort of representatives
from each of the seven counties working as an ad hoc task force (see at-
tachment). It is intended that this paper serve as a common understanding
that will be reported to the appropriate county and local officials. It
is also intended that this position paper serve as the basis of seeking
legislative authority to fund the 911 telephone system.
ASSUMPTIONS
1. A 911 telephone system will be mandated for the state.
2. Eventually, 911 will be used throughout the state as the number
to call to obtain emergency assistance.
3. Capital costs for the equipment necessary to implement the 911
system will be paid for with state and/or federal assistance.
4. Although county and municipal governments may be willing and
able to finance certain local recurring costs associated with
this service, the financing capability of local government is
extremely limited and state financial assistance will be sought
to support certain telephone system network costs.
-w73
2
5. It is likely that local units of government and telephone sub-
scribers will experience some increased costs for telephone
service with the implementation of 911.
FACTS BEARING ON THE ISSUE
1. The geographical boundaries of the various political subdivi-
sions in the metropolitan area do not correspond with the tele-
phone exchange boundaries.
2. A great number of these political entities have their own public
safety agencies which require immediate notification of requests
for service.
3. Because these communities are contiguous, it is possible that
a person needing emergency assistance may not know which com-
munity he is in or which public safety agency should be called
to obtain service.
4. It is necessary to provide a telephone system whereby a call
to request service will automatically be routed to the proper
public safety answering point that can either provide the ser-
vice requested or, as in the case of ambulance service in Hen-
nepin County, extend the call to the appropriate agency without
requiring a caller to re-dial.
5. Telephone companies operating in the state of Minnesota do not
pay a local property tax. Instead, they pay a gross earnings
tax to the state of Minnesota.
DISCUSSION
The 911 configuration that has been recommended is an optimum design
for the metropolitan area. It is recommended because through the sharing
of common elements the overall cost is lower and the system will serve
the needs of the entire metropolitan area equally.
The complexities of this areawide system make it virtually impossible
to allocate a fair share of the costs to each public safety answering
point. For example, it is not possible to equitably determine who bene-
fits from a particular trunking arrangement, or a trunking arrangement
may be reconmended which dictates additional telephone lines being routed
to a particular public safety answering point, which in turn, however,
produces a greater reduction in the overall trunking costs for the entire
metropolitan area.
- 3 -
CONCLUSIONS
1. A definition of the basic 911 service to be provided statewide
should be adopted. Such a definition should be expressed in
operational terms rather than technical specifications.
2. The basic level of service for the metropolitan area is by defi-
nition the same as the basic level of service for the rest of
the state. However, the complexity of the system trunking and
the sophistication of the telephone equipment in the metropolitan
area are likely to be greater than out state.
3. It is anticipated that as the units of government increase in
population and density, the telephone trunking and equipment
needed to deliver basic 911 service will increase.
RECOMMENDATIONS
1. That "Basic 911 Service" for the state of Minnesota is defined
as: An emergency response system whereby it is possible for a
person anywhere in the state of Minnesota to dial 911 and be
connected directly to a public safety answering center which
serves the area from which he is calling and which has the ability
to either directly dispatch the appropriate public safety ser-
vice, extend the call or directly relay the request to the ap-
propriate responding agency. (If individual counties and/or
municipalities elect to dispatch some of their emergency services
from a location or locations other than a public safety answering
center, the telephone trunking and equipment necessary to extend
the calls are not considered part of the basic service.)
2. That the recurring costs of the telephone network and equipment
that arenecessary to provide this "basic service" be paid for
by state-collected tax funds.
3. That the telephone termination equipment at the public safety
answering point will be paid for by the governmental unit oper-
ating the public safety answering point.
4. That a governmental unit desiring a level of service greater
than the basic service, as herein defined, is expected to pay
all costs of such additional service.
5. That the state should look to the tax on telephone company gross
earnings as a source of revenue for the recurring 911 basic sys-
tem costs. (It is understood that the gross earnings tax pro-
duces approximately 34 million dollars of revenue annually and
Y�7J
- 4 -
that the anticipated natural growth of this tax revenue each
year will more than cover the projected annual cost of basic
911 service for the state.)
6. That any legislation which mandates 911 throughout the state
include a provision describing the method the state will use
to pay the recurring costs of the basic 911 system.
7. That legislation be adopted which exempts from the provisions
of the levy limitation act local costs of implementing 911 which
exceed existing costs of emergency telephone service. •
•
4011
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°f III*, STATE OF MINNESOTA
,�' f I
4
t{�lL �r,
•° " DEPARTMENT OF AGRICULTURE
STATE OFFICE BUILDING
°4'401 LAND OF QUALITY FOODS SAINT PAUL,MINN. 55155
TELEPHONE: IBM Mi. 3347
February 22, 1977 ei1
Mr. Marty Jessen 11
8950 Eden Prairie Road
Eden Prairie, MN 55343
Dear Mr. Jessen: 142
I am pleased to inform you that your application for state
assistance for Shade Tree Disease Control has been accepted
by the Department of Agriculture. An award of $49,100.00
has been approved for 1976.
Please sign the enclosed contracts and return all four copies
as soon as possible. It is imperative that we close out the
1976 grant program within the month. Upon receipt of the
signed contracts the Department will have the funds encumbered
and will accept your request for payment. In order that
payment may be expedited, I suggest that you submit your
request for payment form with the signed contract. Thank you
for your patience.
Sincerely,
queL
Gr
Peter H. lls, Administrator
Shade Tree Disease Control Program
Division of Plant Industry
PHG:mcw
Enc.
i----c
ENJOY THE HIGH QUALITY AND INFINITE VARIETY OF MINNESOTA FOODS
EQUAL OPPORTUNITY EMPLOYER
•
March 15, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-34
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVER-
TISEMENT FOR BIDS (I.C. 51-290)
WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc.
has prepared plans and specifications for the following improvement, to wit,
I.C. 51-290, Utility improvements on Heritage
Road from T.H. 5 to 300' north of Kilmer Ave.
and has presented such plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is attached
hereto and made a part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in
ther official paper and is 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 Friday, April 15, 1977, and con-
sidered by the Council at 7:30 o'clock P.M. on Tuesday,
April 19, 1977, in the Council Chambers of the City Hall,
and that no bids will be considered unless sealed and
filed with the clerk amd 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
•
MEMO
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: March 11, 1977
SUBJECT: Amsden Hills Addition
Acceptance of Utilities and Streets
Bather, Ringrose, Wolsfeld, Inc., in a letter dated March 10, 1977, has
certified that the construction of municipal sanitary sewer, watermain, storm
sewer, concrete curb and gutter, roadways and walkways has been completed for
the Amsden Hills Addition in accordance with City approved plans and specifi-
cations. The City Engineering Staff has made a final inspection of these
utilities and recommends that the City Council accept for continuous owner-
ship and maintenance the above mentioned utilities and streets. The completed
work will be subject to a warranty of all workmanship and materials through
a Performance Bond issued by St. Paul Fire and Marine insurance Company,
terminating April 29, 1977. The Preserve has submitted a written committment
to cover the remainder of the two year warranty for roadway construction,
which shall expire on March 15, 1979.
A location and utility layout map is attached.
CJJ:kh
Attachment
•
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PLANNING/TRANSPORTATION/ENGINEERINO/ARCHITECTURE
March 10, 1977
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Re: The Preserve
Amsden Hills Improvements
Honorable Mayor and City Council :
This letter is to certify to you that all utilities, including
sanitary sewer, watermain, storm sewer, as well as other site
related improvements, including concrete curb and gutter,
street paving and walkways, were completed in accordance with
the standard Eden Prairie specifications and in accordance with
approved plans for the project. Furthermore, final acceptance
of this work has been made and reviewed by City Engineering
staff.
I further certify that I was the responsible professional
engineer in charge of this work.
Sincerely,
BATHER-RINGRO$E-WOLSFE/L�D, INC.
itivta.s.lot-
4/1
Lawrence J. Gardne/r, P.E.
LJG:nb
BATHER,RINGROSE.WOLSFELD.INC. 7101 YORK AVENUE SOUTH EDINA,MINNESOTA 55W95 PHONE 612/431.2300
02
1
MEMO
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
1 FROM: Carl Jullie, City Engineer
DATE: March 10, 1977
SUBJECT: Request for City Well in Pumphouse No. 3
1 The attached tabulation of the City's Water Treatment Plat operations indicates
1 the dramatic increase in water demands since production began in May of 1974.
1 At this time we are requesting the Council for authorization to proceed with
plans and specifications and bidding for an additional water supply well and
pumphouse. in order to assure system reliability as demand increases, the new
9 well will be located north of T.H. 5 adjacent to Purgatory Creek.
The existing raw water supply system consists of two 2 million gallon per day
1 wells, which provide a firm capacity of 2MGD and a total capacity of 4 MGD.
1 Between July 6th and 14th of this year the firm capacity of the raw water sup-
. ply as exceeded on five out of nine days. The maximum day demand for 1976,
which occurred during this period, was 3.37 MGD, or approximately 84% of the
• total well capacity. If one well had been out of service during this period,
some form of water rationing would have been required because storage capacity
and the distribution system would have been depleted. Although the total
capacity of the raw water supply system has been adequate to supply maximum day
demands to date, such lack of reliability could cause serious problems in the
future.
The estimated cost for the new well and pumphouse breaks down as follows:
Water Supply Well $46,500
Collector 60,000
a Pump and Motor 25,000
Well House 50,000
Sub total $182,000
Plus 15% Engineering &
Administrative fees 27,000
Total Project cost $209,000
City Finance Director, John Frane, indicates that sufficient funds will be
available in the City's water trunk fund for repayment of the debt to be
incurred.
r/
•
- 2 -
•
'br .
The nominal capacity of the City's water treatment plat is 4'million gallons
per day, but the plant can be operated under "emergency" conditions at 6 MGD
by mixing 2 million gallons of unsoftened water with 4 million gallons of
softened water prior to filtration. Some operational problems may result
but they shouldn't be major. it has been projected by Black 6 Veatch, Con-
sulting Engineers, that the peak day demand will be at 6 MGD by 1984. There-
fore, a plan expansion should begin by 1982, allowing two years for completion.
In the meantime, if serious operational difficulties are encountered by oper-
ating at the overload rate, we would be prepared to initiate "odd-even"
sprinkling ban in order to keep the consumption at a rate not exceeding the
4 MGD normal operating capacity.
It is recommended that the City Council authorize preparation of plans and •
specifications and advertise for bids for City well and pumphouse No. 3.
We will prepare the plans and specs in house with some technical assistance
from RCM Associates.
CJJ:kh
Attachment
•
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. 1107,`(
MEMO
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, CIty Engineer
DATE: March 11, 1977
SUBJECT: Petition for Utilities
Eden View and Kutcher Additions
I.C. 51-300
Petitions have been received from the owners of 45 lots in the Eden View I and
Kutcher's First Addition requesting the City council to consider installation
of sanitary sewer and watermain laterals. The location of the petitioners and
project area are shown on the attached map.
The initiators of the petitions were told by my office that we had no specific
cost figures at this time. However, I did explain that the typical costs assessed
in 1976 for those lots which connected to trunk sewer and water lines which served
as laterals were as follows:
Trunk sewer and water $520 per lot
Sanitary sewer lateral $2620 per lot 01965 with 25%
crecit)
Watermain laterals $1420 per lot 01065 with 25%
credit)
Several of the residents in the area have called me over the past few weeks as
the petitions were circulating. I stressed to them that complete cost estimates
could only be given following a detailed feasibility study and that by signing
the petiition the residents were not waiving their public hearing rights or
further binding themselves in a legal sense to accepting the improvements regard-
less of the costs involved.
There is a total of 91 lots which could be involved in the improvements. There-
fore the petitions represent close to 50% of the area and this indicates genuine
and substantial interest in pursuing the improvements. If the Council chooses
to order the feasibility study I would also recommend including approximately
26 lots along Kurtz Lane in the study as a potential addition to the project,
which would complete utility service to that general Birch Island area neighbor-
hood.
It is recommended that the City Council adopt Resolution No. 77-35 receiving'the
petitions from the 45 residents in Eden View I and Kutcher's First Addition and
order preparation of a feasibiltiy study for sanitary sewer and watermain lat-
erals including service along Kurtz Lane, I.C. 51-300.
CJJ:kh
Attachment
March 15, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-35
RESOLUTION ORDERING PREPARATION OF A
FEASIBILITY REPORT, I.C. 51-300
WHEREAS, it is proposed to improve:
1
I.C. 51-300, Utilities in Eden View I,
Kutcher's First Addition and along
Kurtz Lane
and assess the benefitted property for all or a portion of the cost of
the improvement, pursuant to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY
COUNCIL:
That the proposed improvements be referred to the City Engineer
for study with the assistance of Rieke Carroll Muller, Assoc., and that
a feasibility report shall be prepared and presented to the City Council
with all convenient speed, advising the Council in a preliminary way as
to the scope, cost assessment and feasibility of the proposed improvements.
ADOPTED by the City Council of the City of Eden Prairie on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
•
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•
MEMO
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: March 11, 1977 •
SUBJECT: Traffic Signals at T.H. 169 & 1-494 Ramps
The attached letter has been received from the Minnesota Department of Trans-
portation proposing traffic signals at the I-494 ramp intersections at T.H. 169.
The north ramp signal will be at no cost to the City, however the City's share
of the southerly signal at West 78th St. will be $8,500.
A possible funding source for the $8,500 share is the City's MSA Construction
fund. Also, I will contact the Rosemount Co. regarding any possible cost
sharing which may be appropriate from them.
It is recommended that the City Council authorize the Mayor and Manager to enter
into a cooperative agreement with the Minnesota Department of Transportation
for traffic signalization at the I-494 ramp junctions at T.H. 169, in accordance
with the March 2, 1977, letter from R. M. Robinson, District 5 Traffic Engineer.
CJJ:kh
Attachment
yoi
1p�N�ESO)4
Minnesota Department of Transportation
District Five
T1;14% 5801 Duluth Street
Golden Volley,Minnesota 55422
(612)545-3761
March 2, 1977
Mr. Carl Jullie
Eden Prairie City Engineer
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
In Reply Refer To: 315
S.P. 2785-175 I-494
At US 169 Junction
Permanent Signal Systems
Dear Mr. Jullie:
This letter supercedes the previous letter dated February 9, 1977.
The purpose of this letter is to revise the construction cost splits.
The new cost split is as follows:
- The signal system at the north ramp will be funded 70%
by the Federal Government under Primary Funds Program
and 30% State Funds.
- The signal system at the south ramp will remain as
stated in the previous letter. (It will be funded
70% by the Federal Government also under the Primary
Funds Program. The remaining 30% will be split 20%
State and 10% City of Eden Prairie.) The City will
be assessed an additional 6% of its share for engin-
eering and inspection costs.
The total cost remains the same, $140,000, for both signal systems
(the north ramp system will be approximately $60,000 and the south
ramp will be approximately $80,000).
The maintenance responsibility of the painting, cleaning, and re-
lamping of both signal systems; street light maintenance; and power
costs to operate the signal and street light systems will remain
the City's. All other maintenance will be the State's.
An Equal Opportunity Employer ' 1
t4 ' • Carl aulli@
y yA� Page
2, 1977
e 2
The project is still scheduled for letting on July 29, 1977.
Please forward your decision on our new proposal so we may pro—
ceed with the agreement preparation.
Sincerely,pDD ,
. MICHAEL ROBINSON
District Traffic Engineer
1
i
LW3 •
•
•
March 11, 1977
STATE OF MINNESOTA
CITY OF EOEN PRAIRIE
COUNTY OF HENNEPIN
t
The following accounts were audited and allowed as follows:
;
02-25-77 9956 STATE OF MINNESOTA Sales tax report for January 512.30�
9957 METROPOLITAN WASTE CONTROL
COMMISSION Reserve capacity charges collected
for January 5,841.00
9958 MINNESOTA RECREATION & PARK ASS'N. Basketball tournament registration 55.00.
9959 VOIO CHECK
03-01-77 9960 INSTY PRINTS Service-Public Safety dept. 9.52
03-03-77 9961 INSTY PRINTS Service-Specifications for TH169 181.35'
03-04-77 9962 TONYBROOK HOMES, INC. Refund of overpayment on permit 45.00
9963 PETTY CASH Reimbursement of fund 37.61
9964 HOPKINS POSTMASTER Postage for utility bills 69.30
03-09-77 9965 INSTY PRINTS Service-Public Safety dept. 16.35
03-11-77 9966 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer
ASSOCIATION contributions 3-4 payroll 2,784.48
9967 UNITED WAY Contributions withheld 3-4 payroll 23.01
9968 FEOERAL RESERVE BANK Taxes withheld 3-4 payroll 5,465.06
9969 INTERNATIONAL UNION OF OPERATING
ENGINEERS Dues withheld for March 112.
9970 AOVERTISER Employment ad-Park Maint. and
forestry 9.90
9971 AMERICAN SOCIETY OF PLANNING
OFFICIALS Dues-Richard Putnam 30.00
9972 AMERICAN WATER WORKS ASS'N. Registration for workshop for
Sorensen and Simchuck 54.00
9973 WAOENA AREA VOCATIONAL INSTITUTE Registration for workshop for
Simchuck 10.00
9974 AOVANCE AMBULANCE Supplies-Fire dept. 36.89
9975 AMERICAN TUITIONAL BANK Bond payment 100,544.48
9976 ASTLEFORO EQUIPMENT CO. Equipment parts 131.22
9977 BATERY WAREHOUSE SERVICE Equipment parts 118.22
9978 BRAUER & ASSOCIATES, INC. Service on Guide Plan 1,144.08
9979 CAROLYN CASSOLER Guitar instructions 336.00
9980 CEOAR HILLS GOLF & SKI Ski lessons and rental of equip. 1,728.00
9981 COMMUNITY EOUCATION City's share of winter program
brochure 365.9C
9982 COPY EQUIPMENT Supplies-Engineering dept. 525.12
9983 CROWN RUBBER STAMP CO. Signature stamp & notice stamp 17.4C
9984 CHANHASSEN AUTO PARTS, INC. Equipment parts and service 619.0E
9985 CUTLER-MAGNER CO. Quicklime-Water dept. 2,067.91
9986 KELLI ANN OALE Gymnastics refund IO.00
9987 CHRIS ENGER Mileage 15.3C
9986 EOEN PRAIRIE HEATING Repair to furnace at garage 62.BC
9989 FEED-RITE CONTROLS, INC. Ferric Sulfate-Water dept. 1,157.
9990 GREATER MINNEAPOLIS AREA BOARD
OF REALTORS Oues-Crime Prevention Unit 25.0
9991 G. L. CONTRACTING, INC. Repair water leak-Water dept. 606.1,
9992 GUNNAR ELECTRIC CO., INC. Electric repair at City Hall 23.1.
9993 HOWARO NEEOLES TAMMEN & BERGENDOFF Service-Schooner Blvd. 403.0
March 11, 1977'
03-11-77 9994 HENNEPIN COUNTY Homestead cards-Assessing dept. 22.32
9995 RICHARD HARGROVE Refund on karate lessons 1.50
9996 HAYDEN-MURPHY EQUIPMENT CO. Demolition tool-Public Works dept. 475.00
9997 HOPKINS RADIATOR SERVICE Equipment repair service 24.00
9998 HOPKINS DODGE, INC. Equipment parts 65.64
9999 JOURNEY SPORTS, INC. Ski instructors & rental of skis 348.00
10000 CARL JULLIE Feb. expenses 100.00
5001 JAMES JENSEN Mileage and services 560.00
5002 JOHN'S WELDING SERVICE, INC. Thaw water line-Water dept. 595.00
5003 MARTY JESSEN Feb. expenses 106.90
5004 RAY JAllAK Refund on permit 13.80;
5005 KOKESH Volleyball equipment 69.85'
5006 LEAGUE OF MINNESOTA CITIES Directory 6.50
5007 JOHN LATZKE Mileage 25.84
5008 DIANNE LUCE Relocation service 40.00
5009 LEEF BROS., INC. Rugs 17.801
5010 SCOTT MIKKELSON Basketball scorekeeper 49.50
5011 R. E. MOONEY & ASSOC., INC. Paint-Water dept. 98.45
5012 MINNEAPOLIS SPOKESMAN Employment ad 14.11
5013 METROPOLITAN WASTE CONTROL
COMMISSION Sewer service charges-April 13,076.47
5014 MURPHY PLUMBING & HEATING Repair part for City Hall 8.95
5015 MINNEAPOLIS OXYGEN CO. Metal headgear-Garage 17.85
5016 MINNESOTA SENTINEL PUBLISHING Printing-Tree desease 28.42
5017 MEDCENTER HEALTH PLAN Employees March insurance 598.641
5018 MARKSON SCIENCE, INC. Supplies-Water dept. 35.89'
5019 MINNESOTA RECREATION & PARK
ASSOC. Volleyball state tournment fee "B" 50.00
5020 MINNESOTA RECREATION & PARK
ASSOC. Volleyball state tournment fee "A" 50.00
5021 MATT'S AUTO SERVICE, INC. Equipment repair service 232.26.
5022 MODERN TIRE CO. Repair service 47.90,
5023 NORTHWOOD GAS CO., INC. Gas cylinders-Garage 13.00
5024 PEMTOM, INC. Refund 3,000.00
5025 DICK PUTNAM Feb. expenses 119.81
5026 PHYSICIANS HEALTH PLAN Employees March insurance 2,621.06
5027 PERBIX, HARVEY, SIMONS & THORFINNSO
THORFINNSON Services 4,177.08
502B PEPSI-COLA Pop machine 154.50
5029 BECKI QUERNEMOEN Mileage 11.25
5030 QUALITY REFRIGERATION Repair to compressor-Water dept. 50.50
5031 GINO RODRIQUEZ Basketball scorekeeper 49.50
5032 ROOT-O-MATIC Service-Sewer dept. 183.75
5033 SUN NEWSPAPERS Employment ad 20.90
5034 JUDY SKJEE Calligraphy instructions 96.00
5035 ED SORENSEN Mileage 76.84
5036 DONNA STANLEY Feb. services 69.00
5037 W. GORDON SMITH CO. Fuel, oil and parts 129.09
5038 SUBURBAN CHEVROLET CO. Equipment parts 9.86
5039 ROGER ULSTAD March expenses 100.00
5040 UNIFORMS UNLIMITED, INC. Uniforms-Public Safety dept. 318.92
5041 WILCOX PAPER CO. Office supplies 49.3C
5042 WOOSTER PRODUCTS, INC. Paint-Water dept. 112.1C
5043 WORD PROCESSING CENTER Equipment repairs 42.0C
I/O qJ
__ t
March 11, 1977 •
03-11-77 5044 WESTERN LIFE INSURANCE Employees withheld life insurance
and March health insurance 632.36
5045 XEROX CORPORATION Service 273.85
5046 ZEP MANUFACTURING CO. Supplies-Water dept. 157.99
5047 PUBLIC EMPLOYEES RETIREMENT
ASSOC. Employer contributions 324.17
5048 EDEN PRAIRIE HOUSE INC. Refund of investigation fee 929.52
5049 UNIVERSITY OF MINNESOTA Registration for short course
Ernst and Dunsmore 20.00
TOTAL 155,715.56
.
•
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
March 15, 1977
CONTRACTOR (1 & 2 FAMILY)
Tilsen Homes, Inc.
Eliason Builders, Inc
West Suburban Builders
S & M Builders, Inc.
New Life Building Co.
Prestige Investment, Inc.
CONTRACTOR (Multi-family & Comm.)
Peak Construction
Miley's Sprinkler Systems
GAS FITTER
Northern Propane Gas Co.
PRIVATE KENNEL LICENSE
Harold Nordsletten
Bertram Lear
FOOD ESTABLISHMENT TYPE A
McDonalds
FOOD ESTABLISHMENT TYPE C
Karmelkorn Shoppe
These licenses have been approved by the department head responsible
for the licensed activity.
Rdivca
Rebecca Quernemoen, Deputy Clerk