HomeMy WebLinkAboutCity Council - 07/11/1972MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, July 11, 1972 7130 P.M., Village Hall
Members present were: Mayor Paul R. Reath, Councilmen Nesbitt,
McCulloch and Councilwoman Meyers. Also present was Village Manager
George C. Hite, Village Attorney Harlan Perbix and Clerk Edna Molnigren.
I. MINUTES OF JUNE 13 AND 27. 1972
A motion was made by Mr. Nesbitt to approve the June 13th minutes as
written. Mrs. Meyers seconded. All voted aye. Motion carried.
A motion was made by Mrs. Meyers to approve the June 27th minutes with
the following correction and addition:
E. St. John's Mood Page 1s, Paragraph 2. Mrs. Meyers questioned the
impact of lower project density; that there was no pool in the
original plans and the inclusion of a swimming pool on the cost
per unit. Mr. Gustafson stated, etc.
E. License Application List Dated June 27th, Page 5.
Plumbing & Sewer Licenses
J. McClure Kelly Co. - J. L. Kelly
With these corrections, Mr. McCulloch seconded. All voted aye. Motion
carried.
II. PUBLIC HEARINGS
A. Mitchell Heights Sanitary Sewer. Resolution No. 540.
The Manager presented and reviewed the proposal for Sub...Trunk Sanitary
Sewer in the Mitchell Height s area. The estimated cost of the project
is $248,733 for 1,273 units with a proposed assessable cost per unit
of $195.39.
The Manager stated that the project would serve three parcels, Shelter
Development, Parcel 4500 containing 515 units, Rocket Development, Parcel
5000 with 593 units and Hipp Construction, Parcels 3630 and 2800 with
165 units. He noted that the trunk watermain has been installed on
Mitchell Road to serve lateral extensions to the area. Mr. Harvey Coleman,
Shelter Developeent appeared to state that he was concerned about the
layout of the project in regard to location ag it gas across the property,
the method of assigning units and methods of/IilitliEnt. The Manager
informed Mr. Coleman the sewer could be located on or adjacent to the
parkway. He stated that he felt that the proposal was the least costly
design for the three properties. Mr. Coleman asked inquired as to the
two other petitions to improve Atherton Road extension of water. The
Manager replied that none will be reccomended until sewer is approved.
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Council Meeting
July 11, 1972
Page Two
Mr. Doug Johnson, New Town project stated that he was in favor of the
trunk sewer as proposed and was anxious to get started with their project.
Gil , Hipps Construction stated that he also was in favor
of the sewer project.
There being no further questions or comments, Mrs. Meyers made a motion
to close the hearing and adopt Resolution No. 540 authorizing Sub-Trunk
Sanitary Sewer in the Mitchell Heights area. Mr. Nesbitt seconded. All
voted aye. Motion carried.
B. Street Vacations.
I. Portions of Valley View Road. Resolution No. 541.
The Manager reviewed a petition for vacation of portions of Valley View
Road by the Eden Land Corp. where the road will be relocated in Edanvale
2nd Addition. Temporary easements have been sent to the Village on these
portions of the road and the new roadway right of way will be dedicated
to the Village when the plat is filed.
A Notion was made by Mr. Nesbitt to close the hearing and adopt Resolution
No. 541 authorizing the vacation of portions of Valley View Road with the
stipulation that the new right of way will be dedicated to the Vil loge
when the plat is filed. Mr. McCulloch seconded. All voted aye. Motion
carried.
2. Portions of Bluff Road. Resolution No. 542.
The Manager reviewed a petition for vacation of portions of Bluff Road
by Wallace Busted in aximaklouumaxelbtaltialisedvilbseliksidlawskapment. llasninse
afsammenzesxmixkaticksxlisekxtxxkeliduudIludixkionsauttagmaxicstingxxitiplibmil
we in conjunction with the platting of Creak Knolls.
A notion was made by Mr. Nesbitt to close the hearing and adopt Resolution
No. 542 authorizing the vacation of portions of Bluff Road. Mrs. Meyers
seconded. All voted aye. Motion carried.
3. Portion of Canterbury Lane. Resolution No. 543
The Manager reviewed a petition by Eden Land Corp. and Richard Kiwi son
to vacate the north 20 feet of Canterbury Lane extending just north of
the Havi son driveway. Mr. Putnam, Planning Asst. stated that the land
just north of the Mavison property is not zoned and the aster feels that
it is radioing the access by this vacation. The Manager replied that
access could be to County Road 67 on the north and that the property
is not likely to be zoned for residential use as it is situated next
to industrial property and the railroad.„Ile suggested that the Council
might authorize with consideration that/the land to the north is zoned
residential, then the road could be opened. Mr. Navison noted that the
neighbors were concerned about a road extension to Birch Island if not
vacated. A real estate firm representative was concerned that there
was no pattern of roads in Iha area and felt that the Village should
wait with the vacation until the 33 acres to the north are need,
Council Meeting
July 11, 1972
Page Three
Mayor Redpath stated that he felt the Council needed time to work with
the staff on this matter as there is no road there now. The Manager
replied that maxisapsxklumwtelakan Shammusmai the use of the land to the
north of the road should be resolved,
A motion was made by Mr. liesbi tt to continue the hearing until the
July 25th Council meeting. Mrs. Meyers seconded. All voted aye. Motion
carried.
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III. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Condon Name's, Comment on Liquor License Application.
Mr. Bob Naegele, Jr. appeared to aspl ify on their request at the last
Council meeting for a liquor 1 ionise. He stated that they had planned
a restaurant much like Lord Fletchers on their property on Highway 169
and 494. Caplotion date is set from 16 to 18 months with a $670,000
building cost.
The Mayor stated that the Village did not have an ordinance and the
Council must set tie criteria first. The Manager noted that this was
the first appl ication of this type of operation and that the Council
must first adopt an ordinance. He suggested that this matter be placed
on the next Council work session agenda.
B. Creek Knolls Addition. Final Plat Approval. Resolution No. 537.
The Manager reviewed and recommended Final Plot approval for Creek Knolls
with the following condition's the roads are constructed or a developer's
agreement, a scenic easement- Outlet A as identified in the Preliminary
Plat and easement presented to the Village at the time of platting and
Outlot A in writing identifying the dedicated area of a minimum of 100
feet on each side.
A motion was made by Mr. Nesbitt to adopt Resolution No. 537 authorizing
Final Plat approval of Creek Knolls Addition when the appropriate
documents have been drawn and signed before platting. Mr. McCulloch
seconded. All voted aye. Mot i on corn 1 ed.
IV. RECOMMENDATIONS AND REPORTS
A. Proposed Ordinance Reoulating Operation of Motorcycles, Mini.
Bikes, and All Terrain Vehicles. Ordinance No. 175. Second
Reading.
inued from the pas
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Council Meeting
July 11, 1972
Page Four
Ordinance No. 175 (--cont+nusd)--
--e ,_
B. Brauer & Associates. Engineering Agreements for Redrock & Baker
Road Area Public Improvement Projects.
A motion was made by Mr. Nesbitt to authorize the Mayor and Manager
to sign Engineering Agreements for Redrock & Baker Road Area Public
Improvement Projects. Mrs. Meyers seconded. All voted aye. Motion
carried.
C. Proposed Ordinance Amendino Traffic Ordinance. Ordinances No. 171
and No. 174. First Reeding.
A motion was made by Mr. Nesbitt to adopt the first reading of Ordinances
No. 173 and No. 174. Mr. McCulloch seconded. All voted aye. Motion
carried.
0. Proposed Southwest Suburban CATV Study Commission. Resolution No. 538.
A motion was mode by Mrs. Meyers to adopt Resolution No. 538 authorizing
the Mayor and Manager to sign a Joint and Cooperative Agreement for a
Southwest Suburban CATV Study Commission to cost $2,000 annually as needed
but not to exceed $2,000. Mr. McCulloch seconded. On roll call, all
voted aye. Motion carried.
Two appointments will be made at the next Council meeting on July 25th.
E. Designation of Acting Village Manager.
Amentanmeasselawbpsdboodielhdkaudi Upon the Manager's recommendation
a motion was made by Mr. McCulloch to appoint John From, Finance Director
as Acting Village Manager. Mrs. Meyers seconded. All voted aye. Motion
carried.
F. Acceptance of $89.370 Federal Grant for Waste Meter.
A motion was made by Mrs. Meyers to accept the Federal Grant for the
Waste Water Treatment Plant in the mount of $89,370. Mr. McCulloch
seconded. All voted aye. Motion carried.
Council Meeting
July 11, 1972
Page Five
G. Proposed Ordinance Regulating the Moving of Buildings. Ordinance No.
176. First Reading.
A motion was made by Mrs. Meyers to adopt the first reading of Ordinance
No. 176. Mr. McCulloch seconded. Al l voted aye. Motion carried.
V. FINANCES
A. Audit of Claims 10479 through 10631.
A motion was mode by Mrs. Meyers to approve claims 10479 through 10631
for payment. Mr. McCulloch seconded. On roll call, all voted aye.
Mot ion carried.
B. Cash & Investment Resort Dated July 11, 1972.
A motion was made by Mrs. Meyers to accept the Cash & Investment Report
dated July 11th. Mr. McCulloch seconded. All voted aye. Motion carried.
AGENDA ADDITIONS
1. Don Hommel. Bury-Carlson. Mining License 6. Permit. County Road
67 Between Bake. Road & Railroad.
Don Rippel, representing Bury-Carlson reviewed the application for a
mining license and permit to operate a pit on the east half of the
Peters property in Section 3. The Peters how on 3 or 4 acres is
proposed as an exemption to the 20 acre parcel. Mrs. Peters has acknowledged
her approval. No change is proposed on 3.3 acres on the east side of
the property. The Manager noted that this area protects the Village
interest and gives the owner use of the property and provides a green
area and a break between the St. John's Mood and industrial area.
Upon the Manager's recomendation asqamimuLtamixttegmue a motion was made
by Mrs. Meyers to grant a permit and license for the Bury-Carlson pit.
Mr. McCulloch seconded. All voted aye. Motion carried.
IfHpn floouull ••tuifshhigg geopseLAILOois and the time
scheciu"le would be from 3 to 5 years depending on the need for materiel.
2. Parkland Purchase. Staring Lake. Taking of Option to Purchase the
Don Paurus Property.
The Mane sr reviered and recommended taking an option En_tha-emomost-of
$1, " on the Don Paurus property at Staring Lake
for park purposes. It is located in the northwest area of Staring Lake
Council Meeting
July 11, 1972
Page Six
on 1.1 acre of lakeshore property with 325 feet of frontage on
Staring Lice including a house and a small horse barn.
The opt ion price is $1,000 and will wend until October 1, 1972
at which time the rosining $42,000 of the total purchase price
of S1.3,000 will be ex in cash. The Village will assist Mr. Paurus
in renting his house, he will receive the rent pay:mots until the
thee of closing after which all rent payments will be mode to the
Vi 1 1 age.
on the Mmager's recommendation a motion was ode by Mrs. Meyers
to take an option in the amount of $1,000 en the he Paurus jareperty.
Mr. McCulloch seconded. On roll call, all voted aye. Motto carried.
Meeting adjourned at 11:00 p.m.
Edna M. Holegren, Clerk
AGENDA
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, Jul y 11, I Y72
7:30 P.M., Village Hall
INVOCATION - PLEDGE OF ALLEGIANCE - ROLL CALL
COUNCIL MEMBERS: Mayor Paul Redpath, Ralph Nesbitt, John McCulloch,
Joan Meyers and John Cosmano.
COUNCIL STAFF: Village Manager, George C. Hite; Attorney, liarlan
/r'erbixV1 erk, Edna liolmgren.
I. MINUTES OF JUNE 13 AND 27, 1972.
II. PUBLIC HEARIAGS
Mitchell Heights Sanitary Sewer. Lai 54)
B. Street Vacations.
V1T Portions of Valley s. View Road. ies4 541 -
4., Portion of Bluff Road. TTè
11. Portion of Canterbury Lane.
III. P,ETITIONS, REQUESTS AND COMMUNICATIONS
\A y Condon Naegele. Cement on Liquor License Application.
V. Creek Knolls Addition. Final Plat Approval. ( Resolution No. 537.''
IV. RE,GOMMENDATIONS AND REPORTS
K. Proposed Ordinance Regulating Operation of Motorcycles, Mini-
Bikes, and All Terrain Vehicles. Ordinance No. 175. Second
0/./ BRer aaudeinr g
'and Associates. Engineering Agreements for Redrock & Baker
Road Area Publ ic Inprovement P rojects.
nV Proposed Ordinance Amending = Ordinance. Ordinances No. 173
/ and No. 17 1h 444KA—Rording.
4. Proposed Southwest Suburban CATV Study Comn 6.3(
E./ Designation of Acting Village Manager.
tr. Acceptance of $89,370 Federal Grant for qaste Neter.
‘G< Proposed Ordinance Re ulatina the Moving of Buildings. No. 176.
V. UNANCES
Audit of Claims 10479 through 10631.
B. Cash & Investment Report Dated July II, 1972.
PROPOSED /AGENDA ADDITIONS
/. Don Rippli. Bury-Carlson. Mining License & Permit. County Road
6 7 Between Baker Road &Railroad.
2. Parkland Purchase. Staring Lake. Taking of Option to Purchase the
Don Paurus Property.
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MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, June 27, 1972
7:30 P.M. Village Hall
Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt,
Cosmano and McCulloch and Councilwoman Meyers. Also present was
Village Manager George C. Hite, Village Attorney Harlan Perbix and
Clerk Edna M. Holmgren.
MINUTES OF MAY 23, 30 AND JUNE 13, 1972
A motion was made by Mr. Nesbitt to approve the minutes of May 23rd with
the following correction:
2. Alvin Holasek Property. Bryant Lake. Taking of Option.
Page Five, Paragraph 3. Marty Jessen, Park Director stated that
if the option on Alvin Holasek's property were taken there would
be no supervised swimming at the beach, etc.
With this correction, Mrs. Meyers seconded. All voted aye. Motion
carried.
A motion was made by Mrs. Meyers to approve the minutes of May 30th
with the following correction:
A. Hipps Townhouse Development - Edenvale.
Page 1, barograph 2., Last Sentence. Mr. McCulloch inquired as to
the Valley View Road schedule of upgrading and the Mara ger stated
that for the present time he felt that it was adequate to take care
of this project but that upgrading would be needed within two or
three years and would depend on the availability of State Aid funds.
With this correction, Mr. Nesbitt seconded. All voted aye. Motion
carried.
Approval of the June 13th minutes was carried over to the July 11th
agenda.
PUBLIC HEARINGS
A. Forest Knolls (Portion). Lateral Sanitary Sewer and 'ttermain.
Resolution No. 532.
The Manager presented and reviewed the proposal for lateral sewer and
water in a portion of the Forest Knolls area. He stated that the project
could be accomplished through a change order to the contract for
utilities now under way in the area. The estimated cost of the Lateral
Sewer Project is $100,100 for 44 R.E.C.'s with proposed estimated
assessable cost per vacant lot of $2,275 and $1,706.25 per developed
lot. The estimated cost of Lateral Water Project is $26,000 for 36
R.E.C.'s with proposed estimated assessable cost per vacant lot of
$722.22 and $541.67 per developed lot.
Council Meeting
June 27, 1972
Page Two
The Manager reported that signed petitions had been received from 22
of the 36 property owners on Rosemary Road, Theresa Place, Charles Ave.
and Mariann Drive. None of the 8 Holly Road owners had presented
petitions on the proposal. James Osborn, Theresa Place stated that he
understood that it took a petition signed by 50% of the property owners
on a street to open a hearing for utilities; only two on Theresa Place
signed the petition. The Manager stated that there was no minimum
percentage required and that sane property owners wanted the hearing
reopened. Mr. Osborn said that he wanted to go on record that he was
against the project, could not justify the cost and felt that his area
did not need the work done at this time.
The Mayor stated that he felt that the utility work should not be done
street by street or house by house as the cost would be prohibitive.
James Potter and James Benson, Theresa Place felt that because of the
terrain there was need for utilities at times when excess water from
rain causes a problem. Mrs. Renier, Holly Road stated that she wanted
the utilities installed. Gerald Pearson, Rosemary Road stated that he
was against the installation as his home i s only 3 years old. He then
asked the condition of water in the system before the treatment plant
is in operation; the Manager stated that i t would be approximately 15
grains hardness and 3 tenths iron content, much 1 i ke conditions now
existing in most homes. The treatment plant will begin operation in the
fall of 1973. Leonard Springer, Holly Road questioned the justification
for water installation on Holly Road and the Manager replied that it was
a part of the trunk system serving the entire forest Knolls, Kings
Forest area.
There being no further comments or questions the Mayor closed the hearing.
Mrs. Meyers made a motion to adopt Resolution No. 532 authorizing the
proposed Forest Knolls Lateral Sewer and Watermain. Mr. Cosmano
seconded. On roll call, Messrs Reath, Cosmano, Nesbitt and Mrs.
Meyers voted aye. Mr. McCulloch voted no. Motion carried.
B. Westgate (East) Area. Lateral Sanitary Sewer and Watermain.
Resolution No. 518.
The Manager reviewed and recommended the proposal for Lateral Sewer and
Water in a portion of Westgate continuing the Hearing of May 23rd. He
stated that the pipe could be extended from the Westgate Addition to
include two properties, Plat 56709, Parcel s 3230 and 3265 facing High-
way 5. The estimated cost would be 64,300 for the two parcels, approx-
imately 1 acre and two acres in size. He also recommended that the
assessment period not exceed 10 years. No one appeared in response to
the Hearing Notice.
A motion was made by Mr. Nesbitt to close the hearing and adopt Resolut-
ion No. 518 authorizing Lateral Sewer and Water Improvements in Westgate
(East) and Lateral Sewer in Plat 56709, Parcels 3230 and 3265. Mr.
McCulloch seconded. All voted eye. Motion carried.
Council Meeting
June 27, 1972
Page Three
C. Shelter Development Corp. Request for RM 2.5 Zoning. Edenval e.
ilriarhill FHA 236 Proposal. Ordinance No. 177.
The Manager reviewed the Briarhill FHA 236 proposal and noted that
it had been considered by several of the Advisory Commissions.
Don Peterson, Edenvale reviewed and located the project ; the northwest
area of Edenvale, 1/2 mile north of Valley View Road and noted that it
would be an apartment rental project. Jay Van Dyke from Miller, Melby
and Hanson, Architects, Mike Carroll and Dick Bienapfl, Shelter Develop-
ment Corporation presented a series of illustrations of the multi level
project containing 1, 2 and 3 bedroom units. The exterior would be of
wood construction. Play areas, greenways and parking would be provided.
Some 1 bedroom units on the main floor would be included for the elderly
and/or handicapped.
The project is proposed on a FHA Section 236 facility with the following
adjusted tenant incomes: $4,590 for 1 person, S6,345 for 2, $7,425 for
3, $7,830 for 4, $8,370 for 5 and $8,910 for 6 with a $300 per child
deduct. Proposed rents would be $114 for a 1 bedroom unit with a maximum
of $132, $145 for a 2 bedroom with a maximm of $163 and $180 for a 3
bedroom with a maximum of $186.
The Manager stated that he fully supported the proposal. lie said project
scale and location were good and site design were well handled. He
questioned the state law regarding taxation of the project. The potent-
ial 5% tax of full and true value rather than the 20% which is normal for
subsidized projects has to be solved and recommended that the Village
obtain an Attorney General's opinion before approving the project.
Mrs. Meyers questioned the status of incorporating both market and rent
supplement units in the project, was there a need for the mix and what
was the Village prepared to do. Mr. Elienapfl said they had discussed
this matter with FHA and that market rate units might be possible if
combined with rent supplement. The Manager was asked to prepare a
resolution incorporating both market and rent supplement for C oun c il•:
consideration. Mrs. Meyers questioned about a resident manager and what
his duties would be. Mr. Carroll replied that there would be a manager
and identified what his duties would be.
Mr. McCulloch questioned the total cost and life of the project. Mr.
Dienapfl replied that the cost would be approximately $2,500,000 with
about $105,000 in annual subsidy, Shelter Development would be tied to
the project for 20 years.
Wolfgang Penzel, Iltanan Rights Commission then read a resolution that had
been adopted by the Commission urging the approval of the prdject.
A motion was made by Mr. Cosmano to adopt the first reading of Ordinance
No. 177. Mrs. Meyers seconded. Messrs Coven*, Redpath and Mrs. Meyers
voted aye. Mr. McCulloch and Mr. Nesbitt voted no. Motion denied.
Council Meet ing
June 27, 1972
Page Four
A motion was made by Mr. Nesbitt to continue the hearing to the July
25th Council meeting and request the staff to prepare a report on polic
y
for rent supplement and market rate. Mr. Cosmano seconded. All voted
aye. Motion carried.
D. E denva I e Third Addition. rel iminary P 1 at Approval.
Resolution No. 533.
The Manager reviewed and recommended approval of the "'reliminary Pla
t
of Edenvale Third Addition with the following items as stated in the
Eden Land Corporation letter dated June 21st:
I. The northerly 275 feet of Edenvale Boulevard will require right of
way acquisition varying -from zero to 60 feet in width from the
Chicago Northwestern Railway. In the event the necessary right of
way for Edenvale Boulevard cannot be acquired by the Village from
the railroad, Eden Land Corp. will dedicate sufficient right of
way out of outlot A to provide a full 70 foot public right of way
on Edenvale Blvd.
2. Eden Land Corp. agrees to field stake a green strip boundary at
t
h
e
time they request approval of development stage application for
Outlots I and J. Edge of tree line will be shown on these plans
in relation to the park boundary and park dedication will be com-
pleted upon filing of replats and Outlets I and J at development
stage time.
Mr. Nesbitt made a motion to adopt Resolution No. 533 authorizing P
r
e
-
liminary Plat Approval of Edenvale Third Addition as recommended by the
Planning Commission. Mr. McCulloch seconded. All voted aye. Moti
o
n
carried.
E. St. John's 'food. Preliminary Plat Approval, Resolution No. 534.
The Manager reviewed the request for Preliminary Plat Approval for S
t
.
John's Wood located in the northern third of the project. The area w
o
u
l
d
contain one street named St. Jo 's 0 lye.
0114-0(4.4.1-fr•--• Mrs. Meyers questioned A that h t ere i.'-(14 .no pool n the ori ina plans and
ai impact the construction would make on the cost per unit. Mr.-
Gustafson stated that they decided that there would be an area suitab
l
e
for the pool in later plans and that it would add from $175 to 3200 to the cost of each unit making a total estimated cost of $24,500 to
$28,500 per unit.
A motion was made by Mr. Nesbitt to adopt Resolution No. 534 authorizing
Preliminary Plat Approval of St. John's ifood as recommended by the
Planning Csnmission. Mrs. Meyers seconded. All voted aye. Motion
carried.
Council Meeting
June 27, 1972
Page Five
III. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Mr. Ed Peterson. Grant of Approximately 9 Acres of Parkland Along
Nine Mile Creek.
Mr. Ed Peterson appeared to indicate his intent to grant approximately
9 acres of parkland along Nine Mile Creek to the Village. The land is
located at Val ley View Road. He stated that he was dedicating this in
order to protect the area along the creek valley. The conditions of the
grant were that the Village would retain it in its wild state and that
the Village would acquire additional property at each end of the area.
The Mayor thanked Mr. Peterson for his gift on behalf of the Council
and the Village.
D. Robert 0. Naegele, Jr. Application for On-Sale Liquor License.
A motion was made by Mr. Nesbitt to accept the application for On-Sale
Liquor License by Robert 0. Naegele, Jr. and place on file. Mr.
McCull och seconded. All voted aye. Motion carried.
C. Eden Land Corporation. Request for Vacation of Portions of Valley
Vi ew Road. Hearing Date.
A motion was made by Mr. Cosmano to set a hearing date of July 11th for
a request for vacation of portions of Val ley View Road by Eden Land
Corp. Mr. Nesbitt seconded. All voted aye. Motion carried.
D. Richard Mavison & Eden Land Corp. Request for Vacation of a Portion
6f Canterbury Lane: Hearidg Date.
A motion was made by Mr. Cosmano to set a hearing date of July 11th for
a request for vacation of a portion of Canterbury Lane by Richard Mavison
and Eden Land Corp. Mr. Nesbitt seconded. All voted aye. Motion
carried.
E. License Application List Dated June 27, 1972.
A motion was made by Mr. Nesbitt to approve the application list dated
June 27th as recawnended by the Manager as follows:
I"- 4."
SET-UP LICENSES GAS FITTER INSTALLATION
Dutch's Resort - Harold Schaitberger Niel sen Gas Heat-Stanley N. Nielsen
Edenvale Golf Club - William J. Sime, •
Jr.
PLUMBING & SEltER SEWER
Bob's Plumbing & Htg.-Robert Kreatz Lon 8. Anderson
Spring Plumbing, Inc.-Marbert %Heintz
Mr. Cosmano seconded. All voted aye. Mot ion carried.
1
Council Meet ing
June 27, 1972
Page Six
F. llest Suburban Teen Clinic. Request for Resolution of Support.
Resolution No. 530.
A motion was made by Mrs. Meyers to adopt Resolut ion No. 530 supporting
the liest Suburban Teen Clinic. Mr. Nesbitt seconded. All voted aye.
Motion carried.
IV. RECOMMENDATIONS AND REPORTS
A. Parkland Purchases. Bryant Lake. Taking of Options on Alvin Holasek
& Ward Ilolasek "roperties.
The Manager reviewed and recommended taking options to purchase property
at Bryant Lake for park purposes. The property is located north of
Bryant Lake and west of Rowland Road. It contains 35+ acres of hilly
wooded land along Nine-Mile Creek to the northern boundary of Eden
r'rairie, including the house, farm buildings and riding arena. The
recomnended purchase price for the Alvin Holasek property is $110,000
with option money of $1,000 and $310,000 for the Ward Holasek property
with option of $1,000. The options*wadld -expire on December 15, 1972.
A motion was made by Mr. Cosmano to take the recommended options on the
Alvin Holasek and Ward Holasek properties. Mrs. Meyers seconded. On
roll call, all voted aye. Motion carried.
B. Proposed Ordinance Regulating Operation of Motorcycles, Mini Bikes
and All Terrain Vehicles. Ordinance No. Or. Second Reading.
The liamger reviewed and recorrrnended that no action be taken on Ordinance
No. kg at this meeting. He noted the Jul y Newsletter to homeowners in
Eden Prairie stated that the Council had the ordinance under considerat-
ion. The Manager reported that changes had been suggested by the
Sheriff's Department in Sections 3 and 8 and that they should be consid-
ered before the second reading was approved.
Mrs. Renier, holly Road appeared to question why the children could not
ride mini bikes in the park at Forest Knol is as the park has not been
developed. She felt it was more dangerous for them to be in the streets
than in the park.
Mrs. O'Ryan, Park Commission member stated that there was no development
In the park other than the hockey rink because of utility construction.
She further stated that she would urge the Council to pass the ordinance
for the safety of the children and protect ion of the parks.
Richard Eisch, Manchester Lane stated that his children do play in the
park and have been close to being hit by the bikes on several occasions.
He then questioned the Village Attorney what responsibility the Village
has for accidents. Mr. Perbix said he doubted if the Village would have
any liability.
Council Meet ing
June 27, 1972
Page Seven
Mr. Renier, Holly Road asked for an area that the children could ride in
i f the school-park site is not the place for them. He felt that there
should be mini bike trails provided through areas for them to get from
place to place without using the streets.
ililliam Garens, Park Commission member stated that he felt that other
people than bike riders have rights too and that he felt that the
school-park site was not the place for them.
Mrs. Meyers asked how the ordinance was to be enforced. The Manager
said that it was as difficult as the snowmobile ordinance to enforce
but that the Village needed sane method of controlling the problem.
There being no further questions or comments, Mrs. Meyers made a motion
to continue the reading of Ordinance No. 175 until the July 11th meeting.
Mr. Cosmano seconded. All voted aye. Motion carried.
C. Horkman's Compensation Insurance. Award of Policy.
The Manager reported that there had been six proposals received for
' lorlcman s Compensation insurance. lie recommended that Allied Mutual,
Roger Hennessy Agency be awarded the pol i cy.
A motion was made by Mrs. Meyers to award the Workman's Convensation
insurance policy to Allied Mutual at a premium of approximately $3,400
for the period June 1, 1972 to June 1, 1973. Mr. Cosmano seconded.
On roll call, all voted aye. Motion carried.
O. Savaryn and Bergin Condemnations. Appeal of Awards.
Upon the Manager's and Village Attorney's recommendation a motion was
made by Mr. McCulloch to appeal the award of the Savaryn and Bergin
condemnations. Mrs. Meyers seconded. Al I voted aye. Motion carried.
V . APPOINTMENTS
A. South Hennepin Human Services Planning Board. Appointments by
Council of Four Board Members. Two Terms to Expire January, 1973
and Two in January, 1974,
A motion was made by Mr. Nesbitt to appoint the Village Manager and
Councilwoman Joan Meyers for a 2 year term to the South Hennepin Human
Services Planning Board and the Village Health Officer, Dr. Benjamin
Oofenkamp for a one year term. The remaining appointment is to be made
at a later date. Mr. Cosmano seconded. All voted aye. Motion carried.
AGENDA ADDITIONS
1. Hennepin County Library Lease. Round Lake. Resolution No. 531.
The Manager recommended signing the lease for the 1/2 acre area at the
north end of Village property at Round Lake for library facilities.
Hennepin County would be requested to install caution lights with
flashers at the entrance on County Road 4.
Council Meeting
June 27, 1972
Page Eight
A motion was made by Mrs. Meyers to adopt Resolution No. 531 authorizing
the Mayor and Manager to sign a 5 year lease with Hennepin County for a
library site at Round Lake. Mr. Nesbitt seconded. All voted aye.
Motion carried.
2. 'lel lace Hustad. Request for Vacation of a Portion of Bluff Road.
Hearing Date.
A motion was made by Mr. Cosmano to set a hearing Jate of July 11th
for the request for vacation of a portion of Bluff Road by i/allace
{lusted. Mr. Reath seconded. All voted aye. Motion carried.
3. Mr. Calvin A. Anderson. Request for Permission to Fill Portions of
Purgatory Marsh and Shoreline of Rosemount Pond. Canplaint Regarding
Soil Erosion.
Calvin Anderson appeared requesting the Village's assistance in resolving
a dispute with the Riley-Purgatory Creek Hatershed District. The District
contends that no appropriate government agency had authorized him to
place fill on his property just south of S.T.H. No. 5 in the NE1/4 of
Section 15. The Village Council granted him permission to move fill up
to 27,000 yards onto his property at the August II, 1970 meeting. A
certified copy of the minutes will be sent to the I/atershed District by
the Village Clerk.
Mr. Anderson requested help in resolving a problem regarding an adjustment
in the channel of Purgatory Creek immediately south of Trunk Highway 5.
Ile stated that he believed the installation of the Purgatory Interceptor
had resulted in an artificial channel adjustment which he would like to
have corrected. He was advised by the Council that this was under the
jurisdiction of the Vatershed District and that the pipe was installed
under contracts awarded by the former SSSD and that contracts and
constructed facilities are now the responsibility of the Metro Sewer
Board. The Manager was requested by the Council to write to the Riley
Purgatory Hatershed District and the Metropol i tan Sewer Board in regard
to thi s matter.
Mr. Anderson then requested that the Council grant him permission to
fill a part of his land which is located around a pond in the NE1/4 of
Section 14. He stated that he was making application to the Minnesota
Department of Natural Resources for the estal?lishment of a normal high-
water level for the pond so that the limits of that area which may be
filled are established. Ile further stated that adjoining property owners,
Rosemount Engineering had recently been overfilling the pond with their
airconditioning water, Ile was advised that no Village permits were
required for filling providing the area to be filled is not within flood.
plains.
Meeting adjourned at 12:00 A.M.
Edna N. Holmgren, Clerk
PROPOSED METHOD OF SUB-TRUNK ASSESSMENT:
ALLOCATION: Section 15, Parcel 4500 @ 515 units
Section 15, Parcel 5000 @ 593 ur,its
Section 16 combined parcels 3630, 2800 @ 165 units
TOTAL ESTIMATED NO. RESIDENTIAL UNITS: 1273
ESTIMATED COST PER UNIT: $195.39
-V
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ii • , / / , , , ,.. ,., _,..,./Ap///,,.;1„, , - /
-neorg A.'rarnsw-ort'h, .r.
)1 •••.'"•...,•
Vil lage
ESTIMATE OF COST
VILLAGE OF EDEN PRAIRIE, MINNESOTA
SUB-TRUNK SANITARY SEWER
IMPROVEMENT NO. SAN 72-1-13
MITCHELL HEIGHTS
LOCATION: North 1/2 of the South 1/2 Section 15, Township 116,
Range 22 and the Northeast 1/4 of the East 1/2 of
the South 1/2 Section 16, Township 116, Range 22.
HEARING DATE: July 11, 1972
TOTAL ESTIMATED PROJECT COST: $248,733.00
(Incl. const. cost, easement cost, engr. & admin. fees & capitalized
interest)
APPROVED BY:
MITCHELL HEIGHTS
SUB-TRUNK SANITARY SEWER
IMPROVEMENT NO.
LOCATION OF IMPROVEMENT
Sub-trunk begins at Manhole #17 located approximately 3,200 feet
South of T.H. 5 on the existing 78" interceptor sewer; then
Westerly through the North half of the South half of Section 15
approximately 1 ,400 feet; thence Northwesterly approxi mately
1,300 feet and Westerly approximately 1 ,000 feet to the centerline
of Mitchell Road; thence South down the centerline of Mitchel 1
Road approximately 350 feet; thence Westerly approximately 900
feet to the approximate center of the South line of the Hipp
property.
The improvement also includes a line beginning at a point on the
sub-trunk approximately 80 feet West of the centerline of Mitchell
Road, thence South parallel to the centerline of Mitchell Road
approximately 360 feet thence Easterly down the centerline of the
proposed Atherton Road approximately 300 feet.
$16.00
26.00
27.00
28.00
29.00
20.00
25.00
27.00
29,00
30.00
32.00
33.00
36.00
38.00
500.00
35.00
1,000.00
$10, 800.00
8,060.00
9, 450.00
2, 800.00
2, 900.00
13, 000.00
22, 125.00
19,440.00
19, 140.00
6 .000,00
800.00
6,600.00
16,020.00
5,890.00
5,000.00
1 .050.00
1 .000.00
10-12'
12-1 4 '
14-16'
16-18'
18-20'
20-25'
25-30'
depth
depth .
depth
depth
depth
depth
depth
SUB-TRUNK SANITARY SEWER
MITCHELL HEIGHTS
IMPROVEMENT NO.
ESTIMATED QUANTITIES MATERIAL
680 L. F.
310 L. F.
350 L. F.
100 L. F.
100 L. F.
650 L. F.
885 L. F.
720 L. F. 18" RCP
660 L. F. 18" RCP
200 L. F. 18" RCP
25 L. F. 18" RCP
200 L.F. 18" RCP
445 L.F. ' 18" RCP
155 L. F. 18" RCP
10 Each
30 Ft.
1 Each
1 Each
UNIT PRICES TOTAL
8" RCP 0'- 8' depth
15" RCP 10-12' depth
15" RCP 12-14' depth
15" RCP 14-16' depth
15" RCP 16-18' depth
18" RCP 0-8' depth
18" RCP 8-10' depth
Standard manholes
Extra depth
Drop manhole
Connection to interceptor
1 L.S.
600 L.F.
500 C.Y.
800 L.F.
Street restoration
Service connections
Trench Stab. Mtl.
Trench dewatering
1 ,000.00
3,000.00
6.00
10.00
2.00
1 .000.00
3 .000.00
3 .600.00
5 .000.00
1 .600.00
eaye
ESTIMATED QUANTITIES MATERIAL UNIT PRICES TOTAL
3,000 L. F. Bedding material $2.00 $6,000.00 .
_ 2.5 Acre Seeding/sodding 500.00 1,250.00
1 L.S. Mobilization/clean up 5,000.00 5,000.00
$176,525.00
Add 15% contingencies 26 479.00
203,004.00
Add 15% engineering, admin. 30,450.00
233,454.00
Add easement cost 1,200.00
234,654.00
Add capitalized interest (6% for 12 mo.) 14 079.00
TOTAL ESTIMATED PROJECT COST $248,733.00
MAILINT, LIST
HEARING Mitchell Heights Sewer
ADDITION
Nate Address
Plat
Number
Parcel
Number Lot Illodc
I. R. Mitchell, 8211 Mitchell Road, Eden Prairie, Minn. 56715 4500
Eden Land Corp., 14500 Valley View Road, Eden Prairie , 56715 5000
James A. Lindsey, 3132 Northview Road, Minnetonka Beach, 56716 3630
ran n .
Henry Finch, 6104 Idylwood Drive, MinneapolisMinn.55424 56716 2800
.
.
-. .
— —
VILLAGE OF EDEN PRAIRIE
NOTICE OF HEARING ON
PROPOSED IMPROVEMENT
The Eden Prairie Village Council will meet on Tuesday, July 11,
1972 at 7:30 p.m. at the Village Hall, 8950 Eden Prairie Road
and will at said time and place conduct a public hearing on the
necessity and feasibility of the following described proposed
public improvements pursuant to Chapter 429, Minnesota Statutes.
The estimated assessable cost and the listing of the properties
against which the cost is proposed to be assessed are as stated.
A. Mitchell Heights Sub Trunk Sanitary Sewer.
Estimated Assessable Cost: $248,733.00
The properties proposed to be assessed for this
Improvement are as follows:
The N 1/2 of the SW 1/4 and the N 1/2
of the S 1/2 of the SW 1/4, all in
Section 15, Twp. 116, Rg. 22. Parcels
3630 and 2800 of Section 16, Twp. 116,
Rg. 22.
Edna M. Holmgren
Village Clerk
4
MAILING LIST
HEARING Canterbury Road Vacation
ADDITION
Plat Parcel
Name Address Number Number Lot Block
Eden Land Corp., 14500 Valley View Road, Eden Prairie 56704 4220
Richard H. Mavison, 6613 Canterbury Lane, Eden Prairie 56877 3800 6 3
Premier Realty, Inc. 430 Oak Grove Street, Minneapolis 56998 6050
VILLAGE OF EDEN PRAIRIE
8950 Eden Prairie Road
Eden Prairie, Minnesota
NOTICE OF HEARING ON PROPOSED PUBLIC
RIGHT OF WAY VACATIONS
Notice is hereby given, that the Eden Prairie Council
will meet on Tuesday, July 11, 1972, at 7:30 p.m. in
the Eden Prairie Village Hall, 8950 Eden Prairie Road
and will at said time and place consider the desirability
and feasibility of vacating the following described
public right-of-way easements.
Canterbury Lane as follows:
The North 20 feet as platted in Kings
Forest Addition to Stevens Heights and
The Greens Addition.
All comments, suggestions and/or inquiries should be
submitted in advance of the hearing or at the hearing
itself. A copy of the vacation application is on file
at the Vil lage Hall and may be inspected between 8 a.m.
and 4:30 p.m. Monday through Friday.
BY ORDER OF THE VILLAGE COUNCIL
Edna M. Holmgren
Village Clerk
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 176
AN ORDINANCE REGULATING THE MOVING
OF BUILDINGS AND PROVIDING A PENALTY
The Village Council of the Village of Eden Prairie does hereby ordain
as follows;
Section 1. Permit Required. No person shall move, remove, raise or hold
up any building within the limits of the Village of Eden Prairie without first
obtaining a permit from the Building Inspector
Section 2. Application. A person seeking issuance of a permit hereunder
shall file an application for such permit with the Building Inspector in writing,
upon forms provided by the Building Inspector. The application shall disclose such
information as the Building Inspector shall find necessary to a determination of
whether a permit should be issued. A permit fee of $50 and the following papers
shall be filed with the application:
(a) Suffi cient evidence that all real estate taxes and special assessments
against the building and lot from which it is to be removed are paid in full.
(b) A written statement or bill of sale or other sufficient written evidence
that the applicant is entitled to move the building.
(c) Wri tten evidence of arrangements with al I public utility companies whose
wires, lamps or poles are required to be removed, for the removal thereof by the
Company.
(d) A liability insurance policy or certificate of such insurance issued by
an insurance company authorized to do business in the State of Minnesota. The policy
shall insure the applicant and the Village of Eden Prairie as an insured in the sum
of at least $25,000 for injury to one person, and $50,000 for one accident, and at
least $25,000 property damage, and the policy shall be kept in effect until after the
building has been moved.
(e) A cash deposit in the sum of $500 as an indemnity for any damage which
the Village may sustain by reason of damage or injury to any highway, street or alley,
sidewalk, fire-hydrant or other property of the Village, which may be caused by or
be incidental to the removal of any building over, along or across any street in the
Village, and for any expense incurred by the Village under subdivision (b) of Section
5 .
edktion 3. Duties of the Building Inspector.
(a) Inspection. The Building Inspector shall inspect the building and the
applicant's equipment to determine whether the following standards for Issuance of
a permit are met. He shall refuse to issue a permit if he finds that:
Ordinance No. 176
Regulating the Moving of Buildings
Page Two
(I) any application requiremtn or any fee or deposit bond, or insurance
requirement has not been complied with;
(2) the building is too large to move without endangering persons or
property in the Vii lege;
(3) the building is in such state of deterioration or disrepair or is
otherwise so structurally unsafe that it could not be moved without endangering
persons and property in the Village;
(4) the building is structurally unsafe or unfit for the purpose for
which moved, if the location to which the building is to be moved is in the Village;
(5) the applicant's equipment is unsafe and persons and property would be
endangered by its use;
(6) zoning, building code or other ordinances would be violated by the
wilding in its new location if such location is in the Village;
(7) for any other reason, persons or property in the Village would be
endangered by the moving of the building; or
(8) the building is in substantial variance with either the established
or the expected pattern of building development within the neighborhood to which
the building is to be moved. The findings of a comparative study of age, bulk,
architectural style and quality of construction of both the building to be moved
and the buildings ei ther existing or expected in the neighborhood shall be the
criteria by which the Building Inspector shall determine the degree of variance.
(b) Fees and Deposits.
(I) Return upon Non-issuance. Upon denying a permit, the Building Inspector
shall direct the Vii lage Treasurer to return to the applicant all deposits, bonds and
Insurance policies. The permit fee filed with the application shall not be returned.
(2) Return upon Allowance for Expense. After the building has been moved,
the Building Inspector shall furnish the Village Manager with a written statement of
all expenses incurred and of all damage caused to or inflected upon property belonging
to the Village by reason of the move. The Village Manager shall authorize the
Village Treasurer to return to the applicant all deposits after deducting a sum
sufficient to pay for all of the costs and expenses and for all damage done to property
of the Village. The permit fee deposited with the application shall not be returned.
(3) Designate Streets for Removal. The Building Inspector shall procure
from the Department of Public Works a list of designated streets over which the building
may be moved. The Building Inspector shall have the list approved by the Chief of
Police and shall reproduce the list upon the permit in writing. In making their
determinations the Department of Public Works and the Chief of Police shall act to
assure maximum safety to persons and property in the Village and to minimize congestion
and traffic hazards on public streets.
(4) Duties of Permittee. Every persittee under this ordinance shall:
(a) Use Designated Streets. Move a building only over streets designated
for such use in the written permit.
Ordinance No. 176
Regulating the Moving of Buildings
Page Three
(b) Notify of Revised Moving Time. Notify the Building Inspector in
writing of a desired change in moving date and hours as proposed in the application.
(c) Notify of Damage. Notify the Building Inspector in writing of any and all
damage done to property belonging to the Village or any public utility within 24
hours after the damage or injury has occurred.
(d) Display Lights. Cause red lights to be displayed during the night time
on every side of the building, while standing on a street, in such manner as to warn
the public of the obstruction, and shall at all times erect and maintain barricades
across the streets in such manner as to protect the public from damage or injury by
reason of the removal of the building. Warning lights with open flames shall not be
used.
(e) Street Occupancy Period. Remove the building from the Village Streets after
two days of such occupancy, unless an extension is granted by the Building Inspector.
(f) Comply with Governing Law. Comply with the Building Code, the fire Zone
Ordinance, the Zoning Ordinance and all other applicable ordinances and laws upon
relocating the building in the Village.
(g) Pay Cxpense of Officer. Pay the expense of a traffic officer ordered by
the Village Manager to accompany the movement of the building to protect the public
from injury.
(h) Clear Old premises. Remove al 1 rubbish and material s and fill all excavations
to existing grade at the original building site, if within the Village, so that the
premises are left in a safe and sanitary condition. All foundation structures are to
be removed to a depth of 18 inches below the finished grade of a lot.
(i) Remove Service Connection. Cause the sewer line to be plugged with a
concrete stopper, and the water to be shut off if the original building is within the
Village. Permittee shall notify the gas and electric service companies to remove
thei r services.
(j) Completion of Rwodeling. If the building is relocated in the Village,
complete within 90days after removal, all remodeling, additions or repairs as shown
on the plans accompanying the application.
Sect ion 5. Liability of Permi ttee to Vi 1 lege.
(a) Permittee Liable for Expense above Deposit. The permittee shall be liable
for any expenses, damges or costs in excess of deposted amounts or securities.
(b) Original Premises Left Unsafe. If the original building site is within the
Village, the Village shall proceed to do the work necessary to leaving the original
premises in a safe and sanitary condition, where permittee does not comply with the
requirements of this ordinance, and the cost thereof shall be charged against the
cash deposit.
Ordinance No. 176
Regulating the Moving of Buildings
Page Four
Section 6. Appeal to Council. Any applicant to whom a permit has been
denied by the Building Inspector may appeal to the Village Council. The applicant
shall submit a notice of appeal to the Village Clerk in writing, and the matter
shall be heard by the Council at a regular or special meeting to be held within
35 days after filing of the notice of appeal. The Council nay affirm, reverse
or modify the action of the Building Inspector.
Section 7. Penalty. Any person violating or failing to comply with any
provision of this 15Fari—lance shall upon conviction therof, be fined not to exceed
$300, or be imprisoned not exceeding 90 days. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall be punishable
as such hereunder.
Section 8. Date of Effect. This ordinance shall take effect and be in force
from and after its ipproval as required by law.
FIRST READ at a regular meeting of the Council of the Village of Eden Prairie
this day of
, 1972, and finally read, adopted and ordered published
at a regular meeting of the Council of said Village on this day of
1972.
Paul R. Recipath, Mayor
ATTEST:
SEAL
Edna M. Holmgren, Clerk
JOINT AND COOPERATIVE AGREEMENT
SOUTHWEST SUBURBAN CATV STUDY COMMISSION
The parties to this agreement are governmental units of
the State of Minnesota. This agreement is made pursuant to
Minnesota Statutes, Section 471.59.
I. GENERAL PURPOSE
Communities in the Minneapolis-St. Paul metropolitan area,
including the parties to this agreement, are now being requested
to enfranchise the operation of cable television ("CATV") systems.
CATV holds out great potential and importance as a communications
medium. It is therefore of the utmost importance for communities
to attempt to deal with the enfranchising process, and with sub-
sequent regulation of CATV, in a manner best serving the public
interest.
This will necessitate an in-depth study of a variety of
matters including the nature and potential of CATV, its operational
characteristics, how to secure reasonable access for use by the
public, what should be done to assure interconnectibility with other
systems in the area, what is a suitable geographic and market area
for a franchise, how system capabilities should be maintained and
improved during the franchise and, generally, what would be the best
procedure for the parties to follow in granting franchises and admini-
stering them.
The general purpose of this agreement is to provide an organi-
zation, of limited duration, which can undertake such studies and
make specific recommendations to the governing bodies of the parties
as to how to proceed with the enfranchising and regulatory processes
in these communities. By joint and cooperative action the parties
can share in the expenses of such study, can develop a uniform approach
to the matter of enfranchising, and can explore the possibilities of
joint or common action on a permanent basis.
II. DEFINITION OF TERMS
Section 1. For the purposes of this agreement, the terms
defined in this article shall have the meanings given them.
Section 2. "Commission" means the organization created pur-
suant to this agreement, which shall be known as the "Southwest
Suburban CATV Study Commission". The commission consists of its
board of directors. Each party is entitled to two (2) members on the
board of directors.
Section 3. "Council" means the governing body of a party.
Section 4. "Party" means a municipality which enters into
this agreement.
III. PARTIES
The municipalities eligible to become parties to this agree-
ment are the Villages of Eden Prairie and Edina, the Cities of
Hopkins, Minnetonka, St. Louis Park and Richfield, any municipality
contiguous to any of these named municipalities, and any other
municipality contiguous to any municipality which becomes a party.
IV. BOARD OF DIRECTORS
Section 1. The governing body of the commission shall be
its board of directors. Each party shall be entitled to two (2)
directors, each of whom shall have one (1) vote. The council of
each party shall appoint its two (2) directors, one (1) of whom shall
be a member of the council and the other an administrator or staff
member having, or likely to have, administrative responsibility for
CATV enfranchising in the community. Directors shall serve without
compensation from the commission, but this shall not prevent a member
from providing compensation for its directors if such compensation
is authorized by the party and by law.
Section 2. There shall be no voting by proxy, but all .Jotes
must be cast in person at board meeting by the director.
Section 3. Directors shall be appointed to serve until their
successors are appointed and assume their responsibilities, but
directors shall serve at the pleasure of the council appointing them.
When a council appoints a director it shall give notice of such
appointment to the city manager of the City of St. Louis Park. Such
notice shall include the mailing address of the person so appointed.
The names and addresses shown on such notices may be used as the
official names and addresses for the purposes of giving notices of
any meetings of the commission.
Section 4. A majority of the board of directors shall con-
stitute a. quorum of the board.
Section 5. A vacancy on the board shall be filled by the
council of the party whose position on the board is vacant.
-2-
Section 6. A director shall not be eligible to vote on
behalf of his municipality during the time that it is in default
on any contribution or payment to the commission. During the
existence of such default the vote or votes of such party shall
not be counted for the purposes of this agreement. If a party
remains in default for a period of more than sixty (60) days on any
billing from the commission the membership of such party automati-
cally shall be terminated.
V. MEETINGS - ELECTION OF OFFICERS
Section 1. A party entering into this agreement shall do
so by the duly authorized execution of a copy of this agreement by
its proper officers. Thereupon, the clerk or other appropriate
officer of the party shall file a duly executed copy of this agree-
ment, together with a certified copy of the authorizing resolution,
with the city manager of the City of St. Louis Park. The resolution
authorizing execution of the agreement shall also designate the first
two (2) directors from that party. The agreement shall become
effective when it has been authorized by four (4) of the eligible
municipalities and when the appropriate documents have been filed as
provided above. Within thirty (30) days after the effective date
of this agreement the manager of the City of St. Louis Park shall
call the first meeting of the board which shall be held no later than
fifteen (15) days thereafter.
Section 2. At the first meeting of the board and in July of
each year thereafter while the commission is in existence the board
shall elect from its directors a president, a vice-president and a
secretary-treasurer.
Section 3. At the organizational meeting, or as soon there-
after as it reasonably may be done, the board shall adopt bylaws
governing its procedures including the time, place and frequency of
its regular meetings. Such bylaws may be amended from time to time.
Section 4. Special meetings of the board may be called
(a) by the president (b) by the executive committee, or (c) by
the executive committee upon the written request of a majority of
the directors. Five (5) days written notice of special meetings shall
be given to the directors. Such notice shall include the agenda for
the special meeting.
Section 5. The specific date, time and location of regular
and special meetings of the board shall be determined by the executive
committee.
-3-
Section 6. Notice of regular meetings of the board shall
be given to the directors by the secretary-treasurer at least seven
(7) days in advance and the agenda for such meetings shall accompany
the notice . However, business at regular meetings of the board
need not be limited to matters set forth in the agenda.
VI. POWERS AND DUTIES Or THE BOARD
Section 1. The powers and duties of the board shall include
the powers set forth in this article.
Section 2. It shall take such action as it deems necessary
and appropriate to accomplish the general purposes of the organi-
zation.
Section 3. It shall consult with persons knowledgeable in
CATV and persons having a special interest therein, such as industry
representatives, research organizations, educational institutions,
other political subdivisions, municipal organizations, regulatory
organizations, technical experts and any other persons who can provide
pertinent information concerning CATV franchising and regulation.
Section 4. After study it shall undertake to identify matters
of common concern to the parties and shall recommend a course of
action to be pursued by the parties in the granting and enforcement
of CATV franchises. In that connection it shall consider and make
recommendations on whether the parties should have uniform ordinances,
whether they should undertake to grant a franchise to the same party
and whether they should establish a continuing organization to admini-
ster and enforce any franchise or franchises which are granted by the
parties. It shall undertake to make such recommendations no later
than December 31, 1972.
Section 5. It may prepare and recommend suitable documents
for use in the granting of franchises by the parties. In the event
that the parties determine to pursue a common or a joint course of
action in the granting of franchises it may assist in the carrying
out of such joint or common course of action.
Section 6. It may enter into any contracts deemed necessary,
by the board, to carry out its powers and duties, subject to the
provisions of this agreement.
Section 7. It may accept gifts, apply for and use grants,
enter into agreements required in connection therewith and hold, use
and dispose of money or property received as a gift or grant in
accordance with the terms thereof.
-4-
Section 8. It shall cause an annual, independent audit
of the books of the commission to be made and shall make an a
n
n
u
a
l
financial accounting and report in writing to the parties.
I
t
s
books and records shall be available for and open to examina
t
i
o
n
by the parties at all reasonable times. It shall establish
t
h
e
annual budget for the commission as provided in this agreeme
n
t
.
Section 9. It may delegate authority to the executive
committee of the board between board meetings. Such delega
t
i
o
n
o
f
authority shall be by resolution of the board and may be con
d
i
t
i
o
n
e
d
in such manner as the board may determine.
Section 1G. It may investigate the operation of C.ATV systems
in other cities, but the expenses of travel and subsistence of
directors in making any such investigation shall be borne b
y
e
a
c
h
party for its directors and no such expense shall be incurre
d
b
y
a
n
y
director without prior authority from the council appointing
h
i
m
.
Section 11. It may exercise any other power necessary and
incidental to the implementation of its powers and duties.
VII. OFFICERS
Section 1. The officers of the board shall consist of a
president, a vice-president and a secretary-treasurer who s
h
a
l
l
b
e
elected at the regular annual meeting of the board held in
J
u
l
y
o
f
each year. New officers shall take office at the adjournme
n
t
o
f
t
h
e
annual meeting of the board at which they are elected.
Section 2. A vacancy shall immediately occur in the office
of any officer upon his resignation, death or upon his cea
s
i
n
g
t
o
be an officer or employee of his municipality. Upon vacanc
y
occurring in any office, the executive committee shall fil
l
s
u
c
h
position until the next meeting of the board.
Section 3. The three (3) officers shall all be members of the
executive committee.
Section 4. The president shall preside at all meetings of
the board and the executive committee. The vice-presiden
t
s
h
a
l
l
a
c
t
as president in the absence of the president.
Section 5. The secretary-treasurer shall be responsible fo
r
keeping a record of all of the proceedings of the board an
d
e
x
e
c
u
t
i
v
e
committee, for custody of all funds, for the keeping of a
l
l
f
i
n
a
n
c
i
a
l
-5-
records of the organization and for such other matters as shall be
delegated to him by the board. Any persons may be engaged to p3rform
such services under his supervision and direction, when authorized
by the board. He shall post a fidelity bond or other insurance
against loss of organization funds in an amount approved by the board,
at the expense of the organization.
VIII. FINANCIAL MATTERS
Section 1. Commission funds may be expended by the board
in accordance with the procedures established by law for the expendi-
ture of funds by villages. Orders, checks and drafts shall be signed
by any two (2) of the officers. Other legal instruments shall be
executed by authority of the board, by the chairman and secretary-
treasurer.
Section 2. The financial contributions of the parties in
support of the commission shall be equal. The contributions to the
commission for the calendar year 1972 shall be two thousand and no/100
($2,000 .00) dollars per party. Contributions for subsequent years,
if any, shall be established as hereinafter provided.
Section 3. A proposed budget shall be formulated by the
board and submitted to the parties on or before August 1 of each year,
except that in 1972 this need not be accomplished before September 1.
Such budget shall be deemed approved by a party unless, prior to
October 15 of the year involved, the party gives notice in writing
to the board that it is withdrawing from the commission. The board
may revise its budget in response to or as a result of a notice from
any party that it proposes to withdraw from the commission. Final
action adopting a budget for the ensuing calendar year shall be taken
by the board on or before November 1 of each year. The total contribu-
tions from parties provided for in the final budget shall be divided
equally among the parties to arrive at the required contribution of
each party. The total contribution any party may be required to make
during any calendar year shall not exceed two thousand and no/100
($2,000.00) dollars.
Section 4. Upon dissolution of the commission any funds
remaining shall be returned to the parties in proportion to their
contributions to the commission.
IX. DURATION
Section 1. The commission shall continue until its annual
meeting in July of 1973, and thereafter from year to year •unless the
number of parties shall become less than four (4). None of the parties
-6-
shall withdraw prior to that date. Thereafter, withdrawal of a
member at the end of any year may be accomplished by that party's
filing a written notice thereof with the secretary-treasurer by
October 15 of that year. The commission may also be terminated
by mutual agreement of all of the parties at any time.
IN WITNESS WHEREOF, the undersigned party has caused this
agreement to be signed on its behalf this day of
1972.
WITNESSED BY: of
By:
(Its
By:
(Its
-7-
July 11, 1972
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF EDEN PRAIRIE
MINUTES OF THE BOARD OF AUDIT:
The following accounts were audited and allowed as follows:
Year 1972
Date Voucher# Name Item
Amount
6/14 10479 Suburban Rec. Assoc.
6/20 1 0480 University of Minnesot a
6/22 10481 Edina Realty
1 0432 Edina Real ty
10483 Edina Realty
6/23 10484 Postmaster
6/29 10485 Firest National Bank
6/29 10136 Metro Sewer Board
10487 Minn. Hospital Serv. Assoc.
7/11 10488 A & G Drafting Serv.
10489 A & H Welding & Mfg.
10490 Mr s. Jackie Armstrong
10491 Jeffrey W. Barth
10492 Shelly Bianconi
10493 Black & Veatch
10494 Donna Boller
10495 Ronald Braun
10496 Richard J. Bren
10497 Mrs. Clyde Carter
10498 Central Services Division
10499 Chapin Publishing
10500 Chase Brackett Co.
10501 Comm. of Administration
10502 Comm. of Taxation
10503 Wallace Conrad
10504 Dairy Fresh Creamery Co.
10505 A. B. Dick Products
10506 Dictation Systems
10507 Khri s Dockendorf
100 Dorhol t Printing
1050) Dun-Rite Landscaping
10510 Jaycees
10511 Eden Prairie Schools
10512 Eric Enblom
10513 Federal Reserve Bank
10514 Feudner Agency
10515 Fi Imshops
10516 Fire Instructors Assoc.
Refund..Youth Wilderness
Backpacking & Conservation
35.00
Peppermint Tent Tickets
72.00
Option Money-Bryant Lake Park
1,000.00
Option Money-Bryant Lake Park
1,000.00
Option Money-Bryant Lako Park
15,000.00
Newsletter Mailing
78.15
Street Impr.Bonds 1962-Int.
97.50
Sewer Services Charges
2,475.84
Blue Cross-MII
585.40
Engineer 's Supplies 16.60
Mai ntenance on Equip. 3.72
Refund..Tennis Lessons
5.00
Refund.. Swimming Lessons
5.00
Refund..Western Horseback Riding
16.00
Engineering Services•Waterworks
Improvement
Refund..Tennis Lessons
Graphics for Major Canter
Village Hall Maintenance
Refund.. Beach Ticket
Section Prints
Ads-Water Treatment Plant
Storage Reservoir
Appraisal-Grill Property
2nd Quarter Social Security
June Payroll Taxes
Firemen's Convention Expenses
Concession Stand Supplies
Offi ce Supplies
Head Set for Recorder
Refund..Tiny Tots
Office Supplies
Shrubs-Round Lake
Fertilizer
Mimeo Paper
Refund..Bike Touring Club
June Payroll Taxes
Additional -Notarial Bond
G. Schurtaan
Planner's Suppl ies
1972 Dues
134,330.63
5.00
43.75
140.00
7.23
30.00
30.00
200.00
3,912.89
892.20
15.25
140.85
117.75
18.60
5.00
51.86
225.00
240.00
60.90
2.00
2,203.20
3.00
2 0.75
3.00
tcs of the 6oard of Audit
Jui y 11, 1972
Page Two
Date Voucheril
Name
Item Amount
7/1 1 10 51 7 Paul Foss Printing
10518 Rebecca Forrest
10519 John D. Frane
10520 Frontier Lumber
10521 Gager 's Handicraft
10522 Steven P. Geiger
10523 GK Cleaning.laundry
10524 Void
1052 5 Graham Paper Co.
10526 Edward Handler
10527 Mary Hargens
10528 George C. Hite
10529 Edna M. Holmgren
10530 Ernest Holmquist
10531 Stephen Holmquist
10532 Brett Hope
10533 Howard Needles, Tamen
10534 Christopher E. Huessing
1053 5 Mark Hurd Aerial Surveys
10536 Gene Jacobson
10537 Janski and Gibson
10538 Harold M. Jessen
Void
Justus Lumber Co.
10541 David Kashmark
10542 Al den Kei ski
10543 Bob Kojetin
10544 Kokosh Athletic & Golf
10545 Kraemer's
10546 Leef Bros.
10547 Michael LeGrand
10548 Lametti & Sons
10549 Harlan Leopold
10550 Long Lake Ford Tractor
10551 Lyle Signs
10552 Lyon Chemicals, Inc.
10553 Wendy Marquardt
10554 C. S. McCrossan, Inc.
10555 Robert H. McGuire
10556 Metro Printing
10557 Midland Products Co.
10558 Midwest Asphalt Corp.
10559 Midwest Planning
10560 Minneapolis Gas Co.
10561 Minneapolis Star & Tribune
10562 Minnesota Rec. & Park Assoc.
10563 Minnesota Rescue & First Aid
Association, Inc.
10564 Ray Mitchell
10565 Mobil Oil
10566 Modern Tire
10567 Jay Morton
Imprint Envelopes- Newsletter 20.11
Refund..Tennis & Judo Instruction 10.00
June Mileage & Expenses 23.27
Supplies, Fire Dept. Parks &
Summer Rec. Supplies 33.65
Round Lake Improvement 341.80
June Mileage & Rodc Isle Park
Supplies 54.29
Service for Fire Dept. 17.98
Replaced by 10525
Towels for V. Hall & Maint. Bldg. 45.20
June Mileage 13.68
Refund..Craft Supplies 2.82
June Expenses 183.22
June Mileage & Expenses 32.95
Refund..Fencing Class 4.00
Refund..Fencing Class 4.00
Refund..Camping Session I 5.00
Ring Route Study 529.33
Refund. .Fencing Class 4.00
Topog Map 374.16
State Fire Convention Expenses 14.85
Services-Bergin Property 400.00
June Mileage & Expenses 78.13
Replaced by 10540
Supplies for Parks 217.08
State Fire Convention Expenses 14.87
Operation Alternatives Expenses 4.80
Softball Team Registration 80.00
Park Supplies 150.15
Supplies, Fire Dept., Parks and
124.29 Office
23.15 Towel & Rug Service
26.00 Refund..Men's Golf League
79,183.46 Sewer & Watermain, Section I
6.00 Operation Alternatives Expenses
5.62 Equipment Parts
45.00 Signs
151.50 Copper Sulphate-Round Lake
Refund..Camping Session II
5.00
65,1 56.90 Anderson Lakes Trunk Sewer
Forestry & Parks Consultation 325.00
23.00
Popcorn for Concession Stand
News letter
18.35
786.62 Street Material
29.24 Refund..Topog Map
62.14 Gas - V. Hall & Saint. Bldg.
27.60 Ads
80.00 State Tournament Registration
Dues 7/72-73
15.00
State Fire Convention Expenses
21.50
29.17 Gas
19.20 Tire Repairs 3.00
Refund..Soccer
Minutes of the Board of Audit
July II, 1972
Page Three
Date Vouched/ Name Item ranount
7/1i 10568 Motor Parts Service Equipment Parts 26.78 10569 Wm. Mueller & Sons Sand for Round Lake Beach 64.68 10570 Muller Boat Co. Summer Fun Special Trip 57.20 10571 National Cash Regi ster Co. Rental for Concession Stand 54.00 10572 National Fire Protection
Association Dues ending 6/73 35.00 10573 National Roc. & Park Assoc. Registriction for 1972 Congress 50.00 10574 Barbara Nelson Refund..Tennis Instruction
June Mileage 6.98 10575 North American Life Employee Insurance 91.60 10576 Northern States Power Elect r ic 1,029.52 10577 North Star Chapter Membership-Building Inspec.
Int. Conf. of Bldg. Off, 10.00 10578 Northwestern National Bank 0.0. Water & Sewer Bonds
11/1/71 101,794.79 10579 Mary Nygaard Refund..Dcg Obedience Class 12.00 10580 Reed Olson June Mileage & Expenses 73.29 10581 Orfei & Sons Sewer & Water, Sections 11,111
& IV 187,976. 70 10582 Thomas H. Palmer Refund..Airline Ticket 56.00 10583 Kris A. Pearson Refund..Soccer 3.00 10584 Pepsi-Cola Bottling Concession Stand Supplies 92.00 10585 Edna Holmgren Petty Cash , May & June
Deputy Treasurer 35.93 1086 Jim & Bernni e P 1 oumen
10587 Public Employees Retirment
10588 Richard A. Putnam
10589 Rieke-Carrol 1 -Mul ler
1 0590 Norbert Rogers
10591 /lade St. Pierre
10592 Satellite Industries
10593 Shady Oak Hardware
10594 Br3dley Sharratt
10595 Shenchon Goodlund Johnson
10596 W. Gordon Smith Co.
10597 Soil Engineering
10598 S teward Sandwiches
1 0599 Suburban Hennepin County
10600 Suburban Sign Co.
10601 Sun Newspapers
10602 Burton L. Sutton
10603 Taylor Children
10604 United Fund
10605 Uniforms, Unlimited
10606 Charles Upton
10607 Keith Wall
10608 Sally Weber
Refund..Mixed Doubles Horshoe
League 3.00
PERA for June 1,317.02
Mileage & Expenses for June 86.79
Services-Trunk 5-1 & 2
Sections 411,111 16,849.09
State Fire Convention Expenses 42.55
Operation Alternatives Expenses 12.99
Service at Ballfield & Beach 233.64
Rock Isle Park Supplies 62.98
Rcfund..Tiny Tots 5.00
Services - Blesi Property 450.00
Gas 36.98
Compression Tests-Topview
Borings - Round Lake Tennis Court
Prelim. Borings-Ring Route 1,422.70
Concession Stand Supplies 42.80
Relief 145.66
Signs for Parks 86.00
Legal s 92.88
State Fire Convention Expenses 39.65
Refund..Stemer Fun 9.00
Employee Deductions - 6 Months 278.90
Supplies - Fire Dept. 89.95
Refund..Bike TouringClub 2.00
Operation Alternatives Expenses 6.97
Refund..Tennis Instruction 5.00
Item
Openpt Ion Alternatives Expenses
Spraying Roadsides
Rental for April & May
Water works Improvements
71-8-06
Ground Storage Reservoir
Nine 141 le 1 & Anderson Lake
Bryant Lake, Anderson Lake,
Staring Lace Properties
Liabi 1 S ty & Workman's Coop.
Insurance
Nine Kt lel Trunk Seer
Phones
Payment - Anderson Lakes
Property 18,900.00
Escrow Deposit for Balance
of Contract for Deed .
Memory Kopesky Property 50,000.00
Minutes of the Board of Audit
July 11, 1972
Page Four
Date Voucher#
Name
7/11 10609 Richard Venpe
10610 Young's Spray Service
10611 Xerox
10612 Black & Veatch
10613 Brauer & Assoc.
10614 Hennessy Agency
10615 Northern Contracting
10616 Northwestern Bell
10617 Henry A. & Rose Mary
Kopesky
10618 First National Bank
Amount
7.03
267.50
164.22
22,155.00
15,93%08
10,554.00
27,516.30
l9.49
TOTAL DISBURSEMENTS • •
4111.
• •
$ 770,6 19.8 4
AN ON'S
10596 Void Not replaced /c43 / (36.98)
10612 Cancelled Replaced by No. tf449 (22,155.00)
10619 AGFA.Gevaert Processing Film Mounting Service 7.05
1 0620 Commissioner of Taxation Special Fuel Tax 2.45
10621 Gregg Nelson Travel Operat I on Alternatives Air
Fares to Kansas City 380.00
10622 Hennepin County Finance
Director Real Es tate Taxes on Thorp
Property 807.52
10623 John F. Cosmano Fee for June 56.88
10624 Dennis A. Kallsen Refund .Air Fare from K. C.
for Interview 76.00
10625 John McCulloch Fee for June 56.88
10626 Joan Meyers Fee for June 56.88
10627 Ralph J. Nesbitt Fee for June 56.88
10628 Perbix, Harvey & Simons Legal 2,253.60
10629 Radisson South Rom ?or Interview 49.65
10630 Paul R. Redpath Fee for June 75.84
10631 Black & Veatch Land Sur veyi ng & Soil Borings 22,140.50,
TOTAL DISBURSDIENTS• • • .• • • .......• $ 774,41s7.99
VILLAGE OF EDEN PRAIRIE
FINANCIAL REPORT
July 11, 1972
Cash Balances:
General and Special Revenue Funds
...Capital Projects (Improvements)
Park Acquisition and Development
Debt Service Funds
Utility Funds
As of 6/30/72
Disposition of Cash:
Cash in Bank (per book)
Investments:
Certificates of Deposit
Savings Account
Federal Land Bank @ 8.2% due 7/20/72
As of 6/30/72
$ 150,182
1,967,173
347,517
627,716
6,633
$ 3,099,221
$ 52,646
2,250,000
586,541
210,034
$ 3,099,221
Expenditures presented for approval at the Council meeting of July 11,
1972 total $770,620. These expenditures will be met by the following
source of funds:
Investments maturing in July
Cash in Bank
Savings Accounts
Reimbursement from Metro Sewer - Nine Mile I
$ 530,034
52,646
163,933
24,007
$ 770,620
Items of Interest
Bryant Lake Park beach is very popular.
The A.G.C. laborers have settled with the contractors.
JEW
7/7/72
PEIRSIX, HARVEY & SIMONS, P. A.
ATTORNEYS AT LAW
P. 0. SOX 100
17 TENTH AVENUE SOUTH
HOPKINS. MINNESOTA 550411
TIELIMMONC 035.146111
June 29, 1972 W. HARLAN PERM%
HOWA1413 E. HARM
KEITH E. lliMeNts
Mr. George Hite, Village Manager
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear George:
Enclosed please find proposed Ordinances No. 173 and 174. Both of
these ordinances are identical to existing ordinances. Because of
amendments to the State Traffic Code which is incorporated in these
ordinances by reference, it is necessary to re-pass these ordinances.
We have already passed Ordinance No. 172 for the same reason and
every time the State Code is amended it will, be necessary to re-pass
all three of these ordinances.
It has been suggested that a provision be used to automatically
adopt any amendments to the State Traffic Code, thus eliminating
the need to re-pass these ordinances but the Attorney General has
ruled that this procedure cannot be used.
For this reason I am recommending that these ordinances be put on
the agenda and adopted.
ICES/a
Enc.
ORDINANCE HO. 173
VILLAGE OF 1051 PRAIRIE
111101Q)311 COUNTY, MINNESOTA
AN ORDINANCE REGULATING PED&TRIAN, BICYCLE AND VEICULAR
TRAFFIC, AND PARKING, AND THE USE OF PLACING OF SIGNS AND
SIGNALS, T113 OPATION AND HQUIF14101T OF BICYCLES AND THE USE OF VILUGE STREETS INCORPORATING PROVISIONS OF THE STATE
HIGHWAY REGULATION ACT BY AUDIENCE, PRE.TRIBING PENALTIES
fatEFORE AND AMMDD1G ORDINANCE NO. 172.
THE COUNCIL OF THE VILTAOE OF 11D1Cl PRAIRIE ORDAINS AS FOLLOWS:
Section 1. Section 3 of Ordinance No. 172 is hereby repealed.
Section 2. Mere is to be added to Ordinance No. 172 a new Section 3,
which shall read as follows:
"Section 3. Application to private property. All provisions of this
ordinance applicable to pedestrians or the drivers of vehicles or bicycles upon
the streets, highways or sidewalks of the Village shall apply except where
clearly inaplicable, to pedestrians and drivers of vehicles and bicycles on
private roads and driveways of the Village, including school properties and off-
street parking areas. lhe Village Manager may from time to time establish the
maximum speeds at which vehicles and bicycles may be driven in such off-street
parking areas and upon request by the school board upon school board properties.
.Seed limits may vary from parking area to parking area and shall be based upon
the requirements of safety in the areas affected. Bach such speed limit shall
be established in writing filed with the Village Clerk and shall become effective
as an absolute speed limit an being sign-posted on such streets and upon such
private roads and driveways and at each entrance to the parking area affected
thereby, and no person shall drive a vehicle or bicycle at a speed in excess
thereof."
Section 3. Mere shell be added a new Section 4 to Ordinance No. 172
which reads as follows3
",Section 4. Pewits,. The performance of any act forbidden, or failure
to perform any act. required by this ordinance shall be a misdemeanor, which shall
be punishable by imprisonment in the Village or County jail for not more than
three (3) months or ninety (90) days, whichever is the lesser, or by a fine of
not more than $300.00."
FIRST READ at a regular meeting of the Council of the Village of Eden
Prairie this day of , 1972, and finally read and adapted
and ordered published at a regular meeting of the Council of said Village on the
day of , 1972.
Paul II. Reipath, Mayor of the
Village of Eden Prairie
Attests
Edna K. Holagren, Clerk
VILLAGE OF EMI PRAIRIE
REMEPIN COUNTY, MINNESOTA
ORDINANCE NO. 171:
AN ORDINANCE REGULATMG THE OPERATION OF MOTOR VNIICLES
WITHIN THE VILLAGE OF EDEN PRAIRIE, INCORPORATING TRE
PROVISIONS OF THE STATE DRIVERS LICEISE LAW BY REFERENCE,
AND IMPOSING A PRIALTI FOR THE VIOLATION THEREOF, AND
REPEALING ORDINANCE NO. 69.
THE COUNCIL OF THE VILLAGE OF DIM PRAIRIE ORDAINS AS FOLLOWS:
Section 1. Drivers Licence Law Incorporated by Reference. There is
hereby adopted as an ordinance regulating the operation of motor vehicles on
the highways, streets and alleys within the Village . of Bien Prairie, the follow-
ing statutes of the State of Minnesota, as heretofore amended and now in force
and effect, three copies of which are marked as official copies and filed for
use and examination by the public in the office of the Village Clerk:
All of Chapter 171, Minnesota Revised Statutes, known as the "DRIVER,1
LICENSE LAW", except the following section thereof: 171.26.
Section 12.. Penalty. Any violation of the statute adopted by reference
in Section]. is a violation of this ordinance when it occurs within the Village
of Eden Prairie. Any person thus violating any provisions of this ordinance
shall be guilty of a misdemeanor and shall be punished by a fine of not to
exceed $300.00, or by irpriscament in jail for a period of not to exceed ninety
(90) days; but if a minimum fine or imprisonment is prescribed by the Drivers
License Law for an offense, such penalty shall apply to a person convicted for
the rs ase offense under this ordinance.
Section III. Ordinance No. 69 is hereby repealed.
FIRST READ at a regular meeting of the Council of the Village of Eden
Prairie this day of p 1972, and finally read and adopted and
ordered published at a regular meeting of the Council of said Village on the
day of , 1972.
Paul R. Redpath, Mayor of the
Village of Eden Prairie
Attest:
Rcina M. licamgren,—Clark
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 176
AN ORDINANCE REGULATING THE MOVING
OF BUILDINGS AND PROVIDIAG A PENALTY
The Village Council of the Village of Eden Prairie does hereby ordain
as follows:
Section I. Permit Required. No person shall move, remove, raise or hold
up any building within the limits of the Village of Eden Prairie without first
obtaining a permit from the Building Inspector
Section 2. Application. A person seeking issuance of a permit hereunder
shall file an application for such permit with the Building Inspector in writing,
upon forms provided by the Building Inspector. The application shall disclose such
information as the Building Inspector shall find necessary to a determination of
whether a permit should be issued. A permit fee of $50 and the following papers
shall be filed with the applications
(a) Sufficient evidence that all real estate taxes and special assessments
against the building and lot from which it is to be removed are paid in full.
(b) A written statement or bill of sale or other sufficient written evidence
that the applicant is entitled to move the building.
(c) Written evidence of arrangements with all public utility companies whose
wires, lamps or poles are required to be removed, for the removal thereof by the
Company.
(d) A liability insurance policy or certificate of such insurance issued by
an insurance company authorized to do business in the State of Minnesota. The policy
shall insure the applicant and the Village of Eden Prairie as an insured in the sum
of at least $25,000 for injury to one person, and $50,000 for one accident, and at
least $25,000 property damage, and the policy shall be kept in effect until after the
building has been moved.
(e) A cash deposit in the sum of $500 as an Indemnity for any damage which
the Village may sustain b1 reason of damage or injury to any highway, street or alley,
sidewalk, fire-hydrant or other property of the Village, which may be caused by or
be incidental to the removal of any building over, along or across any street in the
Village, and for any expense incurred by the Village under subdivision (b) of Section
5 .
Section 3. Duties of the Building Inspector.
(e) Inspection. The Building Inspector shall inspect the building and the
app li can t's equipment to determine whether the following standards for issuance of
• welt ere Met. He shall refuse to issue a permit if he finds thate
Ordinance No. 176
Regulating the Moving of Buildings
Page Two
(I) any application requiremtn or any fee or deposit bond, or insurance
requirement has not been complied with;
(2) the building is too large to move without endangering persons or
property in the Village;
(3) the building is in such state of deterioration or disrepair or is
otherwise so structurally unsafe that it could not be moved without endangering
persons and property in the Village;
(4) the building is structurally unsafe or unfit for the purpose for
which moved, if the location to which the building is to be moved is in the Village;
(3) the applicant 's equipment is unsafe and persons and property would be
endangered by its use;
(6) zoning, building code or other ordinances would be violated by the
wilding in its new location if such location is in the Village;
(7) for any other reason, persons or property in the Village would be
endangered by the moving of the building; or
(8) the building is in substantial variance with either the established
or the expected pattern of building development within the neighborhood to which
the building is to be moved. The findings of a comparative study of age, bulk,
architectural style and qual i ty of construction of both the building to be moved
and the buildings either existing or expected in the neighborhood shall be the
criteria by which the Building Inspector shall determine the degree of variance.
(b) Fees and Oeposi ts.
(1) Return upon Non—issuance. Upon denying a permit, the Building Inspector
shall direct the Vil 1 age Treasurer to return to the applicant al 1 deposits, bonds and
insurance policies. The permit fee filed with the application shall not be returned.
(2) Return upon Allowance for Expense. After the building has been moved,
the Building Inspector shall furnish the Village Manager with a written statement of
all experses incurred and of all damage caused to or inflected upon property belonging
to the Village by reason of the move. The Village Manager shall authorize the
Village Treasurer to return to the applicant all deposits after deducting a sum
sufficient to pay for all of the costs and expenses and for all damage done to property
of the Village. The permit fee deposited with the application shall not be returned.
(3) Designate Streets for Removal. The Building Inspector shall procure
from the Department of Public Works a list of designated streets over which the building
may be moved, The Building Inspector shall have the list approved by the Chief of
Police and shall reproduce the list upon the permit in writing. In making their
determinations the Department of Public Works and the Chief of Police shall act to
assure maximum safety to persons and property in the Village and to minimize congestion
and traffic hazards on public streets.
(4) Duties of Permit tee. Every permittee under this ordi...ance shall s
(a) Use Designated Streets. Move a building only over streets designated
for such use in the written permit.
Ordinance No. 176
Regulating the Moving of Buildings
Page Three
(b) Notify of Revised Moving Time. Notify the Building Inspector in
writing of a desired change in moving date and hours as proposed in the application,
(c) Notify of Damage. Notify the Building Inspector in writing of any and all
damage done to property belonging to the Village or any public utility within 24
hours after the damage or injury has occurred.
(d) Display Lights. Cause red lights to be displayed during the night time
on every side of the building, while standing on a street, in such manner as to warn
the public of the obstruction, and shall at all times erect and maintain barricades
across the streets in such manner as to protect the public from damage or injury by
reason of the removal of the building. Warning lights with open fl ames shall not be
used.
(e) Street Occupancy Period. Remove the building from the Village Streets after
two days of such occupancy, unless an extension is granted by the Building Inspector.
(f) Comply with Governing Law. Comply with the Building Code, the Fire Zone
Ordinance, the Zoning Ordinance and all other applicable ordinances and laws upon
relocating the building in the Village.
(g) Pay Upense of Officer. Pay the expense of a traffic officer ordered by
the Village Manager to accompany the movement of the building to protect the public
from injury.
(h) Clear Old premises. Remove all rubbish and materials and fill all excavations
to existing grade at the originai building site, if within the Village, so that the
premises are left in a safe and sanitary condition. All foundation structures are to
be removed to a depth of 18 inches below the finished grade of a lot.
(i) Remove Service Connection. Cause the sever line to be plugged with a
concrete stopper, and the water to be shut off if the original building is within the
Village. Permittee shall notify the gas and electric service companies to remove
their services.
(j) Completion of Remodel ing. If the building is relocated in the Village,
complete within 99days after removal, all remodeling, additions or repairs as show
on the plans accompanying the application.
Section 5. Liability of Permi ttee to Village.
(a) Permittee Liable for Expense above Deposit. The permittee shall be liable
for any expenses, damges or costs in excess of deposted amounts or securities.
(b) Original Premises Left Unsafe. If the original building site is within the
Village, the Village shall proceed to do the work necessary to leaving the original
premises in a safe and sanitary condition, where permittee does not comply with the
requirements of this ordinance, and the cost thereof shall be charged against the
cash deposit.
Ordinance No. 176
Regulating the Moving of Buildings
Page Four
Section 6. Appeal to Council. Any applicant to when a permit has been
denied by the Building Inspector may appeal to the Village Council. The applicant
shall submit a notice of appeal to the Village Clerk in writing, and the matter
shall be heard by the Council at a regular or special meeting to be held within
35 days after filing of the notice of appeal. The Council ray affirm, reverse
or modify the action of the Building Inspector.
Section 7. Penalty. Any person violating or failing to comply with any
proviSien of this Freir —sance shall upon conviction therof, be fined not to exceed
$300, or be imprisoned not exceeding 90 days. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall be punishable
as such hereunder.
Section 8. Date of Effect. This ordinance shall take effect and be in force
from and after its approval as required by law.
FIRST READ at a regular meeting of the Council of the Village of Eden Prairie
this day of
, 1972, and finally read, adopted and ordered published
at a regular meeting of the Council of said Village on this day of ,
1972.
Paul R. Redpath, Mayor
ATTESTI
SEAL
Edna M. Holiagren, -Clerk