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HomeMy WebLinkAboutCity Council - 11/14/1972MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, Noverber 14, 1972 7:30 P.M., Village Hall Members present were: Mayor Paul R. Reath, Councilmen Nesbitt, Cosmano, McCulloch and Councilwoman Joan Meyers. Also present were Village Manager, Robert P. Heinrich; Village Attorney, W. Harlan Perbix and Clerk, Edna M. Holmgren. I. BID OPENING: SALE OF $2,500,000 GENERAL OBLIGATION WATER AND SEWER BONDS Three sealed bids were received and opend, hoc Northwest for $2,468,125 net price, 5,0921 net interest rate, Juran & Moody, Inc., net price $2,456,450, net interest cost 5.1571 and Piper, Jaffray & Hopwood, Inc. net price, 2,459,250, net interest cost 5.1704. Bob Ehlers, Ehlers & Associates, Village Fiscal Agent and Finance Director John Frane retired to evaluate the bid tabulati on. II. MINUTES OF REGULAR MEETING OCTOBER 24, 1972 AND SPECIAL MEETING ON NOVEMBER 9, 1972. A motion was made by Mrs. Meyers to approve the minutes of October 24th with the following correction: Pam Eioht, Item B. Award of Bid. A motion was made by Mr. Nesbitt to award the bid for, etc. With this addition, Mr. Nesbitt seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to approve the minutes of • Special Meeting held on November 9th canvassing the Village Election Returns. Mr. McCulloch seconded. All voted aye. Motion carried. III. PUBLIC HEARINGS A. Shadow Green. Edenvale. Mark Z. Jones. Dick Putnam, Planner and Mr. Jones and Schwartz again reviewed the north and south sites in Shadow Green project. Mrs. Meyers questioned what the treatment would be on the north site where single family homes join the development. Kr. Peterson stated that a buffer area of greens would be provided. Mr. McCulloch questioned how many net acres were in the north site, Mr. Peterson replied that there were 12.58 net acres. Mr. Cosmeno questioned graduated density rather than more open space. Mayor Redpath asked about the time schedule; if the south site is to developed first, would it be possible that the single family lots on the north of the north site might not be built upon first. Mr. Peterson said that it could be but treatment of the site would still would still be handled as planned. Mr. Nesbitt questioned Mr. Jones hot long he would own these buildings in the two projects. He stated that he planned on at least 10 years °unship. Mr. Nesbitt felt that unless there is good maintenance the project would soon look shabby. He then questioned the Manager if the Village could have any Council Minutes November l4, 1972 Page Two control over this; the Manager replied that they could by adopting an ordinance demanding inspections on single as well as multiple dwellings. Mrs. Meyers questioned whether the Council was voting on the whole project at this time, the Manager stated that they were. She noted that she had discussed the Convenience Center with both Mr. Putnam and Mr. Peterson, Edenvale and she was still not convinced that it was a good project. She then read a list of her thoughts and ideas in a short review. Mr. Peterson stated that he felt that it is a major intersection with a good controlled entrance. He stated that the only other use would be another apartment complex but feels that this is a much better use of the property. He also feels that the pedestrian paths coming from King's Forest and Forest Knolls will serve this center well. Mr. McCulloch stated that he still feels that the Village does not have adequate fire protection equipment to serve this project, and will not have for a couple of years. Mr. Peterson stated that requirements for fire protection In the buildings have been upgraded. There being no further questions and/or cements, Mr. Cosenano closed the hearing and made a motion to rezone the north and south sites of Shadow Green from District Rural to RM 2.5. Mr. Nesbitt seconded. MeSsrs Redpath, Nesbitt, McCulloch, and Comm voted aye. Mrs. Meyers votedfio. Motion carried. . / , A motion was mode by Mr. Cosman o,-(o rezone th Convenience Center from District Rural to C -Comer ci a 1 Mr. Nesbitt seconded. On.-mel-l-ml4 , Messrs Reath, Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Motion carried. A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 192 rezoning the north and south sites of Shadow Green,and-the—firet reed4ng-ef—Oadimetweikr.--1134-peemiag-tbe-CesewemieneePEINWer. Mr. Colman* seconded. OrPEN:L.mil, Messrs Redpath, Nesbitt, McCulloch and Cosraano voted aye. Mrs. Meyers voted no. Motion carried. A motion was made by Mr. Cosmano to adopt Resolution No. 607 approving Preliminary Plat of Shadva Green. Mr. Nesbitt seconded. On roll call, Messrs Redpath, Nesbitt, McCulloch and Cowan* voted aye. Mrs. Meyers voted no. Motion carried. IV, PETITIONS. REQUESTS & COMMUNICATIONS A. Letter from Howard. Needles, Tannin & Beroandoff. Set Meeting Date. A motion was made by Pr. Nesbitt to set November 20th for a meeting date with the Council, Planning Comnission, Park and Recreation Commission and Howard, Needles, etal at 7 p.m. at Village Hall. Mr. Cosmeno seconded. All voted aye. Motion carried. Council Meeting November II,, 1912 Page Three B. Letter from G. M. Carter, Jr., Concerning Issuance of Liquor License requested by The Preserve. C. Letter from Donald R. Peterson Urging Adoption of Liquor Control, Ordinance and Issuance of Liquor License. A motion was made by Mrs. Meyers to receive and file a letter from The Preserve dated November 8th and one from Eden Land Corp. dated November 8th. Mr. ,Cosmano seconded. All voted aye, Motion carried. D. 'Letter from G. M. Carter, Jr. Requesting Extension of Trunk Sewer to Property South of Amsden Road and West of County Road 18 in 1971. E. Letter from Robert W. Hanson Concerning Sewer and Water Servict to Rosemount, Inc. Letters from T. M. Carter, Jr. and Robert W. Hanson reinvesting uti lities were received and filed. F. Duck Lake Area Util ities A petition was presented by Jeffrey K. Sundell, Boyd Avenue in regard to requests to the contractor for completion of work in the Duck Lake Area. Dave Husby, Rieke Carroll Muller and Associates consul tents on the project reviewed the problems that have been encountered. He related that work would be completed by December 1st, all of the pipe would be in the ground , and blacktopping al 1 roads. The Manager said that approximately 5014 yards of rock had been hauled IMO the difficult areas adding several thousand dollars to the cost. V. RESOLUTIONS AND ORDINANCES A. Resolution No. 608 Authorizing Sale of $2,500,000 G.O. Water and Sewer Bonds. Upon Robert Ehler's reconmendation, a motion was ode by Mr. Nesbitt to adopt Resolution No. 608 authorizing the sale of $2„ 500,000 G.O. Water and Sewer Bonds to Banc Northwest for $2,468,125 net price, 5.0921 net interest rate. Mrs. Meyers seconded., On roll call, all voted aye. Motion carried. B. Ordinance No. 186. Tree Diseases Ordinance. First Reading. Marty Jessen, Director of Parks & Recreation reviewed the proposed Tree Disease Ordinance which provides the Village with the safeguards and procedures for an effective program of tree mainterunce in Eden Prairie. Mr. Nesbitt and Mayor Reath both still question the advise- abi lity of transporting diseased trees within the Vil lage to the landfill. Mr. Nesbitt feels that the Pollution Control Agency should be consulted in order to receive permits to burn diseased trees, The Council rinuested the Manager to make formal request to the PcA in mare t o twi ll . The first reading of Ordfnance No. 186 was postponed to this Novarbor 28th meeting. Council Meeting November lie, 1972 Page Four C. Ordinance No. 189. Second Reading. Edenvale 5th Addition. Reclassification from District Rural to District RN 6.5. A motion was made by Mr. McCulloch adopting the second reading of Ordinance No, 189. Mr. Cosmano seconded. All voted aye unanimously. Motion carried. D. Ordinance No. 191. Second Reading. Reclassification of Hirsch Development Corp. • The Preserve from District Rural to District RN 2.5. A motion was made by Mr. Nesbitt adopting the second reading of Ordinance No. 191. Mrs. Meyers seconded. All voted aye unanimously. Notion carried. VI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Village Manager's Report: 1. Request of Hennepin County Highway Department for Plat Approval County Road 62 and Shady Oak Road. Resolution 609. The Manager reviewed the request by the Hennepin County Highway Department for plat approval of purchased land for the construction of Crosstown Highway (No. 62) 1.41i ch is remaining after the Crosstown was completed. A motion was made by Mrs. Meyers to adopt Resolution No. 609, Plat approval for Tract A, RU. Mr. Nesbitt seconded. All voted aye. Motion carried. 2. Final Plat Approval. Atherton Ist Addition. New Town. Resolution No. 610. A motion was made by Mr. Nesbitt to adopt Resolution No. 610, Final Plat approval for ATherton 1st Addition. Mr. Cosmano seconded. All voted aye. Motion carried. 3. Change Order #1. Brown-Minneapolis Tank & Fabricating Co. Section I, Baker Road Reservoir Sanitary Water Improvement. A motion was made by Mr. Nesbitt to approve Change Order #1 in the aeount of S780 to provide a safety cage on the outside reservoir ladder and metal platform and balcony rail around the platform as a result of the new Federal Occupational Safety & Health Act. Mrs. Meyers seconded. On roll call, all voted aye. Motion carried. Council Meeting November 14, 1972 Page Five 4. Change Order #3. Minn-Kota, Section 8 Sanitary Sewer Improvements. A motion was made by Mr. Cosmano to approve Change Order #3, Minn-Kota Section B in the amount of $11,084.62. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. 5. Change Order #1V-7. Orfei & Sons, Inc., Topview Sanitary Sewer and Water Improvements. This item was postponed until the November 28th meeting. 6. Change Order #1. McDonald & Associates, Inc., WTR 71.8-29 Trunk Water Mains. A motion was made by Mrs. Meyers to approve Change Order Al, McDonald & Associates, Inc. for trunk water mains WM 71-8-29. Mr. Cosmano seconded. On roll call, all voted aye. Motion carried. 7. Phase II Joint School/Village School Site Study. Donald Rippel. A motion was made by Mrs. Meyers to approve Phase II School Site Study with Donald Rippel in the amount of $2,500 to be equal! y shared by the Village and School District. Mr. Cosmano seconded. On roll cell, all voted aye. Motion carried. B. Village Attorney's Report: 1. Report of Semrad-Eggan vs. Village of Eden Prairie Court Case. Harlan Perbix, Village Attorney reported that the Distri ct Court had ruled that Ordinance No. 167 and Resolution No. 425 in regard to escrow deposit in the amount of $1,000 for on site systems not now being served by utilities was unconstitutional. He recommended that collections al read made should be repaid and no more be collected. He also recomnended that the Village does not appeal. • A motion was made by Mr. Nesbitt to accept the Village Attorney's recommendation. Mr. Cosmano seconded. All voted aye. Motion carried. 2. Report of Water Reservoir Site Land Acquisition. Mr. Perbix reported that he had been in contact with the attorney for Standard Oil Co. and that it appeared favorable that land acquisition can be made through normal procedures rather than condemnation. He stated he should have another report for the Council in a couple of weeks. Council Meet ing November 14, 1972 Page Six C. Village Clerk's Report: 1. Village Clerk's Recommended License Application List Dated November 14, 1972. A motion was made by Mr. Nesbitt to approve License Applications as follows: GAS FITTER iieTeWidre Plumbing, Inc. - Loren L. Brown Mill City Heating & Air Conditioning Co. - kin. H. Stevenson SEWER Morris Plumbing & Heating, Inc. - Daniel R. Morris West Suburban Utility Construction - Jack D. Van Remortel Mr. Cosmano seconded. All voted aye. Motion carried. 0. Director of Parks & Recreation Reports: 1. Holasek Option Extension. A motion was made by Mrs. Meyers to extend the option on the Holasek property until the LAWCON application is approved through December 1, 1972.with no additional cost, and place on the agenda of November 28th exercising t he option. Mr. Cosmano seconded. All voted aye. Motion carri ed. 2. Les Blacklodc Property, Anderson Lakes for Park Purposes. Taking of Option. Marty Jensen, Park & Recreation Director reviewed the Les Blacklock property on Anderson Lakes. It is located south of the North Anderson Lake off of Timber Trail on approximately 15 acres of rolling wooded land with approximately 3,000 feet of lakeshore. It is proposed to be used as public open space, a part of the 300 acre major coneunity park site at the Anderson Lakes. The appraised value is $82,080 for 13.68 acres of land. Mr. Nesbitt stated that he felt that the appraisel was too high and that perhaps another should be taken. A motion was made by Mr. Cosmano to take and option in the amount of $1,000 on the Les Bladclodc Property extending to March 15, 1973. Mr. Reath seconded. On roll call, Messrs Reath and Cowmen° and Mrs. Meyers voted aye. Mr. McCul loch and Mr. Nesbitt voted no. Motion carried. 3. Wayne Brown Property. Anderson Lakes for Park Purposes. Takina of Opt ion. Marty Jensen, Park & Recreation Director reviewed the Wayne Brawn property on Anderson Lakes. It is located east of South Anderson Lake along County Road 18 on approximately 7.5 acres of gently rolling, partially wooded land Council Meeting November 14, 1972 Page Seven with 1,230 feet of frontage on County Road 18. The area includes the house, garage and barn. It is proposed to be used as public open space, a part of the 300 acre major ccemunity par-k site at the Anderson Lakes. The appraised value is $90,550 for 7.5 acres and improvements. Mrs. Meyers made a motion to take an option on the Wayne Brown property in the amount of $5,000 to extend to January 5, 1 972. Mr. Cosmano seconded. On roll call, Messrs Redpath and Cosmano and Mrs. Meyers voted aye. Mr. McCulloch and Mr. Nesbitt voted no. Motion carried. VII. FINANCES: A. Cash and Investment Report. A motion was made by Mr. Nesbitt to accept the Cash i Investment Report dated Novearber 14, 1972. Mr. Cosmano seconded. All voted aye. Motion carried. 8. Payment of Claims. A motion was made by Mrs. Meyers to approve for payment claims 11035 through 11209. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. Meeting adjourned at 12:35 a. m. tea N. Holegren, Clerk Y / _e.......,:72—,e, 3/ 7 ,,,c;_,L--t4--- 1 ‘4- /.-).../.4„,j1-1/,,,,...) ",--74"--,-."--- -'-'-.4--1. n:74-...)-C44, . . _44 t7.4., ..c.:4:4_,--,<-/ )e-i .f ,'," c_., '14= --1‹-c,..., A-4. 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MINUTES OF REGULAR MEETING HELD OCTOBER 24, 1972, and SPECIAL MEET(NG HELD NOVEMBER 9, 1972. (U. PUBLIC HEARINGS P. Shadow Green by Mark Z. Tones in Edenvale. (continued) Action:1 1. Motion approving rezoning North Site and South Site from District Rural to 144 2.5 and rezone Convenience Center from District Rural to C-commercial, or deny. / 2. First reading of Ordinance N 1 aid 0.44, on No. 607 to change Preliminary Plat of Shadow Green, Edenvale Second Addition. IV. PETITIONS, RECUESTS ;*, COMMUNICATIONS / A. Letter from Howard, Needles, Tammen 6, Bergendoff to set meeting. (Attached) Action: Set time and date to meet with HNTB, consultants for the State Highway Department to discuss preliminary layouts and possible ultimate locations for T.H. 212. ( B. Letter from G. M. Carter, Jr., concerning issuance of liquor license as recniested by The Preserve. (Attached) Action: Receive and file. Council Agenda November 14, 1972 Page Two N. PETIT ONE', RECIJESTS COWN/IUNTATtONS (Cont.) C. Letter from Donald R. Peterson urging adoption of liquor control ordinance and issuance of liquor license. (Attached) Action: Receive and file. D. Letter from G. M. Carter, Tr. requesting extension of trunk sewer to property south of Amsden Road and west of Co .Rd . 18 in 1973. (Attached) Action: Reoaive and file. E. Letter from Robert W. Hanson concerning sewer and water service to Rosemount nc. (Attached) Action: Receive and file. V. RESOLUTIONS AND ORD'NANCES A. Resolution No. 608 authorizing sale of $2,500, 000 G.O. Water and Sewer Bonds. Action: Motion adopting Resolution No. 608 authorizing, selling, and establishing the terms of $2,500,000 General Obligation Water and Sewer Bonds (Series 4). B. First reading - Ordinance No. 186, Tree Diseases Ordinance Action: Motion approving the First Reading of Ordinance No. 168. ./ C. Second Reading - Ordinance No. 189, Edenvale 5th Addition reclassi- fication from District Rural to District RM 6.5. Action: Motion approving Second Reading of Ordinance 3e( i89. D. Second reading - Ordinance 0. 191 dlassification of Hirsch Development Corp. in The District Rural to District RM 2.5. Action: Motion approving Second Reading of Ordinance No. 191. V. REPORTS OF OFFICERS, BOARDE AND COMMISE:ONS A. Village Manager's Report: 1. Request of Hennepin County Highway Department for plat Council Agenda November 19, 1972 Page Three REPORTS OF OFF'CERS, BOARDS AND COMM ESONS Cont)( A.). (cont.) approval (Co. Rd. 62 and Shady Oak Road). (Report att.) Action: Motion adopting Resolution No. 609 approving plat approval in order to shorten the legal description. Nal 2. Final plat approval and signature, Atherton 1st Addition, New Town. Action: Motion adopting Resolution No 61 altairl-g PE)inal plat approval, Atherton 1st Addition, ew Town. N; 3. Change Order #1 for Brown-Minneapolis Tank & Fabricating Co. on Section 1, Baker Road Reservoir sanitary water improvements. Action: Motion approving Change Order #1, Brown-Minneapolis Tank and Fabricating Co. / 9. Change Order f3 for Minn-Kota on Section B, sanitary sewer improvements. Action: Motion approving Change Order #3, Minn-Kota. / 5. Change Order 4tV-7 for Orfel & Eons. inc. on Topview Sanitary Sewer and Water Improvements. Action: Motion approving Change Order itiV-7, Ode' & Sons Inc. 6. Change Order_#1 for McDonald & Associates, Mc . for Contract NTR 71-8-29, Trunk Water Mains. Action: Motion approving Change Order 4k1, McDonald & Assoc., / 7. Discussion of Phase it of contract with Donald Rippel on a Joint School-Village School Site Study. Action: Motion authorizing Phasellof contract with Donald Rippel at a cost of $2 ,500 - expenses to be equally shared by the Village and School District. B. Village Attorney's Report: 1. Report of Semread-Fagan vs. Village of Eden Prairie court case. /2. Report of Water Reservoir Site Lend Acquisition. Council Agenda November 19, 1972 Page Four VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (cont.) C. Village Clerk Reports: 1. Village Clerk's recommended License Application List dated November 19, 1972. (List attached) Action: Motion approving License Application List dated 11/14/72. 1V irector of Parks St Recreation Report: 1. Ho lasek option extension. Action: Motion extending Holasek extension. 1/ 2. Recommended taking of option to acquire .1.11illack1ock property et Anderson Lakes for Park Purposes. (Report attached) Action: Motion authorizing acquisition of Les Blacklock property. 1 3. Recommended taking of an option to acquire Wayne Brown property at Anderson Lakes for park purposes. (Report attached) Action: Motion authorizing acquisition of Wayne Brown property. VII. FINANCES: A. Cash and Investment Report. Action: Motion accepting Cash and rnvestment Report. B. Payment of Claims. Action: Motion approving payment of Claims. // oc; - I /7,0'7 VIII. ADTOURNMENT RATE YEARS 4.00% 4.50% 4.75% 4.90% 5.00% 5.10% 5.20% 5.25% NET INTEREST COST & RATE PRICE 1976/77 $1,615,493.75 $2,468,125.00 1978/83 1984 5.0921% 1985 1986/87 1988 1989 1990/92 NAME OF BIDDER BANC NORTHWEST Minneapolis, Minnesota LYN l.na s-14400,-(02A.) BID TABULATION $2,500,000 G. 0. SEWER & WATER BONDS VILLAGE OF EDEN PRAIRIE, MINNESOTA SALE: TUESDAY, NOVEMBER 14, 1972 AWARD: BAK NORTHWEST, ;;LiAAPOLIS, MINNESOTA JURAN & MOODY, INC. American National Bank & Trust Co. St. Paul, Minnesota Merrill Lynch, Pierce, Fenner & Smith, Inc. New York, New York Miller & Schroeder Municipals Inc. Paine, Webber, Jackson & Curtis Minneapol is, Minnesota Hornblower & Weeks, liemphi 1 1 , Noyes Chicago, Illinois Reynolds Securities, Inc. White-Weld & Company Minneapolis, Minnesota Channer Newman Securities, Inc. Chicago, Illinois E. J. Prescott & Company Robert S. C. Peterson, Inc. Minneapolis, Minnesota 4.00% 4.10% 4.25% 4.40% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 5.10% 5.15% 5.20% 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985/86 1987 1988 1989/92 S1,636,112.50 5.1571% $2,456,450.00 EHLERS AND ASSOCIATES, INC. Financial Consul tnats to the Village (continued on following page) - Bid Tabulation Page 2 $2,500,000 G. 0. Sewer & Water Bonds Village of Eden Prairie, Minnesota Sale: Tuesday, November 14, 1972 NET INTEREST COST NAME OF BIDDER RATE YEARS & RATE PRICE PIPER, JAFFRAY & HOPWOOD INC. Al 1 i son-Wi 11 i ams Conpany Uain, Kalman & Quail, Inc. First National Bank of Minneapolis Minneapolis, Minnesota First National Bank of St. Paul St. Paul, Minnesota John Nuveen & Co., Inc. Chicago, Illinois Shearson, Hamlin & Co., Inc. New York, ilew York Robert W. Baird & Co.. Minneapolis, Minnesota Ca1d4ell-Phi11ips, Inc. St. Paul, Minnesota 4.00% 4.10% 4.25% 4.40% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 5.10% 5.20% 5.25% 1976 1977 1978 19 79 1980 1981 1982 1983 1984 1985/86 1987 1988/89 1990/92 $1 ,640,312.50 5.1704% $2,459,250.00 EHLERS AND ASSOCIATES, INC. Financial Consultants to the Village First National-Soo Line Concourse 507 Marquette Avenue Minneapolis, Minnesota 55402 Telephone: 339-8291 Area Code: 612 DOW-JONES BOND INDEX 5.07% Municipal Bond Yield THE WALL STREET JOURNAL Monday, Novether 13, 1972 I. MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, October 24, 1972 7:30 p.m., Village Hall Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, McCulloch and Councilwoman Joan Meyers. Also present were Village Manager, Robert P. Heinrich; Village Attorney, bt Harlan Perbix and Clerk, Edna Holmgren. MINUTES OF OCTOBER 10, 1972 MEETING A motion was made by Mrs. Meyers to approve the minutes of October 10th as written. Mr. McCulloch seconded. All voted aye. Motion carried. PUBLIC HEARINGS A. Edenvale 5th Addition. Eden Land Corp. Reclassification from District Rural to District RM 6.5. First Reading, Ordinance No. 189. Preliminary Plat Approval, Resolution No. 591. The Village Manager reviewed a letter dated October 19, 1972 from Eden Land Corp. in regard to the slope lying on the west edge of Edenvale 5th Addition and adjacent to the Purgatory Creek park system. Mr. Donald Peterson stated in the letter that they would commit to placing an item in the protective covenants wilich will prohibit the construction of any building or fence of any kind other than natural plantings from being constructed upon this slope. Village Attorney, Harlan Perbix stated that this was a private restriction, that people buy with restrictions on property in the plat. Mrs. Meyers stated that she felt the covenant was hard to enforce and that she would still like the tree line used. Mr. McCulloch related that he has discussed the plat with the residents of Millcrest and the consus of opinion was that it was acceptable as laid out. Doug Donovan, N. Hi Ilcrest Ct. stated that he did not want the road extended accross the creek and felt the covenant was acceptable if enforcible. Mr. Peterson replied that Eden Land Corp. does not plan to cross the creek, still feels the walkways are sufficient. Mrs. Meyers questioned whether the covenant prohibits steps on the slopes, Mr. Peterson replied that it did not. She also asked if variances on lots would be acceptable, Mr. Peterson replied that it could be but that the reduced lot size would lessen the sales value. There being no further questions and/or comments Mr. Nesbitt made • motion to close the hearing and reclassify Edenvale 5th Addition from District Rural to District RN 6.5. Mr. McCulloch seconded. Messrs Redpath, McCulloch and Nesbitt and Councilwoman Meyers voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 189. Mr. McCulloch seconded. All voted aye. Motion carried. A motion was made by Mr. McCulloch to adopt Resolution No. 591 approving the preliminary and final plat with covenants as stated in Eden Land Corp. letter of October 19th. The covenants are to be forwarded to the Village Attorney. Mr. Nesbitt seconded. Messrs Redpath, McCulloch and Nesbitt and Councilwoman Meyers voted aye. Notion carried. Council Meeting October 24, 1972 Page Two B. Warren Shultz. Two Acre Subdivision East of County Road #4 Between Kurtz Lane and Park Terrace Drive. Rezoning from District Rural to District RI 13.5. Preliminary Plat Approval. Several residents in the Paradise Valley area appeared to discuss the Warren Shultz subdivision. The Mayor informed them that the Planning Commission had recalled the proposed plat for further study. The Village Planner, Dick Putnam stated that the reason for recalling was that the land to the east was available for sale. A resident asked If they could be notified when this item was placed on the Planning and Zoning and the Council agenda, the Mayor stated that it would be done. A motion was made by Mr. Nesbitt to continue the hearing on the Warren Shultz subdivision until the Planning Commission sends its recommendation to the Council. Mrs. Meyers seconded. All voted aye. Motion carried. C. Edenvale Industrial Park 2nd Addition. Final Plat Approval. Resolution No. 600. A motion was made by Mr. Nesbitt to adopt Resolution No. 600 approving the final plat of Edenvale Industrial Park 2nd Addition. Mrs. Meyers seconded. All voted aye. Motion carried. 0. Hirsch Development Corporation. The Preserve. Reclassification from District Rural to District RM 2.5. Ordinance No. 191. First Reading. Preliminary Plat Approval. Resolution No. 601. Mr. Bill Bonner and Don Rippe] presented and reviewed the Townhouse/patio homes proposed in lots 6 and 7 in The Preserve, Phase I and rezoning the entire 25 acre parcel. The plan utilizes small, private cul-de-sacs with approximately 30 units served from Neill Lake Road. The exception is the large cluster on the hill to the east where 56 units use a 1,500 foot long cul-de-sac with access onto Franlo Road. Parking is provided for the townhouse/patio home units with 3.3 spaces per unit. The enclosed parking is 1.5 per unit. Recreational vehicle storage Is in the enclosed garages which also function as walls for play areas. Mr. Rippel stated that the public pathway along the Olympic Hills Golf Course should not create a conflict if the choice of materials used for separation is well suited. The public and Hirsch residents will not be able to walk on the fairways. Natural barriers such as ponds and water channels combined with low bushes would provide the boundary line. Mayor Redpath asked if the edge of the golf course should not be fenced. Mr. Rippe] felt that there would probably not be a problem as it is a par 3 hole. He thought possibly the Village would want some protection when pathways are planned later on and that something could be worked out with the golf course. Mrs. Meyers questioned whether the units would be for sale or rented. Mr. Rippe] replied that they would be for sale in the $27,000 to $33,000 price range. Mr. McCulloch then stated that he thought that the booklet suteitted by Hirsch Development Corp. was done well and the person or persons responsible should be assmended. Council Meeting October 24, 1972 Page Three There being no further questions and/or comments Mrs. Meyers made a motion to approve the reclassification of the Hirsch Development in The Preserve from District Rural to District RM 2.5. Messrs Redpath, McCulloch and Nesbitt and Councilwoman Meyers voted aye. Motion carried. A motion was made by Mrs. Meyers to adopt the first reading of Ordinance No. 191. Mr. Nesbitt seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. 601 approving the preliminary plat, Hirsch Development Corp., The Preserve, First Phase. Mrs. Meyers seconded. All voted aye. Motion carried. E. Shadow Green. Mark Z. Jones. Edenvale. Rezone North and South Site from District Rural to RM 2.5 and rezone Convenience Center from District Rural to C-commercial. Ordinance No. 192. First Reading. Preliminary Plat Approval. Resolution No. 607. Don Peterson, Eden Land Corp., Mark Z. Jones, Dick Schwartz, Architect and Jim Robins, Landscape Architect presented and reviewed the Shadow Green project in Edenvale near the Valley View and Baker/Mitchell roads intersection. The plan consists of 3 sites, the north and south rental apartment project and the neighborhood commercial center. Buildings in the north site are proposed of wood frame, 3 story with basement underground parking. Each building will be served by elevators that feed double load central corridors. Each structure will have about 70 units of varied unit type. Balcony space is provided for each unit. The south site will have a different approach because of the steep slopes and mature trees. The units will be thru-building, like a town- house with at least two sides exposed. Entry to the units will be by a stair tower serving six units each with a separate entry. The uphill buildings will be three storys of wood frame construction with a balcony and views over the golf course. The Convenience Center is proposed as an auto, quick service neighborhood center. The access to the center will be limited since no median cuts will be allowed on Mitchell with only one on Valley View. The basic use of the corner as a commercial site is an obvious choice cite to its high exposure to two community streets. The southeastern quadrant of the intersection will have a community commercial shopping center. The other corners will complement that center by supplying non-commercial uses, church and housing. There are 50 parking spaces provided on the site, the spaces divided into small lots. Smaller landscaped parking areas are more easily landscaped. The buildings will be of masonry with a brick exterior. Glass and wood will be used for entry and window facades. The roof over the gas pumps will have wood trim running between the building and the fin well towards the road. Dick Putnam, Village Planner felt that these details were important because the structure is contemporary, with strong massing forms for the garage and grocery. He also suggested that detailed building designs be approved by the planning staff prior to granting a building permit, that detailed landscape plans also be submitted and that all parking areas will be adequately screened with earth or plant material. Council Meeting October 24, 1972 Page Four Mrs. Meyers questioned if the Planning Department had checked with the Fire Department on wood franc construction with garage in the basement. The Mayor asked if the present equipment that the Fire Department has could handle this type of construction. Jack Hacking, Director of Public Safety stated that the present tovmhouses could not be reached with present equipment. The Manager added that aerial equipment could be placed in the 1974 or 1975 budget. Dick Putnam, Village Planner suggested that the Village could use other mown' ties on these calls. Mr. McCul loch noted that he had a real concern for this type of housing, fel t that it was a little intense for the area and not in keeping with the single family type of homes nearby. Mr. Don Peterson, Eden Land Corp. replied that the site is almost surrounded by the golf course and that the development is planned close to the core of Edenvale for this type of density. He feels that it is of medium density. Mrs. Meyers questioned how many units would be on the north site and the south site of the project. Richard Schwarz replied that there are 212 units proposed in the north site and 180 in the south. She stated that she felt that the parking sites on both north and south were offensive. Mr. Schwarz replied that they had tr:ed to face all of the units to the golf course with parking units in the center with trees and berms to break up the expanse. Mrs. Meyers asked if each unit would have and inside parking space and Mr. Schwarz said they they would. Mr. Nesbitt asked about estimated rental rates. Mr. Schwarz said that the units would rent from $185 to 200 for 1 bedroom, $225 to 250 for 2 bedroom and up to $300 for three bedroom. Mr. Nesbitt asked where construction would start, Mr. Schwarz replied that it would be in Phase I in the south site. Mr. Putnam stated that he thought it was a well done project for this site and that Edenvale was providing a wide range of types of rental units. Wolf Penzel, Barberry Lane questioned if the north and south sites could be separated for approval. Mr. Nesbitt replied that when the PUD was accepted both sites were approved. The Village Manager stated that he had raft with both Edenvale and The Preserve in regard to their PUD's anclAiciiagclion of density.and open space. He stated that they must have the density in order to develop with the open space requested by the Village. Mrs. Meyers requested time to be able to study the shopping center area. Mr. McCulloch stated that he would like to go over the site. A motion was was made by Mrs. Meyers to postpone action on this matter until the Noverber li•th meeting. Mr. McCulloch seconded. All voted aye. Motion carried. Council Meeting October 24, 1972 Page Five PETITIONS, REQUESTS & COMMUNICATIONS A. Crown Auto Stores, Inc. Municipal Industrial Developmen t B o n d s . The Manager related that the Village had made applicatio n f o r a p p r o v a l of Municipal Industrial Revenue Bonds with the State of M i n n e s o t a , Department of Economic Development for approximately $1 , 3 4 5 , 0 0 0 . H e noted that land acquisition and site development in the a m o u n t o f $ 1 8 5 , 0 0 0 , construction contracts for $787,700, equipment acqui s i t i o n a n d i n s t a l l a t i o n for $169, 088 with the remaining for architectural and e n g i n e e r i n g f e e s , legal fees, interest during construction, rent reserve a n d m i s c e l l a n o u s are estimated. Construction will begin on or about Novem b e r 1 5 , 1 9 7 2 with completion on or about May 15, 1973. The tentativ e l e a s e t e r m w i l l be 20 years commencing November 1, 1972 and the tenant w i l l h a v e t h e o p t i o n to purchase the project for a nominal value upon expir a t i o n o f t h e l e a s e term, The Manager recommended that all points in the guidelin e s o f R e s o l u t i o n No. 596 have been met to his satisfaction. The Village A t t o r n e y s a i d that he had received the trust agreement and lease agree m e n t . H e t h e n read a letter from Oain, Kalman & Quail Inc. stating their in t e n t i o n at the appropriate time to submit to the Village their wr i t t e n p r o p o s a l for the purchase of the bonds. Resolution No. 604 was reviewed by Mr. Perbix in regard to various documents that need to b e a c t e d u p o n . Mayor Redpath stated that he had had reservations about the V i l l a g e ' s involvement with Municipal Industrial Development Bonds b u t t h a t t h e guidelines i s Resolution No. 596 were most helpful and that he tho u g h t thi s was a good way to get good industry in Eden Prairie. Mrs. M e y e r s questioned why these bonds were handled differently, do t h e y h a v e t o be offered for sale publicly? Jerome Donndelinger, Dein K a l m a n r e p l i e d that the principal and interest are not paid by the Vill a g e h e n c e t h e r e would be no public sale. There being no further questions or comments, Mrs. Meye r s m a d e a m o t i o n to adopt Resolution No. 604 approving various documents in regard to the Crown Auto Stores, Inc. Municipal Industrial Developm e n t B o n d s . M r . N e s b i t t seconded. On roll call, all voted aye. Motion carried . B. Petition from G. M. Carter, Robert Nattoele. Jr„ Joh n T e m a n , B r u c e Bernet and Arthur D. Hyde for Water and Sewer Service and Design and Construction of Ring Route. The Manager reviewed and presented petitions from vari o u s l a n d o w n e r s i n the Ring Route area.in regard to seer and water servic e a n d d e s i g n a n d construction in the Ring Route. Mayor Reath questione d h o w f i r m a coawnittnent The Preserve has with flomart. Mr. Carter replied that they must have zoning, water and sewer and road accesses. H e s t a t e d t h a t T h e Preserve and Hoven were meeting with the highway department on October 31st and the middle of November with the Council and ?tanager informally. IV. V. Council Meeting October 24, 1972 Page Six A motion was made by Mr. Nesbitt to accept the petitions and order an engineering-feasibility study of the Ring Route. Mrs. Meyers seconded. All voted aye. Motion carried. C. Letter from Donald R. Peterson, President, Eden Land Corporation. Trunk Sewer and Water Assessment for Edenvale. A letter from Eden Land Corporation in regard to trunk saver and water assessments was received and referred to the staff. D. Eden Land Corp. Request for Liquor License for Restaurant in Edenvale. Mr. Don Peterson reviewed their request for a liquor license but will wait until a later meeting when an ordinance I s adopted for a formal request. RESOLUTIONS AND ORDINANCES A. Resolution No. 593. Setting Bond Sal e Date. A motion was made by Mr. Nesbitt to adopt Resolution No. 593 setting November 14, 1972 at 7:30 p.m. for the sale of $2,500,000 in bonds. Mrs. Meyers seconded. All voted aye. Motion carried. B. Hiqhpoint Addition II, The Preserve. Second Reading of Ordinance No. 190. A motion was made by Mrs. Meyers to adopt the second reading of Ordinance No. 190 and order published. Mr. Nesbitt seconded. All voted aye. Motion carried. C. Establishing Charges for Equalizing Trunk Sewer and Water System Assessments. Second Reading of Ordinance No. 187. A motion was made by Mrs. Meyers to adopt the second reading of Ordinance No. 187 and order published. Mr. Recbatta seconded. All voted aye. Motion carried. PEPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Village Manager's Report 1. Notice of Appeal of Special Assessments by Suburban Hennepin County Area Vocation-Technical Schools. The Notice of Appeal of Special Assessments was referred to the Village Attorney, Mr. Perbix. 2. Village Council Approval of Request for Department of Public Safety Radio Service with Hennepin County. Resolution No. 605. A motion was made by Mr. Nesbitt to adopt Resolution No. 605 authorizing the Mayor and Manager to sign a Police Radio Service Agreement.with Hennepin County mobile two.wey radio communication units for four , automobiles at a charge of $125 for each unit for the year 19 1 3 Deg Inning Council Meeting October 24, 1972 Page Seven January 1st and participate in the mobil teleprinter program. Mr. Redpath seconded. On roll call,all voted aye. Motion carried. 3. Change Order #1 for Lametti and Sons, Inc. on Section I Sanitary &wer and Watermain Improvements. A motion was made by Mr. Nesbitt to approve Change Order No. 1, Lametti and Sons, Inc. for Section I, Sanitary Sewer and Watermain in the amount of $6,559.72. Mrs. Meyers seconded. On roll call, all voted aye. Motion carried. 4. Reply from Minnesota Department of Highways. Request for Westbound Off-Ramp from 1-494 to TH 169-212, Heritage Road and Highway #5 Turn Lane and Vo-Tech School Turn Lanes on Highway 169. A letter dated October 5, 1972 from the State of Minnesota, Department of Highways stating that Resolutions 575, 577 and 573 in regard to the above quests had been received and reviewed. It will be placed on file. 5. 1973 Village Budget. (1) Resolution No. 602 Certifying 1972 Tax Levy Collectable in 1973. Anmtion was made by Mrs. Meyers to adopt Resolution No. 602 certifying the 1972 Tax Levy collectable in 1973. Mr. Redpath seconded. On roll call, all voted aye. Motion carried. (2) Resolution No. 603 Approving 1973 Annual Budget. Amotion was made by Mr. Nesbitt to adopt Resolution No. 603 approving the 1973 annual budget. Mrs. Meyers seconded. On roll call, all voted aye. Motion carried. 6. Resolution No. 606. Authorize Acquisition of Lands for Water Reservoir Site Either by Purchase or Condemnation. A motion was made by Mrs. Meyers to adopt Resolution Mo. 606 authorizing acquisition of lands for the Water Reservoir Site. Mr. Nesbitt seconded. All voted aye. Motion carried. V I. FINANCES A. Payment of Claims No, 11024 through 11034. A motion was made by Mrs. Meyers to approve payment of claims 11024 through 11034 for payment. Mr. Nesbitt miconckmi. On roll call, all voted aye. Motion carried. Council Meeting October 24, 1972 Page Eight B. Award of Bid. Temporary Office Facilities. A motion was rsadyro award the bid for tenporary office facilities to Wicks lienos/Inc., Jordan, Minnesota in the amount of $10,200. Mr. Redpath seconded. On roll call, all voted aye. Motion carried. Meeting adjourned at 12:45 a.m. Edna M. Molmgren, Clerk SPECIAL COUNCIL MEETIt41 VILLAGE OF EDEN PRAIRIE November 9, 1972 The meeting was called to order by Mayor Redpath at 724 p.m. Present wain Mayor Redpath, Councilmen Nesbitt, Cosmano, McCulloch and Councilwoman Meyers and Manager Robert P. Heinrich. CANVASS OF VILLAGE ELECTION RETURNS . November 7. 1972. A motion was made by Mr. Nesbitt and seconded by Mr. McCulloch to certify themlection returns as presented by the election judges. All voted aye. Motion carried. District I District II District III TOTAL Registered Voters 1,280 1,400 1,027 39 03707 Votes Cast 1,071 1,101 811 2, InfddrInfrlds*********A*MWr COUNCILMAN Didc Feeridc Wolf Penzet WRITE-INS Dick Ehlen Cecil Martin Harlan Vooge Keith Karesek John Frank Bob Brown Robert T. Brown Bob T. Brown Mrs. Geraldine Beckman Marjorie Hladcy Barri 1 Peterson Billy Bye Allan Upton Harry Picha Dick Lynch O. E. Warner Art Miller Joe Flesher Osterholt Ernie Hone Don Rogers Helen Fowler Guy D. Jones MIK Mike Brown 377 628 534 505 1 2 1 297 1,208 452 1,585 S Special Council Meeting November 9, 1972 Page Two District I District II District III TOTAL Dill Anderson Total s 1 I 1,016 1,045 759 2,820 Meeting adjourned at 7126 p.m. Idea M. Holegren, Clerk C HOWARD. NEEDLES.TAMM EN & BERGENDOFF CONSULTING EN GINEERS HNTB 1> PAR-ruins H . C.LAMSIDTON.JR. JANIS I. HMI HAUL L. NONICIAM JOSEPH N. LOOPIER ROHM" *CRAWS* S EAWARD N.ROTTINIDIAUR ?MERANO P. CON WILLIAM PA WACWITA 11000011010 CROW CHARLES T. NEHMICAN VAMP 111.JONNIION D ANIEL LI. NORMS 11750 FRANCE AVENUE SOUTH, mionmokrous, MINNESOTA 01435 TELEPHONE: CODE DIE, ORO•M•C October 18, 1972 ASSOCIATES RED H. WHITTON DANIEL J. APRIL DANIEL J. SIMOM ADVISORY ISONID PRISM N. IMRDINDOIT EXIIM ELUDE INUL THEODORE J CARSON MAIER IL TIMM Joey, CORM Mr. Robert P. Heinrich Village Manager Village Hall 8950 County Road 4 Eden Prairie, Minnesota 55343 ERNEST R. HOWARD NCO • IMO HENRY C. TANNIN WC* • WM MANN R. SUOMI 1E41 • MGR CARL L. ERE Wm • DOI ENOCH PI. NIMIDEE WO • WM Re: Relocation Study of T.H.'s 212 and 41 Dear Mr. Heinrich: We appreciated the opportunity to meet with you and Kr. Putnam on October 17th and briefly discuss the preliminary layouts that have been developed as possible alternate locations for T.H.'s 212 and 41. The prints left with you show the proposed alignment and profile for each alternate. As mentioned, we are attempting to meet informally during the coming weeks with the staffs, planning commissions and/or councils of each comity in the study area and any others whom we feel might have an interest in the future location or design of these routes. At such meetings we intend to review and explain the alternates, to answer questions that may arise, and then to solicit review comments. Input thus received will be used to sake any necessary revisions to the alternates before work begins on preparation of the draft Environmental Impact Statements. Should the Village be interested in scheduling such a meeting, please suggest a convenient date. If not, we would appreciate receiving byj November any review comments that the Village might wish considered at this stage in the study. Consents relating to any features of the alternates that are considered unacceptable by the Village, or suggestions regarding additional alternates, would be particularly helpful. Thank you for your cooperation. Very truly yours, HOWARD, NEEDLES, TANNER êBERDENDOPP Richard D. Beckman RDIS/jeb cc: Mr. B. E. McCarthy, MHD Mr. Duane Brown, )D-Dist. 5 ALRIMMENNA.wleaw. ma. .0n111•• MAWR RATON NOM LIAR PANWIE&A NOR ARDIM 104111110110 ea.. WASI.MINIIS WOW IMMO Mr PPOISAMAMO eaftellilela IRK VINNOIA 01/1111111111111 f**00"*.f WPM OMAN WPM 11111.1111010 November 8, 1972 Honorable Mayor Paul R. Redpath & Village Council VILLAGE OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Attention: Mr. Robert P. Heinrich, Village Manager Gentlemen: Several years ago THE PRESERVE filed a request with the Village of Eden Prairie for a Liquor License. The reason for this letter is t o again state our desire and need for a license. There have been several requests for liquor Licensee, and it is m y understanding that the number limed will be limited. I think T H E PRESERVE was the first to Me. Sincerely, THE PRESERVE "Y•rn G. M. Carter, Jr. President CARTER & GERTZ, INC. GMC I call /DEN LAND CORP. IMO Valley View Road - Eden Prairie, Minn. 55343- Tit 612/941-3300 November 8, 1972 Honorable Mayor and Village Council Village of Eden Prairie c/o Bob Heinrich, Village Manager 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Gentlemen: In the matter of a liquor ordinance for the Village of Eden Prairie I wish to encourage the council to consider this and to adopt a liquor control ordinance as soon as possible. Eden Land Corporation are of the opinion that a strong market presently exists for a good restaurant with liquor facilities along the TM 15 strip in Eden Prairie. We have investigated potential sites for the construction of a res- taurant and have determined that a very desirable site for such a facility ex- ists along Mitchell Road just north of TM 15. Lot 1, Block 3 of Edenvale In- dustrial Park in our opinion offers an ideal site for a good restaurant. It of- fers excellent accessibility without the problem of creating entrances or exits directly unto TM 15. This site offers exceptionally good exposure from Mitchell Road and Martin Drive which may present a site problem for Industrial uses. Eden Land Corporation has entered into a purchase agreement with an experienced restaurant operator who wishes to build a nice restaurant with liquor service upon this site. This agreement is contingent upon receiving approval of the Village of Eden Prairie for the issuance of a license at this location. Mr. John Suback the proposed operator wishes to be under construction with a building in early spring. I am hereby requesting that the Village council proceed with the establishment of a liquor ordinance and that a liquor license be issued at this location. Up- on the completion of the proposed requirements for a liquor license by the Village, The planning for construction and presentation to the planning com- mission will be started. The process of planning, obtaining Village approval of plans and financing will most likely take four to six months and Mr. Subunit is interested in building next spring so I respectfully request your earliest action on this matter. If you wish any more information regarding this request, I will be glad to meet with you. Yours truly, EDEN LAND CORPORATION , 'Donald R. Peterson President DRP:blt 1 October 18, 1972 Mayor Paul Redpath and Village Council VILLAGE OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Mitmeeota 55343 Attention: Mr. Robert Heinrich, Village Manager Gentlemen: THE PRESERVE is planning to develop its property south of Amsden Road and west of County Road 18.in 1973. The trunk water is avail- able to the western most portion of this property. However, the aforementioned property has no trunk sewer facility. Therefore, we request that the Village of Eden Prairie extend its trunk sewer to this property early in 1973. We will work with the Village engineering staff to accomplish a satisfactory solution. Very truly yours, THE PRESERVE (;) yvNCa givL, G. M. Carter, Jr. President CARTER & GERTZ, INC. GMC /cml frip A Total Enekonment Commelty — 1O20 Rage Rd., Edo Pak% MM. — 941.2001 ROSEMOUNT INC., POST OFFICE BOX 36129 / MINNEAPOLIS, MINNESOTA 55435/ TEL (612) 9414560 TWX; 910-576-3103 TELEX: 294163 October 27, 1972 Honorable Paul Redpath, Mayor 16308 Lincoln Lane Eden Prairie, Minnesota 55343 Dear Paul: Our company is considering a significant plant expansion. One of the sites being considered is adding to the Eden Prairie facility. This expansion must be ready to occupy less than a year from now. Unfortunately, we have an obstacle in our way here in Eden Prairie. It is "sewer and water." As you may recall, during 1972 we installed a com- plete sprinkler system throughout our whole building on the strength of verbal commitments to get village water. Unfortunately, delays in development in the northeast part of the Village made it uneconomical for the Village to run the water lines in 1972. We were told that six months' to a year's delay would occur, This would mean that, by 1 August 1973, water would be in, Our well capacity is not a problem in expansion but we need the pressure from the vil- lage system to achieve the best fire insurance rates. More important to our expansion is sewer, since our present private system isn't adequate to handle the building expansion planned. We want city sewers as the most effective way to handle the heavy wastes from our plant. It is our understanding that sewer planning is nearing completion for 1973 work now and it will be presented to the council soon. Vie expect to be a part of the plan. Will you, personally, check into this and try to keep things moving so our expansion can go ahead right here in Eden Prairie using the village system? We need an early approval by the council of the 1972-73 sewer program. Please give me a call at home or work, if you wish to discuss further or, better yet, if you have an extra hour, a plant tour could be arranged. flinherely, .4e * Robert W, Hanson esorstsr,-Tronura RWH :mfw , sr ilovember 11, 1972 PETITIlti TO Ti TDEti Pr1rI3 VILLAT3 113, tin undsrligned, petition the Village Coundil to undertake the following: 1) Guamantee acompletely pavo ,1 passage on 'Duck Lake Trail from LoraLle Land to County Road 1,44 this fall, even if it results ' in additional cost to the village. 2) Apply prsssure to the contractor if nece.,oary by withholding parent or oome other lelal roans to insure that he roots his December lot co—itrent. 3) P.efuse the contractor an omtennion of tire on the Duck Luke Trail project becauce f hin a parent indifference to the corpletion of this project on schedule, and respire that this work be clrpleted in the previouoly allotted time. lk hope you will give this your imm—diate attention. Than' you, The residence of glen Prairie INivi ‘,N11 .s f . • , • L.( er, ,CoAtel Mc co. .0. 17?.,-1-‘ 777/4_ • T. I 1114. J., v 971/16/06 -en) ,Vc.,1•0(.1.4.zaera 0,A3,•.-"c • A_CI 4/ Q2.1;ttc,A)47, 7 /7e Lij Ple" 04,0' }U'f/S-.61 j 71(4 No, 474 Y ,22,1 lfi acid' HOWARD. NEEDLES. TAMMEN & BERGENDOFF HNTB CONSULTING ENGINEERS PARTNERS 67S0 PRANCE AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55435 ASSOCIATES H. c LA$4515TON .JU. omm• r. roof PAUL L. HE J01121.1 $4. LoOmw Millewi 0 seRwARD H.1,071•11MHAUS SCRAM IL MN WILLIAM. N. WACNTIR INIONNINO CROW CILAWLES 7. HOMMAN MOM &JOHNSON DANIEL J. MATIONS TILLINANONE CODS SO, MOMS, October 18, 1972 Mr. Robert P. Heinrich Village Manager Village Hall 8950 County Road 4 Eden Prairie, Minnesota 55343 HEX $4 wHITTON DANIEL J. ANNEL DANIEL J. BONN ADVISORY BOARD mud N. wERDENDOII JAMCS R PACK ELLIS E. PAUL OiroDowE J. DAIMON. MAIM STINKY Jollar RENNIN Mawr 11.1.10wARD mos • mo KENNY e•TA.0401 mos • INN MANN K. INSIMEIN INN • NM CARL L. KM Imo • 571 MIEN R.NIEDLIS Orr • MI Re: Relocation Study of T.H.'s 212 and 41 Dear Mr. Heinrich: We appreciated the opportunity to meet with you and Mr. Putnam on October 17th and briefly discuss the preliminary layouts that have been developed as possible alternate locations for T.H.'s 212 and 41. The prints left with you show the proposed alignment and profile for each alternate. As mentioned, we are attempting to meet informally during the coming weeks with the staffs, planning coamissione and/or councils of each community in the study area and any others whom we feel might have an interest in the future location or design of these routes. At such meetings we intend to review and explain the alternates, to answer questions that may arise, and then to solicit review comments. Input thus received will be used to make any necessary revisions to the alternates before work begins on preparation of the draft Environmental Impact Statements. Should the Village be interested in scheduling such a meeting, please suggest a convenient date. If not, we would appreciate receiving by November any any review comments that the Village might wish considered at this stage in the study. Comments relating to any features of the alternates that are considered unacceptable by the Village, or suggestions regarding additional alternates, would be particularly helpful. Thank you for your cooperation. Very truly yours, HOWARD, NEEDLES, TAlt1EN & BBPSENDOEF ,4;14t..1 0, Richard D. Beckman RDB/jsab cc: Mr. B. S. McCarthy, min) Mr. Duane Brown, IBM-Dist. 5 A. •mweRIA.volmooNA WALLAS ENNA:NM MANIA sArm MUM 'WON EMENDS, WeN. MINIM KAMAN Orr HENN ANN PARS, RAMAN 1.1411 RPNIA NIARLISTORMIE VISINNIA WINN INIMMANS WORINL VIENOSI INNIONIS memdSOPOLO PLmm To: The Mayor and Members of the Vtnile Council Thru: Bob Heinrich, Village Manageritr P- From: Marty Jessen, Director of Parks and Recreation Date: September 8, 1972 Subject: Tree Disease Ordinance The proposed "tree disease ordinance" provides the Village with the safeguards and procedures for an effective program of tree maintenance in Eden Prairie. It allows for Village personnel to make inspection visits on private property for the purpose of deter- mining if tree diseases exist on that property and it allows for the Village to order diseased trees removed from the property - - at the owners expense, either through his action or that of the Village, in which case the cost of removal is assessed against the property. Section 8 of the proposed ordinance deals with the transporting of certain types of wood within the Village. This section deals specifi- cally with the dead elm trees that will be transported to the proposed 'tree chipping' operation at the landfill sits. The intent of this section in the ordinance is to control the spread of tree diseases - by requiring a permit from the Village on an individual basis. In this way the Village maintains the ability to adjust requirements necessary to transport logs within the Village as new information and conditions beam important in dealing with tree disease. Attached is a letter from Luther Nelson of the County Envinmnental Services Section indicating their support of this section of the ordinance and their willingness to cooperate fully with the Village in this regard. Also attached are two letters to Joe Helgevold giving expert opinions about the likelihood of Dutch Elm activity In chips that eight be stockpiled at the landfill efts. 1r A VILLAGE OF EDEN PRAIRIE ORDINANCE NO. /I' AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF TREE DISEASES. The Village Council of Eden Prairie ordains as follows: Section 1. Declaration of Policy. The Village Council of the Village of Eden Prairie has determined that the health of the trees within the municipal limits is threatened by tree diseases. It is further determined that the loss of trees growing upon public and private property would substantially depreci- ate the value of property within the Village and impair the Safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of this disease and this ordinance is enacted for that purpose. Section 2. Public Nuisances Declared. The following are public nuisances whenever they may be found within the Village of Eden Prairie: a. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.)or Hylurgopinue Rufipee (Marsh). b. Any dead Elm tree or part thereof including logs, branches, stumps, firewood or other Elm material, the bark of which has not been removed. o. Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt Disease fungus Ceratocyrstris Fagacearum. It is unlawful for any person to permit any public: nuisance as defined in this section to remain on any premises owned or con- trolled by him within the Village of Eden Prairie. Such nuisances shall be abated in the manner prescribed by this ordinance. Section 3, Inspection, Investigation and Testing. The Village Manager shell cause all premises and places within the Village to be inspected as often as practicable to determine whether any condition described in Section 2 of this ordinance exists thereon, and to have investigated and Weed all reported looldents of such Infestation. Section 4. Abatement of Tree Disease Nuisances. In abating the nuisances defined in Section 2, the infected tree or wood shall be sprayed, removed, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the disease. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans, and with the approval of appropriate Village officials. Section 5. Procedure for Removal of Infected Trees and Wood. When it appears with reasonable certainty that the infestation defined in Section 2 exists in any tree or wood in any public or private place, the owner shall be notified and ordered to remove the same in a manner approved by the Village Manager. If the owner fails to comply with the order within 10 days, the Village Manager may act to abate the nuisance. In the event that the owner cannot be contacted within 10 days, the Village shall send notice by certified mail to the last known address of the owner of record and shall then proceed forthwith to abate the nuisance, Section 6. Assessments. Each year the clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Chapter 429 and other pertinent statutes, for certification to the county auditor and collection the following year along with current taxes. Section 7. Spraying and Pruning Trees. Whenever it is determined that any tree or wood within the Village is infested by any diaease or insects as described in Section 2, the Village may order the owners of all nearby high value trees to prune and to spray the same with an effective preventive concentrate in a manner approved by the Village Manager. Upon failure to comply with such an order, the Village may proceed forthwith to take appropriate action. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture, with the approval of appropriate Village officials, and under the supervision of the commissioner and his agents whenever possible. Notice shall be given as provided in Section 5. Section 8. Transporting Certain Types of Wood Prohibited. It is unlawful for any person to transport within the Village any bark-bearing elm wood or wood infested by disease or insects without having obtained a permit from the Village Manager, who shall grant such permits when the purposes of this ordinance will be satisfied' Section 9. Reporting Discovery of Tree Disease. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a tree disease as defined in Section 2 shall report the same to the city. Section 10. Interference Prohibited. ' Village personnel may enter upon private premises at any reason- able time to carry out the purposes of this ordinance. It is unlawful for any person to prevent, delay or interfere with Village personnel while they are engaged in the performance of duties imposed by this ordinance. Section 11. Penalty. Any person who violates this ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $300.00 or by imprisonment for not to exceed 90 days, or both. Section 12. Effective Date. This ordinance .shall take effect fifteen days after its publication. . Adopted by the Village Council Mayor Atteett Clerk Highway Department Hennepin County 320 Washington Ave. So.,}lopidne, Minnesota 68343 7 September 1 9 7 2 Mr. Robert P. Heinrich, Manager Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 5534 Dear Mr. Heinrich: Re: Hennepin County Proposed Tree and Log Chipping Operation I want to thank you and the Village Council for giving Joe lielgevold and myself time at your last council meeting to explain our proposed tree and log chipping operation. Several concerns were expressed by the Village Council, staff and citizens con- cerning certain aspects of the total program. We understand that the major concerns dealt with protection from disease for the existing trees within the Village of Eden Prairie. In particular, the concern was the possible spread of Dutch Elm Disease from diseased logs being transported to the chipping site and the concern for the possible spread of the disease from the use and stockpiling of the chips, The enclosed are copies of letters which state that in the writer's opinions, chips produced from diseased elm trees do not constitute any type of problem after chipping. We are obtaining additional technical expert opinion concerning the transporta- tion of Dutch Elm Diseased trees, especially during the prime beetle emergence season in the late spring. It is the opinion of the technical experts that the trees may be transported at any time except the emergence season and will not cause the spread of the disease. During the beetle emergence season, however, there is the reel possibility that the beetles may be spread unnecessarily by transporting the trees. Hennepin County does not plan to transport diseased elm trees during the beetle emergence season, and we will conform to the provisions of any ordinance adopted by the village. It is also our intention to discourage any transportation of elm trees during the beetle emergence season. Therefore, it is our strong recommendation that all dead or diseased trees should be removed previous to the spring season or during the summer after cases of Dutch Elm Disease have been diagnosed. This would mean that there should not be any diseased elm trees to be moved during the critical beetle emergence season. Mr. R. P. Heinrich, Manager Village of Eden Prairie - Tree & Log Chipping Operation Page Ns Enclosed for your Information Is an Operations Plan for the Hennepin County Tree Recycling Center dated August 30, 1972, which is the procedure we intend to follow In the operation of the tree chipping operation. I hope this information will assist you In your discussions with the Village Council and the citizens, end please notify us. if we may be of any additional assistance. Sincerely, &Ard,6.,zeit'n, Luther D. Nelson, P.E. Chief, Environmental Services Section Department of Public Works LDN/Ip Enclosure cc: A. J. Lee J. M. Heigevold THE UNIVERSITY OF WISCONSIN COLLEGE OF AGRICULTURAL MD LIFE SCIENCES ,MO Linden Drive Madison, Plsoonsin 33706 . DEPARThIeST OP PLANT PAIHOLOOY August 30, 1972 Mr. Joe Relgevold 320 Washington Avenue, S. Henniepine County Dept. of Public Works Hopkins, Minnesota 55343 Dear Mr. Relgevolds This letter is in response to your inquiry about the potential hazard of chips made from elms with Dutch elm disease. Briefly, no hage.rd at all exists and the chips present no source of Dutch elm disease imamate since fermentation prevents colonisation by other microorganism. Like- wise, these chips are not suitable breeding sites for ells bark beetles, . and, in fact, the chipping process in all probability will kill beetles or larvae present at the tine. ' Biscerely yours, Eugene B. Sasllay Professor , BBB vk IOWA STATE • _ UNIVERSITY • Department of Botany and Plant Pathology Betsey Hall Ames. lows 50010 30 AuguSt 1972 11r. Joseph H. Ifelgovold ngriculture Inspector Honnepin County Department of Public Works 320 Washington Avenue South Hopkins, Himesota 55343 Dear lir. Helgevolds I enjoyed talking with you last week about the Dutch elm disease situation in Honnopin County. I am glad we have been able to help you some in the development of a control program, but am sorry that we were ',so" right about our predictions. We would like to be wrong about disease increase predictions,' Your discussion of recommedations you are developing concerning disposal of dice-.ned trees br ;hp some points to mind about the life habits of both the fungus causing the dise.ise, and the beetle that cari .les this pathoen from disso.-.sed wood to healthy elm trees. I would like to comment on the fungus and am asking Steve 1%ye.n 1 one of our extension entomologists, to write you about the beetle. The fungus causing Dutch elm disease, Coratosystislug (Sulam.) C. Moreau, is a very poor competitor with other fungi found in nature on and in elm. In addition, this pathocen isa quite sensitive to dryness and high temperatures. Thus, as one debars dise:sed trees, the outter wood (that portion where the fungus grows and reacts with the elm resulting in a diseased condition) drys. Other fungi also may Income established and successfully compete against the Dutch elm disease fungus. This competition nay be just a case of overgrowing and taking the food material ' from tho wood more successfully than the disease fungus, or it may be clearly a case of an antibiotic effect upon the pathogen. In any case, the Dutch elm disease fungus dies and can not be found in such deteriorating wood. Diseased trees that have been standing more than a year with the bark falling off are no longer sources of the disease fungus. We also have never found the fungus in.chips produced from a diseased tree by chipping machine, once the chips have been exposed to the air any length of time. In this case I believe there is some initial drying and then with a much larger exposure areaper unit volume of wood, spores found in the air from common fungal contaminates, germinate and the fungal population of the chips increases. We have not considered chip piles or the use of chips on tr.iils or in gardening any factor in the spread of Dutch elm disease. We have considered the chipping of the trees on the site as they are out the beet practice to follow since the beetle carrier can be spread to other arsae by transporting logs titles& such logs are given special treatment. Steve an will dismiss tkwe beetle relationships, both with logs and chips in his latter. Sincerely your(' id S. Hlabb, Jr. ' Professor ofForeet Pathology In the case of piling logs cut from diseased trees, such logs should be debarked or treated to prevent beetle invasion or emergence. The fungus causing Dutch elm disease is able to live in the wood until the bark becomes loose. At this time other fungi take oval and the outtor woeidrys. The disease fungus originm117 came to North America in elm 'Ins imported from Holland for the veneer industry. I believe that many of the now sites of the disease begin in a woodpile of diseased wood. Our first case in Ames was associated with a woodpile for fireplace IWO. Henan commonly find the pathogen in diseased out wood as long as the bark is tight. . I hope the above paragraphs gives you the information concerning the Disease relationship to elm wood and possible source of the disease finlgus in diseased 1.xxxl treated in different ways. The whole Dutch elm disease story is a "beautiful" ecoloaical relationship: The Beetle carrier needs weaken or dying elm in which to breed; the disease fungus needs elm living al or dead wood (elm) in which to grow; the beetle carrier needs living elm to feo4upon in the adult stage, thus inoculating a healthy elm in its feeding if the adult emerged from diseased wood carrying the fungus on its body; the elm host dies as a result of the reaction of the host to the presence of the disease fungus; and the whole cycle begins again with dying diseased elm attracting the beetle carrier to breed in it. The loeers are the elm host aad pan t who Wool elm ae a shade tree. The next tine I am in Hinneapolis at the Guthrie I will try to call you. We should be up twice more before winter. Please call me againif any questions 02180. • I also would liko keep:Informed about the situation in the Kinneapolie area. Ny beat to you. • OPERATIONS PLAN HENNEPIN COUNTY TREE RECYCLING CENTER The actual tree recycling operation will take place In the easterly por- tion of the property owned by International Disposal Corporation of Minnesota, Inc., located at 10055 Flying Cloud Drive, Eden Prairie, . Minnesota. See enclosed plan sheets. Trees and tree materials will be brought to the site by any persons wishing to dispose of these materials. The I.D.C. gate attendant will collect an appropriate fee for Hennepin County from those persons wishing to dispose of the tree materials and direct them to the operations area. The trucks will dump the tree materials as.directed by sighs or Hennepin County personnel. It is proposed that the materials will be plied in long windrows prior to the actual tree chipping operation. It Is planned that stumps and oversized logs will be separated from the general piles before the chipping operation. The operational site will be graded to drain In a northerly direction with a minimum slope of one percent. The access roadway and main roadway within the site surfaced with six Inches of crushed rock. The long windrows of tree materials will then be chipped as necessary and blown Into the central chip pile as shown on the plan. It Is conceivable that additional segregation of tree materials could take piece and different qualities of chips produced; *MOW, this type of operation needs to be determined in the field. • 1 Additional equipment necessary at the operations area includes a wheel- type loader with a log-handling attachment' to move tree materials about the site as necessary. It Is proposed that the wood chips will be loaded Into trucks and hauled away from this site for use as mulch in landscaping projects, for live- stock bedding, for decorative landscaping, or such other 'appropriate uses as can be found. The picking up of wood chips with small vehicles (cars, trailers, pickup trucks) will be discouraged at this site. If a large number of persons are interested In obtaining wood chips In this manner, we would anticipate setting up a different location where they could obtain these materials. Major factors that influence this recommendation are the 'amount of traffic . into the landfill site area and the problem of 'numerous people actually in the Operations area itself. The county has been negotiating with a private concern to take cars of the stumps and oversized logs, either chipped on our,property or boiled to a different site. Hennepin County will maintain the actual operations area and the roadway, which Is unique to the tree recycling operation. Appropriate signs will be posted directing people to the tree recycling arse and provide Instrue• titans for slurping. It should be emphasized that no materials will be disposed of at this site. Any'paterials which would be burled would be taken to the actual landfill operation of I.D.C. and buried at that location. If the tree . 2 . . 3 . recycling operation were to be discontinued, the tree materials and chips would be 'removed, and except for the modifications relating to the leveling off of the area, the site would remain in its original condition, 8.30.1 2 DATE: October 26, 1972 TO: R. P. Heinrich, Village Manager FROM: Ken Chambers, Village Assessor SUBJECT: CO. RD. 62 AND SHADY OAK ROAD PLAT APPROVAL The applicant (Hennepin County Highway Department) purchased the land for the construction of the Croestovm Highway (No. 62). This land is the remaining excess left after the Crosstown was completed. The reason for requesting the approval of the plat is merely to shorten the legal description. STAFF RECOMMENDATION: This Department recommends the approval of the plat since there are no requests for rezoning or any variances, merely shortening of the legal description. KC:kg EDEN PRAIRIE, MINNESOTA WATER WORKS IMPROVEMENTS CONTRACT WTR 71-8-29 TRUNK WATER MAINS CHANGE ORDER NO. 1 This Change Order No. 1 modifies the contract to make provisions for addi- tional compensation to the Contractor for extra work performed beyond the scope of the original contract. PLANS. Section IV. The extra work performed and the agreed prices for the work in Section IV are as follows: Due to the proposed lowering of the centerline of Valley View Road between pipeline Station 18+00+ to Station 25+00+, Section IV, Line A, the Contractor was requested by the Village to lower the profile of the pipeline approximately 5 feet in this area. The Contractor agreed to provide the additional excavation, backfill, and mate- rials required to lower the pipeline for the following prices: 700 lin ft of 16 inch extra strength PCCP $6.05 per foot Increased jacking cost 3-valve box extensions @ $15.00 each 4 foot manhole extension @ $35.00 per foot Total Extra Cost for Lowering Pipeline An existing lateral water main and fire hydrant connection at the intersection of Topview Drive and County Road 60 were not constructed as shown on the engineering drawings for the lateral water main contract. Due to the change in location, the Contractor under the trunk water main con- tract was required to perform additional work to make the required connection between the 16 inch trunk main and the existing 6 inch lateral main at Station 6+46+, Section IV, Line B. The Contractor agreed to provide all labor and to furnish and install all required materials to sake the required connection for the sus of $4,235.00 1,165.00 45.00 140.00 $5,585.00 $739.30 Eden Prairie, Minnesota Village of Eden Prairie Water Works Improvements Contract WTR 71-8-29 Trunk Water Mains Change Order No. 1 Page 2 The Village requested the Contractor to extend 8 inch water mains across Baker Road at trunk water main Station 56+50, Section IV, Line C. and at approxi- mately 218 feet north of trunk water main Station 63+99.25, Section IV, Line C, to provide water service to the St. Johns Woods development. Since Station 63+99.25 is the northernmost point of Line C under the original contract, the 16 inch trunk main was extended north 218 feet to service the 8 inch water main. The Contractor agreed to perform the addi- tional work required to provide the 8 inch water main crossings for the following prices: 218 lin ft of 16 inch PCCP @ $15.35 per foot 140 lin ft of 8 inch DIP 8 $7.40 per foot 2-8 inch CV $ $190.00 each 80 lin ft of 20 inch casing @ $19.50 per foot 2-16 inch by 8 inch tees @ $120.00 each $3,346.30 1,036.00 380.00 1,560.00 240.00 Total Extra Cost for 8 Inch Water Service $6,562.30 Total Extra Work in Section IV to be Paid for Under Change Order No. 1 $12,886.60 Section V. The extra work performed and the agreed prices for the work in Section V are as follows: A reading center is being constructed by Hennepin County on the west side of County Road 4 west of the 16 inch trunk water main at Station 21+79+, Section ir, Line A. The Village requested the Contractor to provides one inch copper water service to the reading center. The Contractor agreed to perform the additional work required to provide the water service for the following prices: Eden Prairie, Minnesota Village of Eden Prairie Water Works Improvements Contract WTR 71-8-29 Trunk Water Mains Change Order No. 1 Page 3 1-1 inch tap of 16 inch PCCP @ $69.50 each 65 lin ft of 1 inch copper pipe @ $4.90 per foot 1-corporation and curb stop @ $45.00 each $69.50 318.50 45.00 Total Extra Work in Section V to be Paid for Under Change Order No. 1 $433.00 MISCELLANEOUS. Temporary Access Road - Baker Road Reservoir. Sufficient land was not purchased at the Baker Road Reservoir site to permit the construction of the access road to the reservoir as originally designed under Contract 71-8-31, Baker Road Reservoir. Because of insufficient land and the desire of the Village to save as many trees as possible on the site, a revised access road to the tank was constructed. The revised access road could not accom- modate the trucks which would deliver the reservoir steel plates; therefore, a temporary access road was required. The temporary access road was not a part of Contract WTR 71-8-31 and was considered extra work. The Con- tractor under Contract WTR 71-8-29, Trunk Water Main, submitted the lowest price for the construction of the approximate 200 foot long by 12 foot wide temporary . access road and was requested by the Village to con- struct the road. The Contractor agreed to perform all labor and to furnish and install all required materials for the temporary access road for the sum of $243.70 Approved and Accepted Date MCDONMD 6 ASSOCIATES, INC. By Title Eden Prairie, Minnesota Village of Eden Prairie Water Works Improvements Contract WTR 71-8-29 Trunk Water Mains Change Order No. 1 Page 4 As a result of the additional work under this Change Order No. 1, the contract amount for Trunk Water Mains, Contract WTR 71-8-29, is to be increased by the sum of Thirteen Thousand Five Hundred Sisty-Three Dollars and Thirty Cents ($13,563.30). All other provisions of the contract remain unchanged. This Change Order No. 1 is recommended for adoption. Approved and Accepted Date VILLAGE OF EDEN PRAIRIE, MINNESOTA Title BLACK & VEATCH Title EDEN PRLIRIE, MINNESOTA WATER WORKS IMPROVEYEES CONTRACT WM 71-8-31 BAKER ROAD RESERVOIR — SECTION I CHANGE ORDER NO. 1 This Change Order No. 1 modifies the contract to adjust the contract price as compenaation for work performed that is beyond the scope of the original contract. An a result of the new Federal Occupational Safety 6 Health Act, the Contractor was requested to provide a safety cage on the outside reservoir ladder. A metal platform and balcony rail around the platform were also required at the reservoir roof access hatch. The additional work includes the furnishing of all labor and materials required to construct the safety cage, platform ard balcony rail. As a result of this additional work the contract amount is to be increased by the agreed amount of Seven Hundred and Eight Dollars (S708.00). All other provisions of the contract remain =hammed. This Change Order No. 1 is recommended for adoption. BLAGE &VEATCH , By Approved and Accepted /L/M. Aaoved and Accepted Date Date Eden Prairie, Minnegota Brown-Minneapolis Tank & Fabricating Co. Title 7,---" A4 .r RIEKE CARROLL MULLER ASSOCIATES INC October 17, 1972 Mr. Robert Heinrich, Village Manager Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota RE: CHANGE ORDER - PROJECT SAN 71-2 (8) OUR FILE 82313 Dear Sir: The attached Change Order represents work which the contractor (Minn Kota) has done by agreement and on Force Account. A summary of the work is as follows: Item 1 - We required television inspection of certain por- tions of the project that could not be inspected by other means. The Contractor also needed the services of American Pipe Services to repair a few small leaks. We agreed to hire APS on a cooperative basis with the contractor paying the bill and being reimbursed by the Village for one day's services. Item 2 - This work involved relaying pipe which had been properly installed but was later pushed out of place by movement of the subbase. The movement appeared to have been the result of heavy equipment operating in the area shortly after the pipe was installed. Item 3 - The pipe in this area was installed on what appeared to be good bedding material. Soil borings also indicated satisfactory material. However, after the pipe settled and ruptured, subsequent soil borings indicated a narrow band of peat and muck lying just beneath the pipe. The pipe was removed and replaced with ductile iron pipe on piles. Item 4 - This work involved relaying pipe which had settled because of inadequate compaction of the fill which had been placed by the developer. Item 5 - This item represents a negotiated price of about 25% of the contractor's request for extras in an area where the exact cause of pipe failure was difficult to determine. erchltects lend 'untwists planners melting post office box 130 hopkint mInnesote 56343 location 8700 west 36th street it. louts perk, Min41111011 812 935.8901 Delbert Rieke, P.E., U. Robert Carroll, P.E. Virgil Muller, P.E. Robert Robertson, PA, PAerlin D. Hutchnon, A.I.A. Owl» Barger, P.E. Ste fOrd TWINS, P.E. Thera Willman, P.E. David Husby, PI. R. Tipton Brown, P.E. Paul Martinson, P.E. R. M. Greenlee, P.E. %herd Limb, A.I.A. J. T. Aitken, A.I.A. Wm. H. 14ennemuth, AJA, hopkim, minnesote PYlard taidnont rt. cloud monks,. Ironton batsmen, montane Page two Mr. Robert Heinrich October 17, 1972 The problems encountered by the contractor on this project were unusual, unexpected and expensive. In general, the conditions leading up to the problems were beyond the contractor's control and we feel he is entitled to the payments itemized in the attached Change Order. Very/tly yours, David 0. Husby, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. DOH/pw Encs. Completion: Data June 15, 1972 (Previous) Consulting Eng inee EDEN PRAIRIE, MINNESOTA • , Change Order No. 3 Da ta September 15, 1972 Project: Sanitary Sewer Improvements No. SAN 71-2 (Sec t i o n B ) Contractor: Minn Kota Excavating Company Description: Item 1 - Exhibit 1 - Television Inspection 'S 546.55 Item 2 - Exhibit 2 - Repairs, M.H. 14 to M.H. 16 377.89 Item 3 - Exhibit 3 - Piling between M.H. 2 & M.H. 3 6,000.42 Item 4 - Exhibit 4 - Pipe Removal, Replacement , M.H. 13A, B, C 2,659.76 Item 5 - Repair work between M.H. 4 & 5 - Negotiated 1,500.00 TOTAL ADDITION $11,084.62 It is mutually agreed that this Change Order is in a c c o r d a n c e w i t h t h e a b o v e Contract dated March 31, 1971 and that the change in the work described herein will be accomplished in accordance with the provisions of the Contract and that the Contract amount w i l l b e ( i n c r e a s e d ) ( d e c r e a s e d ) i n the amount of Eleven thousand eighty-four and 62/100ths Dollars ($ 11,084.62 ) as full compensation for all work under this Chan g e O r d e r and that the Contract completion date will be exten d e d -0- calendar days the/gore. Date Village Manager Data er;. /.7% !•1;fr'.. /ce- /".. Contractor • Date LICENSE APPLICATION LIST DATED NOVEMBER 14, 1972 GAS FITTER ---7Deparin Plumbing, Inc. - Loren L. Brown Mill City Heating & Air Conditioning Co. - Us. H. Stevenson SEWER Morris Plumbing & Heating, Inc. - Daniel R. Morris Most Suburban Utility Construction - Jack D. Van Remortel t . VILLAGE OF EDEN PRAIRIE Recommended taking of an option to acquire the Les Blacklock property at Anderson Lakes for park purposes. Location: South of the North Anderson Lake off of Timber Trail. Area: Approximately 15 acres of rolling to hilly wooded land with approximately 3000 feet of lakeshore on Anderson Lakes. Doner: Leslie and Frances Blacklock. Zoning: Present zoning is rural - Comprehensive Guide Plan shows it as Open Space. Proposed Use: Public Open Space - part of the 300 acre major comminity park site at the Anderson Lakes. Appraised Value: $82,080 for the 13.68 acres included in Parcel E-3a. Parcel E -9g has not been appraised but Mr. Blacklock has agreed to include it in the transaction at no additional cost. Value for Tax Purposes: 1971 Market Value - $31,650 1972 Market Value - $53,450 Recommended Action: To secure an option for $1,000 on a purchase price of 682,080. The option to extend until March 16, 1973. Marty Jessen Director of Parks and Recreation 11/14/72 VILLAGE OF EDEN PRAIRIE Recommended taking of an option to acquire the Wayne Brown property at Anderson Lakes for park purposes. Location: East of South Anderson Lake along County Road 018. Area: Approximately 7.5 acres of gently rolling, partially wooded land with 1,230 feet of frontage on County Road #18. The area includes the house, garage and barn. Owner: Wayne and Sandra Brown. Raw Present zoning is rural - the area is included in the Anderson Lakes Park as revised from the Comprehensive Guide Plan. Proposed Use: Public Open Space - part of the 300 acre major community park site at the Anderson Lakes. Appraised Value: $90,550 for 7.5 acres and improvements. $53,500 for improvements and 1.54 acres. $37,050 for 5.7 acres of excess land. Value for Tax Purposes: 1971 Market Value - $33,000. 1972 Market Value - $60,000. Recommended Action: To secure an option for $5,000 on a purchase price of $100,000 payable January 5, 1973. The option to extend until November 15, 1973 and if the closing date is after February 1, 1913, interest is payable on the $95,000 balance at a rate of 7% per annum. The purchase price is nearly $10,000 over the appraised value, however the appraiser admitted this was a difficult property to appraise because of the style of the house in this location. Mr. Brown had the house and 2.2 acres listed for sale last spring at $74,900 and had many people interested and in fact had an offer to buy for $68,000. Mr. Brown agrees with the appraised value of $6,500/acre for the land but feels that the value of the improvements has been under-appraised. Based on this information and the fact that a recent condem- nation award just across the bay of Anderson Lakes from Brown's was $10,000/acre, I feel this is a reasonable price for the Village to pay for this property. Following the closing date, Mr. Brown will pay rent at a rate of $2261 month until such time as thelillage requires the property for the intentaa open space use - but in no event ray the Village respire the property prior to 3 years from the date of closing. Marty %lessen Director of Parks and Recreation 31/14/71 a l) a Novorber 14, 1972 STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDEN PRAIRIE MINUTES OF THE BOARD OF AUDITs The following account were audited and allowed as follows! Year - 1972 Date Voucheril Name Item Amount 10/25 11035 Postmaster Stamps-Drug Action Program 144.00 10/26 11036 State Building Inspector 2nd & 3rd Quarter Building Permit Surcharges 3,394.65 10/30 11037 Blue Cross of Minn. Blue Cross-Nil 872.98 11/1 11038 Postmaster Postage Meter 500.00 11039 Bunch's Mite's Dinner (Escrow) 405.68 11040 Hopkins Greenhouse 1. u u 12.00 11041 Minn. Rec. 6, Park Assoc. Fall Conference Registration 136.25 11/8 11042 First Southdale State Bank Paurus Property Purchase Staring Lake 34,016.26 11/10 11043 Gopher Cafe Lunch - Noma rt Industries 26.85 11/14 A & G Drafting Serv. Supplies • Park Dept. 33.60 A 6 H Welding & Mfg. Repairs • Mail Box 4.00 Albinson Supplies - Park Dept. 32.91 Poundson Let ter Serv. Building Permits 157.00 Cal vin Anderson Election Counter 10.50 Art Materials, Inc. Supplies • Park Dept. 34.05 Aqua:nee-Twin Cities Service • Rock Isle Park to 9/15 17.60 Astleford Equipment Repair Parts 7.30 Nancy Autio Election Judge 21.75 Kent Barker Election Counter 7.50 Donald Bell Election Counter 10.50 Curtis Dergqu 1 st Bus Driver-Rec. Program 150.00 John Bloomberg Refund - Topog Mop 37.40 James C. Brown Election Counter 7.50 Sally Orono Election Counter 7.50 Sandra Drown Election Judge 22.50 Brandow Howard Kohler Bond for J. Frane 248.00 Richard J. Bran Village Hall Maintenance 140.00 Bru-Mar Const. Co. Refund - Topog Hap 4.28 Brunson Instrument Co. Repair for Auto-Level 6.00 Business Furniture Furniture for Public Safety Department 848.56 Margaret Bye Election Counter 10.50 Cargill, Inc. Salt for Snow 6 Ice Removal 374.68 Kim Carter Refund - Guitar Lessons 17.50 Kenneth W. Chambers October Mileage 50.00 Chapin Publishing Ads • Sanitary Sewer 6 liatonufn liestgato.fuflor.1.1ncol wooed 68.10 Choso•Irodcott Co. Opproisol Services4nOwoon Low 350.00 Minutes of the Board of Audit November 14, 1972 Page Two Date Voucher# Name Item Amount Election Judge • 10/24 6, 11/7 Equipment-Snow Plow Pro-rata share of adeinist. Social Security Comet ssi oner of Taxation Withheld Tax Dept. October Payroll Taxes John Cowman° Fee for October David Dodcendorf Election Counter Dominic Donato Election Counter Dorhol t Printing Office Supplies Ray Earls Mileage & Expenses for Sept. and Oct. Eden Prairie Jaycees Fertilizer Eden Prairie Methodist Church Use of Building 10/24& 11/7 Eden Prairie Presbyterian Church Use of Building 10/24 & 11/7 Election Counter Beulah Eggan Payroll Taxes for October Federal Reserve Bank Mune. Bldg. Bonds 1964 First National Bank Election Counter J. Perry Forster Fall Rec. Program & Ballots Paul Foss Printing Sept. Oct. Expenses John Frans Public Works & Fire Hall Bldg. Frontier Lumber Alterations William Garens Expense-MRPA Workshop General Tractor I. Equip. Equipment Repairs Jinny Gibson Election Judge 10/24 & 11/7 Steve G i 1 derhus Refund..Fi rearm Safety Gil Laundry Service for Fire Dept. Glidden-Durkee Public Works i Fire Hall Bldg. Al tarot ions Marjean Gordon Refund - Guitar Lessens LuAnn Guthmueller Election Counter Gunnar Electric Co. Village Hall Repairs Kyle Hansen Refund • Guitar Lessons Mary Morgans Boys 4 Gir ls Rec. Club Work Libby Hargrove Election Counter Robert P. Heinrich October Expenses Hennepin County Signs Hennepin County Patrol Services ..3rd Quarter Roger Hennessy Agency General Liability Ins. Hillcrest Safety Equip, Police Monitor Ann Hoffman Election Counter Edna Holegren October ME I ape Fred Hole sok Election Judge 10Me i Iln H. H. Houle Ilefund..liater Connection Fee 1,024.80 56.88 11.25 11.25 189.02 33.81 600.00 50.00 50.00 11.25 2,319.10 9,406.25 11.25 503.01 47.23 204.82 4.50 4.00 42.00 5.00 6.31 30.95 17.50 11.25 15.00 17.50 50.00 7.50 116.75 100.98 17,702.80 824.00 90.00 7•50 11.70 41.25 100.00 Climax, Inc. Commissioner of Taxation Dept. of Administration 11 /14 Mildred Clark 42.00 9.10 9.42 Minutes of the Board of Audit November 14, 1972 Page Three Date Voucher# Name It em Amount 11/14 Immanuel Lutheran Church Use of Building 10/24 6 11/7 Int. Conference of Building Officials Membership to 8/31/73 Itasca Equip. Co. Equipment Repairs Mary Ann Iverson Teaching Trimnastics Shirley Jellison Election Judge Nyla Jensen Election Counter Doris Johnson Election Judge 10/24 6 11/7 Kelly Services Fee for Typist Kleve Heating & Air. Cond. Village Hall Repairs Kakesh Athletic & Golf Rec. Supplies Kraemer's Supplies for V. Hall, Parks, Streets Leaf Bros. Edward Lindhouser Lorna Lisell LOG IS Chuck Lyons Mary K. McCarten John McCulloch C. S. McCrossan Brian McWaters Patricia Marino Joan Meyers Midwest Asphalt Corp. Nancy Miller Minnesota Fire, Inc. Minnesota Rec. & Park Assn. B/C Membership 50.00 Minneapolis Gas Co. Village Hall & Maint. Bldg. 70.10 Minneapolis Typewriter Rental 50.00 State of Minnesota Liquor Permit 5.00 Mobil Oil Diesel Fuel 86.85 Motor Parts of Shakopee Equipment Repairs 6 Tools 125.30 Na. Mueller & Sons Sand for Snow 6 Ice Control 366.36 National Fire Protection Assoc. Fire Prevention Week Supplies 30.75 National Park & Rec. Washington Action Report 1040 W. E. Neal Slate Co. Public Works 6 Fire Hell Alterations 60.00 Election Counter 7.50 Election Judge 22.50 Fee for October 56.88 Portable Disk for P1be. Insp. 545 Refund - Guitar Lessons 17.50 Refund-Overpayment of State Sur Charge 93.00 Rug & Towel Service Refund..Trunk Savor I Water Assessment October Mileage Local Government Information Systems Class 1 Charges Teaching - Judo Election Counter Fee for October Anderson Lakes Trunk Sewer Parcel Areas for Assessment Purposes Refund - Gymnastics Fee for October Road Material Election Counter Fire Dept. Supplies 50.00 65.00 22.35 10.00 21.75 1 1. 25 41.25 247.06 6.00 81.60 37.01 18.85 520.00 7.10 810.00 24.00 10.50 56.88 2,000.00 51.30 7.00 56.88 222.67 11.25 23.00 Marge Nelson Patricia J. Nelsen Ralph J. Nesbitt New England Business Service, Inc, Kris Nemo New Toun Development 1 Minutes of the Board of Audit November 14, 1972 Page Four Date VoucherM Name Item Amount North American Life Employee Insurance 95.48 North Ameri can Safety Supplies for Fire Dept. 137.80 Northern Contracting Connection to Existing Well Piping at Fire Station Well 269.26 Northern States Power Electric 1,499.11 Northwestern Bell Phones 275.05 Northwestern Natl. Bank Gen. Oblig. Water & Sewer Bonds 1972 62,543.75 Donald 6 Susan Paurus Property Purchase-Staring Lake 8,010.07 Dorothy Pennie Election Counter 7•50 Perbix, Harvey 6 Shrews Paurus Property Purchase 55.00 Perbix, Harvey 6 Simons Legal for Septenber 1,516.00 Edna Holegren, Deputy Treas. Petty Cash 21.46 Michael Pohl en Election Counter 10.50 PERA PERA for October 1,579.33 Richard Putnam October Mileage 6 Expenses 83.13 Lorraine Raths El ection Judge 10/24 5 11/7 41.25 Paul R. Re:Oath Fee for October 75.84 James A. Richardson Mileage for October 3.15 D. K. Rippe' School/Village Site Study 1,500.00 Village Share Election Judge 21.75 Sewer Service 150.75 11/14 Evelyn Rogers Root-O-Matic Seer Service St. Paul Book Stationery Co. Wayne Sanders Betty Schaitberger Bruce Smith Shady Oak Hardware W. Gordon Smith Co. Soil Engineering Serv. Soil Exploration Co. Suburban Hennepin Cty. Sun Newspapers Linda Swanson D. Robert Test ow Title Insurance Co. Tonka Kennels The Towle Co. Jean Towne Typewriter Sales & Serve United Mailing Mary Upton Oliver Warner Warners Contractors Supplies Flag for Village Hall Mileage Election Counter Boy's Rec. Leader Camera - Park Dept. Oil Nine Mile I-Compression Test Soil Borings-Red Rodc San Sewer Relief Legal s Election Judge Election Counter Overpayment Lateral Utilities Service for August Appraisal Wayne Brown Prop. Election Counter Office Supplies Fall Rec. Mailing Election Counter Election Counter Sight Level 20.25 9.00 7.50 30.00 5•99 35.93 9.00, 2,997.60 198.38 142.39 20.25 10.50 611.00 66.75 600.00 11.25 9.00 59.55 10.50 10.50 5.52 Minutes of the Board of Audit November 14, 1972 Page Five Date Voucher. Name Item Amount 11/14 Water Products Co. Flag Hydrant Markers Margie Woodhouse Election Judge 10/24 & 114 Xerox Rental & Supplies Ziegler, Inc. Equipment Repairs Black 6 Veatch Engineering Services thru 10/9 Brauer 6 Associates Inspections Planning McDonald & Assoc. Trunk Water Mains Gunnar I. Johnson Water Treatment Plant Broun Minneapolis Tank Baker Road Reservoir Scan Construction Co. Baker Road Reservoir Peter Lametti Sewer & Watermain -Fuller/ Westgate/Lincolnwood Orfei 6 Sons, Inc. Sewer & Water, Section II & III Rieke-Carroll-Muller Engineering Fees • Trunk Sauer 5-2, 5-1 - Sections 1-11-111 Richard W. Schrad Reheursement • Interview Expense 758.62 41.25 188.68 1 33.94 3,600.00 19,779.01 19,795.90 65,200.00 12,492.54 3.392.50 35,316.09 210,345.78 13.757.57 50.00 TOTAL DISBURSEMENTS "' $ 5414 973.74