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HomeMy WebLinkAboutCity Council - 11/28/1972MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, November 28, 1972 7130 P.M., Village Hall Members present were: Mayor Paul R. Reath, Councilmen Nesbitt, Cosmano, McCulloch and Councilwoman Joan Meyers. Also present was Village Manager, Robert P. Heinrich, Village Attorney Keith Simons and Clerk, Edna M. Holmgren. I. MINUTES OF REGULAR MEETING NOVEMBER 14, 1972. A motion was made by Mrs. Meyers to approve the minutes of November 14th with the following correction: Page Four - Village Manager's Report, Item 3. A motion was made by Mr. Nesbitt to approve Change Order #1 in the amount of $708, etc. With this correction, Mr. Cosmano seconded. All voted aye. Motion carried. PUBLIC HEARING A. Basswoods, The Preserve. Mark 2. Jones. Concept Plan Approval. Preliminary Plat Approval 7;7767-cr-TSite. Resolution No. 611. Dick Putnam, Village Planner presented and reviewed the Basswoods concept plan. Mr. Oidc Schwarz, Architect reviewed the site plan. Mr. Putnam stated that the concept plan had been reviewed by the Park and Recreation Commission with a favorable recommendation. They endorsed the plan which recognizes the woodland character of the site. The Planner noted that the uses proposed on the separate lots are consistent with original Preserve DUD plan but that density proposed of over seven units per acre is in excess of the original PUO approved which was six units per acre. Approval of the Basswoods preliminary plat will allow the platting of the single family lots and streets and alignment of the neighborhood collector streets. Mrs. Meyers questioned the price range of the homes, Mr. Jones replied that they would be somewhat less than cam:arable in the area. Single family would be estimated at $55,000 up to $60,000. The Manager asked Mr. Jones when they plan to start construction, he replied yet this fall if weather permits. Mayor Reath asked Mr. Putnam if the Planning Canwnission approves, he replied that they did in their minutes of November 21st with the recommendation that the Basswoods development stages be consistent with the original Preserve PUO plan. There ling no turther questions or c ts Mr, Cossanol made motion , to cl os the ,hesri ng and approve the inceptFln for Ma 4swoods consi st with the orginaI Preserve DUO pian.as econmendedli theI Planning' C issi . Mr. Nesbitt' seconded. All voted aye. Motion corm 4 d. Council Meeting November 28, 1972 Page Two I. There being no further questions end/or comments, Mr. Cowman° made a motion to close the hearing and approve the Concept Plan for Basswoods consistent with the original Preserve DUD plan as recommended by the Planning Commission. Mr. Nesbitt seconded. All voted aye. Motion carried. 2. A motion was made by Mr. Nesbitt to adopt Resolution No. 611 approving the preliminary plat of Basswoods. Mrs. Meyers seconded. All voted aye. Motion carried. III. PETITIONS. REQUESTS & COMMUNICATIONS A. Letter from Southwest Sanitary Sewer Advisory Board Dated November 27. 1972. The Manager reviewed a letter received from the Southwest Sanitary Sewer Advisory Board in regard to a meeting to be held on December 14th. A resolution adopted by the Village of Roseville in regard to Service Availability Charges will be the abject of discussion. Mr. Reath requested the Village Manager to contact the Chairman in order to change the date so that he might attend. B. Petition from Eliason Builders for Extension of Water and Sanitary Sewer Lines up Heritage Road to Serve Round Lake Estates First Addition. The Manager reviewed and recommended the petition for utility service to Round Lake Estates. A motion was made by Mr. Nesbitt to instruct the staff to order an engineering study of this petition. Mr. Cosmano seconded. All voted aye. Motion carried. C. Petition from Wallace H. dusted for Extension of Sewer and Water Utilities to Pioneer Trail in South 1/2 of NE 1/4 of Section 2g7 D. Petition from Wallace H. Hustad for Extension of Sewer and Water Utilities to Pioneer Trail in NW 1/4 of NW 1/4 of Section 26. E. Petition from Wallace H. dusted for Extension of Sewer and Water Utilities to Frank+ Road and County Road 18 in NE 1/4 of Secifon 25. E.(1) Petition from H. F. Hustad for Extension of Sewer and Water Utilities on County Road 18 in Section 25. Bill Bonner, dusted Realty presented and reviewed plans for development in the area of Homeward Hills Road, Creek Knolls south of The Preserve on Frani° Road. Mrs. Meyers stated that she felt that plans should be presented before engineering studies are ordered in. Mr. Bonner stated that these three areas are near to existing utilities and could be extended. Mr. Cosniano questioned if the developer would be charged for Council Meeting NoveMber 28, 1972 Page Three this, the Manager stated that it would be added to the cost at a later date. There being no further discussion, Mrs. Meyers made a motion to recieve and file the the petitions for utilities by the Hustads. Mr. McCulloch seconded. All voted aye. Motion carried. F. Request of Hennepin County for Approval of Layouts for CSAM 62. I. Project 6839, Layout 58, 1-434 to CSAM 61. 2. Project 6312, Layout 7A, CSAM 4 to 1-494. The Manager reviewed the two requests by ennepin County. Mr. Putnam presented and reviewed sli s of the affe ted area A rvasident I n they have to conder the whole that si tr as, to the heed at/this tVme. ans- Herzog, Highway Depart t stated that the area question thex ax portation syst in the area, not just Eden Prairie. The Manager reviewed the Crosstown Highway Alignment, the resolution that had been passed by both Minnetonka and Eden Prairie favoring a southerly route from Shady Oak Road to Interstate 494. This was done in an effort to preserve the natural beauty of the Rowland Road Valley along Nine Mile Creek. Since this time, the Village has moved to acquire all of the land along Nine Mile Creek lying west of Rowland Road. A LAWCON grant application has been filed and funding approval is anticipated. He further stated that Minnetonka has not met the terms of the resolution with a concrete commitment taking action to preserve the valley. A gravel pit operation continues in the area. Mr. Heinrich then stated that the Park E. Recreation Commission had passed a resolution recommending to the Council that they reconsider their action in Resol- ution No. 438 favoring the southern alignment of the Crosstomn Highway. They questioned whether the Crosstown is essential or is there another possible alternative, if it is essential then a north boundary of Eden Prairie or one further north into Minnetonka be proposed. Mr. Putnam then presented and reviewed a series of slides of the affected area. A resident in the area questioned as to the need at this time for the project. Mr. Herzog, Highway Department stated that they have to consider the whole transportation system in the area, not just Eden Prairie. Mrs. Meyers questioned the time schedule, Mr. Herzog replied that work would begin sometime in 1974. Mrs. Ernest Larson, Rowland Road complained that the Highway Department had cut trees on their property without their permission relative to survey work. She also stated that the residents should be notified when the discussions are held relative to this project. The Mayor stated that this would be done in the future and that the cutting of their trees would be looked into. Mr. Herzog reviewed plans and alternatives for the project. He stated that the route could be moved to the north but that if bridging were necessary through the valley, the cost would be considerably more. Council Meet ing November 28, 1972 Page Four A motion was made by Mrs. Meyers to accept the information, instruct the Manager and staff to contact the City of Minnetonka in regard to their plans and continue to a later meeting for action. Mr. Nesbitt seconded. All voted aye. Motion carried. IV. RESOLUTIONS & ORDINANCES A. Tree Diseases Ordinance.No. 186. First Reading. Mr. Art Lee, Director of Public Works reviewed questions in a letter dated November 17th to Mr. Joe Helgevold, Hennepin County Public Works from Marty Jessen. Would Hennepin County reinburse Eden Prai rie for expenses incurred because of this operation, Mr. Lee replied that he was not sure, how do you control? The Manager stated that he felt that the County could enforce control at the site with some cooperation from the Pollution Control Agency to burn diseased trees in large infested areas. Marty Jessen noted that the most critical time was May and June. Mrs. Meyers suggested that perhaps the County could operate on not more storage than 10days and nothing stockpiled after May 1st until fall. Mr. Heinrich suggested that perhaps the cut trees could be treated before hauling into Eden Prairie and and ordinance adopted by all conmunties using the facilities. Mr. Jessen was requested to get copies of tree disease ordinances from other communties and more detailed information from Hennepin County. Mr. Lee requested that the Council give permission for the County to grade at the landfill site. A motion was made by Mr. Nesbitt to grant this permission. Mr. Redpath seconded. All voted aye. Motion carried. B. Shadow Green, Mark Z. Jones. Ordinance No. 192. Second Reading. Rezone from District Rural to PM 2.5. A motion was made by Mr. Nesbitt to adopt the second reading of Ordinance No. 192. Mr. Cosmano seconded. All voted aye. Motion carried. v C. Shadow Green, Mark Z. Jones. Ordinance No. 194. Second Reading. Rezone from District Rural to C-Convnercial. A motion was made by Mr. Cosmano to adopt the second reading of Ordinance No. 194 and order published. Mr. Nesbitt seconded. Messrs, Reath, Cosmano, McCulloch and Nesbitt voted aye. Mrs. Meyers voted no. Motion carried. D. Ordinance No. 195, Repealing Ordinance No. 167, Creating Escrow Account for Construction of Sanitary Sewer Laterals. A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 195. Mr. McCulloch seconded. All voted aye. Motion carried. Council Meeting NoveMber 28, 1972 Page Five V. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Mayor's Report. 1. Appointments of John Loves and James Flavin to the ciav Citizen Advisory Committee. A motion was made by Mr. Nesbitt to approve the Mayor's appointment of John Lovas and James Flavin to the CATV Citizen Advisory Comnittee. Mr. Comnano seconded. All voted aye. Motion carried. B. Director of Parks & Recreation Reports: I. Holasek Property Option. Marty Jessen reviewed and recomnended an option extension on the Holasek property at Bryant Lake. Federal LAWCON approval has not been received for this project and not anticipated for at least ) to 4 months he related. He stated that things were going slow in Washington due to request for resignations by the President following the election. The Bureau of Outdoor Recreation has requested an Environmental Impact State- ment and the time schedule for approval has been set back by at least the 3 to 4 months previously mentioned. The Holaseks have both agreed to extend the Village's option until July I, 1973 with no additional option money. The cost of buying will be increased by about 2%, the amount of real estate taxes payable in 1973 (est. $23,000). This amount will be added to the project cost and fund cost sharing might. The Council requested thai perhaps some help could be obtained from governmental people to speed this approval along. Mr. Jessen was re- questioned—to draft letters for the Mayor to sign. A motion was made by Mrs. Meyers to approve entension of the option on the Holasek property at Bryant Lake to July 1, 1973. Mr. Colman° seconded. All voted aye. Motion carried. 2. Mike Gorra Property - Anderson Lake LAWCON Grant Application. Marty Jessen reviewed the proposed Mike Gorra property purchase on Anderson Lakes. He related that the Village had submitted a LAWCON continguency application for the Anderson Lakes Park site. Final action has not been taken by the Federal Bureau of Outdoor Recreation, thus Eden Prairie cannot yet acquire this land and still be eligible for fund assistance (possibly 50% Federal and 50% State). A waiver of retroactivity from the Federal Bureau of Outdoor Recreation has been sought so that the Village can start condennation proceedings on this parcel. He further stated that attempts to negotiate a price for this property have failed. Mr. Gorra has asked $9,500/Acre plus $75,000 for the house or $8,500/Acre, $75,000 for the house plus 5 years free occupancy. Mr, Jessen stated that he felt this unreasonable in light of an appraisal of $7,000/Acre for the land and $65,000 for the hogs.. Council Meeting November 28, 1972 Page Six A motion was made by Mr. Cosmano to authorize condemnation of the Gorr* property upon receipt of appropriate authorization from the Federal Bureau of Outdoor Recreation. Mr. McCulloch seconded. Messrs, Comaano, Redpath and McCulloch voted aye. Mr. Nesbitt and Mrs. Meyers voted no. Motion carried. C. Manager Reports: 1. Request Authorization to Purchase Gas Chlorinator and Booster Pump in the Amount of 31,095. A motion was made by Mr. Nesbitt to authorize purchase of a gas chlorinator and booster pump in the amount of $1,095. Mrs. Meyers seconded. On roll call, all voted aye. Motion carried. 2. Change Order #3 for Lametti & Sons, Duck Lake Area Project in the Amount of $36.121. A motion was made by Mr. Nesbitt to authorize Change Order #3 for Lametti 1, Sons in the amount of $36,121. Mrs. Meyers seconded. On roll call, all voted aye. Motion carried. 3. Change Order #2, Baker-Mitchell Road Improvement Establishing Unit Prices for Chanqe in Storm Sewer Design. A motion was made by Mr. Cosmano authorizing Change Order #2 in the amount of $350. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. VI. FINANCES A. Payment of Claims 11209 through 11220. A motion was made by Mr. Nesbitt to approve claims 11209 through 11220 for payment. Mrs. Meyers seconded. On roll call, all voted aye. Motion carried. Meeting adjourned at 11:25 P.M. Edna M. Nob:gran, Clerk EDEN PRAIRIE VILLAGE COUNCIL Tuesday, November 28, 1972 7:30 p.m., Village Hall INVOCATION - PLEDGEOF ALLEGIANCE - ROLL CALL COUNCIL MEMBERS: Mayor Paul Redpath, Ralph Nesbitt, John McCulloch, Joan Meyers, and John Cosmano COUNCIL STAFF: Village Manager Robert P. Heinrich; Village Attorney Harlan Perbix; Clerk Edna Holmgren AGENDA ROLL CALL j I. MINUTES OF REGULAR MEETING HELD NOVEMBER 14, 1972. It. PUBLIC HEARING A. Basswoods by Mark Z. Jones Associates in The Preserve. Concept plan approval and preliminary plat approval on 76 acres. (Report attached) Action: .11. Motion approving concept plan for Basswoods project. 2. Motion adopting Resolution No. 611 approving Preliminary Plat for 76 acre site, Basswoods. III. PETITIONS, REQUESTS & COMMUNICATIONS I A Letter from Southwest Sanitary Sewer Advisory Board dated November 27, 1972. (Letter attached) Action: .1 B. Petition from Eliason Builders dated November 8, 1972, for extension of water and sanitary sewer lines up Heritage Road to service Round Lake Estates First Addition. (Attached) Action: Receive petition and order engineering study. / C. Petition from Wallace H. }lusted for extension of sewer and water utilities to Pioneer Trail in South 4 of NEI Section 26. Action: Receive and file. I D. Petition from Nallace H. Hustqd for eJ4ension of sewer and water ytilities to Pioneer Trail in NW* of N1A4 Section 26. Action: Receive and file. el"4 614, /1 Council Agenda November 28, 1972 Page 2 III. PETITIONS, REQUESTS & COMMUNICATIONS (Cont. ) J E. Petition from Wallace H. Hustad for extension of sewer and water utilities to Franlo Road and Co. Rd. 18 in NEI of Section 25. Action: Receive and file. F. Request of Hennepin Counts , for approve of layouts for CSAH 62: 1. Project 6839, Layout 58, 1-494 to CSAH 61. e.&:e t#1r7 2. Project 6312, Layout 7A, CSAH 4 to 1-494. 't 4 7 j, 7 0 0,Po Action: Continue to later meeting for action. IV. RESOLUTIONS & ORDINANCES .1 A. First reading - Ordinance No. 186. Tree Diseases Ordinance. (Letter att.) Action: Motion approving the First Reading of Ordinance No. 186. B. Second reading - Ordin ance No. 192. Mark Z. Jones "Shadow Green", rezone from District Rural to RM 2.5. Action: Motion approving Second Reading of Ordinance No. 192. %/c. Second reading - Ordirsance No. 194. Mark Z. Jones "Shadow Green", rezone from District Rural to C-commercial. Action: Motion approving Second Reading of Ordinance No. 194. D. First reading - Ordinarsce No. 195. Repealing Ordinance No. 167 creating escrow account for construction of sanitary sewer laterals. Action: Motion approving the First Reading of Ordinance No. 195. V. REPORTS OF OFFICES, BOARDS, & COMMISSIONS c/(lwrt Action: B. Director of Parks & Recreation reports: / I. Holasek Property Option. Action: A. Mayor's report: / I. Appointments of Iolmn Lovas and James Flavin to the CATV Citizen Advisory Committee. Council Agenda November 28, 1972 Page 3 V./tEPORTS OF OFFICERS, BOARDS & COMMISSIONS (Cont.) /0. Director of Parks & Recreation reports: (Cont.) 2. Status report of Mike Gorra Property Acquisition (Anderson Lake lAWCON Grant Application). Action: C. Manager reports: /1. Request authorization to purchase g_as chlorinator and booster pump the amount of $1,095. Action: Motion authorizing purchase of advance gas chlorinator and booster pump in the amount of $1,095 from Feed-Rite Control Inc. 2. Change Order #2 for Lametti & Sons, Duck Lake area project with net increase to contract in the amount of $36,121. (Attached) Action: Motion approving Change Order #2, Lame tti & Sons. /3. Change Order inh Baker-Mitchell Road Improvement establishing unit prices for change in storm sewer design. (Report attached) Action: Motion approving Change Order 04 Suburban Engineering Inc. VI. FINANCES: A. Payment of Claims No. 11209 through No. 11220. Action: Motion approving payment of Claims No. 11209 through No. 11220. VII. ADJOURNMENT a.4... 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BID OPENING: SALE OF $2,500,000 GENERAL OBLIGATION WATER AND SEWER BONDS Three sealed bids were received and opened, Banc 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 Franc retired to evaluate the bid tabulation. MINUTES OF REGULAR MEETING OCTOBER 24 2 _ 1972 AD SPECIAL MEETING ON NOVEMBER 9. 1972. A motion was made by Mrs. Meyers to approve the minutes of October 24th with the following correction: Page Eight. 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 a 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 the Shadow Green project. Mrs. Meyers questioned what the treatment would be on the north si te where single family homes join the development. Mr. Peterson, Eden Land Corp. 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. Cosmano questioned graduated densi ty rather than more open space. Mayor Redpath asked tout the time schedule; if the south site is to be 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 be handled as planned. Mr. Nesbitt questioned Mr. Jones as to how long he would own these buildings in the two projects. He stated that he planned on at least 10 years ownership. Mr. Nesbitt said that he felt that unless there is good maintenance the project would soon look shabby. He then questioned the Manager if the Village could have any control over this; the Manager replied that they could by adopting an ordinance demanding inspections on single as well as multiple dwellings. Council Meeting November 14, 1972 Page Two Mrs. Meyers questioned whether the Council was voting on the whole p r o j e c t at this time, the Manager replied that they were. She noted that she h a d discussed the Convenience Center with both Mr. Putnam and Mr. Peterso n a n d she was still not convinced that it was a good project. She then rea d a list of her thoughts and ideas in a short review. Mr. Peterson state d t h a t he felt that it is a major intersection with a good controlled entra n c e . H e stated further that the only other use would be another apartment com p l e x but felt that this was a much better use of the property. He also fe l t t h a t the pedestrian paths coming from King's Forest and Forest Knolls wou l d s e r v e this center well. Mr. McCulloch said that he still felt that the Village does not have adequate fire protection equipment to serve this projec t a n d would not have for a couple of years. Mr. Peterson noted that requir e m e n t s for fire protection in the buildings had been upgraded. There being no further questions and/or comments, Mr. Cosmano closed t h e hearing and made a motion to rezone the north and south sites of Sha d o w Green from District Rural to RN 2.5. Mr. Nesbitt seconded. Messrs R e d p a t h , Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Mo t i o n carried. A motion was made by Mr. Cosmano to rezone the Convenience Center f r o m District Rural to C-Commercial. Mr. Nesbitt seconded. Messrs Redpa t h , Nesbitt, McCulloch and Commano voted aye. Mrs. Meyers voted no. M o t i o n carried. A motion was made by Mr. Nesbitt to adopt the first reading of Ordi n a n c e No. 192 rezoning the north and south sites of Shadow Green and the f i r s t reading of Ordinance No. 194 rezoning the Convenience Center. Mr. C o s m a n o seconded. Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye . Mrs. Meyers voted no. Motion carried. A motion was made by Mr. Commano to adopt Resolution No. 607 approvi n g Preliminary Plat of Shadow Green. Mr. Nesbitt seconded. On roll c a l l , Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye. Mrs. Mey e r s voted no. Motion carried. IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Letter from Howard, Needles, Tammen & Dergendoff. Set Meeting Date. A motion was made by Mr. Nesbitt to set November 20th for a meeting da t e with the Council, Planning Commission, Park and Recreation Commission with Howard, Needles, etal at 7 p.m. at Village Hall. Mr. Comm sec o n d e d . All voted aye. Motion carried. B. Letter from G. M. Carter, Jr., Concerning Issurance 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 Th e Preserve dated Hoverter 8th and one from Eden Land Corp. dated Novemb e r 8th. Mr. Cosmano seconded. All voted aye. Motion carried. Council Meeting November 14, 1972 Page Three 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 1221.// E. Letter...from Robert W. Hanson Concerning t -- Rosemount Ak _ Letters from T. A. Cartar„,Jr. and Robert 9. Hanson requesting utilities were received add filed. F. Duck Lake Area Utilities. 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 Carol! Muller and Associates, consultants on the project reviewed the problems that have been encountered in installing these utilities. He related that work would be completed by December 1st, the contracted date. All of the pipe would be in the ground and blacktopping would be completed on all roads. The Manager said that approximately 5011 yards of rock had been hauled into 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 recommendation, a motion was made by Mr. Nesbitt to adopt Resolution No. 603 authorizing the sale of $2,500,000 G.O. Water and Sauer Bonds to Banc Northwest for $2,460,125 net price, 5.0921 net interest rate. Mrs. Meyers seconded. On roll call, all voted aye. Motion carried. D. 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 pro- cedUres for an effective program of tree maintenance in Eden Prairie. Mr. Nesbitt and Mayor Redpath both still question the advisability of trans- porting diseased trees within the Village to the landfill. Mr. Nesbitt feels that the Pollution Control Agency should be consulted in regard to getting permission to burn diseased trees. The Council requested the Manager to make formal request to the PCA in regard to this matter. The first reading of Ordinance No. 186 was postponed to the November 28th meeting. C. Ordinance No. 189. Second Reading. Edenvale 5th Addition. Reclassification from District Rural to District RN 6.5. A motion was mace by Mr. McCulloch adopting the second reading of Ordinance No. 189 and order published. Mr. Cosmano seconded. All voted aye.unanimous- ly. Motion carried. Sewer and Water Service to Council Meeting November 14, 1972 Page Four D. Ordinance No. 191. Second Reading. Reclassification of Hirsch Development Corp., The Preserve from District Rural to District RM A motion was made by Mr. Nesbitt adopting the second reading of Ordinance No. 191 and order published. Mrs. Meyers seconded. All voted aye unanimous- ly. Motion carried. VI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Village Manager's Reports 1. Request of Hennepin County Highway Department for Plat Approval County Road 62 and Shady Oak Road. Resolution No. 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) which is remaining after the Crosstown was completed. A motion was made by Mrs. Meyers to adopt Resolution No. 609, plat approval for Tract A, RLS. Mr. Nesbitt seconded. All voted aye. Motion carried. 2. Final Plat Approval. Atherton 1st Addition, New Town. Resolution ilo. 610. A motion was made by Mr. Nesbitt to adopt Resolution No. 610, Final Plat approval for Atherton 1st Addition, New Town. Mr. Cosmano seconded. All voted aye. Motion carried. 3. Change Order #I. Brown-Minneapolis Tank & Fabricating Co. Section I. Baker Road Reservoir Sanitary Water Improvement. A mot-isn was made by Mr. Nesbitt to approve Change Order PI in the amount of $780)to provide a safety cage on the outside reservoir ladder and metal '......plaafbrm 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. 4. Change Order #3. Minn-Kota, Section 13 Sanitary Sewer Improvements. A motion was made by Mr. Cosmano to approve Change Order #3, Minn-Kota Section 0 in the amount of $11,004.62. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. 5. Change Order #IV-7. Orfei & Sons, Inc., Topview Sanitary Sewer and 'later Improvements. This item was postponed until the November 23th meeting. 6. Change Order #1. McDonald & Associates, Inc.. WTR 71-8-29 Trunk Hater Mains. A motion was made by Mrs. Meyers to approve Change Order #1, McDonald & Associates, Inc. for trunk water mains ifTR 71-8-29. Mr. Coonano seconded. On roll call, all voted aye. Motion carried. Council Meeting November 14, 1972 Page Five 7. Phase II Joint School Village School Site Study. Donald RiPPel. A motion was made by Mrs. Meyers with Donald Rippel in the amount Village and School District. Mr. voted aye. Motion carried. to approve phase II School Site Study of $2,500 to be equally shared by the Cosmano seconded. On roll call, all B. Village Attorney's Reoorti 1. Report of Smnrad-Eggan vs. Village of Eden Prairie Court Case. Harlan Perbix, Village Attorney reported that the District Court had ruled that Ordinance No. 167 and a portion of Resolution No. 425 that pertains to escrow deposits in the amount of $1,000 for on site systems not now being served by utilities was unconstitutional. He recommended that collections already made should be repaid and that no more be collected. He also recommended that the Village does not appeal. A motion was made by Mr. Nesbitt to accept the Village Attorney's recomnen- dation. Mr. Cosmano seconded. All voted aye. Motion carried. 2. Report of vater 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 that he should have another report for the Council in a couple of weeks. 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 Dependable Plugbing, Inc. - Loren L. Brown Mill City Heating & Air Conditioning Co. - !Mu H. Stevenson SEVER Morris Plugbing & Heating, Inc. - Daniel R. Morris Vest Suburban Utility Construction - Jack O. Van Remortel Mr. Comnano seconded. Al1 voted aye. Motion carried. 0 Director of Parks & Recreation Reports: I. Holasek Option Extension. A motion was made by Mrs. Meyers to extend the option on the Holasek prop- erty until the LAWCON application is approved through December 1, 1972 with no additional cost and place on the agenda of Novenber 28th exercising the option. Mr. Cosmano seconded. All voted aye. Motion carried. Council Meet ing November 14, 1972 Page Six 2. Les Blacklock Property, Anderson Lakes for Park Purposes . Taking of Option. Marty Jessen, oark & Recreation Director reviewed the Le s B l a c k l o c k p r o p - erty on Anderson Lakes. It is located south of the North Anderson Lake off of Timber Trail on approximately 15 acres of rolling woo d e d l a n d w i t h a p p r o x - imately 3,000 feet of lakeshore. It is proposed to be us e d a s p u b l i c o p e n space, a part of the ro acre major community park site a t t h e A n d e r s o n L a k e s The appraised value is S82,080 for 13.68 acres of land . M r . N e s b i t t s t a t e d that he felt that the appraisal was too high and that per h a p s a n o t h e r s h o u l d be taken. A motion was made by Mr. Cosmano to take an option in the amount of $1,000 on the Les Blacklock Property extending to March 15, 19 7 3 . M r . R e d p a t h seconded. On roll call, Messrs Reath and Cosmano and M r s . M e y e r s v o t e d aye. Mr. McCulloch and Mr. Nesbitt voted no. Motion c a r r i e d . 3. Wayne Brown Property, Anderson Lakes for Park Purposes. Taking of Option. Marty Jessen, oark & Recreation Director reviewed the Wayn e B r o w n p r o p e r t y on Anderson Lakes. It is located east of South Anderson L a k e a l o n g C o u n t y Road 18 on approximately 7.5 acres of gently rolling, p a r t i a l w o o d e d l a n d with 1,230 feet of frontage on County Road 18. The are a i n c l u d e s t h e h o u s e , garage and barn. It is proposed to be used as public o p e n s p a c e , a p a r t o f the 300 acre major cammnity park site at the Anderson L a k e s . T h e a p p r a i s e d value is $90,550 for 7.5 acres and improvements. Mrs. Meyers made a motion to take an option on the Wayne B r o w n p r o p e r t y i n the amount of $5,000 to extend to January 5, 1973. Mr. C o s m a n o s e c o n d e d . On roll call, Messrs Redpath and Cosmano and Mrs. Meyer s v o t e d a y e . M r . 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 & Inv e s t m e n t R e p o r t dated November 14, 1972. Mr. Cosmano seconded. All vo t e d a y e . M o t i o n carried. B. Payment of Claims. A motion was made by Mrs. Meyers to approve claims 11035 t h r o u g h 1 1 2 0 9 f o r payment. Mr. Nesbitt seconded. On roll call, all voted a y e . M o t i o n carried. Meeting adjourned at 12:35 a. ra. Edna M. Hologram, Clerk PLANNING COMMISSION MINUTES November 21, 1972 Page 2 B. Status report on the 62 Crosstown freeway alignment through Eden Prairie from rhady Oak to (-494. Mr. Putnam showed slides of the proposed Crosstown route and pointed out the various cuts and filling which would be required. He stressed that both Eden Prairie and Minnetonka wished to preserve the valley area. He suggested one alternative of alignment along the Village line Ivith a 300 foot bridge span over Rowland Road and a 60 foot cut through the hill. He felt that commitments from Minnetonka should be secured regarding the creek valley and the servicing of the open space or park area. C. The Basswoods ' conceptual land use plan and preliminary plat application. Mr. Lee Johnson presented a lot size and distribution report and a letter from Mr. George Carter, President of Carter & Gertz Inc. The latter requested approval of the recommendations listed by Mr. Putnam in his Staff Report and asked that less restriction on the number of units be imposed. He felt that the present restriction of the original Preserve RID plan of six dwelling units per acre indicated a static rather than a dynamic planning process. Action taken: After discussion and clarification, Mr. Boerger made the following motion with Mr. Fosnocht seconding: that the preliminary plat approval and land use concept of the Basswoods area in The Preserve be approved with the staff recommendations a through d, with a changed as follows: Basswoods development stages be consistent with the original Preserve PUD plan which has a 6.4 dwelling unit per acre average for the 76 acre site. An amend- ment to this motion was made by Mr. Rayne Brown and seconded by Mr. Don Sorensen as follows: _6iimvoodSclevefaiment _stages , consistent with the original Preserve RID pi Motion carried with ayes from -Soren-len, Niibitt, Schee, and Brown, and nayes from Mikelson, Boerger and Fosnocht. The amended motion: that the preliminary plat approval and land use concept of the Basswoods area in The Preserve be approved with the staff recom- mendations a through d, with a change in a which would read: Preserve PUD plan, was then voted on with ayes from Sorensen, Nesbitt, Schee and Brown, and nayes from Mikelson, Boerger, and Fosnocht. D. Olympic Hills PUD, a proposed residential development along Franlo Road. Mr. Putnam explained his recommendations of the Staff Planning Report. Mr. AsLandis supported the location of the apartment PLANNING STAFF REPORT PROJECT: APPLICANT: REQUEST: DATE: FROM: THROUGH: Basswoods in The Preserve Mark Z. Jones Associates Preliminary Plat Approval and Land Use Concept Approval November 16, 1972 Dick Putnam, Village Planner Robert P. Heinrich, Village Manager COMMENTS: The Basswoods concept plan has been reviewed by the Park & Recreation Commission with a very favorable recommendation. They endorsed the layout which recognizes the major woodland character of the site and the great vistas . The uses proposed on the separate lots are consistent with the original Preserve P.U. D. Plan indicating mixed residential uses. The Mark Z. Jones proposal uses varied building types to accommodate the site features and provide a variety of unit types. However, the density proposed of over seven units per acre is in excess of the original P.U.D. approved, which was six units per acre. Approval of the Basswoods preliminary plat will allow the platting of the single family lots and streets and alignment of the neighborhood collector streets. The division of the property into parcels with land use designation will permit M.Z. Jones Assoc. to develop detailed site plans on these parcels. The site plans will be submitted to the Village for development stage approval, more commonly called rezoning. The number of units and their exact layout will be used to determine the acceptability of each individual project. The Village, in approving the preliminary plat and conceptual land use plan for the Basswoods, is committing the land to those uses without specifying exact density or site plan. By doing so, the developer knows that the suggested building type may be used in a certain area, but unit and site design will determine the final product. RECOMMENDATIONS: 1. Recommend to the Council approval of the conceptual land use plan and preliminary plat approval for the 76 acre Basswoods area in The Preserve with these stipulations: a. Basswoods development stages be consistent with the original Preserve P.U.D. plan, which has a six dwelling unit per acre maximum for the 76 acre site. Planning Staff Report November 16, 1972 Page 2 b. Detailed pathway/open space plans be submitted with development stage applications. c. The exact scenic easement along Anderson Lakes be workable; with the open space planning and legally acceptable to the Village, Attorney. d. Individual site plans be evaluated with special attention to the preservation of the natural character of the high knoll and heavily wooded site. DP:kg PLANWNG COMMIFS ON MINUTES November 7, 1972 Page 2 Mr. Sorensen pointed out that people mho buy property in an area have the right to believe that the property adjoining be developed in a similar manner with compatible use and same life style. Mr. Fosnocht, sharing the neighboring owner's concern and recognizing the traffic problem, moved that the Commission reject the proposal recommending to the Council that they not approve the proposal. This motion was not seccnded as other members of the Commission explained their views, both pro and con. Action Taken: Sorensen moved and Brown seconded to continue with the proposal at the next Commission meeting which would allow both sides, encouraged by the Commission, to meet at a mutually agreeable time to work out a resolution of this matter. Motion passed unanimously. B. Olympic Hills PAL. D, Concept Plan, presentation and Preliminary Staff Report. Mr. Stelios Aslanidis presented a slide review of the plan, considered units with floor plans, and landscape. Gross density will be 5.25, with building coverage on 5.7 acres, road coverage on 7.2 acres, and 19.0 open spaces or recreational activities. Mr. Putnam told of his concern of the building on the dense wooded area with the ridge line also presenting a problem. The driveway grade into the area, bad soil and water drainage, and buildings too close to greens could also be problem areas. Mr. Fosnocht asked if the project would be considered or continued if the apartment building was eliminated and the developer stressed the importance of that building. Easement rights for the sewer lines were questioned, and the developer's engineering study relating to that matter would be made available to Mr. Gene Schurman. Action Taken: Herb Fosnocht moved that the proposal be given to the Staff for recom- mendation. Norma Schee seconded. Motion was carried unanimously. Mr. Putnam assured the developer that the Staff Report would be ready in two wee ks. C. The "Basswood" Concept Plan for 76 acres in The Preserve. This is a refinement of the 1968 Guide Plan and Preserve Concept Plan. Mr. Putnam told of how this plan had been presented at the Park and Recreation Commission meeting and of the Commission's favorable reaction. PLANNING COMMISSION MINUTES November 7, 1972 Page 3 Mr. Dick Schwarz outlined their plans and indicated that they were seeking concept alproval and comments from the Planning Commission so that they could move ahead sith assurance. Approvals for development stages would be sought subsequently with road and utility approval to be among the first. Mr. Putnam suggested that the Commission recommend to the Council preliminary plat approval of the Basswood 76 acre mixed residential development in The Preserve with these stipulations: 1. That the development stages for the total 76 acre site be consistent with the original approved P.U.D. densities, approximately six units per acre over the 76 acre site. 2. That a detailed pathway/open space plan be submitted with the development stage application. 3. That the scenic easement along Anderson Lakes be legally acceptable to the Village Attorney. 4. That the individual site plans be evaluated with special attention to the preservation of the natural character of the heavily wooded areas. Action Taken: The Commission gave informal approval of the plan rather than formal concept approval. This would permit preliminary approval at the next meeting. The matter was referred to the Staff. D. Duck Lake Pound Lake Public Sector PlanninStudy, Preliminary Staff Report. Mr. Putnam told of the three major freeway (169, 212, Crosstown) proposal going through the Village. A study of the land use, transit, and transportation of the southwest sector is planned. The Metro Council would like the Crosstown to meet 5, with the County Highway Department not in complete agreement. The State Highway Department's primary concern is with the 2 12/169 corridors. HOMART is coming in shortly with conceptual development plans. The airport study with MAC entails system planning and the future of Flying Cloud Airport. Conclusion of Phase of the Civic CenteVHigh School Study is being reached. )5TAFF PLANNING PRELIMINARY REPORT DATE; October 13 , 1972 APPLICANT: Mark Z. Jones Associates PROTECT: Basswoods REQUEST: Concept Plan Approval on Platted Areas COMMENT: The proposal on the 76i acres includes a broad range of unit types and costs. The intent of presenting this rather general plat is to gain approval of the Village for this type and approximate density categories. The approval of the Basswoods land use plan does not write a "blank check" for the developer but rather makes the parcel the same as those in Edenvale. Land use has been determined but exact plans and densities must be approved by the Village prior to any rezoning on each parcel. At least two of the parcels will be designed and presented to the Planning Commission within the next few weeks. This will enable the Commission to see how the concept plan is being refined and will give M.Z. Jones Associates Village development stage (rezoning) action on one or more sites. The scenic casement along Anderson Lake is an area that the Park & Recreation Commission will want to discuss with M. Z. Jones and The Preserve as to use and size. Another important consideration will be The Preserve facilities being provided, such as pool, pathways, hard surface play areas or the area designated as sub centers in their concept plan. I would also like to present the Basswood proposal to the School District since they are directly affected. • SOUTHWEST SANITARY SEWER ADVISORY BOARD 20225 Cotlagowood Road in lIttephaven EXCELSIOR, MINNESOTA 55331 Area I — Minnetonka Alen 2— Edon Prairie Am 3— Benin at Minnesota Rim Arem 4— Chards/row end Chaska Area 5 — Shorewood, Excelsior, Doephaven. Greenwood, Tonics Bey. Woodland Area S — Wayzata, Orono, Long Lake, Medina Am.?— Viciona. Mound. SL Gonifacluk klinnetrista. Maple Plain. Inekteendenwil. tiering Park November 27, 1972 TO THE POLITICAL SUBDIVISIONS WITHIN SERVICE AREA A: Mr. Newcomb, legislator from White Bear Lake, has attempted to hold h e a r i n g s to examine the function of the Metropolitan Council and its subord i n a t e bodies. At a recent meeting the Roseville Council, being one of the c o m m u n - ities which challenged the Metropolitan Sewer Board and Metropolitan Council on the adoption of a Service Availability Charge as a means to pay f o r r e - serve capacity, adopted a resolution supporting Mr. Newcomb in his r e q u e s t for such a hearing. The Southwest Sanitary Sewer Advisory Committee feels that it is alway s b e n e - ficial to continually examine the function and direction of any gove r n m e n t a l agency, and this includes the Metropolitan Council. We also feel, t h o u g h , that this examination should be based upon the merits of the agency I n v o l v e d and its contribution to the area it is designed to serve and not be pr e d i - cated upon a momentary dissatisfaction with a decision which carries m e t r o - politan significance and is adverse to the interests of certain cormiu n i t i e s . If the Metropolitan Council Is to succeed i t will be necessary for them to make decisions which may be adverse to the larger communities which h a v e t h e largest political impact. We request that when your Council is requested to support the resolut i o n adopted by the Roseville Council, it closely examine the political Im p l i c a - tions of sod, support and any resolution adopted In support of such a s t u d y be carefully drafted to not imply criticism of the Metropolitan Counc i l a n d Its past decisions. If any of you have any questions concerning the a d v i s a - bility of adopting such a resolution, this resolution will be a subj e c t o f discussion at our December 14;1972 Advisory Board meeting, and we w o u l d b e happy to have a representative from your Council attend this meeting . T h e meeting will be held at the Deephaven Village Hall at 7:30 p.m. LOUIS B. OBERHAUSER, Chairman inter/ 044-.4 November 8, 1972 Mr. Robert P. Heinrich Village Administrator 8950 Eden Prairie Road Eden Prairie, Minnesota Re: Round Lake Estates Utility Extensions Dear Mr. Heinrich: Approximately one month ago we submitted a petition for the extension of the 16" diameter watermain from its present point of termination to its inter- section with Heritage Road. We are now asking that the Village take the necessary steps to extend the water and sanitary sewer lines up Heritage Road to service our first addition. We are enclosing a preliminary copy of our final plat to show the limits of construction that will be required for our first addition. Our engineer and surveyor have the first addition plans, for our internal work, virtually completed. We also would like a time schedule established so we may be able to coordinate our construction with the Village completion dates. Our present plans call for installing our internal utilities this fall and then completing the streets next year. Yours very truly, ELIASON BUILDERS 0//404( VILLAGE OF EDEN PRAIRIE PETITION FOR LOCAL IMPROVEMENT To the Council of the Village of Eden Prairies The undornignsd, being prcpc:ty ovncre in the Village of Eden Prairie interested in thn follwing dencribod improvement, do hereby petition for Sewer and water in the following location: Southeast of intersection of Town Road and Pioneer Trail in South of NE Section 26 and that the total cost thereof be assessed against property benefited by the improvement. Each petitioner waives all, notice required by law before construction or installation of said improvement, and further waives all notice required by law prior to assessing the land of petitioner for benefits to said land because of such improvement. NAMES OF PETITIONERS LEGAL DESCRIPTI:41 or PROPERTY OM BY PETITIONERS Well lace H. Hustod Attached EXHIBIT 1 That part of the Northeast Quarter o f S e c t i o n 2 6 , T o w n s h i p 1 1 6 , R a n g e 2 2 , lying West of lines described as follows: Commencing at a point i n t h e North line of said Section which is 9 9 8 . 2 5 f e e t W e s t a l o n g s a i d l i n e f r o m the Northeast corner of said Sec t i o n , w h i c h p o i n t i s m a r k e d b y a j u d i c i a l landmark; thence South parallel w i t h t h e E a s t l i n e o f s a i d S e c t i o n a d i s t a n c e of 1730 feet to a point which is ma r k e d b y a j u d i c i a l l a n d m a r k ; t h e n c e W e s t parallel to the North line of said S e c t i o n 3 3 0 . 4 f e e t t o a p o i n t w h i c h i s marked by a judicial landmark; the n c e S o u t h p a r a l l e l t o t h e E a s t l i n e o f said Section 234.7 feet to the cente r l i n e o f C o u n t y R o a d N o . 1 , n o w k n o w n as County Road No. 59 (the poin t o f i n t e r s e c t i o n o f s a i d l i n e w i t h t h e Northerly line of said road being m a r k e d b y a j u d i c i a l l a n d m a r k ) , t h e n c e South 49 degrees 34 minutes East a l o n g t h e c e n t e r l i n e o f s a i d r o a d 8 . 1 5 feet; thence Southeasterly along t h e center line of said road on a tangential curve to the left with a radius of 7 4 1 . 6 6 f e e t a d i s t a n c e o f 3 7 2 f e e t t o a point 998.25 feet West, measured on a line parallel with the North l i n e o f said Section from the East line of S e c t i o n 2 6 ; t h e n c e S o u t h p a r a l l e l t o s a i d East line 185.3 feet to the point o f i n t e r s e c t i o n o f s a i d l i n e w i t h a N o r t h e r l y boundary line of Lot 5, "Eden Pra i r i e A c r e s " w h i c h p o i n t i s m a r k e d b y a j u d i c i a l landmark and passing through th e p o i n t o f i n t e r s e c t i o n o f s a i d l i n e w i t h t h e South line of said road which point i s a l s o m a r k e d b y a j u d i c i a l l a n d m a r k ; thence Northwesterly and then So u t h w e s t e r l y a l o n g s a i d N o r t h e r l y l i n e a n d along the Northwesterly line of s a i d L o t 5 t o t h e i n t e r s e c t i o n o f t h e l a t t e r line with the South line of the No r t h e a s t Q u a r t e r o f s a i d S e c t i o n 2 6 . Except that part thereof embraced w i t h i n R e g i s t e r e d L e n d S u r v e y 1 0 3 2 . Also except all that part of the ab o v e d e s c r i b e d p r o p e r t y l y i n g S o u t h e r l y o f the center line of County Road No . 1 , East of a line 1543.67 feet Westerly of, and parallel to, the East line of th e N o r t h e a s t Q u a r t e r o f S e c t i o n 2 6 , T o w n - ship 116, Range 22, and North of a l i n e 1 5 5 . 2 8 f e e t Northerly of, and parallel to, the South line of the Northeas t Q u a r t e r o f s a i d S e c t i o n 2 6 , b o t h o f t h e aforesaid distances being measur e d a t r i g h t a n g l e s t o s a i d q u a r t e r s e c t i o n lines. VILLAGE OF EDEN PRAIRIE PETITION FOR LOCAL IMPROVEMENT To the Council of the Village of Eden Prairie: The undereigned, being prept:ty ouncrs in the Village of Eden Prairie interested in the follz•ing dencribed improvement, do hereby petition for S e w e r and a in the following location: Northeast of intPrAPrt inn nf Tn Wn.;n A Anal Pioneer Trai l in titq of NW Section 26 and that the total cost thereof be assessed against property benefited by the improvement. Each petitioner waives all notice required by lam before construction or installation of said improvement, and further waives all notice required by law prior to asseasing the land of petitioner for benefits to said land because of such improvement. NAMES or PETITIONERS LEGAL DESCRIPTIZ OF PROPERTY OINIED BY PETITIONERS Wallace H. Husted Attached EXHIBIT 1 That part of the West One-half of the Northwest Quarter of Section 26, T o w n s h i p 1 1 6 , Binge 22, described as commuting at a point on the West line of.said S e c t i o n 2 6 d i p . tent 1421.5 feet South from the Northwest corner thereof; thence East a t r i g h t a n - gles to said West line 561.33 feet to the actual point of beginning; the n c e N o r t h 8 1 degrees 50 minutes East (assuming amid West line as bearing North and S o u t h ) a d i s - tance of 203.05 feet; thence North 5 degrees 21 minutes West 284.84 fe e t ; t h e n c e North 84 degrees 39 minutes East, 155 feet; thence South 5 degrees 21 min u t e s E a s t , 277.21 feet to a line bearing North 81 degrees 50 minutes East from the actual point of beginning; thence North 81 degrees 50 minutes East, 273 feet, more o r l e s s , t o e n • intersection with a line parallel with and 133 feet West of the East lin e o f s a i d West One-half of the Northwest Quarter; thence North along said paralle l l i n e t o a n intersection with a line parallel with and 465.11 feet North of the Sout h l i n e o f the Northwest Quarter of the Northwest Quarter of said Section 26; thence E a s t a l o n g the last mentioned parallel line 133 feet to the East line of said West O n e - h a l f o f the Northwest Quarter; thence North along said East line to the Northeas t c o r n e r o f said West One-half of the Northwest Quarter; thence West along the North l i n e t h e r e - of to an intersection with the center line of Purgatory Creek; thence Sou t h w e s t e r l y .along the center line of said creek to an intersection with a line drawn f r o m t h e actual point of beginning, to the Northwest corner of said Section 26; th e n c e S o u t h - easterly along said last described lino to the actual point of beginning . Subject to restricting, reservations and easements of record, if any. VILLAGE OF EDEN PRAIRIE PETITION FOR LOCAL r IMPROVEMENT To the Council of the Village of Eden Prairie t The undoreigned, being prcpc...ty ISCre in the Village of Eden Prairie interested in the follot•ing dencribod improvement, do hereby petition for Sewer and water beam in the following locations Between Frenlo Road end County Efoaci 18 in NE 4 of Section 25 and that the total cost thereof be assessed against property b e n e f i t e d b y t h e improvement. Each petitioner waives all notice required by law before cons t r u c t i o n o r installation of said improvement, end further waives all noti c e r e q u i r e d b y l a w prior to assessing the land of petitioner for benefits to said l a u d b e c a u s e o f such improvement. RAKES Or PETITIONERS LXAL DESCRIPTIi Or PROPERTY OWNED BY PETITIONERS Wa I lace H. Rusted attached HUSTAD REAL ESTATE 10525 BLUFF ROAD • EIDEN PRAIRIS MINNESOTA 55343 9414353 •r 941.5933 Beginning at the Southwest corner of the Na Section 25116-22; thence North along the North and South center line of said section to a point therein distant 800 feet South of the Nolothwest corner of the South 3/4 of the West of the Northeast * of said section; thence East parallel with the North line of the South 3/4 of the West, * of the Northeast * of said section a distance of 150 feet; thence Northeasterly to a point 300 feet East (as measured at a right angle) from the West line and 540 feet South (as measured along a line parallel with said West line) from the North line of said South 3/4 of the West * of the Northeast *; thence North parallel with the West line of said South 3/4 of the West of the Northeast *a distance of 190 feet; thence Northeasterly deflecting to the right 45 0 24 1 28" to an intersection with a line parallel with and 275 feet South (as measured at right angles) from the North line of said South 3/4 of the West * of the Northeast *; thence East along last said parallel line 705 feet to an intersection with a line parallel with and 1080 feet East (asmeesured at right angles) from the West line of said South 3/4 of the West * of the Northeast 4; thence North along last said parallel line to the North line of said South 3/4 of the West * of the Northeast *; thence East along the North line of said South 3/4 of the West of the Northeast * to the Northeast corner thereof; thence South along the East line of said South 3/4 of the West of the Northeast to the Southeast corner thereof; thence west along the South line of said NE* to point of beginning. A V ILLAGE or EDEN PRAIRIE PETITION FOR LOCAL; IMPROVEMENT To the Council of the %Tillage of Edon Pre-iris: The undornipmd, being prcpcety more in the Village of E d e n P r a i r i e - intereetod in thn fAllpeIngdencribod improvement, do h e r e b y s w s t i t i o n f o r in the following locations tlrnirrhy Rnmel 11:1 in RAni-.4nn and that the total emit thereof be assessed against prop e r t y b e n e f i t e d b y t h e improvement. Each petitioner waives all notice required by law before construction or installation of said improvement, and further waives al l n o t i c e r e q u i r e d b y l a w prior to assessing the land of petitioner for benefits t o said land because of such improvement. NAMES OF PETITIONERS LEGAL DESORIPTI= OF PROPERTY OWED EY =Trams The South of the Northeast of the Northeast and the North 1/8 of the Southeast of the Northeast 4 except the Smith 150 feet of the East 580 femt of the North 1/8 of • the Southeast of thelmrthlmst4 all Section 25 - 116 , North — 22 West of the 5th Print pallieridian. and North 53 rods of South 70 rods of .thiS Southeast of the Northeast I except road. • MEMO DATE: TO: THRU: FROM: SUBJECT: November 28, 1972 The Mayor and Village Council Robert P. Heinrich, Manager Marty Jessen, Director of Parks and Recreation CROSSTOWN HIGHWAY ALIGNMENT In 1971, the Eden Prairie and Minnetonka Councils each passed a resolution favoring a southerly alignment of the Crosstown extension from Shady Oak Road to Interstate 494. This was done primarily in an effort to preserve the natural beauty of the Rowland Road Valley along Nine Mile Creek. The terms of this resolution are clear and the responsibilities of the two communities are clearly defined. (See attached Resolution #438.) Since the resolution was adopted, Eden Prairie has moved to acquire all of the land along Nine Mile Creek lying west of Rowland Road. A LAWCON grant application has been filed and funding approval is anticipated -- "some time". Options were secured and are being proposed for extension to allow for the delay in grant approval. Eden Prairie has fulfilled their responsibility in the commitments made in the resolution. On the other hand, Minnetonka has not met the terms of the resolution with a concrete commitment taking action to preserve the valley. The gravel pit operation continues, the "industrial plan" for this area lives on, and the strongest statement one receives relative to open space preservation is that Minnetonka intends to acquire 250 feet on either side of the creek for park use. This proposal is woefully inadequate through this area because of the width of the valley -- in places approaching 1,500 feet in width, not 500 feet. This is far different than the "Mime-Prairie Park" concept discussed in a Joint Minnetonka- Eden Prairie meeting prior to the passing of the resolution favoring the Southern Crosstown alignment. With this background, the Park and Recreation Commission on Novenber 27, 1972, passed a resolution recommending to the Council that they reconsider their action in Resolution #438 favoring the Southern Alighment of the Crosstown Highway because: 1. Is the Crosstown essential or is there another possible alternative? Eden Prairie is nearly saturated with freeways already, 2. The Southern Alighment severs a small portion of Eden Prairie from the rest of the community. If the freeway CROSSTOWN HIGHWAY ALIGNMENT November 28, 1972 Page 2 through this area is deemed absolutely essential, then a North boundary of Eden Prairie alignment be favored or one further north into Minnetonka be proposed. The North boundary alignment could be implemented with a high bridge over Rowland Road, thus minimizing cutting and filling in the valley. Also a Northern alignment seems more compatible with surrounding land uses, i.e., Minnetonka's industrial thinking and gravel mining as opposed to Eden Prairie's residential planning. 3. That an Environmental Impact Statement be prepared for this section of road in an attempt to assure that the final alignment is the "best of all worlds". 4. Dien Prairie has made a firm commitment to preserve the Valley. Option money has been paid and LAWCON funding sought. The proposed Southern alignment may Jeopardize this funding and without commitment on Minnetonka's part, Eden Prairie has no assurance of valley preservation. MJ:kg VILLAGE OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 438 A RESOLUTION STATING INTENT 07 THE VILLAGE OF EDEN PRAIRIE REGARDING CERTAIN ASPECTS OF THE DESIGN OF COUNTY STATE AID HIGHWAY NO. 62. WHEREAS, the Hennepin County Highway Department has requested a resolution from the City of Minnetonka and the Village of Edon Prairie regarding the proposed alignments and extent of land protection intended as a result, and WriEREAS, the Village Council deems it proper and in the public in- terest to protect certain unique geological and scenic features of the Village of Eden Prairie,and tkiEREAS, the Village Council deans it proper and in the public in- terest to recommend the Southerly alignment of County State Aid Highway No. 62, and WHEREAS, the Village Council deems it propert and in the public in- terest that Rowland Road should pass over C.S.A.H. 62, and 141EREAS, the Village Council deems it proper and in the public in. Wrest to Provide for pedestrian and equestrian trai Is linking the City of Minnetonka and the Village of Eden Prairie in the Rowland Road valley, and HiEREAS, this subject connection between the two communities cannot be achieved through the use of the common box culvert proposed by the Hennepin County Highway Department, and WHEREAS, the Village Council deems it proper and in the public in- terest to maintain adequate access and egress to the existing and proposed interchange of C.S.A.Fi. 62 and 1-494, and WHEREAS, the Village Council deems it proper and in the public in- terest to recommend the downgrading of C.S.A.H. 62 to expressway status West of 1-494 until such time as need can be shown to limit the access, NOW, THEREFORE, BE IT RESOLVED BY DIE VILLAGE COUNCIL OF THE VILLAGE OF EDEN PRAIRIE THATi The Village Council shall look with disfavor upon any land use change or request that is contrary to the proposition of the preservation of the scenic qualities of the Rowland Road valley area, and awazek David W. Osterholt, Mayor Resolution No, 438 Page Two The Village Council favors the southerly alignment of C.S.A.H. 62 as proposed by Breuer and Associates, cons,/ tiny planners, and The Village Council favors an overpass for Rowland Road over C.S.A.H. 62 and a structure adequate to save pedestrian and equestrian conounication between the two comnunities adjacent to the South Branch of Nine Nile Creek, end The Village Council recommends proper access be provided to the existing and proposed ind4str1al parks at the interchange of C.S.A.II. 62 and 1-491s, and The Village Council recommends that C.S.A.H. 62 be downgraded from a limited access highway West of Interstate 494, to the status of an expressway until such time as it might need to be upgraded to limited access. ADOPTED by the Village Council of the Village of Eden Prairie this 10th day of August, 1971. ATTESTS 60, 77 t cL:/;.y,144,1 SEAL Edna N. Holagren, Clerk Ori l=111101F! .„,n 4„,c,s, 8950 EDEN PRAIRIE ROAD EOM PRAIRIE, MINNESOTA 55349 / TELEPHONE 5121 5414252 November 17, 1972 (Mr. Art. Lee, Director of Public Works, (Hennepin County, will be in attendance Tuesday (evening to answer the questions in this letter. Mr. Joe Helgevold Hennepin County Public Works 320 Washington Avenue South Hopkins, Minnesota 55343 Joe, On Tuesday, November 14, the Eden Prairie Village Council expressed general support for locating the County tree chipper at the IDC Landfill site. However, there are a few questions they would like answered: 1. Will Hennepin County reimburse Eden Prairie for any out-of-pocket expenses incurred because of this operation (i.e. , inspection costs)? 2. How will your operating procedures comply with Eden Prairie's proposed tree disease ordinance -- particularly, stockpiling of trees until you're ready to chip? 3, How will you control who brings out diseased logs and at what time of the year -- in other words, how will you keep people from, say, Richfield from bringing out diseased trees during the beetle emergent season ? 4. How will you be able to assist Eden Prairie in administering and enforcing the permit section of our ordinance, as well as other appropriate sections? 5. Is there any possibility of being able to grant burning permits to people for the purpose of destroying diseased trees? As an example, if someone in southwestern Eden Prairie had a good number of trees he had to remove and destroy, hauling and chipping might be too Mr. Joe Helgevold November 17, 1972 Page Two expensive while burning would be far less expensive and wouldn't really create a serious hazard. These points will be discussed at our next Council meeting on November 28 for final consideration. If you have any questions, please call. Thank you VILLAGE OF EDEN PRAIRIE Marty lessen Director of Parka & Recreation MJ:kg Blo. Proposed Eden Prairie Tree Disease Ordinance VILLAGE OF EDEN PRAIRIE RECOMMENDED OPTION EXTENSION ON THE HOLASEK PROPERTY AT BRYANT LAKE November 28, 1972 Federal LAWCON approval has not been received for this project. In fact, due to political situations in the federal structure, it is not anticipated for at least 3 - 4 months. Things are "going slow" In Washington due to request for resignations by the President following the election. The Bureau of Outdoor Recreation has requested an Dwironmental Impact Statement, and the time schedule for approval has been set back by at least the 3 - 4 months previously mentioned. The Holaseks (Alvin and Ward) have both agreed to extend the Village's options until July 1, 1973, with no additional option money paid. The cost of buying will be increased by about 2+%, the amount of real estate taxes payable in 1973 (est. $23,000). This amount will be added to the project cost and fund cost sharing sought. The occupancy agreement for the Holaseks is also extended by six months. Marty Jessen Director of Parks and Recreation AONNEMENT EXTiND OPTION This agreement made this 28th day of November, 1972, by and between Alvin Manic and Anna Holasek, and the Village of Men Prairie; WilBANAm, the parties hereto on or about ihuse 22, 1972, executed an option agreement, giving the Village of Eden Prairies the =elusive right and privilege of purchasing property demeibed in the Purchase Agreement attached to said option agreement according to tense stated therein, and WHIMS, it is the desire of the parties to extend the option period provided for in said option agreement, under its mdeting terms and oonditions with the exception of certain changes provided for herein- below, NON, TIOIREFORE, in consideration of the premises and the mutual conditions and promises as stated horeinbolow, it is agreed by end between the parties theta 1. That the option period in the existing option agreement shall be extended to midnight, July 1, 1973. 2. That the purchase price provided for in said option averment shall be increased in an ammet equal to the real estate taxes payable in the year 1973. 3. That the period which the liolaselcos may retain occupancy of the premises shall be extended for an !Additional six months beyond the time as provided for In the existing agreement. Is. All other tores and conditions in the existing option agreement of June 22, 1972, shall remain in full fora and effect. ' ' Alvin Iniasek Musa Holes* VELMA OF Ifei MU= Villags Ihneger /t . /(At 4? Moyer 7—• VILUVE OF EDEN PRAIRIE RECOMMENDED ACTION ON MIKE GORRA PROPERTY AT ANDERSON LAKES. November 28, 1972 The Village , has submitted a LASCON continguency application for the Anderson Lakes Park site. Final action has not been taken by the Federal Bureau of Outdoor Recreation, thus Eden Prairie cannot yet acquire this land and still be eligible for fund assistance (possibly 50% Federal and 50% State). A waiver of retroactivity from the Federal Bureau of Outdoor Recreation has been sought so that the Village can start condemnation proceedings on this parcel. If condemnation is not started, Mr. Gorra asks that his plat for this parcel, presented last spring, be approved so that he can build. Mr. Gorra has threatened a lawsuit to gain this right if the Village fails to act. Attempts to negotiate a price for this property have failed. Mr. Gorra has asked for $9,500/Acre plus ;75,000 for the house or 58,500/Acre, %75,000 for the house, plus 5 years free occupancy. Both seem unreasonable in light of an appraisal of $7,000/Acre for the land and $65,000 for the house. Therefore, I'd recommend that condemnation proceedings be started upon receipt of the appropriate authorization from the Federal Bureau of Outdoor Recreation so that Eden Prairie remains eligible for grant assistance. Marty lessen RIEKE CARROLL MULLER ASSOCIATES INC Noverber 10, 1972 Mr. Robert Heinrich, Village Manager Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota RE: CHANGE ORDER NO. 2 DUCK LAKE AREA OUR FILE NO. 8230 - SECTION 1 Dear Sir, Enclosed are four copies of the corrected Change Order No. 2 for Lametti & Sons. It includes the costs for constructing the lift station , forcemain and sewer for Coachl te Manor plus the estimated rock quantities needed to maintain traffic on the unpaved portions of the Duck Lake project. The costs for that portion of the sewer no longer needed to serve the Coachlite Manor area have been deducted changing the total construction cost by plus $36,121.00. Gene Schurman has already received copies of the construction plans for the lift station and pipe on 168th Avenue. Very truly yours, David 0. Husby, PE. RIEKE CARROLL MULLER ASSOCIATES, INC. DOH/pw Encs. architects engineers land surveyors planners nobling post MSc, box 130 hopitins, 'venomous 56343 location 8703 west 36th street it. louts park, 014000604* 612 9356901 Delbert Rieke, P.E., LB. Robert Carroll, P.E. Virgil Miller, P.E. Robert Robertson, P.E. Marlin D. Hutchison, A.1.A. Chefles Harper, P.S. Stet lord Thanes, P.E. Theyne Willor,rr. P.E. Drild Husby, P.S. R. Tipton Brown, P.E. Pant Marrinten, P.C. R. M. Greenlee, P.E. Richard Lewis, A.I.A. J. T. Aitken, A.I,A. Wm. 11. Hennenouth, trophies. netmesote 944 10rd fairmont it. cloud if,Inonk eto ton . Werner% mexttann Date Village Manager Consulting Engine Date • • EDEN PRAIRIE, MINNESOTA Change Order No. 2 Date November 10, 1972 Project: Sanitary Sewer and Watermain Improvements - Section 1 Contractor: Lametti and Sons Inc. Coinnletion: Date Dec. 1, 1972 (Substantial) (Previous) Dec. 29. 1972 (Subs.1 (Revised) August 1, 1973 (Final Final - Same Description: 1. Lift station and forcemain for Coachlite Manor area and gravity lateral sewer on 168th Avenue . . . Add 05,716.00 2. Crushed rock for street surfacing to maintain access .. . . . . . . . . . Add 54 250.00 Total Add $89,966.00 3. 8" & 10" gravity sewer from Coachlite Manor to Northeast and terminating at interceptor Deduct 53,845.00 4. Total Change to Contract . . . . . . . . . Add $36,121.00 It is mutually agreed that this Change Order is in accordance with the above Contract dated December 5, 1971 and that the change in the work described herein will be accomplished in accordance with the provisions of the Contract and that the Contract amount will be (increased) (decreased) in the amount of Thirty six thousand one hundred twenty-one and no/100 thao1lars ($ 36,121.00 ) as full compensation for all work under this Change Order and that the Contract completion date will be extended 0 calendar days for final completion, 28 calendar days for substantial completion. Contrictor /p4.4( ///,: • Date NOVEMBER 28, 1972 STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDEN PRAIRIE MINUTES OF THE BOARD OF AUDIT: The following accounts were audited and allowed as follows: Year • 1972 Date Voucher* Name Item Amount Void Albin 6 May Uherks Park Land Purchase 7,649.40 Harold M. Jessen October Mileage & Expenses 112.49 Reed Olson October Mileage 51.66 Insty Prints Printing for Public Safety Dept. 29.80 11/15 11209 11210 11/16 11211 11212 11/20 11213 11/21 11214 11/22 11215 11216 11/24 11217 11218 11219 Willard Anderson Wayne Lea State of Minn. James Oilman Larry Bjurlin Brauer & Assoc. Robert Johander Lametti & Sons, Inc. 11220 U of Minnesota Escrow Refund - Utilities 1,000.00 Special Fuel Tax 2.10 Escrow Refund - Utilities 1,000.00 NMI & AL 1 Trunk Sewers 14,208.00 Escrow Refund • Utilities 1,000.00 Section I - Sanitary Sewer and Water Improvement 211,098.17 Effective Housing Code Enforcement Seminar for Moyne Sanders -----isa TOTAL DISBURSEMENTS........... $ 23E4159.62