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City Council - 01/02/1979
EDEN PRAIRIE CITY.COUNCIL TUESDAY, JANUARY 2, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. SWEARING IN CEREMONIES FOR DEAN EDSTROM AND PAUL REDPATH II. OFFICIAL DESIGNATION A. Appointment of Acting Mayor for 1979 III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 5, 1978 Page 1 V. CONSENT CALENDAR A. Clerk's License List Page 13 B. Annual Minnesota DOT Agency Agreement approval (Resolution No. Page 14 79-07) C. Annual Minnesota DOT Engineering Technical Assistance Page 24 Agreement (Resolution No. 79-08) D. Final Plat approval for Olympic Hills Highland (Resolution No. Page 27 79-09) E. Final Plat approval for Prairie East 8th Addition (Resolution No. Page 28 79-10) F. 2nd Reading of Ordinance No. 78-54, changing a street name within Page 31 the City of Eden Prairie from Cartv:ay or West 184th Avenue to est 180th Avenue VI. REPORTS OF ADVISORY COMMISSIONS VII. APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 A1ernates B. Health Officer - Appointment of 1 Health Officer for the year 1979. Appointment by Mayor with consent of Council 1 Council Agenda - 2 - Tues.,January 2, 1979 C. Suburban Rate Authority - Appointment of 1 Representative to the Suburban Rate Authority for 1979. Appointment by Mayor with consent of Council D. South Hennepin Human Services Council - Appointment of 2 Representatives for 2 year terms commencing 2/1/79 E. Assistant Weed Inspector - Appointment of Assistant Weed Inspector for 1979 F. WAFTA Board - Appointment of 1 Representative for a 1 year term- Appointment by Council G. Human Rights & Services Commission - Appointment of 1 member to fill an unexpired term to 2/28/81 H. Development Commission - Appointment of 1 member to fill an unexpired term to 2/28/80 I. Planning Commission - Appointment of 1 member to fill an unexpired term to 2/28/80 VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-57, reinstating properties in SW, Page 32 SE and NE quadrants back into Planned Study B. Resolution No. 79-01, authorizing use of facsimile signatures by Public Page 36 Officials C. Resolution No. 79-02, authorizing the treasurer to invest City of Eden Page 37 1+rairie Funds D. Resolution No. 79-03, designating an official newspaper Page 38 E. Resolution No. 79-04, authorizing City officials to transact Banking Page 41 Business F. Resolution No. 79-05, designating depository for the City of Eden Page 42 Prairie G. Resolution No. 79-06, designating the official meeting dates,' time and Page 45 place for the City of Eden Prairie Council members in 1979 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager 1. Renewal of contract for Animal Patrol Services with Metropolitan Page 46 Animal Patrol Services, Inc. 2. Appointment of City Attorney • • • • • • • a.. • Council Agenda - 3- Tues.,January 2, 1979 D. Report of Planning Director I. Approval of Shady Oak Industrial Park/Developers Agreement Page 'S2 E. Report of Director of Community Services I. Approval of bids for tree rengval truck Page SO 2. Senior Citizen Transportation Program Page S9 F. Report of City Engineer • • I. Staff Additions for Enginentringgiepartment P • 5, jUgstrt of Finance Director ' I. Payment of Claims Nos. 2b • 2a9e Page BUSi.1FSS .. AID ;. URNMENT. • • • • • • • • l;» •1p'. • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 5, 1978 7:30 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 Roger Pauly; Planning Director Chris Enger; Director of Commit/ Services Bob Lambert; City Engineer Carl Jullie; Finance Director John Frane; and Joyce Provo, Recording Secretary • INVOCATION: City Manager Roger Ulstad PLEDGE OF ALLEGIANCE ROLL CALL: Meyers, Osterholt, Pauly and Penzel present; Bye absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS . The following items were requested to be added to the "New Business" category: A. Draft copy of an ordinance amending the City's liquor ordinance B. City conformance with the President's request for guidelines on spending MOTION: Pauly moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. AWARDING THE SALE OF $3,000,000.00 OF GENERAL OBLIGATION BONDS William Fahey, Ehlers & Associates, spoke to the three bids received, stating that the lowest bid from Piper, Jaffrey & Hopwood of 5.961689% is an excellent bid,and highly recommended the award of the bid to them. (Tabulation sheet attached as part of minutes), MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-225, awarding the sale of $3,000,000.00 of General Obligation Bonds to the low bidder, Piper, Jaffray & Hopwood,for a net interest rate of 5.961689% Resolution No. 78-226, setting the terms of the sale of $150,000.00 of Certificates of Indebtedness; Resolution No. 78-227, setting the terms of $500,000.00 of Improvement Bonds; and Resolution No. 78-228, setting the terms of the sale of $2,350,000.00 General Obligation Water and Sewer Bonds. Roll Call Vote: Meyers, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. Fahey commented the bids reflect a better than "A" rating. Council Minutes - 2 - Tues.,December 5, 1978 As a kick-off to the High School Winter Sports Season, Don Opheim, representing the Hockey Association of Eden Prairie, Dick Emahiser, Eden Prairie High School Hockey Coach, and the three Captains of the Eden Prairie High School Hockey Team - Scott Harris, Mike Salentine and Joel Marpe, distributed a free pass to each Council member to attend a hockey game of their choosing, the team's schedule, along with a hat. III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 8, 1978 Pg. 10, 3rd para., 8th line, strike "the Chairman" and insert in lieu thereof "a member", and in the same line strike "7 community area and", inserting in lieu thereof "Southwest Suburban Cable Commission which". Pg. 12, under item IX. B., 1st line, strike "this" and insert "Thursday". Pg. 14, 3rd para., 3rd line, strike "other". MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the November 8, 1978 Council meeting as amended and published. Motion carried unanimously. IV. CONSENT CALENDAR A. Set Public Hearing on Community Development Block Grant Projects for 1979 to be held January 16, 1978 B. Right-of-way dedication - Swendseen property west of Washington Avenue C. Street Name chance Cartway or I!. 184th Avenue to West 180th Avenue (Ordinance No. 7.-54) D. Annual approval for Joint Use Rental Agreement No. 438 with the Metropolitan Waste Control Commission E. Approval of plans and specifications and order advertisement for bids for sanitary sewer extension for Super Yalu site, I.C. 51-332 (Resolution No. 78-223) MOTION: Meyers moved, seconded by Osterholt, to approve items A - E on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. Bluff's West 2nd Addition by Hustad Development Corporation, Dr. A Mrs. Brandt and B.F.I. Request for rezoning from Rural to R1-13.5 on 97 acres (Resolution No. 78-154 and Ordinance No. 78-41) Continued Public Hearing from November 21, 1978 Director of Community Services Lambert spoke to his memo dated December 1, 1978 and answered questions of Council mothers. Osterholt tormented from the appraisals received and the land sales shown in this area, it seems the City is being put upon and charged inflated prices for land that the proponents feel the City wants. Osterholt stated he believes the City should back off from those kinds of negotiations or dealings and try to be more realistic. Further if it requires later on to take a smaller site to serve other areas, maybe that should be direction the City should take - have smaller parks serving more neighborhoods;instead of one large park serving fewer neighborhoods. • • Council Minutes - 3 - Tues.,December 5, 1978 • A. Bluff's West 2nd Addition (continued) Lambert explained the Parks, Recreation & Natural Resources Commission met 12/4/78 and recommended increasing the cash park fees starting January 1, 1979, and will also look at the cash park fee ordinance regarding those kinds of amendments. Lambert stated he would have the proposed amendments to the ordinance to the Council by the December 19th meeting. Osterholt expressed concern of the proponents lack of response to the Council's • request sometime ago to be shown development plans around the area under consideration. Dick Putnam, Hustad Development Corporation, stated in reading Mr. Lambert's staff report and talking with BFI, Hustad's felt they had come to a point where it was reasonable for the City as close to half of the 20 acre park site has • been appraised at 14,500 an acre,and BFI has agreed to sell it to the City for $4,000 an acre payable as the cash park fee comes in. Penzel replied BFI was asking $4,000 an acre on the 20 acre site, which requires extensive land alterations, and they are asking $10,000 an acre on the 12 acre site. Does not know how Hustad can equate the two as being a price less than what the appraiser said they were worth,as the appraisal shows the 12 acre site at $5,300 per acre and it was backed up by substantial numbers of comparable sales in various other parts of the conmunity - both near and farther away. Penzel restated the recommendations of the Parks, Recreation & Natural Resources Commission and Staff to go with the 20 acre site at $4,000 an acre, • moving 90,000 cubic yards of dirt, because it is the best location, overall the lowest cost, and it is potentially the best payment schedule. Osterholt stated when the City gets through grading we are talking about $10,000 an acre andanother $60,000 for facilities. Osterholt felt this is an expensive way to develop parks in a community like Eden Prairie. Pauly also commented she felt the 20 acre site is the best site, but too much money. Penzel reiterated we have an unresolved issue in the park, and we also seem to have less than adequate backup information on the overall land use to the properties that Hustad is committed to with BFI (the whole earterly area of their property). MOTION: Osterholt moved, seconded by Pauly, to continue the Bluff's West 2nd Addition Public Hearing to December 19, 1978, giving the proponents a chance to review their situation,and giving the City Attorney an opportunity to review the matter of the 1 year limitation before resubmission by the proponent. Motion carried unanimously. Meyers stated she finds the proponents have done a good job in platting the property for single family development and is in favor of the 20 acre park site north of the property as recommended by Mr. Lambert; however, in looking at the acquisition cost and the land preparation costs it does come to over $6,000 an acre. Meyers agreed with Osterholt's concern to see an overall plan and some kind of concept commitment from both landowners (SFI and Hustad). • Council Minutes - 4 - Tues.,December 5, 1978 B. Eden Prairie Neighborhood Center, BarMil Search Corporation, request to rezone 11.7 acres from Rural to Commercial-Regional Service and preliminary plat the site. The site is located southwest of Eden Prairie Center. City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing and the abutting property owners have been notified. Dave Shea, Shea Architects, representing BarMil Search Corporation, showed graphics of the proposed area, and Bob Bale, Director of Land Development for Homart Development, Chicago, spoke to the proposal and answered questions of Council members. City Planner Enger reviewed the Staff Report dated October 16, 1978 and the recommendation for approval by the Planning Commission at their October 23rd meeting, and also the recommendation for approval by the Parks, Recreation & Natural Resources Commission at their meeting held November 6, 1978. Meyers stated when the original concept for this site was approved as a clustered neighborhood convenience center, she was sure Homart must have been aware of the topography on the site at that time. In looking overlie grading plans it now seems rather than making the site flatter, the proponents are intensifying the grade separation at the 14 foot pedestrian walk in their grading plan. Meyers further stated that some of the City's other development approvals in this area, most notably the Tudor Oaks development, were predicated on the thought there would be a true neighborhood convenience center at this area in a clustered concept. This would have been an ideal spot for the elderly because they wouldn't have to rely on.automobiles as they wouldn't have long distances to travel outdoors between the commercial and retail uses. They would have everything pretty much in this area in a true convenience center without negotiating a 14 foot drop stairway and without walking several hundred feet from the bank to the grocery store. There is also a great need for a convenience center for The Preserve and the Prairie East divisions as far south as County Road 1 in Eden Prairie,and even across County Road 18 into Bloomington. To force all those people to rely on automobile trips from one store to another really defeats the purpose of a true neighborhood convenience center. Bale commented they now have more modern ways of retailing and things changd over 4 or 5 years. Their prospective tenants come to Homart with their request, and Homart makes a commitment to the prospective tenants subject to approval of the zoning. Bale feels the proposal under consideration is a fine concept and the elevations aesthetically are fantastic, i.e., walk paths, trees and wooden steps. As to the elderly, as marketers and businessmen Homart has to go after their major market. They do plan to serve the Tudor Oaks project with a drug facility for getting their drugs and other convenience things; however, the idea behind the proposed development is for the benefit of the entire • community. Osterholt explained the experts (proponents) know more about the trends of retailing, and that the split level of the site is more attractive than the • flat area filled with parking lots. Further if the people that are living in the retirement center come to this particular center for shopping, Osterholt did not think very many of them would be walking as they would be using some other form of transportation because of the distance involved, i.e., mini-shuttle service, bus service or a private vehicle. • 1 Louncii Minutes - 5 - Tues.,December 5, 1978 B. Eden Prairie Neighborhood Center, BarMil Search Corporation (continued) Enger commented there is a variance requested on this proposal from 8 parking spaces per thousand square feet to 6.8 parking spaces per thousand square feet. Staff feels this is probably one of the best places for parking variances in that there is quite a bit of cross parking available in the Homart parking lot itself. Penzel stated one of the points Tudor Oaks made to the Council was that they would be providing shuttle bus service for their residents to get around to the areas shopping facilities. Meyers pointed out in looking at the brochure and listening to Mr. Shea talking • about the expansion of the convenience services across the Franlo Road entrance on to a future development area that was to be the library site, she thought the Council made it clear when the property was rezoned back to Rural that the exception for the library was only an exception for the library and a public use. It was not intended to be a reading from the City that consideration would be given to all proposals on that property which was intended to be left as an open space buffer for Homart Center. Bale stated if that is true, he is totally unaware of it. He understood the property to be zoned as Rural like the other pieces of property Homart has in Eden Prairie. Penzel recommended Mr. Bale and City Staff get together and talk about the property in question as this is not part of the Public Hearing before the Council this evening. MOTION: Pauly moved, seconded by Osterholt, to close the Public Hearing and. give a 1st Reading to Ordinance No. 78-56, rezoning 11.7 acres from Rural to Commercial-Regional Service for Eden Prairie Neighborhood Center, BarMil Search Corporation. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-216, approving the preliminary plat for the Eden Prairie Neighborhood Center. Osterholt, Pauly and Penzel voted "aye". Meyers voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to instruct the City Attorney to draft a developers agreement incorporating the recommendations of the Staff Report dated October 16, 1978, the Planning Commission, and the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. C. Thrift-Way Stores, request by Mr. Salzburg to rezone 5.409 acres from Hwy.-Como. and Rural to Commercial-Regional Service for a grocery store. The site is located on the north side of West 78th Street and south of Leona Road City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing and abutting property owners have been notified. Ron Krank, Korsunsky, Krank and Erickson Architects, spoke to the proposal and responded to questions of Council members. Mr. Krank displayed four drawings: 1) proposed site context, 2) proposed Thrift-Way Supermarket, 3) existing site context, and 4) schematic lighting plan. City Planner Enger explained the proposal was heard at the October 23, 1978 Planning Commission meeting and was continued to the November 13th meeting, where it was recommended for approval on a 3-2 vote, subject to the recommnenda- Council Minutes - 6 - Tues.,December 5, 1978 C. Thrift-Way Stores (continued) tions of the Staff Report dated October 16, 1978, excluding item 7 and adding an item 11 to read "that lighting units be used that minimize both glare and illumination of the adjacent land areas." The proposal was reviewed by the Parks, Recreation & Natural Resources Commission and was recommended for approval unanimously. Director of Community Services Lambert acknowledged that the Parks, Recreation & Natural Resources Commission approved the proposal, however, recommended leaving item 7 in the October 16, 1978 Planning Staff Report. Pauly questioned if there is still a 25% site coverage or has that changed and, if so, do they meet the ordinance. Enger responded the proponents are down to 22% so it does not meet the City's ordinance,and they are also requesting a waiver of the 8 spaces per thousand square feet to 5 spaces per thousand • square feet. Osterholt asked if there are any recommnedations for the easterly portion of the property. Enger responded the recommendation of the staff in the Staff Report was that the eastern section of the site be designated for convenience commercial uses,and that recommendation was taken out by the Planning Commission. The Parks, Recreation & Natural Resources Commission recommended that the developer illustrate what he has in mind for the eastern section. Thrift-Way does not own the eastern parcel, although there is an underlying landowner of the whole parcel. The Major Center Area Planned Unit Development land concept would illustrate that eastern portion could be used for any type of regional commercial use. Osterholt questioned if Titus we: the owner of the eastern parcel. Gil Darkenwald, Realtor, responded that Independent Millwork Profit Sharing is the owner of the parcel. Dick Lynch, 11426 Leona Road, expressed concern about the berming for single family homes as he does not feel what the proponents are proposing will buffer the parking lot from the homeowners. He has some grave concern of the intensity of this particular project on this particular site. Hopes the lighting system as proposed will work, but if it doesn't work there should be some mechanism that the homeowners in the neighborhood are able to have the proponents do something about it. Lynch also expressed concern abo;.t a connection on the western side of the property and felt the sidewalk on the eastern side doesn't make any sense. Mr. Krank stated he is also concerned about the neighbors and would have no problem in taking the final plans, in addition to meeting with City Staff, back to the neighbors to show specifically what they are doing and how they are responding to the neighbors concerns. Osterholt commented the proponents were in earlier requesting MIDB's (Municipal Industrial Development Bonds)1and questioned if Thrift-Way would withdraw if the MIDB request was not approved by the Council. Mr. Krank stated he could not answer the question. Osterholt suggested that an answer be given before action is taken on the rezoning request. Pauly felt this is rather a small area and is somewhat sensitive as there are homes to the north, a large office building and a church. It is not really a typical part of downtown with these givens at the site. There will also be a 2 1/2 acre parcel left hanging. The earlier PUD, although it didn't sell, did at least take into consideration its neighbors a little bit better than this 6 Council Minutes - 7 - Tues,,December B, 1978 C. Thrift-Way Stores (Continued) proposal does. It did have a good trail system, kept the natural amenities of the site and fit in with the church, office building and homes. The proposal under consideration is over the 20% site coverage so we really have a very intense use of this site. MOTION: Meyers moved, seconded by Osterholt, to continue the Thrift-Way Public Hearing to the December 19, 1978 Council meeting and turn the project back to the proponents to work out concerns expressed by the Council this evening, and to the Staff to answer questions about the Municipal Industrial Development Bonds. Motion carried unanimously. • VI. REPORTS OF ADVISORY COMMISSIONS No reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Shady Oak Industrial Park by Richard Anderson. Request to preliminary plat 27 acres of I-5 Park Zoned property into 4 lots. The property is located south of Claredon Park and west of Washington Avenue. (Resolution No. 78-217) The proponent, Richard Anderson, spoke to his proposal and answered questions of Council members. Meyers questioned if the roadway as perceived is feasible or if we are approving or considering a plat and road system that isn't economically feasible to build. Planning Director Enger responded he has checked with the Department of Natural • Resources on this whole wetland area in terms of consideration for development, and in terms of consideration for a possible park in a central wetland area. Oddly enough, the DNR doesn't have any public waters in that area, it all falls in a different classification then what they have jurisdiction over. In terms of soil problems and so on, Mr. Anderson has supplied both the Engineering Department and the Planning Department with about 40 soil borings through the middle of the site he is proposing now out westerly into the bad soil area. Mr. Anderson has shown the road in about as good a location as it can be. City Engineer Jullie has checked with BRW and finds that particularly in the Swendseen area to the south there will be some surcharges for placing of overburden material • required for a one-year time period, but that area may then be bridged with a road. Staff feels it is feasible to build and also feels there has been quite a bit of background work done by Mr. Anderson and the assessments would have to be borne by the property owners. Staff is also suggesting as close to 100% petition as possible. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-217, approving the preliminary plat for Shady Oak Industrial Park by Richard Anderson, with the requirement that before final plat consideration that right- of-way for Shady Oak Road be worked out to connect with Flying Cloud Drive and Valley View Road. Motion carried unanimously. B. Request from Hustad Development Corporation for a 1-year extension on rezoning approval for Creekwood single family and double bungalows MOTION: Osterholt moved, seconded by Meyers, to grant the request'from Hustad • Development Corporation for a 1-year extension on rezoning approval for Creekwood single family and double bungalows. Motion carried unanimously. 7 Council Minutes - 8 - Tues.,December 5, 1978 VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-43, Centex Homes Midwest, Inc., request to rezone 87.4 acres from Rural to R1-13.5 and developers agreement Meyers requested two amendments in the developers agreement as follows: Page 2, item 4, there should be wording to the effect that the east end of the "S" road must be signed to notify of a future through street and also "T" road as shown on Exhibit "B" should be signed to notify of a future extension, and on page 4, item 21, in the 5th line after "buildings" insert "land or grade alteration changes". City Attorney Pauly requested an amendment striking "Inc." in Section 2 of Ordinance No. 78-43 and inserting in lieu thereof "Incorporated". Enger also explained there will be a substitute exhibit for Exhibit C attached to the developers agreement. MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd Reading of Ordinance No. 78-43 as amended for Centex Homes Midwest, Inc., rezoning 87.4 acres from Rural to R1-13.5, and approval of the developers agreement as amended. Motion carried unanimously. 8. 2nd Reading of Ordinance No. 78-45, rezoning 13 acres from Rural to C-Regional Service for Menard's, Inc., and developers agreement Mayor Penzel referred to communication from Menard's, Inc. dated 12/1/78, along with the proposed developers agreement as drafted by Menard's, which has some variances to the one submitted to the Council by City Staff. • Ulstad explained the developers agreement as drafted by City Staff was submitted to Menard's and in the interim there were some changes the proponents wanted to suggest. It was pointed out to Mr. Prochaska, representing Menard's, that Staff felt we should send the proposed agreement to the Council as drafted by Council direction, and Mr. Prochaska could outline his concerns and changes he would like to have the Council consider this evening. Mr. Prochaska spoke to the developers agreement drafted by Menard's indicating the changes he is requesting. Upon reviewal of the Menard's drafted developers agreement, Council members requested changes and requested the City Attorney to incorporate these changes into the developers agreement. MOTION: Osterholt moved, seconded by Meyers, to adopt the 2nd Reading of Ordinance No. 78-45, rezoning 13 acres from Rural to C-Regional Service for Menard's, Inc., contingent on the City receiving an overall development concept plan and grading plan, and approval of the revised developers agreement as agreed to by the City Attorney and Council. Motion carried unanimously. MOTION: Pauly moved, seconded by Osterholt, to continue past the 11:30 P.M. scheduled adjournment time. Motion carried unanimously. • C. Resolution No. 78-218, final approval for MIDB's for Random Specialties/Allen • MOTION: Osterholt moved, seconded by Penzel, to adopt Resolution No. 78-218, granting final approval for MID8's for Random Specialties/Allen. Motion carried unanimously. 1r Council Minutes - 9 - Tues.,December 5, 1978 D. Resolution No. 78-224, final approval for MIDB's for Circle Rubber Company MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-224, granting final approval for MIDB's for Circle Rubber Company. Motion carried unanimously. IX, REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilwoman Pauly reported on the recent meeting held by the Flying Cloud Airport Advisory Commission. The Metropolitan Airports Commission is acting on the suggestion that was originated by the citizens committee that we encourage the use of the southern runway at Flying Cloud and the traffic going out over the river valley. The only way you can get airplanes to land on this runway is to make that runway more attractive, and the only way to make it more attractive is to lengthen it according to MAC. MAC has hired a consulting firm from New Hampshire and their representative is John Tanner. Mr. Tanner is proposing the Public Hearing for the 8th of March. The commission suggested a Public Meeting be held on January 25, 1979 so there could be some genuine input by the connunity before everything is put together. MAC is planning to extend the southern runway 300 feet. Publicity, if possible, should be given through the HAPPENINGS newsletter and the Eden Prairie News of these scheduled meetings. 8. Report of City Manager 1. Dissolution of Joint Powers Agreement with Suburban Health Nursing Service • MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-219, withdrawing membership by the City of Eden Prairie in the Suburban Health Nursing Service Joint Powers Agreement. Motion carried unanimously. 2. Request by the Parks, Recreation & Natural Resources Commission for a Joint Meeting with the Council City Manager 01stad explained that the Parks, Recreation & Natural Resources Commission at their meeting held December 4th requested a joint meeting with the Council on January 29, 1979. Penzel suggested a meeting be set on a Saturday for the Council to meet with all the commissions. Pauly commented the Council might be able to meet with each commission individually and at the end of the individual meetings have a general meeting with all the commissions. Osterholt asked that the Council wait until the 2 new Council members are sworn in so they have a chance to help select a date. Penzel requested Staff express appreciation to the Parks, Recreation & Natural Resources Commission for their suggestion, but requested the Council defer action until early in January. Council members concurred. • • Council Minutes - 10 - Tues.,December 5, 1978 C. Report of City Attorney No report. D. Report of Director of Comnunity Services 1. Diseased tree pick up alternatives MOTION: Meyers moved, seconded by Osterholt, to authorize the advertisement for bids for a log loader truck. Motion carried unanimously. E. Report of City Engineer 1. Consider bids for street improvements on Lotus View Drive (I.C. 51-321) and Dell Road (I.C. 51-326) (Resolution No. 78-220) MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-220, awarding the bid to the low bidder, Brown 8 Cris, Inc., in a total amount of $513,751.04 for street improvements on Lotus View Drive (I.C. 51-321) and Dell Road (I.C. 51-326). Roll Call Vote: Osterholt, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Consider bids for street flusher MOTION: Osterholt moved, seconded by Pauly, to award the bid to the low bidder, Ruffridge-Johnson Equipment Co.,Inc., in the amount of • $37,582.00 for a street flusher unit. Roll Call Vote: Oszerholt, Pauly, Meyers h Penzel voted "aye". Motion carried unanimously. 3. Preliminary plan approval of Hennepin County plans for traffic signal at County Road 18/Anderson Lakes Parkway (Resolution No. 78-221) City Engineer Jullie spoke to his memo dated December 1, 1978, and answered questions of Council members. Meyers questioned what the County is doing with County Road 1 and County Road 18. Mr. Hansen, Hennepin County, responded they are studying a plan which may be quite similar to what is under consideration this evening for possible implementation at the location of County Road 1 and County Road 18 if signal warrants are met. MOTION: Pauly moved, seconded by Penzel, to adopt Resolution No. 78-221, approving the preliminary plans for a traffic signal at County Road 18 and Anderson Lakes Parkway. Motion carried unanimously. F. Report of Finance Director 1. Payment of Claims Nos. 2239 - 2432 MOTION: Meyers moved, seconded by Osterholt, to approve Payment of Claims Nos. 2239 - 2432. Roll Call Vote: Meyers, Osterholt and Penzel voted "aye", Pauly "abstained". Motion carried. iU Council Minutes 11 - Toes ,DecemFer.3, 107 X. MEW BUSINESS A. Draft copy of an ordinance amending the City's liquor ordfn g • MOTION: Osterholt moved, seconded by Pauly, to adopt the 1st Reading of Ordinance No. 78-46, licensing and regulating the use and sale of intoxicating liquor. Motion carried unanimously. B. City conformance with the President's request for guidelines on spending Perrtel spoke to the request of President Carter that the nation stick to a 7% plan on expenditures. i.e., salaries and benefit programs for 1979. Council members concurred. Xt. I1011RNMENT MOTION: Osterholt 'moved, seconded by Pauly, to a43•ourn the Council meeting at T2432.AM Motion carried unanimously. • • • I! • BID SU IARY SHEEP SALE: $3,000,000 General Obligation and Certificates of Indebtedness • Bonds of City of Eden Prairie, MN held on . Tuesday, December 5, 1978 at 6:00 o'clock P.M. • BIDS , NET IRioRtsT COST $ NET IAthRtsT RATE tp,Q, sx N BANC NORTHWEST, MINNEAPOLIS,MIM ESOTA Account Manager =MEM TRUST COMPANY, CHICAGO, ILLIWIS JtiRA}V$MX70DY, INC., ST. IWI ,b[[[NNESOM Account Members American National Bank$'Nest Company, St. Paul,Minnesota. ' Carleton D. Beh Company, Des Moines, Iowa Cronin$Marcotte, Inc., Mbun:njolis,Minnesota . • Kidder, Peabody$Co., Inc.,Chicago,Illinois Merrill Lynch White Weld Capital Markets, Inc. Panneepolis,Minnesota Paine, Webber, Jackson$Curtis Inc.,Minneapolis,Minnesota • _ Channer Newman Securities CorRpany, Chicago, Illinois Ibor'e, Juran$Company, Inc.,Minneapolis,Minnesota- • ' . , _ Willer$Schroeder Municipals Inc.,Minneapolis,Minnesota National City Bank,Mim,eapalis,Minnesota .Robert S. C. Peterson, Inc.,Minneapolis,Minnesota ikon Witter Reynolds Inc.,Mfinneapo fis,Minnesota BIDS , NET INTEREST COST$ NET INTEREST,RATE (,a-Q3y Account Manager CDNT[NEMTAL ILLINEIS='I41YAI.BANK$.TRUST mow OP t1CN'O, MIN= FIRST 744TItDU4T.BANK OF CHICAGO, MIMES Account Members A. 6. Becker$Compatry, Chicago. Minnie .LaSalle National Thank, Chicago, Illinois • '... Wauterlek$ Bro n, Inc.,Chicago Ta 1 inn4q L F. Rothschild, Unteriperg Toshio,a,Chicago, Illinois Bank of Oklahoma, NA, Tulsa, Oklahoma • UMW, Inc., Memphis, Tennessee National Bouletiard Bank of Chicago. Illinois •. . •Robert W. Baird$Crappaay, Inc.,Milwaukee,Wisc in BIDS , NET INTEREST COST$ NET INTEREST RATE S.?,/'G ` % Account Manager PIPER, JAFFRAY$H30030D INC.,MI'NNEAFOLIS, MINN�TA Account Members Allison-Williams Company,Minneapolis Minnesota , Kalman$Quail, Inc.,Minneapolis,Minnesota ' First National Bank of Miuineapoiis, Minnesota . First National Bank of Saint Paul,Minnesota Jolon Nuveen$Ctmrpany, Inc.,Minneapolis,Minnesota . Robert W. Baird A Company, Inc.,Minneapolis, Minnesota - • Marquette National Bank, Minneapolis, Minneantn + Craig Whim, Inc., Minneapolis,Minnesota • • BID O , NET INTEREST COST $ NET INTEREST RATE Account Manager r.) Account Meabbers EHLERS AND ASSOCIATES, INC.. . Financial Consultants .507 Marquette Avenue Minneapolis,fieniscta 55402 . . • • • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 2, 1979 • SUNDAE ON SALE LIQUOR LICENSE i. • Eden Prairie Legion Assn. Genghis Rhan of Saw,,Lv .. Olympic Hills . These license have been approved by the department head responsible for the licensed activity. • . .avou.4 Rebecca Quernemoen, Deputy Clerk . • • f Mn/DOT 30774 (Revised 11/78) • MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by and between the City of Eden Prairie herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota herein- after referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City of Eden Prattle desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and condition of the agency be set forth in an agreement: NOW, THEN, IT IS AGREED: - 1 - That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all Federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of City streets. Each project to be covered by this agreement shall be programmed by the submission to the Commissioner of a programming form together with a certified copy of the resolution of the City Council requesting the Cost- missioner to obtain federal approval for the project(s). • Page No. 1 Each contract will be in accordance with plans and special pro- visions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota 55155, and the latest edition of Standard Specifications for Highway Construction promulgated by the Cam- missioner and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by referenced as though • fully set forth herein. In the letting of said contract, it is hereby agreed that the fol- lowing procedure shall be followed, to-with (a) The Commissioner shall cause the advertisements calling for bids on said work to be published in the Construction Bulletin. He shall also cause advertisements for bids to be published in the officially de- eignatad newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Clerk of Eden Prairie on behalf of the Commissioner as agent of said ! City. Proposals, plans and specifications shall be available for the in- spection of prospective biAaers at the office of the Department of Trans- • portation, St. Paul, Minnesota 55155, and at the office of said City Clerk and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the Com- missioner by a District Director of the Department of Transportation or R..rb other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City Council shall first consider the same and thereupon transmit to the fu,mmiasioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all • Page No. 2 Ill • w bids be rejected. Upon receipt of all said bids, the Commissioner shall duly cause all of said bids to be tabulated in accordance with law and shall thereupon determine who is the lowest responsible bidder or shall reject all bids. (b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City Engineer or such other registered engineer and asreign: him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects, Said engineer soassigned- obeli act under the supervision and direction of the Commissioners. The City further agrees to furnish such other men, services, supplies and equipment as shall. be necessary in order to properly augw+Yiem and carryon said work. (c) The Commissioner may make such changes in the plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Co.em,intlinnvt• may enter into for and on behalf of the City supplemental agreements mirk the.raorractor for the performance of any extra work or work otensioned by any neceSStary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot perstmplly investigate and pass judgment on the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engine ra unties* his supervvision'and control that are employed by the Department of Transporret4'n Page'.Ifo, 3 49 . a. The City does hereby authorise these engineers, so delegated by the Commissioner, to enter into for and en behalf of the City the supplemental agreements specified in the preceding paragraph hereof. (d) The City hereby authorizes its City Engineer for and on behalf of the City, from time to time, during the progress of the work on said projects. to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Department of Transportation. The Commissioner may but is mot obligated to furnish the services so requested: If the Commissioner in compliance with such request shall furnish for the use of the City on said projects the services of any Minnesota Department of Tranbyu&tation employee, then and in that event, the City agrees to reimburse the Trunk Righway Fund for the full cost and expense • of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, coonprred with, or incidental to the furnishing of such services. (a) The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as federal aid funds, for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. (f) The Commissioner shall perform on behalf of the City all•other acts and things necessary to cause said projects to be completed in a satisfactory manner. Page No. 4 (g) The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to ' that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any'rule and regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. (h) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United. States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. _ 2 _ • The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record retention schedule for federal aid projects. - 3 - It is anticipated that the Federal Government will pay to the Commissioner as the agent of the City the federal aid funds available to said City toward the construction of said projects. It is • Page No. 5 further anticipated that the contracts to be let by the Commissioner as the agent of the City for the construction of said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and./or Municipal State Aid funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with 14 MAR Section 1.5032, At regular monthly intervals after the contractors shall have . started work under the contracts let by the Commissioner as agent fvr the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare a partial estimate in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Construction, Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in quintuplicate. Each such partial estimate, shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimate* Mall be documented in accordance with the guidelines set forth in the applicable documentation manual. After the approved final estimate has been Page No. 6 I j submitted to the Commissioner, the City will pay to the Commissioner that amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project. - 4 - When the contractor shall have completed the work on said projects, • the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Commissioner whether or.not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. It is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. - 5 - It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on - the parties hereto. - 6 - It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If for any reason the United States fails to pay any part of the cost or expense of said projects, then and in that event the.City agrees to pay the same. The City further agrees to pay any and all claims • Page No. 7 20 • or demands of any kind or nature whatsoever,arising out of or incidental to the performance of the work under any contract let for said projects in the event that the federal government does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless and to pay any and all expenses and costs connected with said projects or the con- struction thereof which the federal government does not pay. - 7 - The City further agrees that 1) Where there is federal aid in right-of-way -- The City will meet the requirements contained in the Federal Aid Highway Program Manual Volume 7. Note: If there is federal aid just in relocation., the contract discussed in Chapter 5, Section 1, Paragraph 10C, of said Volume 7, must be executed. 2) Where there is federal aid in construction only -- The City will meet the requirements of the Uniform Relocation Assistance and Heal Property Acquisition Policy Act of 1970 together with PUMA regulations im- plementing Title II of the Act on relocation (FHPM Volume 7, Chapter 5); . and Federal Aid Highway Program Manual Volume 7, Chapter 1, Section 4, Para- graph 5A pertaining to civil rights. - 8 - All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. - 9 - The Commissioner accepts this said appointment as agent of the • City and agrees to act in accordance herewith. • Page No. 8 2! • • • DAME CITY OF JOUX094RNOED FOR APPROVAL BY _ _ ., .I'•V H`ayo Attest; Dfrectar, Office of State.Md • Date cry clerk • AS TO FORM AND RICECOTZON° Co fission•u£: a tationi:: DATE• (Submit in Duplicate) (SEAL) • • • Page`Mo..4 • Mn/DOT 30774 (Revised 11/78) CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA • RESOLUTION NO. 79-07 MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III Be it resolved that pursuant to Section 161.38, Subdivision 1 through 6, Minnesota Statutes, 1978 ,,, the Commissioner of Trans- portation be appointed as agent of the City of Eden Prairie to let as its agent, contracts for the construction of portions of Municipal Streets, and the Mayor and the Clerk are hereby authorised and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such.contracts in the farm as set forth and contained in "Minnesota Department of Transportation Agency Agreement Form No. 30774" a copy of which said form was before the Council, assuming on behalf of the City all of the obligations therein contained. ADOPTED by the Eden Prairie City Council on • • lolfgang H. Penzzel, Mayor Attest: John D. Frane, Clerk (SEAL) (Submit in duplicate) • Note: Attach certification by City Clerk with each copy of resolution. Page No. 10 • • Mn/DOT 30780 (Revised 11/78) • STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into by and between the State of Minnesota acting through its Commissioner of Transportation, hereinafter re- ferred to as the "State", and the County or City of Eden Prairie hereinafter referred to as the "User", WITNESSETH: WHEREAS, the User, as evidenced by Resolution, a copy of which is at- tached hereto and made a part hereof as Exhibit A, does hereby request,the State to furnish from time to time'as needed and specifically requested, tech- nical and engineering assistance pursuant to M.S. 161.39: and WHEREAS, The State is authorized to provide technical and :mgieaering assistance to other road authorities by M.S. 161.39. NOW, THEREFORE, it is mutually agreed by the parties hereto that: 1. The State may, upon written request by the User, provide technical and engineering assistance and such other services as authorized by M.S. 161.39. 2. The State shall keep a record of its costs and expenses, including overhead costs, in providing assistance and services to the User pursuant to Paragraph 1 above, and shall prepare an itemized statement thereof Showing the amount due hereunder and submit the same to the User on a.periodic basis. 3. The User agrees to pay to the Trunk Highway Fund of the State of )Hnn►sots all monies due hereunder and as shown by the invoices or statements submitted to the User, within 30 days after such submission. 4. This Agreement is subject to cancellation by any party upon 60 days written notice. IN WITNESS WHEREOF, the State and the User have caused these presents to be executed by their respective officers. • Page No. 1 • • COUNTY -CITY ©F STATE CF HINSESOtA ' • • Dy (Chairman or ?resident) Commissioner of Transportation By (Auditor or City Clerk) (StsteAid Engineer) Date Date (Corporate Seal) Approved as to form and execution (Assistant Attorney Gpnsrn7) • • • Page Nor 2 • r _ AGREEMENT NO. ETA • CITY OR COUNTY OF ENTERED NO. 79-08 � SOLUTI SE IT RESOLVED, That pursuant to Section 161.39, Subdivision 1 through 6, Kim- mote Statutes, 1978, the (County) (Municipal) )sneer for and on behalf of the (County) (Municipality) of is hereby authorized to Icy...+,. and obtain from the Minnesota Department of Trans- tion, needed engineering and technical services for which payment will be,made by the (County) (Municipality) upon receipt of verified claims from the CommiCSiorost of Transportation. This authority is to remain effective until recinded'by either party. ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL ON Wolfgang H. Peniel, Mayor ATTEST: SEAL John D. Frane, Clerk • (SEAL) % .:' (Submit Certified Copies in Duplicate) Notes Attach certification by (Auditor) (Clerk) with each copy of the teso.uf ek+ Peas No. 3 Jan. 2, 1979 i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION,NO. 79-09 A RESOLUTION APPROVING FINAL PLAT QF OLYMPIC HILLS HIGHLAND WHEREAS, the plat of Olympic Hills Highland 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 OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Olympic Hills Highland is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated December 28, 1978. B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. Approval is hereby granted for the lot division of LOt 4, Block 1, Olympic Hills Highland, as shown on the survey dated 12/29/78, and lot size variances for Parcels B and C are hereby granted. D. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deed and/or Regis. trar of Titles for their use as required by MSA 462.358, Subd. 3. E. 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. F. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. G. The Declaration of Covenants, conditions and restrictions dated 12/1/78 shall be recorded in conjunction with the recording of Olympic Hills Highland. ADOPTED by theCity Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL _John I). Frane, Clerk 2 7 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: December 28, 1978 SUBJECT: Olympic Hills Highland PROPOSAL: The Developer, Olympic Hills Corporation, is requesting final plat approval of Olympic Hills Highland. This plat consists of four lots intended for the construction of multiple dwellings (RM 2.5), and is a replat of Outlot B, Olympic Hills. HISTORY: The preliminary plat was approved on June 7, 1978, per Council Resolution No. 78-101. Zoning to RM 2.5 was finally read and approved by the City Council on June The Development Agreement referred to in this report was signed on June 20, 1978. • VARIANCES: Variance from the requirements of Ordinance No. 93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. UTILITIES AND STREETS: All utilities and streets will be installed by the Developer in conformance with Eden Prairie specification and the require • - ments of the Development Agreement. • PARK DEDICATION: Requirements for park dedication are covered in the Develop- - ment Agreement. BONDING: Bonding requirements are covered in the Development Agreement. RECOMMENDATION: Recommend approval of the final plat of Olympic Hills High- land, subject to the requirements of this report and the following: 1. Receipt of fees for engineering in the amount of $120. 2. Receipt of cash deposit for street lighting in the amount of $98.40. • i 27A MEMO • TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulster], City Manager FROM: Carl Jullie, City Engineer ,DATE: December 29► 1978 'SUBJECT; Olympic Hills Highland Additional Subdivision of Lot 4, Block 1 • The Olympic Hills Corporation has requested C 117 approval of a further Sqb• division of Lot 4. Block 1, Olympic Hills Highland, as shown en the attached Survey dated December 29, 1978. This subdivision•could have been sheWn'An t final plat of Olympic Hills Highland, hOwe the proponents indicate l ,t they do not have time to amend the final plat.because of tertitili. closing commitments they have. The present toning of this parcel is ANI:fr b ' which requires 6,500 sq. ft. of land area per dwelling Unit. Par ts 6i and C have less than 6500 square feet (Parcel' :B:Q.aplrnx. 4,460 Parcel c = approx. 3,740 s.f.) and therefore lot size variances are neces• wry for these parcels. ReCcnmend approval of the subdivision of Lot 4, 'Bloch 1 01,5e11pie Hills Highland Addition per the 12/29/78 survey. Resolution Ho, 79-09 has been o amended. • • JJ:kh :,N4 • • • January 2,1979 CITY OF EUEN'PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79- 0 A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE EAST EIGHTH AUDITION WHEREAS, the plat ofPRAIRIE EAST EIGHTH ADDITION has been sub- ftted in the manner required for platting land under the Eden Prairie Ordinance ". fe: and under Chapter 442 of the Minnesota Statutes and all proceedings have been jy had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and fi '. ,the regulations and requifmnents of the laws of the State of Minnesota and ordie • r ., a of the City of Eden Prairie. NOW, THEREFORE, BE Ii RESOLVED B9 THE CITY COUNC2'L OF THECITY' OF. ,.` PRAIRIE: ' A. Plat Approval Request for PRAIRIE EAST EIGHTH ADDITION is approved upon compliance with the Teconeendatieiv of. he City £ngtneer`'.s Report on this plat dated December 2$, 18. ';,. .. ., .... B. Variance is herein granted from City Ordinance No, 93, . es ': Subd. 1 waiving the six month maximum time elaPs4:between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That Lhe City Clerk is hereby directed iio.fiile a tifld capf -of this resolution in the office of the Register of:i d and/or Regis° tray of Titles for thier use as required b MSA 469, r Subd S D. That the City Clerk is hereby directed to Supply' a certified copy of this Resolution to the owners and subdividers of the ab Pamed Ohm plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Cou:ndl.u.pon corn. pliance with the foregoing provisions. - ADOPTED by the City Council on Wolfgang H. Penzel, Mayer A''TEST: SEAL 4n D. Frane, Clerk • 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: December 28, 1978 SUBJECT: PRAIRIE EAST EIGHTH ADDITION PROPOSAL: The developer, Hustad Development Corporation, is requesting final plat approval of Prairie East Eighth Addition. This is an 84 unit multiple family plat (PM 6.5) located between Linden Drive and County Road #18, east of Prairie East 2nd Addition in Section 25. HISTORY: The Preliminary plat was approved on May 1€4 1978, per council Resolution #78-66. Zoning to RM 6.5 was finally read and approved on July 5, 1978, per Ordinance No. 78-23. The Development Agreement referred to in this report was signed July 5, 1978. The final plat now submitted for approval conforms with the approved preliminary plat. VARIANCES: Variance from Ordinance No. 93, Sec. 8, Subd.1, waiving the six month maximum time elapse between the approval date of the prelimi- nary plat and filing of the final plat will be necessary. Approval of this variance is recommended as the developer has proceeded with this plat in a reasonable and efficient manner. UTILITIES AND STREETS: Utilities have been installed throughout the devel- opment by the developer. Streets will be installed by the developer. Utilities and streets within the dedicated right-of-way will be main- tained by the City. The street name Sherwood Lane conflicts with existing names and will be satisfactorily changed prior to release of the final plat. The construction of turn lanes will be required in conjunction with approval of this plat. Costs for this construction will be included in the bonding amounts. • 29 • • • • - 2 PARK DEDICATION: Requirements for park dedication have been covered in the 'Development Agreement. BONDING: Bonding requirements are covered in the Development Agreement. RECOMMENDATION: Recommend approval of the final plat of Prairie East Eighth Addition, subject to the requirements of this report and the following: 1. Conformance with bonding.requirements. 2. Receipt of fees for Engineering services it the,amount of $1,600. 3. Receipt of cash deposit for t,Lret. lighting, in the:amount, • of $492. • C �1;kh • • • • 3 ; Dec.. S. 19, • ORDINANCE NO. 78-54 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • '. AN ORDINANCE CHANGING A STREET NAME WITHIN THE CITY Of EDEN PRAIRIE • The City Council of the City of Eden Prairie herein ordains the follwing street name change: Change the name of the Cartway. or W. I84th Ave., which lies along the West line of the Northeast lit 4f the Northeast 1. of Section 18, T116, R22W to West 18Oth Ave. First read at :a regular meeting of the City Council of the, City of Eden Prairie this .day of ,. 1D78z.,and fina1"fy read and • adopted and'ord d published at a regular mec i-ng-of.the 1i CdunsiT: - of said City on the day of 1 $8«, • 11olfgang H. Penzel, t'ayac ATTEST: SEAL John D. Frane, 'Clerk Published in the Eden Prairie News on RAP/rb 12/27/78 ORDINANCE NO. 78-57 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended by changing the property situated in the County of Hennepin, State of Minnesota, described hereafter to the following districts: Subd. 1. Lot 27, Block 7, Westgate Addition according to the plat thereof on file and of record in the Office of the Register of Deeds, Hennepin County, Minnesota, shall be in- cluded hereafter in the PS (Plan Study) District. Subd. 2. All that part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 116, Range 22, lying Northerly of the following described line: beginning at a point on the East line of the said Quarter Quarter, distance 600 feet North of•the Southeast corner thereof; thence Westerly parallel with the South line of the said Quarter Quarter, dis- tance 800 feet; thence Northwesterly to a point on the West line of the said Quarter Quarter, distance 770 feet Northerly of the Southwest corner of the said Quarter Quarter and there terminating, shall be included hereafter in the PS (Plan Study) District. Subd. 3. All that part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 116, Range 22', lying Northerly of the Northerly right-of-way line of State Highway No. 5 and Southerly of the following described line: beginning at a point on the East line of the said Quarter Quarter, dis- tance 600 feet North of the Southeast corner thereof; thence Westerly parallel with the South line of the said Quarter Quarter, distance 800 feet; thence Northwesterly to a point on the West line of the said Quarter Quarter, distance 770 feet Northerly of the Southwest corner of the said Quarter Quarter and there terminating, shall be included hereafter in the PS (Plan Study) District. • Subd. 4. That part of the Westerly 840 feet of the Southwest Quarter of the Southeast Quarter of Section 8, Township 116, Range 22, lying Southerly of the Southerly right-of-way line of State Highway No. 5, excepting therefrom a parcel described as commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 8; thence Easterly along the South line thereof, distance 951.5 feet to a point known as point "A"; thence Northerly at right angles to the center line of State Highway No. 5, said point being the actual point of beginning; thence Southerly to point A; thence deflect to the left 72 degrees, 0 minutes and 10 seconds to the center line of County Road No. 4; thence Northerly along the said center line to the center line of Said State Highway No. 5 thence Northwesterly along said center line to the point of beginning, shall be included hereafter in the PS (Plan Study) District. Subd. 5. All that part of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, lying North of the South 680 feet thereof, Southerly of State Highway No. 5, and Westerly of the Northerly extension of the Easterly line of the Lincolnwood Addition according to the plat thereof en file and of record in the Office of the Register of Deeds, Hennepin County, Minnesota, shall be included hereafter in the PS (Plan Study) District. Subd. 6. That part of Sections 8 and 17, Township 116, Range 22 described as follows: Commencing at the Southwest corner of Southwest 1/4 of Southeast 1/4, thence East along South line thereof 951.05 feet to a point known as Point A, thence North at right angle to the center line of State Highway No. 5, said point being actual point of beginning, thence South to Point A, thence deflect left 72 degrees, 00 minutes 10 seconds to the center line of County Road No. 4, thence North along said center • line to the center line of State Highway No. 5, thence Northwesterly along said center line to beginning, except roads, shall be included hereafter in the PS (Plan Study) District. Subd. 7. Also the North 511.50 feet of the West half of the NE 1 4 of Section 17, Township 116, Range 22, except that part thereof lying Northerly of a line drawn Southeasterly at an angle of 17 degrees 00 minutes 50 seconds to said North line from a point thereon distant 951.50 feet East of the Northwest corner thereof. Except the following: That part of the West Half of the Northeast Quarter of Section 17, Township 116, Range 22 and that part of the -2- 33 South Quarter of the Southwest Quarter of Section 8, Township 116, Range 22 lying Southerly of the center- line of State Highway No. 5, lying Southerly and Westerly of the following described line: Beginning at a point on the South line of the North 511.50 feet of the West Half of the Northeast Quarter of Section 17, a distance of 320.06 feet West of the Southeast corner of said North 511.50 feet of the West Half of the Northeast Quarter of Section 17; thence North parallel with the East line of said West Half of the Northeast Quarter of Section 17, a distance of 168.03 feet; thence West parallel with the North.line of said Northeast Quarter of Section 17, a distance of 79.17 feet; thence North parallel with the East line of said West Half of the Northeast Quarter of Section 17, to the South line of the North 146.50 feet of said West Half of the Northeast Quarter of Section 17; thence West along the South line of the North 146.50 feet of the West Half of the Northeast Quarter of Section 17, to the East line of the West 450 feet of the West Half of the North- east Quarter of Section 17; thence North parallel with the West line of the West Half of the Northeast. Quarter and its Northerly extension to the centerline • of State Highway No. 5 and there terminating; except the West 100 feet thereof, and The East 399.53 feet of the North 343.50 feet of the West Half of the Northeast Quarter of Section 17, Township 116, Range 22 except that part thereof lying Northerly of a line drawn Southeasterly at an angle of 17 degrees 00 minutes 50 seconds to said North line from a point thereon distant 951.50 feet East of the North- west corner of said West Half of the Northeast Quarter of Section 17. Also except, the south 170 feet of the North 511.50 feet of the easterly 325 feet of the north- west 1/4 of the northeast 1/4 of Section 17, Hennepin County, Minnesota, shall be included hereafter in the PS (Plan Study) District. Subd. 8. The East 217.8 feet of the West 959.8 feet of the South 300 feet of the Southwest Quarter of the Southwest Quarter, Section Township ,D ange istrict2, shall be included hereafter in the PS (Plan Study) Subd. 9. That part of the South 300 feet of the Southwest. • Quarter of the Southwest Quarter lying East of the West 959.8 feet thereof except the railroad right-of-way, Section 9, Township 116, Range 22, shall be included hereafter in the PS (Plan Study) District. Subd. 10. The Westerly 625 feet of the South 570 feet of the North 1215 feet of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, shall be included hereafter in the PS (Plan Study) District. 3 -3- • • • FIRST READ at a regular meeting of the City Coattail of the City of Eden Prairie this day of 197 and finally read and adopted and. ordered published, 'a regular meeting of the City Council of said City on this • day of , 19 of E:•Toac • • 4 • gtlia f ram, Ci : .r.. . '. Published in the Eden, Prairie Newt on ig . • • • 3r .. • • • CITY OF EDEN PRAIRIE . HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-01 A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS • • BE IT RESOLVED that the use of facsimile signatures by the following named persons: • Wolfgang Fenzel, Mayor and John D. Frane, Treasurer or Roger K. Ulstad,;Manager on checks, drafts,, warrant-checks, warrants, vouchers or other orders.err ppuublic funds deposited in the be and hereby is ap rved, and that each of said named.pnIaens may authorize said depository tank to honor any such instrument bearinn.hid id ifml•1e signature in such form as he may designate and to charge t e:eame to the ua in said depository bank upon which drawn, as fully as though it bare his • manually written signature, and that instruments se honored shall be whol'lr operative and binding in favor of said depository bank although such facsimile signature shall be been affixed without his authority. ADOPTED by the City Council on the 2nd day of January, 1979: • Wolfgang 1i'. Fenzel, Mayor ATTEST: SEAL . John D. Frane, Clerk • • ale • • RESOLUTION NO: 79-0R CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA A RESOLUTION AUTHORIZING.THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS. BE I1 RESOLVED, by the City Council, of the City of Eden Prairie, County f Hennepin, that the city Treasurer is authp !ed to invest . City of Eden Prairrie funds With any bank, or other Financial Insi;iiartion authh0Ytsed to do business in the State of ilinnesota in 'Certificates, o€"Depursits, U.N. Government Notes and Bills, oblipatiirns Of the State-of Minnesota or any of its subdivi-si+ y 'Federal government Agency>onds and Notes, Savi Accemts and Repurchase.,A.Oreeaie its • and.any.ether security authorized by Tars. The'EitY Treasurer shall secure and naiittaifl adequate security for.funds.deposited: ADOPTED by the City Council on this 7.nd day of Jam, ... • Wolfgang.iL Penaet, Maier ATTEST: SEAL • John D. 'Fran, Clerk • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79.O3 A RESOLUTION DESIGNATING OFFICIAL NEWSPAPER • BE IT RESOLVED. by the City Council of the City 4f•Eden Prairie, Minnesota. that the be designated as the official City newspaper for the year of 1979. ADOPTED by the City Council of the City of Eden Prairie this: Znd day of January, 1979. • 1folfpang H. Penze7. ayor SEAL • ATTEST: John'D. Frane, Clerk 3 • • • lam' Ott z c,17� , N tS718WEST 78TH STREET • EDEN PRAIRIE,MM'S5'i43 • PF$ONE$41.7`344 December 22, 1+978 Mayer Wolf Penzel 'City of Eden Prairie 855 Eden Prairie Road Eden Prairie, Mn. 55344 This ratter is a request that you designate the:Eden Prairie News. as your official newspaper for Deadline for legal notices is'Renday noon for eatr Thursday publication. Our publication rates are set by the office of the state printer and are the same as other newspapers throughout the state. • Thank you for allowing us to be of service in the past; we are hopeful we may continue as the official newspaper for Eden Prairie. • if you have any questions, please contact me. Sincerely, Stan Rolfsrud Publisher • • • 39 • • • December 15, 1978 SUN NEWSPAPERS EC 1 8191 6601 WOOT SEVENTY•EIGHTH STRUT • tOWNA. wee. 3S43S • 941-4600 Y City Council City of Eden Prairie 8950:Eden Prairie Road Eden Prairie, MN 55343 Gentlemen: Your designation of the Eden Prairie Sun to be your official newspaper for the year 1979 will be moat appreciated. The rate for legal publications as set by Minnesota law is 20.5V per line for the first insertion, 13.6v per line for each subsequent insertion. Tabular matter, i.e., proper names, numbers, legal descriptions, etc., is 6.9V per line additional for the original insertion with no additional charge for repeats of the original insertion. We will provide, at no additional charge, two notarized affidavits on each of your publications. Additional notarized affidavits, on request, will be furnished at 250 each. All publications should reach this office by 4 p.m., Monday preceding your Wednesday publication. In order to expedite our services to you, it is requested that you direct your publications to the attention of Meridel Hedblom, Legal Department, 6601 W. 78th Street, Edina, MN 55435.• Thank you for your consideration of this, our official application for designation of the Eden Prairie Sun as your official newspaper for the ensuing year. Very truly yours, SUN NEWSPAPERS, INC. A#144414(11" James R. Ritchey Executive Vice President JRR:bk LIV • • CITY OF EDEN PRAIRIE . HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-04 RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING, BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for this City in the transaction of any banking business with the (hereinafter referred to as the bank), such authority including authority on behalf of or in the name of the City from time to tine and until written notice to the bank to the contrary, to sign checks against said account, which cheeks will be signed by the Mayor, Manager and City Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described:, whetheror not said check is payable to the order of, or deposited to the Cradit of, any officer or officers of the City including the signer.er signers of the check. BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor, the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer, and the Acting Manager be authorized to sign checks.as an alternate for the Manager. ADOPTED on the 2nd day of January, 1979. 'Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-05 • A RESOLUTION DESIPNATINP DEPOSITORY BE IT RESOLVED, that the Minnesota, be authorized to do banking business in Minnesota be and. hereby is designated as an Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. for a period of one year from this date. The City Treasurer shall secure and maintain adequate security for funds in the depository. ADOPTED by the City Council this 2nd day of Janaury, 1919, Wolfgang H. Wenzel, Mayor ATTEST: SEAL • Jahn D. Frane, Clerk ,1 • - ost,0 t MIDWEST FEDERAL % 801 NICOLLET MALL.2.8.181420115,MAN.56402 DEC z 8 1978 December 21, 1978 Dear City Council J-4.4wter: At your Annual Organisation Meeting., in January Midwest Federal Savings and Loan is requesting to be appointo9 as official depository of your Cnnsnintty. The appointment will not require that your community Juke a deposit at this time with Midwest Poderalt Out will enable your investment personnel to take adwanta4e Of our high interest .. rates quickly whenever deposits becoPe ausa.lable. Of course we are prepared to handle your deposits in accordance with Minnesota Statute and to pledge security for those deposits in eme.vcs of the FSLIC insurance limits. If I can answer any questions for you or you would like rate or security information, please call me at 372-435. Yours ruly mph S. Srtman stant Vice Preedent JEEtcjp • - , , . •-• 10AA ECfEAt PRAARlE CENTER.EDEN PRAINNE,MINNESDJrA 55343•TELEPHONE 812f941.7100 SU1 nNational . December 87, 1978 Honorable Wolfgang Pencil and 6rs of the City Council . City of Eden Prairie . Eden Prairie, MN 553114 Dear Mr. Mayor,and Council 1 On behalf of t1ae Directors and staff of Enbur%an National Bank. of Eden Prairie,.pleaSe a pt appreciation far the opportunity this paSt yeAr tB serve as the Official Depository for the City of Eden Prairie. It is our desire to continue to segue in this capacity as the Official Dei tisi'tory-and express tp you our thanks for your consideration. 1 • ( . Tar vil ligerr resident RWT:hd • CITY OF EDEN'PEE NENNEPTN COUNTY, littINESIITA RESOLUTION NO. 79-05 •RESOLUTION CESIONATINf TOE OFFICIAL IdF"Ernwr . . DATES, TIME AND PLACE FOR TIIE CITY OF WEN PRAIRIE COUNCIL MEMBERS IN 19 ; IN TT RESOLVE, by the my teen i1 .elf C1V Of"Oen i* rleo '."- m•treTeetltv, titet they meet an the_ftrSt*ini third TuesffisYs of emh. mont1 at7Y8it"p m. to be adjourned-Tey fl O Nam. 001491 Wafted ` unatlinous-gite of members :preeenia.:ifl tlitt""Eden Prairie,..City li&Il, 8950 Eden:PraIrie Rttad, Eden'Preen, tiinni itx . JI)OPTED by the City CosneTI IIf the tit ' don Pre i•3e Eiit3 End day 4f di ua'rY 1919. • Iinifieng'14. Pentel'. ►' Yer , ATTEST: SEAL John N. Frame, Clerk t .1 } November 28, 1978 TO: Roger Ulstad FROM: Keith Wall SUBJECT: Animal Patrol Services Attached is a contract sent to us by Metropolitan Animal Patrol Services, Inc. covering their services for 1979. It appears to be the same as last year's contract with the exception of some increases in cost. I would rind that we continue using MAPSI for our animal patrol requirements for another year. 1979 1978 A. Patrol- Regular $11.25/hr. $10.75 -5Z B. Board $ 3.20/da4y $ 3.0 7iI C. Euthanasia $ 5.00/animal $ 5.00 .0 D. Special Calls $12.O0/'hr. $12.00 8. E. Special Calls $14.O0/hr. $12.00 1977 Cost $7,112.00 1978 thru Nov. - $7,510,00 440 • • CONTRACT This agreement made this Nov.20,1979 , by and between Metropolitan Animal Patrol Service, Inc., a Minnesota Corporation, hereinafter referred to as M.A.P.S.I. and the City of Eden Prairie a Municipal Corporation located in the County of , and the State of Minnesota hereinafter referred to as City, witnesseth: In consideration of the covenants and agreemtents hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 3 • 1. •This agreement shall be effective as og the Jan. i, 19.79 , and shall continue in effect until Dec. 31, 1979 2. • M.A.P.S.I. agrees to patrol the public streets of Eden Prairie in a vehicle specially designed for the transpor*, Cation of small animals, in accordance with a schedule agreed upon by both parties. 3. M.A.P.S.I. agrees that patrolling shall be done by compe- tent personnel trained in the handling of animals, and that such - employees shall be approved by the City's Chief of Police at the City's request. Such employees shall be.deputized by the City with such police powers as are necessary for the apprehension and retention of dogs, cats, and other animals, and such emplo- yees shill also be furnished with special police badges by the Chief of Police. However, M.A.P.S.I. will not invade the private property contrary to the wishes of the owner of said property.nor forcibly take an animal from any person without the approval And • assistance of a regular police officer of the City. 4. In addition to the regular hours of patrolling referred to, M.A.P.S.I. agrees to maintain one (1) vehicle for standby • service to attend cases outside regular patrol hours at the specific request of the City's Police Department. 5. M.A.P.S.I. represents and agrees that all animals impounded shall be kept at M.A.P.S.I. housed at 506 llth Avenue North, Minnea- polis, Minnesota and M.A.P.S.I. agrees and warrants that all ani- mals impounded shall be kept in a comfortable and humane manner for a period required by City Ordinance. M.A.P.S.I. agrees that the pound facilities shall be open and available to reclaim animals from 8:00 a.m. to 7:00 p.m. Mondays through Saturdays and from 1:00 p.m. to 5:00 p.m. on Sundays and Holidays. 6. At the time that Any animal impounded under this contract is recjaimed, M.A.P.S.I. or its agent shall collect the impounding fee, the license fee and boarding charges as provided by City Ordinance. M.A.P.S.I. shall furnish monthly reports to the City as required as to the service or services rendered in connection with each animal impounded. All impounding fees, license fees, and any other penalty fees collected by M.A.P.S.I. or its agent shall be remitted monthly to the City. 7. In the event an animal is impounded and boarded by order of the City Health Office or placed under quarantine by ruling of the State Board of Health, said animal shall be boarded as required by said order of ruling. At the end of such period, the City releases all of its interest, right and control over said animals which may then be disposed of at the discretion of M.A.P.S.I. In the event that any dogs, cats, or other impounded animals arc unclaimed after five (5) days, they shall become the property of. M.A.P.S.I. and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be retained by M.A.P.S.I., including any proceeds received from any animals disposed of according to Minnesota Statutes 35.71. 8. The City shall furnish to M.A.P.S.I. all forms, license and pound fee receipts and license tags as specified in the ordinance, and M.A.P.S.I. shall keep records of ail animals impounded together with a description of the same. 9. M.A.P.S.I. shall equip all vehicles with two way radio and/or other communication equipment and agrees to service and maintain said equipment. 10. M.A.P.S.I. shall assume liability for all harm to animals due to its negligence or that of its agents in not properly caring for the same, and agrees to defend any lawsuits arising therefrom. M.A.P.S.I. 'shall defend, indemnify, and hold the City harmless including its officers, employees or agents • from any and all claims, suits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death and property damage including injury to animals as the result of, or alleged to be the result of M.A.P.S.I.'s operations. Upon request,, M.A.P.S.4. . shall provide to the City with proof of public liability insur- ance including comprehensive automobile liability in an amount of at least $100,000.00 per each claimant and $300,000.00 for each occurrence. 11. M.A.P.S.I. agrees that during the period of this con- tract it will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin, or ancestry, and will include a • . to comply with the:provisions of hinnes©ta Statutes 101.59. 12, The City agrees to pay M.A.P.S.I. for services in the • performance of this contract as follows: a. Price per hour per ambulance for furnishing Patrol Ambulance for scheduled hours of patrol (actual time in service for City) • 11.25. b. Price for each 24 hours or fraction thereof for boarding any species of animal impounded by direction of City of- ficials or local ordinance, c.PPrice per each animal for destroying dogs or cats, t 5.00 d. Price per call for ambulance service of injured animal or bite case during other than scheduled or regular working hours of 8:00 a.m. - 4:00 p.m. Mondayathrough Friday. (Emergency Service) $ 12.00 e. Price per hour per ambulance for service during other than scheduled or regular working hours, except for injured animal or bite cases, including travel time (Special•Service). $ 14.00 13. All payments shall be made by the City upon receipt of monthly statements of M.A.P.S.I. 14 14. M.A.P.S.I. agrees to provide veterinary services to impounded animals as needed at no cost to the City. tJU • to comply with the,-provisions of Minnesota Statutes 181.59. 12, The City agrees to pay M.A.P.S.I. for services in the performance of this contract as follows: a. Price per hour per ambulance for furnishing Patrol Ambulance for scheduled hours of patrol (actual time in service for City) $ 11.25. • b. Price for each 24 hours or fraction thereof for boarding any species of animal impounded by direction of City of- ficials or local orb$*pace, - .$ . ate- 1, a c.PPrice per each animal for destroying dogs or cats, S 5.00 . d. Price per call for ambulance service of injured anfmA1 or bite case during other than scheduled or regti+lAr working hours of 8:00 a.m. - 4:00 p.m. Mondayathrough Friday. (Emergency Service) • $ 12.00 • e. Price per hour per ambulance for service during other than scheduled or regular working hours, except for injured animal or bite cases, including travel time - ' (Special Service). $ 14.00 13. All payments shall be made by the City upon receipt of monthly statements of. M.A.P.S.I. . 14 14. M.A.P.S.I. agrees to provide veterinary services to . impounded animals as needed at no cost to the City. 111: • 50 M, • • • •• -5- • 15. Either party hereto may cancel the within contrast • • upon thirty (30) days written notice thereof to the other party. • • • • • M.A.P.. .=. ,ram • By P� fden • • . • • • • • • • • • • • • • • • • Shady Oak Industrial DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1978 by and between RICHARD W. ANDERSON, INC., hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City for preliminary plat approval for approximately 26 acres for development of land more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to plat the property into four industrial lots, for industrial uses. NOW THEREFORE, in consideration of the Mayor and the City adopting Resolution 78-217 approving the preliminary plat, Owner covenants and agrees to construction upon, development and maintenance of said property as follows: 1. Owner shall conform with all planning,architectural, engineering, landscaping and fee requirements of all City ordinances. _2. Owner shall plat and develop the property in conformance with the material reviewed and approved by the City Council, dated 10-2-78 and attached hereto as Exhibit B, except as otherwise provided herein. 3. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, ponding areas and floodplain high water levels for 100 year storm and minimum floor elevations for all lots. The development plan shall be subject to approval by the City Engineer. • • . 151 Agreement-Shady Oak lnd. Pk. page 2 4. Owner shall relocate the temporary'cul-de-sac of Shady Oak Road as depicted on Exhibit B to the northwest as • per City Engineer's recommendations. 5. Owner shall locate utility systems in order to provide service to the north and west of the property as per City Engineer's recommendations. • 6. Owner shall submit detailed construction and storm sewer plans to Nine Mile Creek Watershed District for review and approval prior to final plat approval. 7. Owner shall plat Shady Oak Road having a right-of-way 80 feet • • wide and a surface 52' wide measured from back of curb to back of curb in accordance with City Engineer's recommendations. 8. Owner shall plat E-W Street as shown on Exhibit B , having a right-of-way 70 feet wide and a surface 38 feet wide measured from back of curb to back of curb in accordance with City Engineer's recommendations. 9. Owner shall not permit parking within the 50 foot setback along Shady Oak Road. 10. Owner agrees not to develop any land to the north and west of. the property until Shady Oak Road is extended to US 169/212. ' 11. Owner shall pay cash park fees, as to all of the property • required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee payment applicable to the property is $1200/ acre. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a • greater or lesser amount as of the date of the issuance of any building permit for construction on the property. • 12. All sanitary sewer, watermain and storm sewer facilities concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards , by a Registered Professional engineer and submitted to the . City Engineer for approval. The Owner, through his engineer, • :73 • Agreement-Shady Oak Industrial Pk. page 3 • • shall prpvide for competent daily Inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifi- cations shall also be delivered to the city engineer. The, Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and pay- ment of costs thereof in an amount no less than the estimated costs of construction plus 20% of all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility systems subject to recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such systems in such form as shall be acceptable to and containing such further terms as shall be required by the City. 13. Owner shall file this Agreement with the Register of Deeds(or Registrar of Titles)and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. 14. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accor- dance with paragraph 13 herein, no building permits shall be issued. 15. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. _ 16. Owner represents and warrants it owns fee title-to the property free and clear of mortgates, liens, and other encumbrances, except• • • contract for deed between fee owners: Astleford, Hagen, Mason, Carter 17. Prior to dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall • deliver to the City an opinion addressed to the.City by an Attorney and in a form, acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance • policy insuring the condition of the property or interest therein in the City. 18. The condition of the title of any real property or arty interest therein to be dedicated, tranferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title. herein free and clear of any mortgages, liens . encumbrances , or assessments. �L� . • Agreement-Shady Oak Industrial Park • page 4 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EOiN PRAIRIE, a municipal . corporation of the State of Minnesota • Wolfgang H. Penzel, As Mayor Roger.K. Ulstad, Its Manager STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN The foregoing instrument waa acknowledged before me this day of .* . 1978 by Wolfgang H. Penzel, 'the Mayor and Roger K. Ulster,-"the City Manager • of the City of Eden Prairie. a municipal corporation on behalf of the corpora- tion. Notary Public OWNER ..-_ '., . ichard W. Anderson, Owner o t H pr'opert STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this, ' ,day of; ina 1978 by Richard W. Anderson. :,1I ''..t08 • • • 1 LEGAL DESCRIPTION . . The west 612.85 feet of the South 1/2 of the Southeast 1/4 of the Southeast • ' 1/4 of Section 1, Township 116, Range 22, Hennepin County, Minnesota. Also • That part.of the north 70 feet of the South 1/2 of the Southeast I/4 of the • Southeast 1/4 of Section 1, Township 116, Range 22, lying east of the west 612.85 feet thereof and west of the westerly right-of-way line of Washington Avenue. Also • That part of the Northwest 1/4 of the Southeast 1/4 of the Sout.he,gst•1/4 of Section 1, Township 116, Range 22, described as follows: Commencing at the Southwest corner of said Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4; thence east along the south line thereof to a point 190.98 feet west. from the southeast corner thereof; thence north to.a point .325.83 feet south from the • north line thereof; thence east a distance of 124:98 feet; thence north to the north line of said Northwest 1/4 of the Sout•hease 1/4 of thr Southeast 1/4; thence west.along said north line to the northwest corner thereof; thence • south along the west line to the point of beginning. Also ' That part of the east 257.15 feet of the Southwest- 1/4 of the Southeast 1/4 of Section 1, Township 116, Range 22, lying south of the westerly extension of - the south line of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 1. Also • • That.part of' the Southwest 1/4 of the Southeast 1/4 of Section 1, Township 116; Range 22, Hennepin County, Minnesota, d.,.cribed as follows: beftinni'np,•ut the southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4;• • thence on an assumed bearing of North 86 degrees 03 minutes 36 seconds west along the westerly extension of the south line-of said Northwest 1/4 of the 'Southeast 1/4 of the Southeast 1/4 a distance of 187.21 feet; thence northwest- erly a distance of 587.02 feet along a non-tangential curve concave to the . 'southwest having a radius of 727.19 feet and a central angle of 46 degrees 15 minutes -06 seconds, and the chord of said curve bears north 20 degrees 41 .minutes 37 seconds west; thence north 75 degrees 21 minutes 06 seconds east to the northeast corner of said Southwest 1/4 of the Southeast 1/4; thence southerly • along the east line of said Southwest 1/4 of the Southeast 1/4 to the point of beginning. Also • A 70 foot strip of 'land over and across the following described property: . 'The Southwest 1/4 of the Southeast.1/4 of Section 1, Township 116, tangs • 22, Hennepin County, Minnesota. The northerly and northeasterly line of said 70-foot strip is described as • follows: • • • • • Beginning at the southwest corner of the Nerthwest,l/4 of.the Southeast 1/4 ' of the Southeast 3/4 of said Section 1; thence on an assumed bearing of • North 86 degrees 03 minutes 36 seconds west along the westerly extension of • the south line of said Northwest 1/4 of the Southeast-1/4 of the Southeast • 1/4 a distance pf 187.21 feet; thence northwesterly a distance of 587.02 feet - along a non-tangential curve concave to the •uuthwest having a radius of 727.19 feet and.a central angle of 46 degr.•••s 15 minutes 06 seconds, and the chord of said curve bears North 20 deArrea 41 minutes 37 seconds west, • and said.line there terminating. EXHIBIT A, Shady Oak Industrial Park Agreement • rep • . 1. :: •-z-r ?... /7i ./.1.7i"-77 ....5 i„.. • - . • i ' it•Pstrill I ;i iii!.!:'"ii.;1 ii: i7:,:1-1': ir. • •5iiiii ' f: l'iii:1::ilt; 'II: 1•.'• II!'" - ii: 7 • • "' il Illkait4 '." II" xptertrzr.it z..r.-; ?If :yr. 1 i t , . • • • -It i 12 I i = ; 4 it i• •1 * - 0• • . - t • • • / I.,eq't•'' ,f A'.. °, ° ° /V 0 'II tl ,,,,,,,,,-... \ • ". ( i ir ,I,' '/. :1/4 ,, ,i!,,7 3-,-______.%.,, ..."..7 . .....,,,.._,,,„..0",-----........ ,,.._....k. .,....t ,,. . ,i_t i • , ‘ • ...F.1,----......e ."-_,th"... ..........s.......c.........-.........-...........„-.---•••••••••••••.-...- _.,.... .'r."'-'''-r•:_„„/ s .' . .<1. :.17 1 1..)- /.. . . ----..--.-...--. ------. ,*, -- .--- ----- .1\ • ."'-..1---- ,..r.-_,--•‘..s t'. 1/ .. , . ".., • -. 14. ,'t .. . . ...----.-.-'7.'..ft 1/ ."•\ 7 . ' • li A k'''t .., ‘ • • - . ... . • ,• -.... • I li• ,.. ,6,V( '... .-,*.. i •'.'...)... • ;t , e ;•• • .41. • .•Ato. • ' '•-. \‘ * " . (7::•• '''''''''S, l'•‘'A '''4..t •'. . ' \ - tq...: . •'•••••••••••••••••••,,s;•••••••••-.. .• 134.•-• 40,. '7.•••}1 i 4 \\ It, Iff:',46• ,..ekti•: --'• /\,1;,,4/../..''' ' •..• \ . • -- /..44$of 4•0,els•x7/04.14//Phi 4,,/./..re• . s.r, , ?...-- '01:,:"'61''''T'. • - 4..c,c',,..f. - t ,i• \ ' ----- f(10 -, 4,--•ist • .3----SHtitaiel.----":r:------....:A"'N-..ki . 4,7*.t. :::.2...SCItr', ... ``A-...r....Z-NY i -- --•- --,--,..'-if, ?„,....--" !,4 • ' _ so - -•----; 1 •• --s-1,.:-..- -) li . „I . . ••-‘ ,. .• ; ‘.•‘1;...0.,./..."..y__ /st %/si ---, ,4- - .c1,,-,.....'.'-‘'•.t 1t•'*I.. .21.1. , "*" C7S..'•......%\••.•.••.....or. ek : 97 •••t , i \ ...'..." ., .....• \ I 't ''. • r•--***--•" • • N 1' ' . • • , . . , „ ye- . ,„, • . e - 58 ' ...-....-____. ..... ., ''4•4' e "...t Le- ..4.4.• ' ? 1-. 1 • 0% ' ". 1 .' tl•r-1"' :k . 1 -• o• „,..L....,1 c . , ),,,:f. •••... , .4' ;' ''''' 4 I 4 •• I L ( ' - , • ,t • r ••.; , .1.p. , \...,r_tg ... . '''.......s.. ,. I', t . I .6% 0 •: ' i t 6 .........._,1 'VI-jil is '. : E,-; f , • ' ,1; • .... k, ,i f : l cst:-;.--. ....,. • ii ---- 1: : . ‘ •.- ' ;)7' r.. .....,,. 7,1 i , ' t i -• •j •''' '‘ Pt' ott....,,loc„.; 7..I 1.: 4,...-:------.--........__.-—._---...-------,-.—_...... : ' I 1"."""..".."-1 ' 'f;0 ti I \ 42 • ..- -•-' ....-'• ''-"'-•••••r" •'`''- I' 1 I e I . _ 11/4-----,/" 4 •. ..4,,.. - • . . - - I • I . i L C.7-ilk 4 I /,,,, , a• ./ - 4 ••••••! ' 4 , i ''. 7., rci — • ---- '—- 14 -----•- ) 1 -- ..,(11.014 ti-iSv m ,^ ", - • ": : ." ' '7' • • 1 • "1= MEMORANDUM TO: Mayor and City Council I ', TIOUJ: Bob Lambert, Director of Community Services PROM: Stuart A. Fox, City Forester.506 DATE: December 28, 1978 SUBJECT: Bids for a Tree Removal Tau‘k Bid specifications for a large capacity tree removal truck were sent to the folilowing: Innate Equipment Lakeville', Minnesota Tri-State Tree Bloomington, MinnCSetta • 1.014119, Edge Parc' llopkins, Minnesota • Dennis Weiler Minneapolis, Minnesota (tree contractor) On December 28, 1978, the City received only I bid return. The bid vas from Tri-State Tree Service for $16,000. The staff feels that this bid is contrary to the originally quoted selling price of $12,5OD and therefore rejected the hid. SAP:md ' --" • • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services — DATE: December 22, 1978 SUBJECT: Senior Citizen Transportation Program On December 20, 1978, I met with Merle Gamm, Business Manager; Mick Anderson, Director of Community Education; and Bob Bader, Transportation Manager of the School District, to discuss the possible use of the 15 passenger van. They informed me that the City could use it but - a) The van is a 15 passenger van, by State law anyone driving a vehicle of 11 passengers or more must possess a valid Class B drivers license, b) The van has over 115,000 miles on it and is not too reliable, c) The rear heater does not work, d) The transportation manager does not feel comfortable allowing elderly people to be transported in a vehicle as unreliable as the van. After considering this information, I too would not recommend using the.van for this ' program. The City really has three alternatives at this point: 1. We could initiate a program in Ja,"ary using the donated station wagon and the •:lunteers that we have to date. This would get us into a trial program at very little cost. (maintenance, fuel and volunteer coordinator) 2. Due to the limited number of volunteers, the program might have a better _ chance for success to start out with paid drivers. ($150/mo. for 6 month trial program would be $900) We could start the program.using the existing station wagon until either the station wagon proved inadequate or unreliable and then rent a station wagon or van. • 3. We could also choose to start with paid drivers and a rented vehicle. This would be a substantial financial conenitment for even d 6 month trial program. ($150/mo. for drivers, approximately $250/mo. for a vehicle) The number of people this program will serve is still an unknown. I think an estimate of 15-20 people may be on the high side, therefore it may be appropriate to initiate the program with the least amount of cost and go to a rented vehicle and/or paid drivers as the needs are justified. Staff would recommend beginning the trial program with existing volunteers and our existing station wagon, and to continue to solicit volunteers as the program develops. • f If the station wagon does not work out, we would then request approval to rent a van or station wagon. BL:md • • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Uistad, City Manager FROM: Carl Jullie, City Engineer • DATE: December 28, 1978 SUBJECT: Additional Staffing for Engineering Department The present Engineering Department's staff consists of the Public Works Director, three engineering technicians, one full time secretary and a part time clerk. Mr. Hanson. a recently hired graduate engineer, has resigned in order to pursue his Masters degree in Civil Engineering. With our present staff, it is sometimes difficult to• keep up with the usual day to day department activities and therefore additional staff is necessary if we are to undertake feasibility reports, preparation of plans and specs and construction engineering on our public works projects. Accordingly, it is proposed that two engineering technicians in the salary range of $1.000 to $1.200 per month. In addition, it will be necessary to hire one or two part time technicians during the summer construction caaenn to help with surveying and inspection. A panel truck and some office fur- niture will also be necessary to accomodate this expansion. • With the proposed additional staff and some reorganization of our present duties, we should be able to handle about 1.5 to 2.0 million dollars Of construction, depending upon the scope and complexity of the individual • . projects. Engineering consultants would still be necessary for Complex projects such as bridges, traffic signals and any surveying requiring a registered land surveyor. They also would be needed if the annual volume of work exceeded our capabilities and if we needed help or construction staking during the peak construction periods. In summary, it is recommended that the City Council authorize the addition of two engineering technicians to the City staff, including a .panel truck • and office furniture. plus part time summer help as required to handle the work load which develops. CJJ:kh 1 January 2, 1979 (31)-1 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as fellows: 12-15-78 2622 TWIN CITY WINE CO. Wine 346.75 2623 INTERCONTINENTAL 358.56 PACKAGING CO. Wine 2,358.56 2624 MINNESOTA DISTILLERS Liquor 2,4 2625 GRIGGS, COOPER & CO. Liquor 468.90 2626 ED PHILLIPS CO. Liquor 419 2, 2627 JOHNSON BROTHERS WINE Wine 453.0680.68.92 2628 OLD PEORIA CO. Liquor 2629 QUALITY WINE CO. Wine 1,246.5722 57 2630 DAY DISTRIBUTING CO. Beer 80 2,732.15392. 4 2631 ROUILLARD BEVERAGE CO. Beer 2632 THORPE DISTRIBUTING Beer 1,619.35 2633 EAST SIDE BEVERAGE CO. Beer465 669. 2634 LEDING DISTRIBUTING CO. Beer 1,464.20 2635 BEER WHOLESALERS, INC. Beer 33. 010 2636 HENNEPIN COUNTY Section prints-Engineering 300.001 12-18-78 2637 HOPKINS POSTMASTER Postage for meter8.80 2638 HUDSON MAP CO. Maps for Planning dept. 12-21-78 2639 PETTY CASH Reimbursement of fund-City Hall ,868.09 1 2640 CREEK KNOLLS PARTNERSHIP Contract payment 5 ,875.00 2641 CREEK KNOLLS PARTNERSHIP Contract payment 12-22-78 2642 ECKLUND & SWEDLUND Leasehold improvements-Liquor store 7,44.000 2643 EAGLE DISTRIBUTING Wine and liquor 1,565.5979 2644 MINNESOTA DISTILLERS Liquor565.59 2645 GRIGGS, COOPER & CO. Liquor 1,197 292.27.32 961 1, 2646 ED PHILLIPS & SONS Wine and liquor 2647 KIWI KAI IMPORTS Wine2 1,127 2648 TWIN CITY WINE CO. Wine 0 2649 JOHNSON BROTHERS Liquor 1, 0 .51.20 2650 OLD PEORIA CO. Liquor and mix 1,890.751 2651 QUALITY WINE CO. Wine 12-26-78 2652 INTERCONTINENTAL 322.97 PACKAGING Wine 2653 HAPPY TYME Mix 152.2200 2654 SEVEN-UP COMPANY Mix 169.25 2655 COCO-COLA COMPANY Mix 12-28-78 2656 PUBLIC RETIREMENT YASSN.EES Emcontributionloyees hi2-22 payroleld and l ll 6,015.43 2657 SUBURBAN NATIONAL BANK Bonds withheld for December 356.25 2658 UNITED WAY Donations withheld 12-22 payroll 27.12 2659 FEDERAL RESERVE BANK Taxes withheld 12-22 payroll 7,692.2692 2660 AWARDS, INC. Office supplies 2661 VOID CHECK 2662 ADVERTISER Employment ad-Community Services 8.10 2663 ACTION CARPET SERVICE Carpet cleaning-Liquor store 94.00 2664 FRED ANDERSON, INC. Paint and wallpaper-City Hall addition 860.24 2665 ACCUEASE SYSTEMS, INC. Supplies-Community Services dept. • 580.00 Gf January 2, 1979 12-28-78 2666 VOID CHECK 2667 TRANSPORT CLEARINGS Freight on cabinets-Park Planning dept. 47.08 2668 ALDY GRAPHIC SUPPLY Supplies-Park Planning dept. 7.00 2669 ALAN SIGNS, INC. Advertising signs-Liquor store 46.28 2670 A&G DRAFTING SERVICE Supplies-Park Planning dept. 9.00 2671 AKINS FIRE EQUIPMENT Safety clothing and equipment-New Fire buildings 173.30 2672 ADVANCE AMBULANCE Blankets-Fire dept. 85.00 2673 A&H WELDING Equipment parts 27.96 2674 ASTLEFORD EQUIPMENT Equipment parts 69.00 2675 BUSINESS FURNITURE, INC. Chair mats-Public Safety dept. 72.00 2676 BLOOMINGTON LOCKSMITH Keys-Public Safety and Water dept. 39.29 . 2677 BATTERY & TIRE WAREHOUSE Equipment parts 4.38 2678 COMPUTER ELECTION SYSTEMS Election supplies 224 2679 CITY OF EDINA Water samples-Water dept. 75.50 2680 CASH REGISTER SALES Maintenance-Liquor store 290.00 2681 CORNELL UNIVERSITY PRESS Book-Tree Disease dept. 39.88 2682 CAPITOL RUBBER STAMP CO. Notary stamp-Joyce Provo 8.32 2683 CRONSTROM'S HEATING Overpayment on license 10.00 2684 GOPHER STATE OIL CO. Antifreeze-City garage 140.95 2685 CURTIN MATHESON Supplies-Building dept. 22.70 2686 CLUTCH & U-JOINT Equipment repairs 17.73 2687 COPY EQUIPMENT, INC. Supplies for Engineering $5; File s cabinet for Park Planning $809 814.70 2688 CUTLER-MAGNER CO'. Lime-Water dept. 194.42 2689 CHANHASSEN LAWN & SPORTS Equipment parts for City garage and Tree Disease dept. 109.68 2690 DAY-TIMERS Supplies-Community Services Adm. 35.93 2691 DOYLE LOCK CO. Supplies-Public Safety dept. 20.00 2692 EDEN PRAIRIE SCHOOLS Transportation-Community Services . programs 1,191.00 2693 EDEN PRAIRIE GROCERY Supplies-Coneaunity Services 1.45 2694 EDEN PRAIRIE SANITATION November services 22.50 ' 2695 EDEN PRAIRIE SCHOOL Gasoline 1,302.44 2696 ELECTRIC SERVICE CO. Maintenance on Civil Defense truck-. 185.00 2697 EDEN PRAIRIE STABLES Riding instructions-Community Services 165.00 2698 EDEN PRAIRIE NEWS Ads 123:60 2699 VOID CHECK 2700 FUTURE PUBLICATION Community services program ads 95.69 2701 MRS. LYNN FORSTER Election services 6.75 2702 FORESTRY SUPPLIERS Paint-Tree Disease dept. 20.84 2703 FIRE SAFETY & COMMUNICATIONS Fire pumps-Fire bond 479.27 2704 FEED-RITE CONTROLS Chemicals-Water dept. 720.80 2705 FRONTIER LUBBER Materials 418.84 2706 G. L. CONTRACTING Repair to water service 114.66 2707 AKE GUSTAFSON Paperhanging services-City Hall 425.66 2708 GRANT BATTERY SALES Batteries 119.16 . 2709 GENERAL COMMUNICATIONS Radio repairs-Fire dept. 68.30. 2710 GROSS INDUSTRIAL SERVICES Supplies-Liquor store 4.31 t2 . • . -L January 2, 1978 12-28-78 2711 GUNNAR ELECTRIC CO. Electric services-Park Dept. 390.24 2712 GUY'S AUTO SUPPLY Equipment parts 117.83 7.83 2713 GEBERT FLOOR COVERING Paint-City Hall 2714 GENERAL OFFICE PRODUCTS Table-City Hall addition 132.73 2715 W. W. GRAINGER, INC. Fan-City Hall addition 253.80 2716 HENNEPIN COUNTY Labels-Assessing dept. 2717 HOPKINS PARTS CO. Equipment parts 8.81 2718 HOPKINS DODGE SALES Equipment repairs 23.55 2719 HOPKINS PLBG. & HTG. Repair service-Water dept. 97.75 • 2720 HOPKINS RADIATOR SERVICE. Repair service 00 2721 HENNEPIN COUNTY Supplies 518.38 2722 ITASCA EQUIPMENT CO. Equipment parts 181.50 2723 JAMES JENSEN Mileage-Park Planning dept. 15.45 2724 ELIZABETH JOHNSON December services 268.38 2725 GEORGIA JENSEN Services 85.75 2726 RUSS JOHNSON CO. Flashers-Street Maint. & Engineering 473.30 2727 DAVID KASHENINA Refund-Community Services dept. 223.00 2728 K. C. AUTO BODY Equipment repairs 4.00 2729 KOKESH Safety clothing for Fire dept. $1,032; and Community Services supplies $6 1,037.90 2730 ROBERT LAMBERT December expenses 100.00 2731 JAN LUOMA Election services 16.77t5 2732 LEAGUE OF WOMEN VOTERS Election services 2733 LUND PAINT CENTER Carpet installation-City Hall addition 961.85 2734 LAKELAND ENVELOPE CO. Envelopes-Assessing dept. 128.87 2735 LEEF BROS., INC. Service 118.45 2736 HAYVIEW RADIO Maintenance check on sirens 45.00 2737 JEAN MUNDT Election services 6.75 2738 CAROLYN MCNULTY Election services • 2739 MINNESOTA VALLEY 3.75 ELECTRIC Services 2740 MINNESOTA RECREATION & PARK ASSN. Rule books-Community services 3.00 2741 MUNICIPAL AND PRIVATE SERVICE, INC. November services-Animal Patrol \ 698.5095 2742 MINNEAPOLIS STAR Employment ads 9 2743 METROPOLITAN FIRE EQUIPMENT Fire extingusher inspection-Water dept.' 25.00 2744 MINNESOTA FIRE, INC. Fire Hose-Fire bond 2,848.00 2745 METROPOLITAN FIRE EQUIPMENT Fire extingusher inspection-City Hall 12.50 2746 MINNEAPOLIS OXYGEN CO. Supplies-City garage 61.32 2747 MID-CENTRAL FIRE Equipment-Fire bond 1,052.17 2748 MINNEGASCO Services 1,719.05 2749 MODERN TIRE CO. Tires and repair service 321.07 2750 METRO PRINTING, INC. Brochures-Community services dept. 418.00 2751 NATIONAL FIRE . PROTECTION ASSN. Book-Building dept. 9.90 2752 NORTHERN STATES POWER Services-Public Information 5.89 2753 NORTHERN AUTOMOTIVE CO. Equipment repair service 185.,78 2754 NORTHWESTERN BELL Services 2,895.89 2755 NORTHERN STATES POWER Services 2,943.43 65 • January 2, 1978 12-28-78 2756 BARBARA OLSON Refund-Community services dept. 165.7815.00 2757 PHOTO MILL Film-Assessing dept. 2758 PRAIRIE LAWN & GARDEN Supplies-City garage and Park Maint. 111.80 2759 PEPSI-COLA CO. Pop for machines 6.00 2760 R. C. PRINTING CO. Liquor ID cards 6.75 2761 MRS. SARLES Election services 2762 SUBURBAN HENNEPIN COUNTY VO-TECH Equipment repair service 199.33 2763 STATE OF MINNESOTA Inspection service-Water dept. 42.00 2764 SEARS ROEBUCK Equipment-Park Maint. 247.80 2765 SUN NEWSPAPERS Employment ad-Park dept. 12.00 2766 SUPER AMERICA Gasoline 14.50 2767 SUBURBAN AUTO ELECTRIC Repair service 5256.32 2768 SATELLITE INDUSTRIES Portable restrooms 2769 TRI-STATE TREE SERVICE Truck rental-Tree Disease 693.00 2770 THOMPSON PLUMBING Repair service-Water dept. 396.85 2771 JACKIE TORNOE Election services 2772 TWIN CITY LINDSAY Repair service-Park dept. house 122.50 ir .2773 TITLE INS. Refund overpayment on special assessment 104.60 2774 TWIN CITY PRICING Label gun-Liquor store 41.50 2775 VALLEY EQUIPMENT CO. Equipment parts 9.90 2776 VAN WATERS & ROGERS Chlorine-Water dept. 250.00 11 2777 JIM WALTER PAPERS Office supplies 514.00 2778 WATER PRODUCTS CO. Meters and supplies-Drainage control and Water dept. 5,831.30 2779 ::ALDOR PUMP Pump repair-Water dept. 57.50 2780 ZECO, INC. Flashers-Park Maint. dept. 375.75 2781 ZIEGLER, INC. Repair service and parts 2782 XEROX CORPORATION Service and office supplies 1,317.001 2783 MINNESOTA STATE TREAS. Snowmobile safety training 2784 HAL UELDIN Mileage-Community services dept. 20.63 2785 PENNY'S SUPERMARKET Supplies-Park and Rec. dept. 4.96 2786 JEAN JOHNSON Mileage-Planning dept. 10.007 2787 JERRY PRODOEHL Drivers licenses 01-02-79 2788 WES DUNSMORE Membership for Minn. Park Supervisors Assn. 10.00 2789 INTERNATION ASSN. OF 0 ASSESSING OFFICERS Dues-Robert Martz 10.00 CTS BUSINESS MACHINES Calculator-Public Safety dept. 175.12f10 2 2791 ROGER ULSTAD January expenses 100.00 2792 INTERNATIONAL UNION OF 176.00 OPERATING ENGRS. January dues 2793 SYSTEMS 3, INC. Recorders-Public Safety dept. 868.00 2794 DIANNE HANSON Mileage-General services dept. 12.00 2795 DEPT OF NATURAL RESOURCES Field inspection fee-Engineering dept. 25.00 2796 JOHN FRAME January expenses 109.75 2797 FINANCE AND COMMERCE Subscription-Assessing dept. 48.00 2798 LEAGUE OF MINNESOTA 1,560.00 CITIES Dues TOTAL 144,767.18.