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HomeMy WebLinkAboutCity Council - 03/13/1973 EDEN PRAIRIE VILLAGE COUNCIL /" Tuesday, March 13, 1973 7:30 p.m. Village Hall INVOCATION - - - PLEDGE OF ALLEGIANCE - -- ROLL CALL COUNCIL MEMBERS: Mayor Paul Redpath, Joan Meyers, John McCulloch, Wolf Penzel, Roger Boerger COUNCIL STAFF: Village Manager Robert P. Heinrich;Village Attorney Harlan Perbix;Clerk Edna Hoimgren AGENDA I. MINUTES OF SPECIAL MEETING HELD FEBRUARY 21, 1973. and REGULAR MEETING HELD FEBRUARY 27, 1973. II. PUBLIC HEARINGS: A. Trunk Watermain in Scenic Heights Road from Mitchell Road west to Hiawatha Avenue. Project No. 72-8-21, (Report from Brauer & Assoc. dated 2/13/73 attached). Action: Motion closing hearing and approving Resolution No. 662, approving Improvement Project No. 72-8-21 and ordering prepa- ration of plans and specifications,or deny. B. Construction of Atherton Road, including Lateral Water and Storm Sewer from Mitchell Road easterly to the proposed East/West Parkway. Project No. 72-9-17. 'vi�j Action: Motion closing hearing and approving Resolution No. 663, approving Improvement Project No.72-9-17 and ordering prepa- ration of plans and specifications,or deny. 1 j) C. Mitchell Road Regrading, Paving,Curb and Gutter and Storm Sewer from Scenic Heights Road south to the South line of Section. 15. Project No. 72-3-20. Action: Motion closing hearing and approving Resolution No. 664, approving Improvement Project No. 72-3-20 end ordering prepa- ration of plans and specifications,or deny. Apr p D. Public Hearing on Proposed Liquor License Ordinance -Ordinance No. 202. Action: No action will occur at this meeting. The Second Reading of Ordinance No. 202 is tentatively set for March 27, 1973. K • Council Agenda March 13, 1973 Page 2 III. 9RDINANCES AND RESOLUTIONS: JA. $econd Reading - Ordinance No. 203, Eden Farms, reclassification of 11 lots from District Rural to RM 6.5. (Letter from Bather Ringrose Wolsfeld, Inc., Engineers for Shelter Corporation, in response to Mr. Andrew Daniluk's questions, attached). Action: Motion approving Second Reading of Ordinance No, 203. B. Resolution No. 659, uraina the Minnesota state Leaislature to Jove the Public Employee's Retirement_DA)Benefits. (Resolution and report from Finance Director are attached). Action: Motion adopting Resolution No. 659. C. Resolution No.6E6,urging Eden Prairie legislators to oppose Senate File No_ 4111., abolishing the Township System of Relief in Hennepin County. (Resolution and report from Village Clerk are attached.) Action: Motion adopting Resolution No. 665. v D. Second Reading - Ordinance No, 206, approving reclassification of Creekwood Estates from District Rural to RI 13.5. Action: Motion approving Second Reading of Ordinance No, 206. J E. Second Reading - Ordinance No. 209, approving reclassification of Basswoods, Site d2, from District Rural to RM 2.5. Action: Motion approving Second Reading of Ordinance No, 209. IV. PETITIONS, REQUESTS & COMMUNICATION£: J A. Letter from Eden Land fales. Inc, dated 3/5/73, offering the sale of the Bienvale Golf Course to the Village of Eden Prairie. (Letters of 3/5/73 and 5/18/72 are attached) Action: B. j,etter from Congressman Frenzel, dated 2/28/73, requesting Village of Eden Prairie's position on the proposed toll bridge over the Minnesota River. (Letter attached) Action: 1 Council Agenda !' March 13, 1973 Page 3 V. REPORTS OF OFFICERS. BOARDS, AND COMMISSIONS; A. Report of Councilman McCulloch: Hennepin County League of Municipalities activities. (Attached) — B. Report of Public Safety Director: _, 1. Annual Report of Eden Prairie Volunteer Fire Department. (Report attached --Public Safety Director Hacking and Fire Chief Mitchell) 1 2. Discuss agreement with City of Hopkins for the use of the Hopkins jail facilities. (ttk /t t C\ Action: Motion authorising the Mayor and ill ge Manager to enter into an agreement with the City of Hopkins for the purpose of using the jail facilities. C. Report of Village Clerk: Village Clerk's recommended License Application List dated March 9, 1973. (Attached) Action: Motion approving License Application List dated 3/9/73. D. Report of Parks and Recreation Director: Purgatory Creek Open Space Planning Study. (Report will be available at meeting. Mr. Howard L. Peterson, Riley-Purgatory Board of Managere will be present to discuss proposal.) 'i Action: Motion accepting the proposal of 1 to perform Open Space Planning for Purgatory Creek in the amount not to exceed to be equally shared with the Riley-Purgatory Creek Watershed District and authorize necessary base mapping of the study area in the amount of E. Report of Village ManageE: Council Meetings and Agendas. (Report dated 3/2/73 attached). Action: VI. FINANCES: "i 1 t iki A. payment of Claims No, 1554 to 1641, (Attached) rQ g,if_/ Action: Motion approving payment of Claims No. 1664 to 1641. B. Cash and Investment Report. . Action: Motion accepting Cash and laves eat Re t VII. ADTOURNMENT. MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, March 13, 1973 7:30 p.m. Vil l age Hall COUNCIL MEMBERS: Mayor Paul Red path, Joan Meyers, John McCulloch, Wolf Penzel, Roger oerger COUNCIL STAFF: Village Manager Robert P Heinrich; Village Attorney Harlan Perbix I. MINUTES OF SPECIAL MEETING HELD FEBRUARY 21, 1973. A motion was made by Mrs. Meyers to adopt the minutes of February 21 ae presented. Mr. Boerger seoonded. All voted aye. Motion carried. MINUTES OF REGULAR MEETING HELD FEBRUARY 27, 1973. Page 3, Paragraph 4: The sentenoe "Recommendations 1 thru 5 excluding 4, substituting the following to be inoluded in the motion: That this ;let is granted varianoee for Lots 4, 5 and 6 of HI ook 1 for possible lot size reduction." shotld be etrioken from the minutes. Page 5, Paragraph 1: A motion was made by Mr- Boerger to close the hearing and adopt Resolution No. 660 approving the RID Concept Plan for the Homart Shopping Center. Mr. Penzel seconded. All voted aye. Motion carried. A motion was made by Mr. Boerger to approve the minutes of February 27, 1973 as oorrected. Mr. Penzel seoonded. All voted aye. Motion carried. II. PUBLIC HEARINGS: A. Trunk Watermain in Sonic Heights Road from Mitchell Road west to Hiawatha Avenue. Project No. 72-8-21. Mr. (t91rge Farnpw+orth of Brauer & Assooiates presented the feaei- • biity report. He indicated that approximately $32,000 woud be the total projsot oost. The project isJpart of the Village trunk sys- tem—an extension of the Black and4eaoh 14n. It was the oonoern of the members of the oounoil that the Hiawatha SF' residents be made aware of the project. Mr. Jim Lindy, 8241 Hiawatha Avenue, voiced his interest in having the projectoom- pleted and conveyed the affirmative wishes of the Middleburg resi- dents and proporty owners of land south of Heidi'burg. A motion was made by Mr. Penael to dose the hearing and to adopt Resolution No. 662 approving Improvement Project No. 72-8-21 and ordering preparatiosn of plans and specifications. Mrs. Meyers seconded. Motion carried unanimously. B. Construction of Atherton Road, including lairal Water and Storm Sewer from Mitohell Road easterly to the proposed East/West Parkway. Project No. 72-9-17. Mr. Farnsworth explained the projeot and informed the council members of the anticipated cost of $102,000. Mr. Heinrioh, answering council members queries about the Scenic Heights and Mitchell Road intersec- tion, said that design information on 212 would have to be forth- ooming before a decision regarding the interseotion could be made. Mrs. Meyers made the motion to alose the hearing and to adopt ,e,,.I Resolution 663 approving Improvement Projeot No. 72-9-17 and order- ing preparation of plans and specifications. The second was made by Mr. Penzel. Motion carried with all members voting aye. C. Mitchell Road Regrading, Paving, Curb and Gutter and Storm Sewer tl1 from Scenic Heights Road south to the South line of Section 15. Project No. 72-3-20. ao A motion was made by Mr. Penzel of oaing the hearing and adopting Resolution No. 664 approving Improvement Project No. 72-3-20 and ordering preparation of pans and specifications. Mr. Boerger seconded. Motion carried after all eyed. • e • o D. Pubic Hearing on Proposed Liquor License Ordinance - Ordinance No. 202. Presentation was made by Mr. Perbix. Cisoussion followed regarding tic; investigative fees and Mr. Perbix was asked to reword these areas. An appioant would be eUaeged required to make a $1500 deep deposit ea to be used for investigative purposes with the unused portion of the ao deposit returnable. 0 ray b N No action occurred as the second reading of Ordinance No. 202 is tentatively set for Maroh 27, 1973. III. ORDINANCES AND RESOLUTIONS: A. Second Reading - Ordinance No. 203, Eden fe0s, reolassifioation of 11 lots from District Rural to RM 6.5. ego, 64,6 a-rrz..,yQ Mr. Heinrich related how additional reports and information had been secured as a result of Mr. Andrew Danil uk's questions. Mr. McCulloch made the motion to amend Resolution b4/ to incor- porate the Bather, Ringrose, iblsfeld, Inc.letter of March 13, 1973, Timing of Development recommendations 1 thru 5; and the U. S. Depart- ment of Agriouture letter authorted by Mr. Pat Kennedy of February 22 with its recommendations 1-8. This amendment is in addition to the Eden Farms conceptual approval. Mrs. Meyers seconded. The motion carried unanimously. Mr. Boerger made the motion to adopt the second reading of Ordinance 203 and order pubished. Mr. Penzel seconded. All voted aye. Motion carried. 6 MINUTES Page 3 March 13, 1973 B. Resolution No 659, urging the Minnesota Statelegislature to imlOve the Public Employee's Retirement (PERA) Benefits. The PERA law changes were discussed after which Mr. Boerger made a motion to adopt Resolution 659 urging the Minnesota State Legis ature to improve PERA benefits. Mrs. Meyers seconded. — Motion oarried unanimously. -- C. Resolution 665, wing Eden Prairie l.1.s litters to oppose Senate Fil e No. 410, abolishing the Township Syyllstem of Relief in Hennepin County. Mrs. Ho Imgren's notes of the Relief Board's annual meeting were dis- cussed. The estimated 4.5 to 5 mill increase was covered. Mr. NoCul I ough moved that Resolution 665 urging Eden Prairie Legisators to oppose Sentae Fil e No.410 be adopted. Pr. Fenzel seconded. Motion carried unanimously. Mr. Fenzel requested that a copy of Resolution 665 be sent to the Human Rights Commission so that they would be aware of oounoi) action. D. Seoond Reading — Ordinance No. 206, approving reclassification of Creekwood Estates from Distriot Rural to RI 13.5. h motion was made by Mr. Boerger to adopt the second reading of Ordinance 206 and order pubished. Mrs. Meyers seconded. Motion carried unanimously. E. Seoond Reading — Ordinance No. 209, approving reolasssification of Basswoods. Site d2, from District Rural to RM 2.5. A motion was made by Mr. Boerger and eeoonded by Mr. Penne to adopt the second reading of Ordinance 209 and order pubished. Motion carried unanimously. IV. PETITIONS, REQUESTS AND COMMUNICATIONS: A. Letter from Eden Land Sales, Inc. dated 3/5/73. offering the ae(e of the Edenvale Go If Course to the Village of Eden Prairie. Mr. Don Peterson informed the counoil of the addition of a paved parking lot, maintenanoe bulding, and cub house. These things attri- bute:3the $100.000 prtee increase overlast year's price. If the Village is interested. Mr. Peterson said, finanoing oonld be participation revenue bonds which Eden land would be interested in purohaseing. A motion was madeby Mr. Boerger and seconded by Mr. Passel to refer the offer to the Village staff for investigation and report. Motion carried unanimous I y. • MINUTES March 13, 1973 Page 4 B. Letter from Congressman Frenzel, dated 2/28/73, requesting Village of Eden Prairie's position on the proposed toll bridge over the Minnesota river. Mr. Joe Rimnaa and Mr. Myron Richards, representing 18-169 Corridor Connittee, told the Council that because of the heavy burden al ready on 35W and the antiquity of the other two bridges, private interests were investigating the possibiity of a toll bridge crossing the Minnesota at County Road 18. The bridge mould oost about $12 mill ion dollars with 15,000 vehices at 25 cents amoritizing this cost. It vas felt that a gasoine tax increase woud beunpopular.and that the to l' was a way for buiding the four mil a of road and the bridge, keeping the roadway free. The Authority, when organized, would contain equal membership with L'-'. seven directors--o??e,,, ..te�aa agenoy; one appointed rye''; from the Oovernorj ind one' each oounty,Hennepin and Scott. fr'l' By estabishing a toll bridge authority, tins is scoured to get i1,6lr financial support for the projeot by issuing bonds. However, support from all oommmunitiss plus accesses to the bridge would be required. i It was hoped that the State woud build amuses bridge. ,,,,,,�1 It was the counoil 's concern that aeadrair oa�n e-Lhrw►Bh-by-EMse eat the proper gem. The stretch between the bridge and 494 woud be a questionable area. Mr. Richards indicated that Washington's Mondsle, l atniok, Frenzel, and Humphrey were very interested. Senators Bang, Mlatz, and Lord would be authoring the bill in the Minnesota senate. The enabling Act prepared by Dorseylaw firm woud permit the communities to oom- bine for the ale purpose of forming an authority for the oonstruotion of a bridge. Maintenace would be handed by the State Highway Dept. as well as polio'. After the authority is formed, the State Highway Department wouli be consulted and with Federal support the construotion cou d be done by 1980. a ,0,D.,Fp.7` ,,d Members of the Council requested a Dopy of the I nisi ationh - 6," nearing reports from the State-Utghway Lepartm ntr and firma ( r ' a rta. Mr.-"��inriah suggiletad`that the C�usa$- Beet*th- to �//`, Hi .way representjtives. �sk! V. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: id �,w �/.7 c a ow A. Report of Counci man MoCull ooh: 0x.../ J 4ti4 Hennepin Countyleague of Munioipalities activities. Mr. Redpath reported that in the near future the Hennepin County League you d be dispanded and a efforts mwu d be put into the Metro League, which has more money,larger staff, and headquarters. if MINUTES March 13, 1973 Page 5 B. Report of Put io Safety Director: 1. Annual Report of Eden Prairie Vol unteerFire Department w This report was perPr d until the next counci meeting. 0 °a Vs 2. Agreement with City of Hopkins for the use of the Hopkins jail __ i l it.) faoilitites. o b V ' The r eemeiit of$1 pe\booking and 3 per day�or the u e of 1.� °` . the j it faoilities was desired becatse county fsciI itie o a a a • be ovs'rbrowded--or a quick return to thi scene may be neces ry. 1Oa�� Mr. MaCu I touch made a motion authorizing the Mayor and Vi I I age Manager to enter into an agreement with the City of Hopkins for the ° 1f purposeof using the jail facilities. Mr. Penis' seconded. I Motion carried unanimous)y. 0 li oe C. Report of Viage Clerk: Vi I1age C ark's recommended License Application List dated 3/9/73. 1 a _Mrs. Meyers moved that thalicense Application List dated 3/9/73 e✓ o io with the addition of the Chart es Gould, 6285 c Lake Road, g ° 9Kennel license for 18 adult dogs and p to six month e d . pupsav Mr. Penzel seconded. Motion carried unanimously. b b A .1", be emcee". D. Report of Parks and Recreation Director: i 1 1 Purgatory Creek Open Space Planning Study. ??el tq Tabled. .4ws� A E. Report of Vill age Manager I o Council Meetings and Agendas. e c tila i 1 This was tabled and will be included in a work session. A 3 w - VI. FINANCES: A. Payment of (aims No. 1 554 to 1641. Mr. Penzel moved and Mrs.Meyers seconded the motion approving payment of Claims No. 1554 to *IS 1641. Upon roll call, all voted aye. Motion carried. B. Cash and Investment Report. A motion was made by Mrs, Meyers to accept the Cash and Investment Report. Mr. Pencil seconded. On Roll call , all voted aye. Motion carried. The meeting adjourned at 11:00 P.M. Susanne K. Lane 1 MHOS EDEN PRAIRIM VILLAGE COUNCIL Special Meeting 7:30 P.M., Village Hall Wednesday, February 21, 1973 Members present were: Mayor Paul R. Redpath, Councilmen Panel, Boerger, McCulloch and Councilman Joan Meyers. Also present was Village Manager, Robert P. Heinrich, Village Attorney, W. Harlan Perbix and Clerk, Edna M. Holiagren. PUBLIC HEARIAG Approval and Rezoning to C-Regional from District Rural of Approximately 100 Acres by Homart Development Company. 1. Hearing Declared Open by Mayor Redpath The Mayor opened the hearing on Homart Development Company rezoning end PUD approval. 2. Presentation by Homart Development Company Jerry Sandvig, Homart Development Company reviewed and presented the proposed shopping center project located on approximately 100 acres bounded by West 78th Street to the north, U. S. Highway 169/212 to the west and the proposed Ring Route to the south end east. He reviewed the November 24th,'1972 letter with their application and brochure'submitted. A series of slides were shown of Homart projects in Texas, New York State, Mexico City, Chicago and California.. Projected dates for the Maplewood end Burnsville shopping centers mere set for 1974 end 1976 with Eden Prairie in 1975. Mr. Sandvig stated that Hooart is a wholly owned subsidiary of Sears and that they would be the only owners of the center during end after completion. lie co amended ended the Village for planning done in regard to road systems end open space, said that Eden Prairie had been selected for the shopping center because of road patterns, the ring route around the cities end a major commercial area. Jim Winstead, the site planner then reviewed the project. He stated that Powers and Sears and the two level parking lots are projected to open in August of 1975. Drainage studies are being done by Soil Engineering, that plans were to drain water to the south and west of the project to Purgatory Creek then into the Minnesota River. Wayne lee, Architect stated that the mall building would be two stories in height, said that the Manager had been selected and that he had met with the Village staff. Mr. Sandvig then outlined maintenance for the project and plans for public safety. He then reviewed the schedule for the project, site construction starts in June, 1973, building construction initiated in July, 1973, utility construction ends in May, 1975 with opening on August 1, 1975. 3. Dick Putnam, Village Planner reviewed the Staff and Planning Ceamissioar' recommendations, specifically Section 4A of the Staff Report, items 1 through 5, in regard to a Southwest Sector Transportation Study proposed. The allocation, construction, signalling, etc. for the Ring Route is listed in this section. 1. Special Council Meeting February 21, 1973 Page Two 4. The Mayor then opened the meeting for discussion and questions. The Village Manager reviewed a Major Center Area Land Use -Tax Base Analysis Memo dated February 21, 1973. He stated that the purpose of this analysis was to examine alternative of land development and the probable impace in the Major Center Area. The Major Center area is defined as the City of — Bloomington and the Village of Edina to the east, City of Minnetonka on the north, Baker Road on the west, and the East/West Parkway on the south comprising approximately 1,000 acres. He also stated that the analysis of the Hamart Shopping Center proposal in the Major Center Area would indicate that the Village of Eden Prairie would not receive a substantial tax revenue surplus but that the Eden Prairie School District would benefit substantially because of the proposed development. Donald Sorensen, Willow Creek Road questioned how the Village bonding rate would be affected with this development, the Manager told him that it would be a substantial plus in the total debt. Bob Williams, Luther Way was concerned about ring roads in the Ring Route, were they going to be signaled? Deane Wenger, Barton Ashman Associates replied that sane intersections of the ring route would have to be signaled. Mr. Williams was also concerned about snow removal, the design of the spokes to the Major Center might not facilitate the removal adequately. Mayor Redpath replied that Homart was filly aware of the problem and would take steps to solve it. 5. There being no further questions or comments from the audience, the Mayor continued the hearing until the February 27th Council meeting and asked for questions from the Council. 6. The Mayor asked why the Cinema had been planned out of the shopping area at the work sessions that were held and now it was included in the mall area. Mr. Ssndvig replied that it had been determined that business was greater when placed in the center than out in another of the projects of theirs. Mr. McCulloch asked how many cars the lots would hold, was told that about 5,000 could be parked. The Mayor then asked what plans for a fourth store would do to the original plan for three. Dick Putnam replied that it would not substantially alter the character of the plan. Mrs. Meyers asked if there would be an automotive center attached to the rear of the Sears store,was told that there would be as it is in the plans of all of their stores. The Mayor suggested that the exterior of the buildings in the project be of a material that would enhance the site. He was assured that it would be done well. Mr. McCulloch asked if the heavy rains at times could be handled by Purgatory Creek. Bill Jensen, Suburban Engineering replied that the plan is to detain water in the ponds in the marsh area southwest of the center then an overflow to the creek, providing buffer zones with water being released on a gradual scale. 7. There being no further questions or comments from the Council the meeting adjourned at 11 p.m. Edna M. Holmgren, Clerk 11IPUTES EDEN PI'AII'IE VILLAGE COUNCIL Tuesday, Februar- 27, 1973 7:30 P.Ii., Village all Members present were: Mayor Paul R. Redpath, Councilmen Fenzel and Boerger and Council-oman Joan ileyers. Also '.resent was Village Manager, Robert P. Heinrich, Village Attorney, ". Harlan Perbix and Clerk, Edna M. Holmgren. I. i1ITRITES OF REGULAR MEETING HELD FEBRUARY 31, 1973 A motion was made by ilr. Boerger to anprove the ninutes of February 13th with the fol to ing corrections: "age 1. II. Presentation of liousin. Task Force Report. Addition to ”aragraph. firs. Sonja Anderson, to-Chairwoman of the Task Force reviewed and ^resented the report to the Council. S':e stated that tie Task Force had renuested twat a mobile none stud,/ he made in regard to design, construction and placement on location. Pane 3. Paragra h 3. That private restrictions and covenants shall be, etc. Page 3. D. The Oaks. Zachman Homes, Inc. Paragraph 1. 2nd Sentence. It is rroposed on 86 acres which would contain cluster homes and townhouses. Pa a 4. Paragraph 2. 4th Sentence. r. Garens, Castle Lane felt that it would not. �Pa9e��4. 5th Paragraph. Item 2. A motion was made by firs. Meyers to adopt Resolution No. 644, Edenvale 6th Addition with the recommendations in the February 6th Planning Commission minutes 1 through 7 e)cluding 4 and the recommendations regarding placing of traffic signs by the Public Safety Director dated February C, 1973. Pane 6. Item E. Ordinance No. 203. Paragra?fi 2. A motion was made by fir. McCulloch to continue the second reading of Ordinance No. 203 on February 27th. fir. Penzel seconded. All voted, etc. Page 7. Item C. Resolution No. 651. A motion was made by fir. Penzel,etc. Page B. Item 6. Last Paragraph. A motion was made by fir. Penzel adopting Resolution Ho. 655 accepting the feasibility reports of the Red Rock, etc. Mrs. Meyers seconded. MINUTES OF JANUARY 23 1973. Page 3. Paragraph 5. Sentence 3. All voted no unanimouT. ffotion denied. Pith these corrections, fir. Penzel seconded. All voted aye. Motion carried. J MINUTES Page 2 February 27, 1973 II. APPOINTMENTS _ A. Mayor's Appointment of Hrs. Kay Frick to Advisory Committee-CATV. A motion was made by Mrs. Meyers to approve the Mayor's appointment of Mrs. Kay Frick to the Advisory Committee-CATV. Mr. Penzel seconded. All voted aye. Motion carried. B. Mayor's Appointment of Mr. Ray Earls as Assistant heed Inspector. A motion was made by Mr. Boerger to approve the Player's appointment of Mr. Ray Earls as Assistant Heed Inspector. Its. Meyers seconded. All voted aye. (lotion carried. III. PUBLIC HEARINGS Rezoning A. CreekRuralwtodR1 13.5. FirstdReadingpment Corp.g. Ordinan ce 1IoZ206. fPPre om Di strict Plat Approval. Resolution Ho. 645. Bill Bonner, Hustad Development Corp. presented and reviewed the Creek- wood Estates project. It is located on 26 acres containing 52 lots, bordered on the south by County Road 1, on the west by Creek Knoll Road, on the north by Purgatory Creek and on the east by the Pleasant Hill Cemetary. Mr. Bonner reviewed the creek dedication near Creek Knoll Road on the west and north part of the project_ Ile noted the rather distinct ridge which falls away from the Creekwood project and to the creek very steeply. He further talked about the low area on the north and east Corp.side of the Creewod was doing furthero study tone that llarea and reque stated ested aadditionaalti d Development Hemfurthernsider reviewedeplansrforives andedicating land toto work th thedjacent Villageland owners. for creek trailway and preservation purposes. He further stated that the north boundary and the northeast corner of the project are would be considered at a later date. Thor. :,ring no furt..er discussion, 11r. Penzei made a motion to close tiie hearing and adopt t..r_ first reading of 1lydiaance Ilo. 206. Mrs. Iheyerr wounded. 111 vf.ted aye. Motion carried. firs. 11e;'ers made a notion to adopt Resolution do. 645 ap;,rovirQ the preliminary plat of Creokwoud Estates including Planning Commission recommendations of February 20, 1973 deleting item 4 with the following suustitution: That this plat be granted 'variances un Lots 4, 5 and 6 of Block 1 for possible lot size reduction. Iir. Penzel seconded. All voted aye. (lotion carried. B. Basswoods, Site d2 The Preserve !lark Z. Jones. Request for Rezoning from District Rural to Psi 2.5. First Reading., Ordinance No. 209. Preliminary Plat Approval. kesolution lb. 64fi. MINUTES February 27, 1973 Page Three Dick Putnam, Village Planner and Scott Godin, Hark Z. Jones reviewed and presented the Basswood, Site d2 project. tir. Godin reviewed the site plan with revisions after meeting with members of the various commission, the Village Planner, the Developer and Architect in order to determine if the buildings should be located as far into the woods as indicated on the initial plan. The revised plan would drop four units, bringing the total to 62 units rather than 70 units. The easterly building would now be in a straight line by approximately 40 feet pulling it almost entirely out of the woods. The revised plan indicates a distance of over 100 feet between the buildi ngs. Parking is provided on this site for approximately 24 guest spaces in front of the units with the remaining parking under the building at a relationship of approximately 11/4 spaces per unit. iir. Putnam stated that revisions to the site plan have been centered around the basic issues of balance between buildings and preservation of the natural site. Minimizing of the tree damage and maximizing of the views for the units into the woods and the views to the north toward Anderson Lakes is an ideal feature of this building site. Mrs. Meyers commended the developer and architect for the work done on this project to improve it. There being no further discussion, Mr. Boerger made a motion to close the hearing and adopt the first reading of Ordinance ilo. 2D9 rezoning Basswoods site d2 from District Rural to RH 2.5. Mr. Penzel seconded. All voted aye. Motion carried. A motion was made by Ilr. Penzel to adopt Resolution No. 64D approving the preliminary plat of Basswoods, Site d2 including the Planning Commission recommendations of February 20, 1973. Recommendations 1 thru 5 excluding 4, substituting the following to be included in the motion: That this plat is granted variances for Lots 4, 5 and 6 of Block 1 for pos- sible lot size reduction. Iir. Buerger seconded. All voted aye. (lotion carried. C. Improvement Hearing for Extension of Sanitary Sewer Along Best 78th Street from Purgatory_Creek to Rosemount Engineering Company. 72-7-25. Resolution Mo. 649. Dave Husby, Rieke, Carroll Huller presented and reviewed the extension of sanitary sewer along Iles 78th Street. He stated that when they first reviewed the project the estimated cost had been $80,000 but after soil tests the area was found to contain some bad material hence the$120,000 cost had been estimated. Paul Anderson, Attorney representing his father Calvin Anderson appeared to oppose the installation of pipe. His father feels that the land is not buildable or feasible at this point because of Highway 212 plans and flood plain, asked that it be rejected. Itr. Husby stated that only the buildable property would be assessed at the present time but that it would be reassessed when more property becomes buildable. The Manager stated that nothing would be assessed in the flood plain. He also said that Rosemount Engineering has a great need for utilities. Dick Putnam, Village Planner noted that as long as the property was being filled, there must be the intent to use. MINUTES February 27, 1973 Page Four There being no further questions or discussion, Mr. Boerger made a motion to close the hearing and adopt Resolution Ho. 649 approving the extension of sewer on West 78th Street and order plans and specs be prepared. Mr. Penzel seconded. All voted aye. .lotion carried. D. Improvement Hearing for Extension of Water Service to the Area Around and Including Rosemount Engineering Company. HTR 72-8-24. Resolution No. 661. Fred Whiting, Black & Veatch presented and reviewed the extension of water service on West 78th Street project. He recommended that after exploring several ways of serving this area with water, he felt that the service be provided from a lateral water main which will extend west approximately 2330 feet from a connection to a proposed 16 inch trunk water main along Flying Cloud Drive. He also recommended that the lateral main be constructed on the north side of the right-Of-way of 78th Street due to topography considerations. The proposed water main to serve Rosemount area would be 12 inches and he feels that this will be adequate to provide dependable sery ice and also future developments i n the area. Paul Anderson again objected to the project, feels that the Village is asking them to subsidize Rosemount. There being no further questions or comments, Mr. Boerger made a motion to close the hearing and adopt Resolution No. 661 approving the extension of water service to the area around and including Rosemount Engineering Company and order plans and specs be prepared. 11r. Penzel seconded. All voted aye. Notion carried. IV. ORDINANCES MD RESOLUTIONS A. Second Reading, Ordinance No. 203. Eden Farms. Reclassification of 11 Lots from District Rural to RH 6.5. This item was postponed until ilarch 13, 1973. 8. Second Reading Ordinance No. 208. Basswoods, Side b. The Preserve. Rezoning from District Rural to Rli 6.5. A motion was made by fir. Penzel to adopt the second reading of Ordinance No. 208 and order published. Mrs. leyers seconded. All voted aye. Motion carried. C. Homart Development Company. PUD Concept Approval of Approximately 100 acres. Resolution Ito. 66 . ezoning of Shopping 411 and Parking Area from District Rural to C-Regional Shopping-Eden Prairie Center. Ordinance No. 213, First Reading. Dick Putnam presented and reviewed the proposed shopping center located on approximately 100 acres bounded by West 78th Street to the north. • U.S. Highway 169/212 to the west and the proposed Ring Route to the south and east. MINUTES February 27, 1973 Page Five lir. Putnam reviewed a condensed version of a Staff Report on this project. He reviewed his recommendations 1 through 7 in regard to the PUD Concept Plan, future development, C-Regional zoning, etc. Village Attorney, Harlan Perbix suggested that this report be made a part of the resolution approving the Concept Plan and also the Planning Report of December 29, 1972- 11r. Penzel seconded. All voted aye. fbtion carried. A motion was made by Mr.Penzel to adopt the first reading of Ordinance No. 213 approving reclassification of the Shopping Mall and Parking Area from District Rural to C-Regional Shopping. Hrs. Meyers seconded. All voted aye. Motion carried. V. PETITIONS, REQUESTS AND C0MMUNICATIONS A. Letter from Riley-Purgatory Creek Watershed District, 2/14/73. Marty Jessen, Park & Recreation Director reviewed a joint venture proposal for open space planning along Purgatory Creek with the Council. He stated that he felt that the scope of the joint study ought to include management planning for natural habitats and hydrologic cycle of the creek, recreational planning for the use of these resources and interpretive planning for en- virorunental education and leisure education in the natural process. The Riley-Purgatory Creek Watershed District stated in their letter of February 14th that they would be willing to participate in a study at a cost of $5,000 provided that the Village would also be willing to participate in such a study and expend a similar amount. lir. Jessen stated that he understood that this amount could be used out of the Contingency Fund in order to match the Watershed District proposal. A motion was made by Mrs. Meyers to request lir. Jessen to bring in more detail for the March 13th meeting after working more with the Watershed District and Brauer & Associates. Mr. Penzel seconded. All voted aye. fbtion carried. VI. REPORTS OF OFFICERS, BOARDS AND COINIISSIOIlS A. Report of Councilman McCulloch: Hennepin County League of Municipalities Activities. 11r. I1cCulloch was absent from the meeting. B. Report of Director of Parks and Recreation: 1. Status Report on Park Bond Fund. Ir. Jessen reviewed the Park Bond Fund Status Report dated February 20, 1973 for the Mayor and members of the Council. He reported that the current balance was $44,000; grants receivable of $292,896.25; purchases payable of $519,062.50; grants receivable of $345,120.40 leaving a net balance of $162,954.15. Future commitments in the amount of $1,265,230 were reported for Bryant Lake and Anderson Lakes options and grants receivable in a like amount. MINUTES February 27, 1973 Page Six 2. Recommendation to Purchase Jim Boyce and Ed Woody Property at Staring Calve for Park Purposes. Jessen recommended purchase of the Jim Boyce and Ed Wood property - of 15.5 acres on the south side of Staring Lake between the lake and Flying Cloud Airport. Two appraisals have been completed on the property, one ordered by the Village indicated a market balue of $85,250, the other by Mr. Boyce and fir. Woody at 4.120,000. The 1970 market slue of the property was $87,000 and 1972 at $180,000. The Village can purchase the land for cash at a price of $120,000. This parcel has been funded out of the 1971 LAWCON money for a lesser amount $80,000; however, based on the appraisal by Mir. Boyce and also based on the recent condemnation award on the Blesi property across the lake from this parcel, Fr. Jessen stated that the $120,000 price appeared to be reasonable. He said an attempt will be made to secure additional funding from LAl1CON and State sources to cover the increased cost. A motion was made by Mr. Penzel to approve the purchase of the Boyce/Woody property for S120,000 for park purposes. firs. Meyers seconded. On roll call, all voted aye. Motion carried. 3. Report on Condemnation Award for Gordon Blest Property at Staring Lake. — -- - -Marty Jessen Jessen reviewed the Gordon Blesi condemnation award report dated February 20, 1973 with the Mayor and members of the Council. tie stated that the condemnation commission had completed its hearing and filed an award for the Blest parcel as follows: Fee award $87,500 and $300 Appraisal Allowance. The parcel includes 10.591 acres plus a log cabin in good condition. The Village had an appraisal done on the property that indicated a value of $50,400. The landowner had an appraisal done at $115,000. The value for tax purposes for 1973 is $75,900. lie noted that LAWCON funding for one-half of an estimated value of$63,000 had previously been approved. The Village will seek a LAl1C011 contract amendment to cover the Federal Share of the increased cost. Ile said that generally the Federal Share is increased when the cost is increased as a result of a condemnation award. A motion was made by 11r. Boerger to accept the condemnation award and approve purchase of the Blesi property in the amount of $87,500 plus $300 appraisal allowance if the property owner accepts. Hr. Penzel seconded. On roll call. all voted aye. Motion carried. 4. Allocation of Ibney to Survey Properties Along Nine Nile Creek for Park Purposes and Conduct a Naturalist Study of the Area to be Used in the Design Process. Marty Jessen. Park Director reviewed a request for funds to survey land adjacent to Nine Mile Creek in the area of the recent park donation from Northern States Power Company. He stated that the land that had been donated was just west of I-494 along Nine Mile Creek. The donation came about because of the effort on the part of certain private land MINUTES February 27, 1973 Page Seven owners in that area working in conjunction with the Village Staff and Northern States Power Co. in an attempt to develop a creekway trail system/open space plan in that area. Included among these land owners were the Howard Kaerwers, the Presbyterian Church and the Russell Marshs. Mr. Marsh has presented a development proposal for his land, which identifies the creekway for dedication as public open space. The Kaerwers and Presbyterian Church representative have indicated a willingness to donate the land owned by then to the Village. He indicated the only cost to the Village in acquiring these properties would be for surveys necessary to provide proper legal descriptions of the properties. It is estimated that survey costs for these two parcels would be approximately $2,500. By acquiring these two parcels, the Village would have ownership to all of the land along Nine Ilile Creek between 494 and Baker Road. A motion was made by Mr. Boerger to authorize survey work in the amount of $2,50O for property along Nine Mile Creek to be used from the Park Bond Fund. Mr. Redpath seconded. On roll call, all voted aye. Motion carried. C. Report from Village Clerk: Village Clerk's Recommended License Application List dated February 27. 1973. A motion was made by firs. Meyers to approve the Clerk's recommended license application list dated February 27th. Mr.Boerger seconded. All voted aye. Motion carried. D. Bid Award. Sub-Trunk Sanitary Sewer Improvement - Nine Mile One-A TAN 72-1-12. A motion was made by Mr. Boerger to award the bid for the Nine Mile One-A Sub-Trunk Sanitary Sewer project to the lowest bidder American Contracting Co. in the amount of S43,312. Mr. Penzel seconded. On roll call, all voted aye. (lotion carried. VII. FINANCES A. Payment of Claims No. 1478 through 1553. A motion was made by Mr. Boerger to approve payment of claims no. 1478 through 1553 for payment. hir. Redpath seconded. On roll call, all voted aye. Motion carried. Meeting adjourned at 11:20 P.N. Una M. lblmgren, Clerk FT:ASII;TLITY REPORT ON PROP OSO • PUBLIC WORKS IIiPROVENENTE THE RED ROCK PLANNING SE(:'f•O; VILLAGE OF EDEN PRAIRIE, NINNEF.OTA • COUNCIL MEETING DATE: February 13, 1973 AUTHORITY FOR STUDY Brauer & Associates, Inc. has been retained by the Village of Eden Prairie, Minnesota, by letter contract dntcd September 27, 1972, to study the feasibility of several Red Rock ;"ren public works improvements proposed for construction in 1973. SCOPE OF TUTS STUDY This study reviews the following proposed improwments: • a. Construction of trunk watermain in Scenic lie ,ht Road from Mitchell Road west to Hiawatha Avenue. b. Construction of Atherton Road including nr et-sir.: water and Storm sewer 3 inns from Mitchell Road east^r i•• to the proposed Natal-West Parkway. c. Regrading, paving, construction of curb and gutter and storm sewer in the. existing Mitchell Road right-of-way from the intersection of Scenic heights Road and Mitchell Road south to the south line of Section 15. • LOCATION OF TT11'ROVE1ENTS • The proposed improvement locations are shown on Plate Al attached to this report. METHOD OF STUDY Data pertinent to preliminary design of the proposed improvements and fur assessment of ti,ei.r economic justifi•.:atiea were gathered by the consultant. Project design criteria were reviewed with the Village staff for consistency with Village standards. 1 01'OSiiD SCENIC HEIGhTS ROAD TRUNK WATER MAIN The proposed 16" watermain will begin at an existing 16" stub of the 20" watcrmain located in Mitchell Road and will extend west along the south side bf Scenic Heights Road to time east aide of BRAUER 6 ASSOCIATES. INC. 1 ' 1 Hiawatha Aveius, a distance of Collie 1,200 l.i.ueal feet. The proposed .project also inclu:ic-, satermaiin, appurtenances: such as an air release valve and fire hydrants and provides for restoration of Scenic Heights Road surface after the main has br+n installed. The proposed 16" main will provide immediate e r:'Ier to the lateral watcrmains being installed in the first phase of Hipp's Mitchell Heights Planned Unit Development and will provide service to the Ray Mitchell property located on the southeast comer of Scenic Heights Road and Hiawatha Avenue. Costs of the proposed 16" watermain are esti.mcited as follows: • 16" D.I.P. Water.main 1,220 l.f. @ $if, $17,080 6" D.I.P. 11atermain 70 1.f. @ 'i 560 16" Trap Butterfly Valve & Box 1 each @ ?'') 1,200 6" Cate Valve & Box 2 each @ 400 Air Release Valve & Manhole 1 each @ .•RO! 800 Standard Hydrants 2 each @ ::40u 800 Fittings 3,000 lbs. @ ;U.6U 1,800 Bituminous Street Surfacing 200 ton @ 510.50 2i100 Subtotal $24,740 Engineering .& Administration 3,711 II Subtotal $28,451 6% Capitalized Interest (6 months) 853 TOTAL. ESTIPATED PROJECT COST $29304 The p opoael 16" trunk watcrmain is part of tl,e planned Village- wid a trunk watermaiu system and as such will provide ultimate Village-wide benefit. Costs of the project, if authorized, will therefore, be financed along with other currently authorized trunk wnturmain extensions. i'ROPOS?D ArHEPT07 ROAD CONSTRUCTION The proposed project includes construction of Atherton Road from Mitchell Load east to the approximate alignment of the proposed I r,!;t-11e:t Parkway, 8" watcrmain extending the entire length of Atherton Road with required appurtenances and storm sewer required for drainage of surface water. The roadway and required utilites have been requested by Shelter Development Corporation and New Town Development Corporation. The proposed roadway Is to be 28' wide between curbs with 7-ton pavement strength and concrete curb and gutter. The roadway will serve as a primary access to residential developments by Shelter Development and New Town Development for residential traffic. No parking will be allowed under these conditions. • ERAUEE &ASSOCIATES, INC. 2 The proposed 8" wa termain will serve as a crrtene,a lateral for the residential develorueuts adjacent to the roadway and will provide looping to a trunk waterma.tn which is anticipateu in the future East-West Partway. Costs of the proposed project are estimated a:; fin lows; . 8" A.I.P. Patermain 1,550 1.f. t? $9 $13,950 Hydrants 3 each 0 $400 1,200 Cate Valves 6 each 0 $200 1,200 Fittings 2,000 lbs. @ $0.60 1,200 Tap Existing 20"Main 3. each 0 $1'r00 1,500 12" RCP Storm Sewer 900 l.f. @ $14 12,600 Standard Manholes 4 each fi W0 1,800 Catch Basins 6 each 0 5400 2,400 Common Excavation 5,000 yds. G! $i.30 6,500 Gravel Base 3,200 tuns 0 :1/,.25 13,600 Bituminous Paving 710 tons C $12 8,520 11-618 Concrete Curb & Gutter 3,040 l.f. 0 $4 12,160 Subtotal $76,630 . Engineering & Administration 13j793 Subtotal $90,423 6% Capitalized Interest (12 months) 5,425 TOTAL ESTIMATED PROJECT COST $95 848 • If the project is authorized, it is proposed that all costs associated with the project will be assessed to the beneF.itted property owners on an equal share basis. PROPOiflU I1I'1'C11LLL ROAD PIPR0V1YENTS The proposed improvament includes upgrading Mitchell Road from the Scenic Heights Road intersection to the south line of Suction 15. The project includes improvement of grades, construction of 36' wide pavement with curb and gutter and constru,.tion of storm sewer for surface drainage. After consultation with Village staff a 36' width and 9 ton pavement strength are proposed. The proposed improvement will be located entirely Within the existing; Mitchell Road right—of-way width of 66' which is sufficient for the yroposed 36' pavement. It is anticipated that Mitchell Road will become a major route to the future Red Rock Village Center to be located in the Starring - • Lake area. The proposed width and strength will serve anticipated traffic volumes if the entire length is designated for no on-street parking in either lane. BRAUER & ASSOCIATES. INC. 3 :�I o:a . •.1 i . 1-?.cry .,1 a11..',Le necessary to orani continuo jea aueas • in the rvadva:'. The costs of the proposed project are est mal i d a!: follows: Common Excavation 5,300 c.y. @ $0.1.'i $ 3,975 Sub-.au: Excavation 7,000 c.y. @ $1 .15 8,750 1-1/7" 2341 Wearing 547 tons @ $7.00 3,829 2" 2331 Binder 741 tons @ $6.50 14,817 5" Class 5 Aggmgate 1.,930 tons @ $3.50 6,755 • — 7" Class 3 Aggregate 2,920 tons @ $3.50 10,220 _ Asphalt Cement 77 tons @ $40.00 3,080 Tack Coat 355 gal. @ $0'0 142 Prime Coat 2,128 gal. @ $0.30 638 11-618 Curl, & Gutter 3,750 1.f. @ $3.15 14,062 Manholes 2 each 0 $400 800 Catch Basins 7 each @ $350 2,450 • 18" RCP Class II (0-8') 855 1.f, @ $1 1,00 9,405 24" RCP Class II (0-8') 600 1.f. @ $1.`,.n0 9,000 Class A RLprap 10 c.y. @ 'llt1•'ii' 80 Type. I PiLtcr Blanket 5 c.y. @ ;.S•'!I' 25 Sod in-place 800 s.y. @ $i "0 800 Seed 1 acre @ $100 700 Subtotal $79,528 Engineering &Administration @ 16i; 14,315 Subtotal $93,843 , 6% Capitalized Interest (12 months) . 5,630 TOTAL ESTIMATED PROJECT COST $99,473 Property owners immediately adjacent to the proposed improvement are Zachnlaa llomes, Inc. and llipp's Construction Company on the went side of Mitchell Road and Now Town Development and Shelter Development on the east. The later three owners have formally petitioned for the propoued improvement. It is pro,00sed that owners immediately adjacent to and benefitted by the liitchell load improvement be assessed on a front-foot basin. The preliminary amount of each assessment would be computed as follows i Approximate Front Footage Improved =3,630 1.f. Total Assessment/Front Foot - $99,173 '$27.00/1.f. 3,6801.f. Zachnian homes 680 1.f. @ $27.00 $18,360 lliPP's Construction Company 1160 1.f. @ $27.00 31,320 Shelter Development Corp. 720 1.f. @ $27.00 19,440 New Town Development Corp. 1120 1.f. @ $27.00 30c240 Total $99,360 (NOTE: All quantities estimated.) BRAUER & ASSOCIATES, INC. 4 ENGINEER'S RECOMNEND\T] :G The above described improvements have been rcvie''ed by the Village staff. Design details established are consist cut with Eden Prairie standards and conform to existing development plans for the Red Rock area. If the proposed projects are authorized, it is recommended that ' all three projects be combined and authorized for final design as one single project. If this is the case, total project cost is estimated as follows: Scenic lleights Trunk Rater $ 29,304 Atherton Road Construction 95,848 Mitchell Road Improvements _99,413 Tota]. Estimated $224,625 • If authorized immediately, the project will proocrNd in accordance with • the following schedule: Final Plans and Specifications Approved Ai•rii 10, 1973 Bid Opening 11:v 1 O, 1973 Award of Contract My 22, 1973 Begin Construction June 15, 1973 Substantial Completion Scptvmber 15, 1973 Final Completion November 1, 1973 • /;filf.'Ree7.1 Itted by: d 0(Georgc(,:�. Farnsworth, P.E. BRAUER & ASSOCIATES, INC. loin • • • • 5 I BRAUER & ASSOCIATES, INC. 1 ._. / .' \ \,./.....,, A•iiil /' ............._:. r\ , -,•0 9 i ,r. a I — - — . ....- .... ,,,•.... __ —-- — -- -- k•-,,.,%C): ,,11-'i - -- I Li— ta I' - .,'" • / 0— ../l'I.; -.......„------:1:"‹•- i ti-;! L. ,,.!__._ _ .—, '" 1 X1 v, V ! 1----, / I A 0 -- -N;;' - c....,: .... _,,/ i --- :_v)..,::, ,-,#.!-z%;<• •,' ' • , 1., ; i - 4'.1 P,.. XIII •\.:\ 4, •,, , I ?1,•,, i -- .--, ___ •0 3 Y , •--1, i.•C,,f,_.. -L .'\ • ..., , , .... ,. ,..t,,. ,_ i, i . , "-- --•!..1 f i,;!:•1(.,..: , , )•\\..-...,,... L.c:.;• \ . 1....... 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I ; i ---1- ,.-.:-.,t,- I, Ji_l. p, t_..... -1.• _ • , i i • • --- •., I - --! 1,,y,.4, - li - I • -Itti_i.\\ --- . . i "e N . I 1 h.'4 IL—---.,: (, i 4r=--- --r.L-r= r's,r7i— — LI, n i,i \ , i::: ,.." , 1 "r :1_, •___ !, 1,1 -...r„, __ a,c,-..".• e , 1...,i,i • i _._ ._ 7_ — --- ,...---CIN • r, \ -,C9:4;,'T -N- \.....\ s. ..I illii I 1 • • i • ESTIMATE OF COST VILLAGE OF EDEN PRAIRIE, MINNESOTA RED ROCK PUBLIC WORKS IMPROVEMENTS • SCENIC HEIGHTS ROAD TRUNK WATERMAIN IMPROVEMENT NO. 72-8-21 HEARING DATE: March 13, 1973 PROJECT LOCATION: North half of the South half of Section 15, Township 116, Range 22, within the Scenic Heights Road right-of-way beginning approximately at. the inter- section of Scenic Heights' and Mitchell Roads, then West within the Scenic Heights Road right- of-way to the intersection of Hiawatha Avenue and Scenic Heights Road. PROJECT DESCRIPTION: Construction of approximately 1 ,200 1.f. of 16" trunk watermain and required appurtenances. TOTAL ESTIMATED PROJECT COST: $32,042.00 PROPOSED ASSESSMENT METHOD: Project is part of the Village water system. AiVED BY: / ( '"f/7/`- . `J�Qi42.,ja!�4��/ ,/Georg ;A. Farnsworth, P.E. • Robert Heinrich, Vill age Manager se SCENIC HEIGHTS ROAD TRUNK WATERMAIN RED ROCK PUBLIC WORKS IMPROVEMENTS IMPROVEMENT NO. 72-8-21 • ESTIMATED QUANTITIES MATERIAL UNIT PRICES TOTAL 1,Y20 1.f. 16" O.I. P. Watermain $ 14.00 $1 7,080.00 70 1.f. 6" O.I.P. Watermain 8.00 560.00 50 1.f. 8" D.I.P. Watermain 9.00 450.00 7 1 each 16" Trap Butterfly Valve& Box 1,200.00 1 ,200.00 2 each 6" Gate Valve & Box 200.00 400.00 1 each Air Release Valve &Manhole gOO.00 800.00 2 each Standard Hydrants 400.00 800.00 3,000 lb. Fittings 0.60 1,800.00 200 ton Bituminous Street Surfacing 10.50 2,100.00 i Construction Cost Subtotal 625,190.00 Add 20% Engineering, Administration 5,038.00 Add 6% Capi talized Interest (6% for 12 mos.) 1,814.00 1 ( TOTAL ESTIMATED PROJECT COST $32,042-00 I' 1 (. ESTIMATE OF COST VILLAGE OF EDEN PRAIRIE, MINNESOTA • RED ROCK PUBL IC WORKS IMPROVEMENTS ATHERTON ROAD CONSTRUCTION IMPROVEMENT NO. 72-9-17 HEARING DATE: March 13, 1973 PROJECT LOCATION: The project is located entirely within a 44-foot right-of-way, the centerline of which begins at a point 22 feet North of the intersection of the centerline of Mitchell Road and the South line of the Northwest Quarter of the Southwest Quarter, Section 15, Township 116, Range 22, then runs East parallel to the South line of the Northwest Quarter of the Southwest Quarter, Section 15 to the West line of the East-West Parkway right-of-way. The entire project is within the South half of Section 15, Township 116, Range 22. PROJECT DESCRIPTION: Construction of new roadway including rough grading, base and surface pavements, concrete curb and gutter and drainage structures and lateral watermain. Estimated length of roadway is 1,500 1.f. TOTAL ESTIMATED PROJECT COST: $102 193.81 (including construction cost, engineering, administration and capitalized interest) PROPOSED ASSESSMENT METHOD: It is proposed that parcels immediately adjacent to the proposed improvement be assessed equal shares of the improvement cost. ALLOCATION: Section 15, Parcel 4500 @ $51,096.90 (Estimated) Section 15 , Parcel 5000 @ $51,096.90 APPfj,1VED BY%/ � r•-#r"/mil' l 74^t /George f . Farnsworth, P.E. Robert Heinrich, Village Manager k ATHERTON ROAD CONSTRUCTION RED ROCK PUBLIC WORKS IMPROVEMENTS IMPROVEMENT NO. 72-9-17 •ESTIMATED QUANTITIES MATERIAL UNIT PRICES TOTAL L.S. Mobilization $ 0.75 $ 5,000.00 3,000 c.y. Common Excavation 0.75 2,250.00 2,025 c.y. Subgrade Excavati on 0.75 1,518.75 2,025 c.y. Subgrade Backfill 5.00 10,125.00 • 520 ton 2" Wearing Course 8.50 4,420.00 1,100 ton 4" Class 5 3.50 3,850.00 1,450 ton 6" Class 4 3.50 5,075.00 35 ton Asphalt Cement 40.00 1,400.00 1 1,500 gal. Prime Coat 0.30 450.00 2,700 1.f. B618 Modified Curb & Gutter 3.50 9,450.00 2 each Adjust Frame & Ring 75.00 150.00 10D 1.f. Remove Fence 3.00 300.00 1,100 .sy. Sod 1.00 1,100.00 1 acre Seed 500.00 500.00 3,500 s.y. Furnish & Place Topsoil 0.50 1,750.00 8 1.f. 12" R.C.P. 8.50 68.00 200 1.f. 15" R.C.P. 9.50 1,900.00 1 688 1.f. 18" R.C.P. 11.00 7,568.00 52 1.f. 24" R.C.P. 12.50 650.00 66 1.f. 27" R.C.P. 15.00 990.00 6 each Manhole 450.00 2,700.00 1 each Catch Basin 400.00 400.00 1,014 l.f. Class "B" Bedding 1.00 1,014.00 10 c.y. Class "A" Rip Rap 25.00 250.00 2 each Flared End Section 75.00 150.00 a. ` L.S. Connect to Existing 20" Mai at 1,500.00 1,550 1.f. 8" Watermain 8.00 12,400.00 154 1.f. 6" Watermain 6.00 924.00 3 each Hydrants 425.00 1,275.00 t 2 each 8" Gate Valve & Box 225.00 450.00 7 each 6" Gate Valve & Box 175.00 1,225.00 • 1,500 lb. Fittings 0.60 900.00 Construction Cost Subtotal S 81,702.75 Add 18% Engineering, Administration 14,706•.00 Add Capitalized Interest (6% for 12 mos.) 5,784.56 TOTAL ESTIMATED PROJECT COST S102,193.81 • C a ,,mot,-.. , —_ • • ESTIMATE OF COST VILLAGE OF EDEN PRAIRIE, MINNESOTA RED ROCK PUBLIC WORKS IMPROVEMENTS MITCHELL ROAD IMPROVEMENTS IMPROVEMENT NO. 72-3-20 HEARING DATE: March 13, 1973 PROJECT LOCATION: Wi thin the Mitchell Road right-of-way begi nning approximately 250 feet South of the intersections 1 of the centerl i nes of Mitchell and Scenic Heights Roads then South within the Mitchell Road right- of-way to approximately the South line of Section 15, Township 116, Range 22. PROJECT DESCRIPTION: Improvements to the surface of Mitchell Road including regarding, construction of base and surface course pavements, concrete curb and gutter and drainage structures. TOTAL ESTIMATED PROJECT COST: $1O2,521.98 (including construction cost, easement cost, engineering, admi nis- tration and capitalized interest) PROPOSED ASSESSMENT METHOD: It is proposed that Mitchell Road imp rovements be assessed to parcels immedi a tely adjacent to the improvement on a front-foot basis. • ALLOCATION: Section 15, Parcel 4500 @ 1056 1.f. (Estimated Section 15, Parcel 5000 @ 669 l .f. front footage) Section 16, Parcels 2800, 3630 @ 1,056 l.f. Sec tion 16, Parcel 6500 @ 669 1.f. TOTAL ESTIMATED IMPROVEMENT FOOTAGE: 3,450 1.f. TOTAL ESTIMATED COST PER FRONT FOOT: $29.72 A/P OOVED BY7ey /George.' . Farnsworth, P.E. Robert Heinrich, Village Manager MITCHELL ROAD IMPROVEMENTS RED ROCK PUBLIC WORKS IMPROVEMENTS IMPROVEMENT NO. 72-3-20 .ESTIMATED QUANTITIES MATERIAL UNIT PRICES TOTAL 2,300 c.y. . Common Excavation $ 0.75 $ 1 ,725.00 547 ton 1P' 2341 Wearing Course 8.00 4,376.00 741 ton 2" 2331 Binder Course 7.50 5,557.50 - 1,930 ton 5" Class 5 3.50 6,755.00 3,750 ton 7" Class 4 3.50 13,125.00 77 ton Asphalt Cement 40.00 3,080.00 355 gal. Tack Coat 0.40 142.00 2,128 gal. Prime Coat 0.30 638.40 3,750 1.f. 8618 Modified Curb & Gutter 3.50 13,125.00 5,600 s.y. Furnish & Place Topsoil 0.50 2,800.00 800 s.y. Sod 1.00 800.00 1 acre Seed 500.00 500.00 136 1.f. 12" R.C.P. 8.50 1,156.00 207 1.f. 15" R.C.P. 9.50 1,966.50 209 1.f. 18" R.C.P. 11.00 2,299.00 186 1.f. 24" R.C.P. 12.50 2,325.00 70 1.f. 27" R.C.P. 15.00 1 ,050.00 1 I 142 1.f. 30" R.C.P. 18.00 2,556.00 255 1.f. 33" R.C.P. 27.00 6,885.00 6 each Manhole 450.00 2,700.00 1,205 1.f. Class "B" 8edding 1.00 1 ,205.00 2 each Flared End Section 75.00 150.00 15 c.y. Class "A" Rip Rap 25.00 375.00 7 each Catch 8asin 400.00 2,800.00 3 each Connect to Existing 150.00 450.00 ( 1 L.S. Outlet Structure & Channel 3,O0000 Construction Cost Subtotal $ 81 ,541.40 Add 18% Engineering, Administration 14,677.45 Add Easement Cost 500.00 Add Capitalized Interest (6% for 12 mos.) 5,803.13 TOTAL ESTIMATED PROJECT COST S102,521.98 .- I • VILLAGE OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 202 AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR The Village Council of the Village of Eden Prairie ordains as follows: Section I-101. Definition of Terms. Subd. 1. The terms "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. Subd. 2. The terms "sale" and"sell" mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. Subd. 3. The term "off sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. Subd, 4. The term "on sale" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. Subd. 5. The term "wholesale"means and includes any sale for purposes of resale. The term "wholesaler"means any person engaged in the business of selling intoxicating liquor to retail dealers. Subd. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. Subd. 7. As used in this ordinance, the term "person" includes a natural person of either sex, co-partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoun includes the feminine and neuter. Subd. 8. The terms "package"or "original package" means any corked or sealed container or receptacle holding intoxicating liquor. q Ordinance No. 202 Page Two Subd. 9. The term "hotel"means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms --- with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof,a dining room with appropriate permanent facilities for seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. Subd. 10. The term"restaurant" means any establishment, other than hotel, under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public,and which employs an adequate staff to provide the usual and suitable service to its guests, and the principal part of the business of which is the serving of foods. Subd. 11. The term"club"means and includes any corporation duly organized under the laws of the State for civic, fraternal,social or business purposes or for intellectual improvement or for the promotion of sports which has been in existence for more than 15 years, and any congressionally chartered veteran's organization which has been in existence for more than 10 years prior to January 1, 1961,which shall have more than fifty members, and which shall, for more than a year have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. Subd. 12. The term"age of majority" shall be as defined by Minnesota Statutes. Ordinance No. 202 Page Three Section I-102. License Required. Subd. 1. No person except wholesalers or manufacturers to the extent authorized under State License, and except the municipal liquor dispensary, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this ordinance. Licenses shall be of two kinds: "On Sale" and "On Sale Club". Subd. 2. "On Sale" licenses shall be issued only to hotels and restaurants. Subd. 3. "On Sale Club" licenses shall be issued only to clubs. Section I-103. Number of Licenses Issued. It is hereby declared to be the public policy of the Village of Eden Prairie to issue one less "on sale" liquor license than authorized by State laws and to thereby avoid the abandonment of the municipal "off sale" liquor store operations. Unless otherwise authorized by a majority of voters vot,,,y on the question at a special election call for such purpose, the Vill„;e Council shall not issue the maximum number of liquor licenses autiorized by Minnesota Statutes 340:353. Section I-104. Applications for License. Every application for a license to sell intoxicating liquor shall be verified and filed with the Village Clerk. In addition to the information which may be required by the State Liquor Control Commissioner's form, the application shall contain the following: Subd. 1. Whether the applicant is a natural person, corporation, partnership or other form of organization. Subd. 2. Type of license applicant seeks. Subd. 3. If the applicant is a natural person, the following information: (A) True name, place and date of birth, and street resident address of applicant. (B) Whether applicant has ever used or been known by a name • other than his true name and, if so, what was such name. • or names, and information concerning dates and places where used. Ordinance No. 202 Page Four (C) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certifica- tion, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of the District Court, shall be attached to the application. (D) Whether applicant is married or single. If married, true name, place and date of birth and street resident address of applicant's present spouse. (E) Whether applicant and present spouse are registered voters and if so, where. (F) Street address at which applicant and present spouse have lived during the preceding ten years. (G) Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. (H) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. (I) Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (J) Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. (K) Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all discharges. (L) The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufac- turing or distributing intoxicating liquor and who is nearer of Ordinance No. 202 Page Five kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother-in-law or sister-in-law of the applicant or his spouse. Subd. 4. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subdivision 3 above. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and,if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Clerk of District Court shall be attached to the application. Subd. 5. If the applicant is a corporation or other organization and is applying for an "on sale" license, the following: (A) Name, and if incorporated, the state of incorporation. (B) A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and By-Laws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. (C) The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the infor- mation about said person as is required of a single applicant in Subdivision 3 above. (D) Notwithstanding the definition of interest as given in Section I-104, Subdivision 10, the application shall contain a list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of 5% or who are officers of said corporation or association, together with their addresses and all information a s is required of a single applicant in Subdivision 3 above. Subd. 6. If the application is for an"On Sale Club" license, the following information: (A) The name of the club. Ordinance No. 202 Page Six (B) Date that club was first incorporated. True copies of the Articles of Incorporation, By-Laws, and the names and street addresses of all officers, executive committee and board of directors shall be submitted. (C) A sworn statement that the club has been in existence for more than fifteen years or, in the event that the applicant is a congressionally chartered veteran's organization, in existence for more than ten years prior to January 1, 1961. The statement shall be made by a person who has personal knowledge of the facts statea therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. (D) The number of members. (E) The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an "on sale" license as is set forth in Subdivision 3 above. Subd. 7. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions.and location of buildings. Subd. 8. An applicant for an "on sale" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. Subd. 9. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the source of such money. Subd. 10. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade;the nature of such interest, Ordinance No. 202 Page Seven amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors,mortgagees, -- mortgagors, leadors, lien holders, trustees, trustors and persons who have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation. Subd. 11. The names, residences and business addresses of three persons, residents of the State of Minnesota,of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or, in the case where information is required of a manager,the manager's character. Subd. 12. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid; and if not paid, the years and amounts which are unpaid. • Subd. 13. Whenever the application for an "on sale" license to sell intoxicating liquor, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Building Department, no plans need be filed with the Village Clerk. Subd. 14. Such other information as the Village Council shall require. Section I-105. Renewal Applications. Applications for the renewal of an existing license shall be made at least • 90 days prior to the date of the expiration of the license. If, in the Judgment of the Village Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the Village Council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on sale" license, and in any event prior to the time that the appli- cation is considered by the Village Council, the applicant shall file with the Village Clerk a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate • of Authority. . Ordinance No. 202 Page Eight Section I-106. Execution of Application. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partner- ship, by one of the partners;if by an unincorporated association , by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. Section I-107. License Fees. Subd. 1. The annual license fee for "on sale" license shall be in an amount as set forth in of the Village Ordinances. The annual license fee for an "on sale club" license shall be $100.00. Subd. 2. The annual license fee shall be paid in full before the appli- cation for a license is accepted, All fees shall be paid into the general fund of the Village. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license,or upon with- drawal of application before approval of the issuance by the Village Council, the license fee shall be refunded to the applicant. Subd. 3. The fee for an "on sale"or "on sale club" license granted after the commencement of the license year shall be prorated on a daily basis. • Subd. 4. When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be as bllows: If building construction commences within 120 days after issuing the license, the license fee shall commence one year after issuance of the license by the Village Council or upon the date the building is ready for occupancy, whichever is sooner. If building construction is not commenced within 180 days after issuing the license, the license granted hereinunder will be void. Subd. 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by Subdivision 9 of this Section. Subd. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to thelCouncil within 30 days from the happening of the event. The Council may in its judgment refund a pro rota portion of the fee for Ordinance No. 202 Page Nine the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: (1) destruction or damage of the licensed premises by fire or other catastrophe. (2) the licensee's illness. (3) the licensee's death. (4) a change in the legal status of the municipality making it unlawful for a licensed business to continue. Subd. 7. At the time of each original application for a license, or application for change in ownership, except in the case of an "on sale club" license, the applicant shall pay in full an Investigating fee. For a single natural person, the investigating fee shall be $150.00. For a partnership, the investigating fee shall be $150.00 for each partner. For a corporation or other association, the investigating fee shall be $150.00 for each principal who owns 10%or more of said corporation or other associa- tion but in no event less than$300.00. No investigating fee shall be refunded. Subd. 8. At any time that an additional investigation is required because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigating fee in the amount of $50.00. Subd. 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged, no additional license fee will be required. Section I-108. Investigation of Applications. Subd. 1. All applications for a license shall be referred to the Public Safety Director, and to such other Village Departments as the Village Manager shall deem necessary, for verification and investigation of the facts set forth in the application. The Public Safety Director shall cause to be made such investigation of the information requested in Section 1-104, Subdivision 3, as shall be necessary and shall make a written recommen- dation and report to the Village Council. The Village Council may order and conduct such additional investigation as it shall deem necessary. Subd. 2. Upon receipt of the written report and recommendation by the Public Safety Director and within twenty days thereafter, the Village Council shall insttuct the Village Clerk to cause to be published in the official newspaper ten days in advance, a notice of a hearing to be held by the Village Council, setting forth the day, time and pleas when the Ordinance No. 202 Page Ten hearing will be held, the name of the applicant, the premises where the business is to be conducted, the nature of the business and such other information as the Village Council may direct. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. A license, other than a renewal, shall not be approved before the next regular meeting of the Village Council following such hearing. Section I-109. Persons Ineligible for License. No license shall be granted to or held by any person: Subd. 1. Under the age of majority. Subd. 2. Who is not of good moral character. Subd. 3. Who, if an individual, is an alien. Subd. 4. Who has been convicted within 15 years prior to the appli- cation for such license, of any violation of any law of the United States, the State of Minnesota, or any other State or Territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked for any violation of any law or ordinance. Subd. 5. Who is a manufacturer or wholesale-of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. Subd. 6. Who is directly or indirectly interested in any other establishment in the Village of Eden Prairie to which an On sale" license has been issued under this ordinance. Subd. 7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. Subd. 8. Who is the spouse of a person ineligible fore license pursuant to the provisions of Subdivisions 4, 5, or 6 of this section or who,in the judgment of the Village Council, is not the real party in interest or beneficial owner of the business operated,or to be operated, . under the license. Ordinance No. 202 Page Eleven Subd. 9. An "on sale" license will not be renewed if, in the case of an individual, the licensee is not a resident of the Twin Cities Metropolitan Area at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the Twin Cities Metropolitan Area at the time of the renewal; or in the case of a corporation, if the manager is not a resident of the Twin Cities Metro- politan Area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver,Dakota, Hennepin, Ramsey, Scott and Washington. Subd. 10. No person shall own an interest in more than one establish- ment or business within Eden Prairie for which an "on sale" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans;bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise,fixtures or supplies to such establishment; or an interest of 10 per cent or less in any corporation holding a license. A person who receives moneys from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bond fide", the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purpose- ful scheme or arrangement to evade the prohibitions of this section shall be considered. Section I-110. Places Ineligible for License. Subd. 1. No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the Village or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision;no waiver may be granted, however, for taxes or any portion thereof,which remain unpaid for a period exceeding one year after becoming due. Ordinance No. 202 Page Twelve Subd. 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, — Sections 340,07 through 340.39. Subd. 3. No "on sale" license shall be granted for a restaurant that does not have a dining area open to the general public, with a total minimum floor area of 1,800 square feet with a permanent seating capacity for not less than 150 guests at one time, or for a hotel that does not have a dining area, open to the general public, with a total minimum floor area of 1,200 square feet with a permanent seating capacity for not less than 100 guests at one time. Subd. 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be constructed as a common entrance or exit. Section I-111. Conditions of License. Subd. 1. Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the Village or State law. Subd. 2, The license shall be posted in a conspicuous place in the licensed establishment at all times. Subd. 3, Any public safety officer, building inspector, or any employee so designated by the Village Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant, Subd. 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. Subd- 5, No "on sale" licensees shall sell intoxicating liquor "off sale". Subd- 6. No license shall be effective beyond the space named in the • license for which it was granted. Subd. 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under the age of majority, or to any person to whom sale is prohibited by State law. Ordinance No. 202 Page Thirteen Subd. 8. No person under the age of majority shall be employed in any rooms constituting the place in which intoxicating liquors are sold at retail "on sale", except that persons under the ago of majority may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail "on sale". Subd. 9. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. Subd. 10. No licensee shall sell,offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. Subd. 11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a Federal gambling stamp. Subd. 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. Subd, 13. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the Village Manager, or other duly authorized representative of the Village at all reasonable times. Subd. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, by—laws, or partnership agreement, as the case may be, shall be submitted to the Village Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the Village Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds 5%, and shall give all information about y.. Ordinance No. 202 Page Fourteen said person as is required of a person pursuant to the provisions of Section I-104, Subdivision 3, of this ordinance. Subd. 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contri- bution was made and the person or organization for whom intended. Subd. 16. A licensed restaurant shall be conducted in such a manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. Subd. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein. Subd. 18. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. Subd. 19. No licensee shall discriminate in the opbration of licensed premises or discriminate against any employee or applicant for employment because of race, color, creed, national origin, or sex. Section I-112. Hours of Operation. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until 8:00 a.m. on Monday nor between the hours of 1:00 a.m. and 3:00 p.m. on any Memorial Day, nor between the hours of 1:00 a.m. and 8:00 p.m. on any primary, special or general election of the Village of Eden Prairie. No"on sale" shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No consumption of intoxicating liquor shall occur on the premises after 1:16 a.m. nor until 8:00 a.m. on the following business day, Section I-113. Clubs. No club holding an "on sale club" license shall sell intoxicating liquor •nooept to members end bona fide guests. Ordinance No. 202 Page Fifteen Section I-114. Restrictions on Purchase and Consumption. Subd. 1. No person under the age of majority shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him • any intoxicating liquor. Subd. 2. No person under the age of majority shall receive delivery of intoxicating liquor. Subd. 3. No person shall induce a person under the age of majority to purchase or procure or obtain intoxicating liquor. Subd. 4. Any person who may appear to the licensee, his employees or agents to be under the age of majority shall, upon demand of the licensee, his employee or agent, produce an-parerit to be examined an identification certificate issued by any clerk of the District Court in the State of Minnesota pursuant to Section 626.31 1 through 626.319, Minnesota Statutes. Subd. 5. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to persons under the age of majority, and in every proceeding before the Village Council with respect thereto, the fact that the minor involved has obtained and presented to the licensee, his employee or agent,(a verified identification card(issued by the Clerk of any District Court in the State of Minnesota from which it appears that said person was 21 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Subd. 6. Any person who may appear to the licensee, his employee or agent to be under the age of majority and who does not have in his possession any identification certificate as above described, may sign and execute a statement in writing as follows; • Ordinance No. 202 Page Sixteen • READ CAREFULLY BEFORE SIGNING The following are excerpts from the laws of the State of Minnesota, Section 340.731 Minnesota Statutes, Minors, Forbidden Acts or Staternerts: • "It shall be unlawful for: Any person to misrepresent or misstate his or her age, or the age of any other person for the purpose of inducing any licensee, or any employee of any licensee, or any employee of any municipal liquor store, to sell, serve, or deliver any alcoholic beverage to a minor; A Minor to have in his possession any intoxicating liquor with intent to consume same at a place other than the household of his parent or guardian." VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF$300.00 OR A 90-DAY IMPRISONMENT OR BOTH. My age is Date of Birth Place of Birth My address is Dated: Type of Identification Witness Signed The above form shall be fumished at the expense of all licensees desiring •to use the same and when properly executed may be considered as evidence in arty prosecution and by the Village Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year. Subd. 7. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. • Subd. S. No intoxicating liquor shall be consumed on a public highway or in an automobile. Ordinance No. 202 Page Seventeen Section I-115. Liability Insurance. Subd. 1. Insurance Required. At the time of filing an application for either an "on sale" or an "on sale club" liquor license, the applicant shall file with the Village Clerk a liability insurance policy which shall be subject to the approval of the Village Council. The insurer on such liability insurance policy shall be duly licensed to do business in the State of Minnesota, and the insurance policy shall be approved as to form and execution by the Village Attorney. Such liability insurance policy shall be in the amount of not less than$10,000 coverage for one person and $2 0,000 coverage for more than one person, and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obliged to pay by reason of liability imposed upon him by law for injuries or damages to persons other than employees, including the liability imposed upon the insured by reason of Section 340.95, Minnesota Statutes. Such liability insurance policy shall further provide that no cancellation for any cause can be made either by the insured or the insurance company without first giving 10 day's notice to the Village in writing of intention to cancel the same, addressed to the Village Clerk. Further, it shall provide that no payment of any claim by the insurance company shall, in any manner,decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned that the insurer shall pay, to the extent of the principal amount of the policy, any damages for death or injury caused by, or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the Village shall be named as joint insureds on the liability insurance policy. Section I-116. Revocation. Subd. 1. The Village Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxi- cating liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section I-115 in full force and effect. Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten day's notice of the time and place of the hearing and . Ordinance No. 202 Page Eighteen shall state the nature of the charges against the licen see. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. Section I-117. Penalties. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Three Hundred ($300.00)Dollars and imprisonment for not more than 90 days. First read at a regular meeting of the Council of the Village of Eden Prairie this and finally read, adopted and ordered published at a regular meeting of the Council of said Village on the Paul R. Redpath, Mayor of the Village of Eden Prairie ATTEST: SEAL Edna M. Holmgren Village Clerk ...._________ - 0 CORRIDOR 18,,,,,169. _ _ _ _ _ _ _ _ _ ._ . ...........0 • COMMITTEE li_ . TO WON IT MAY CONCERN 500 West 98th Street The prime goal of the "18-169 Corridor Committee" is to assist Bloomington, Minn. Tel. 888-8818 in the development of a transportation network for the entire STEERING COMMITTEE fast growing Southwestern portico of the metropolitan area. Walt Harbeck, Chrmn This goal includes the development of a transportation network Shakopee Joe Rimaac, Secy. which will provide safe and convenient access to and between Burnsville Otto Bang points within Hennepin, Scott and Dakota counties; to the re- Edina Al Hall winder of the Twin Cities area, to southern and southwestern Burnsville Bill Pearson Minnesota, while also eliminating the adverse effects of Prior Lake Norman Bareness regional transportation facilities which pass through the area. Prior Lake Myron Richards Savage Len Shafer Immediately, the tomsittee is concentrating oe the achievement Savage Jim Frady •f a toll bridge strobe the Minnesota liver it County Road 18. Shakopee Fay Pope ,, prime goal demands A high bridge connecting county road 18, , Burnsville Joe Reis ighway 101 and interstate 494, crossing over the Minnesota Shakopee Ray Foslid ' ver. The pupae is for traffic relief, industrial develop- Shakopee Ery Prenevost at, and oceanic savings to industry and the general public. Shakopee Harry Coult Eden Prairie Ray O'Neil Shakopee Leo Sailer M.N.&S. `/ Pat Colbert, Jr. Signed .�Ad// 'j -/rc Bloomington Walter Barbeck Y j,�a,yam �111 • Sen. John Metcalf Chairmen • Eden Blopm. Shakopee Prairie ington n.ti.,. ..e1w . .' , \,7 G' Li14 , ^�_,�� , Y 1 „` marcel jouseato t-"� J��.�� Li L Mite 201 roseville professional confer 2223 north hamline avenue roseville , minnesoto 85113 phone 612 /636-4900 - March 12, 1973 MEMORANDUM TO: Mr. Dick Putnam, Planner Village of Eden Prairie FROM: Marcel Jouseau RE: Eden Farms Phase I - Erosion and Sedimentation Control In order to minimize the impact of the development of Eden Farms Phase I on the immediate surroundings and on the Riley-Purgatory Creek watershed as a whole , we propose that the development of Phase I proceed in the order and manner descri bed below. It should be understood that a more precise description of the responsibilities of the various contractors, of the manners in which they are to proceed and of the techniques and means to be utilized to achieve erosion and sedimentation control will be written in the specifications. These specifications will be submitted to the Engineer representing the Riley-Purgatory Creek watershed for his approval prior to the beginning of construction. Disturbance of the environment, though minimum will arise from: - Construction of utilities • - Grading of cul-de-sac - Construction of houses A. Construction of Storm Sewer and Sanitary Sewer (End of Cul- de-Sac to Fl ood Plain) Construction of the sewer facilities will start from the Creek and proceed upward. A temporary settling pond to retain the soil particles wi11 be required at the bottom • • planning engineering transportation Page 2 of the slope during construction of the sewer facilities. The storm and sanitary sewer pipes will be placed within the same trench to minimize the clear cutting of trees and removal of ground cover. The opening up of the trench, construction of utilities, backfil1i ng of the trench, and establ i shment of the ground cover will be completed within one week. Water from the storm sewer, before reaching the Creek, will be handled in a way that will reduce the velocity of its flow and so prevent the scouring of the banks and bed of the Creek. The slope which has been exposed during construction work will be broken into short segments 25 to 50 feet in length (to be de termi ned by the Engineer). Dams across the trench wi 11 be bui 1 t to retain the soil above them. B. Construction of the Cul-de-Sac A temporary settling pond at the end of the cul-de-sac, to retain sediments and prevent them from entering the storm • sewer system, will be built before work on the grading of the cul-de-sac begins. Removal of the vegetation will be permitted only within the area to be graded as shown on a plan developed by a Landscape Archi tect. The extent of the grading will be limited to the width of the road bed plus the width of side s lopes necessary to provide stable slopes. The utilities will be laid down as soon as the work neces- sary to rough grade the road is compl eted. The final grading of side slopes is to be compl eted at the same time that the road is graded. Permanent or temporary stablization of the side slopes is to be achieved immediately. Stabili- zation of the slopes will be done in accordance with a plan developed by a Landscape Architect and approved by the Engineer representing the Riley-Purgatory Creek Watershed District. The surfacing of the cul-de-sac will be done in accordance with the Village requirements. Page 3 • When all the work has been completed and all bare areas have been permanently stabilized, the temporary settling ponds will be removed and the areas will be stabilized. _ C. Timing of Development It is proposed that the development proceeds in the following order: 1. Construction of a temporary settling pond at the • end of the cul-de-sac prior to beginning on the grading of the street, to retain soil particles before they go down to the Creek, 2. Construction of storm sewer and sanitary sewer upward from the flood plain. 3. Grading of the cul-de-sac bed and side slopes and stabilization of the slopes . 4. Construction of utilities (water, sanitary sewer, electricity, etc.) 5. Surfacing of cul-de-sac. MJ:cs P TO: Village Council DATE: March 13, 1973 SU3JECT: Eden Faros by Shelter Corporation FROM: Dick Putnam THROUGH: Robert Heinrich The Park and Recreation Commission asked that I list the various consultants and agencies which have reviewed the Eden farms proposal. I also will indicate their recommendation as to positive or negative. BATHER,RIHGROSE,tiOLSFELD, IIIC. Consultant site planners, engi neers advised Shelter Homes to develop the site as per the submitted plan. MARCELL, JOUSEAU, B.R.U., INC. Consultant planner who reviewed the proposal in two letters - March 2, 1973 and March 12, 1973. Recommend Positive for proposal. • EDEN PRAIRIE RESIDENTS IN DUCK LANE/ROUND LAKE AREA Oecember 18, 1972 the Eden Farms project plus sector planning and Hidden Ponds were discussed with about 40-6D residents at the Prairie View School with Planning ConmissionChairwoman Shelter, BIC!, and 11r. Donald Rippel Planning Consultant and the Village P1anuer, No recommendation only information presented. EDEN PRAIRIE PARK & RECREATION COIMMISSION ReVi ewed the proposal for Eden Farm at 3 separate meetings. March 12, 1973 was the most recent. January 8, 1973 and January 22 with Fir. Uani 1 uk present. Recommend strong support for Eden Farms projcet. EDEN PRAIRIE PARK & RECREATION DIRECTOR Reviewed the project and in January 23, 1973 report. Recommends Approval. EDEN PRAIRIE PLANNING COMMISSION Reviewed the project and strongly endorses the P.U.D. conc„pt, plan and rezoning. w EDEN PRAIRIE PLANNER Reviewed projected with residents on 4 separate occasions and with the other advisory agencies and commission Recommends strong Approval. UNITED STATES DEPARTMENT DF AGRICULTURE - SOIL CONSERVATION SERVICE Mr. Pat Kennedy and Robert Loth Reviewed the Eden Farms proposal and discussed the development methods, etc. with the Village Planner and G.R.W. Recommendations in letter February 22, 1973. Are favorable if proper erosion control and proper siti ng is used. RILEY-PURGATORY CREEK WATERSHED DISTRICT - BOARD OF MANAGERS Reviewed proposals for Eden Farms and strongly endorse proposal. Letters of January 3 and January 18, 1973. BARR ENGINEERING - WATERSHED ENGINEERS Reviewed the P.U.D. and rezoning proposals and strongly support project. Will require detailed engineering for sediment carted on akx places near creek. HENNEPIN COUNTY TRAFFIC ENGINEERING SECTION Cheif Samuel Fisher Reviewed P.U.D. Plan and preliminary plat for model home area and recommends relocation of buck Lake Trail as presenting no problem. Letter of January 22, 1973. IIERBERT KLOSSNER - COUNTY ENGINEER Reviewed the Eden Farms proposal and recommend approval based upon their 6 recommendations. Letter of February 1, 1973 EDEN PRAIRIE VILLAGE COUNCIL Reviewed all previous reports and approved P.U.D. concept plan and first reading on model area rezoning. ANDREU DAN I LUK- RESIDENT EDEN VIEW AREA Reviewed the project and recommend disapproval based upon letters and petitions of (larch 8, 1973 and January 9, 1973. TO: Mayor and Members pf the Village Council FROM: Village Manager DATE: March 13, 1973 SUBJECT: Economic Considera.tion of Eden Farms Among the several questions about the Eden Farms development raised by Mr. Daniluk, a resident of the area, is the following concerning economic effect: "llas a study been done of the total economic effect of this development upon the coumunity in terms of services required, increased or decreased taxes, etc? Have all costs and benefits been weighed? If so, what is the economic impact upon the community?" CONSIDERATIONS: 1. Open Space - It is very difficult to place a value on public open space. It seems reasonable to assume that the approximately 65 acres of public and quasi public open space provided in this development would cost in the range of $200,000 to $250,000 to acquire at 1973 land prices. 2. The streets or"driveways" serving the clusters and townhouses will remain as private ways maintained by the homeowners association minimizing future snow removal and street maintenance costs. 3. Recreation and open space facilities to serve the population of the proposed development will be provided by the development and maintained by the homeowners association. If. State collected locally .hared taxes as well an federal revenue sharing are tied to population and per capita distribution. The population added to the community by Eden Farms will increase Eden Prairie's share of these revenues. y. ''ypicaly, single-family homes in suburban locations will generate .1i3 public school students while apartments will contribute .11. A t theue rates one student is enrolled for each 9.5 to 10 r.nertment units, compared to one school-age child for each 2.0 to 2.5 single-family houses. Eden Farms projects 1.2 school-age children per cluster single-family unit and .5 school-age children per town- house unit. Projections which I personally view as on the high side. P w -2- The cost of educating a child is often 30 to 40 per cent higher than the taxes collected from the residential patrons depending, of course, on the value of the taxed unit. In single-family residences • the breakdown is probably where the market value is above$35,000. The housing units in Eden Farms will range in cost from$30,000 to 02,000. Sufficient revenues should be generated from the development to pay for the cost of educating the children living in the development as well as pay for the other required local government services. Alternative residential land uses which would minimize local government costs and maximize tax revenues could be either high density apartments or very expensive single-family homes or large lots in the $70,0004100,000 bracket. Aside from the marketability of these types of housing, I am not sure these alternatives at this location would be consistent with the goals and objectives of the community. It must be emphasized that the fundamental requisite of development policy does not flow from tax data and can be derived only by definition of goals and objectives which reflect the aspirations of our community. EMI/sr `.4. r' r marcel iouseaa, 0 suit, lot roseville professional center 2233 north homline avenue roseville , minnesota 35113 phone 612/636-4900 March 2, 1973 MEMORANDUM TO: Mr. Dick Putnam, Planner Vill age of Eden Prairie FROM: Marcel Jou seau, Associate AI P RE: Review of the impact of soi 1 s on the development of Eden Farms and the impact of Eden Farms on the hydro logy of Riley-Purgatory Creek Watershed At your request, we have revi ewed the impact of soil s on the proposed project and the i mpact of the project on the hydrology of the water— shed. The following comments are offered to you for your consideration. SOIL CONSTRAIlITS Oil THE DEVELOPMENT OF EDEN FARMS Existing soils on the site may impose several constraints on the development of Eden Farms. These constraints are generally of two types : 1. Poor drainago and seasonally high water table of the Oundas, Cordova, and Hamel soil series 2. High e rodi bi 1 ity potential of the Hayden, Burns v ille, Erin, soil series and Heyder and Kingsley soil complexes A third constrai n t is imposed by the mere geographic location of the soils that are wi thin the flood plain. Pi planning engineering transportation Page 2 1. Poor Drainage and Seasonally High Water Table Small pockets of soils with a seasonally high water table can be found within the site just south and adjacent to the flood plain of Purgatory Creek as well as in the southwestern corner of the site, close to Duck Trail (see Map). These soils belong to the Cordova, Dundas and Hamel series. The water table may be one to three feet below the surface for up to 90 days. The Cordova, Dundas and Hamel soi is that can be found within these poorly drained pockets are classed by USDA Soil Conser- vation Service in Building Site Groups 10 and 11. Soils included in Building Site Groups 10 and 11 are characterized by having moderate to severe limitations for residential devel- opment as a result of high seasonal water table and the effect on foundations of both buildings and roads. However, except for these soils within the flood plain and soils considered as Peat and muck, soils within the site are expected to have both adequate bearing capacity and stability for the type of devel- opment proposed. Before final design stage, soil borings will have to be taken to ascertain the extent of the problem and the boundary of these poorly drained pockets. Several solutions are available to avoid the problems created. by these soils: • a. Site planning: the ciusteri ng of buildings to avoid any of these poorly drained soil pockets; these soils being incorporated in the general open space plan for the site. This solution is available at the design stage. b. Tiling around foundation foo tings. c. Foundations built above wate r line. d. Streets and driveways must b e carefully designed to avoid heaving. 2. Erodible Soils Soils of the Hayden, Erin and Burnsville series as well as those of the Heyder and Kingsley comps exes generally have a low to medium organic matter content. Consequently, these soils when occurring on steep slopes have a high erodibility potential. Topsoil must be safeguarded to facilitate the establishment of the vegetative cover. Page 3 Large areas of occurrence of the Erin series and ileyder soil complex within the site are heavily wooded and, as indicated in the general concept plan, are included in the open space system or set aside for large-lot development. Considerable precautions in order to minimize the removal of the existing tree cover wi 11 be taken. Several methods of controlling erosion and the sedimentation of soil particles in the Creek will be uti 1 ized separately or in comb inati on. Some of these methods are: - construction of temporary sett ling basins at the outlet of each sub-drainage area. These basins would trap the sediments and prevent them from eroding the drainage-ways . - incremental development that will minimize the period of exposure of bare soils to the elements. - quick stablization of slopes by means of temporary cover and permanent vegetation. - storm drainage will allow for the retrieval of sediments and other matters . Finally, site planning at the detailed scale offers other solu- tions. The clustering of the housing units will be an asset in maintai ning as much as possible land with an undisturbed vegeta- tive cover and architectural solutions maki ng use of the natural topography should prevent unnecessary distu rbance of the exist- ing cover. 3. liaterl ogged Soil s these soils include the wetland areas and the peat and muck soils. These so i 1 s for the most part are covered with trees and are to be maintai ned in their natural state, as open space. Conclusion - The constraints imposed by the soils withi n the site are not gener- ally great but must be recognized. The developer in its Development Concept Plan begins to address him- self to some of the problems created by the soils -- inclusion of flood plain, steep slopes, wooded areas, into the open space system. • • Page 4 Further, the proposed clustering of the housing units will allow for more flexibility in siting the buildi ngs to avoid problem areas. In such a plan there is more "built—in" flexibility than in a conventional subdivision. The proposal is still at a concept level. At the design level of each individual phase the developer hopes to demonstrate acute sensitivity for the site with all i is potential and constraints. It is anti cipated that a sediment control plan will be developed in conjunction with the design of e ach phase. Such plan will then be reviewed by the Riley-Purgatory Creek Watershed District prior to submission of the detai led site plan for the approval by the Village Council . IMPACT OF EDEN FARMS ON THE HYDROLOGY OF RILEY-PURGATORY CREEK WATER SEED • The Village of Eden Prairie, as mos t of the southwest of the Metro- poll tan Region, is considered as en aquifer recharge area. Several geologic formations, whose quality as aquifer vary greatly, underlie the Village. The top formation is generally a gl acial drift from which most private wells draw their water. Small to moderate quantities of water are avail able from sand and gravel lenses interspersed within the formation. As the metropolitan area develops the reliance on shall ow wells in the glacial drift will not be possible. Underlying the glacial dri ft is the Shakopee-Oneta Formation. This is a very important aquifer from which large quantities of water are available. Beneath the Shakopee-Oneta Formati o n 1 ie the Jordan Sandstone, a very important aquifer, and the St. Lawrence Formation, which is prii.iarily a shale from which little quantities of water, if any, are a vailaHe. It should be noted that not alI the formations are present at all locations vaithi n the Vi ll age. It i s true that generally urbanization, because it reduces seepage of water through the soils and grea ter quantities of water are being withdrawn, results in a lowering of the water table. The urbani za- tion of Eden Prairie and of Riley-Purgatory Creek Watershed will tend to increase run-off and decrease groundwater levels. Page 5 The proposed development of Eden Farms at a density of 2.65 dwelling units per acre is expected to result in the coverage of 23% of the site with impervious material (asphalt, concrete, rooftops, etc.). This i ncludes the eight acres of the service center. As a comparison the subdivision immediately to the east of Eden Farms, built at an approximate density of 2.1 dwelling units per acre, resulted in about 26% of the site being covered with impervious material. It i s, therefore, clear that percentage of coverage with impervious rnateri al is not directly related to dens i ty of development. There- fore, it should he clear that coverage of the land with impervious materi al and not density is the important factor in discussing water run-off. It cannot be denied that Eden Farms will increase the run-off on the si te. However, it should be noted that the increase in the rate of run-off, will be not more than the rate of increase created by any other subdivision in the Village. The lower percentage of impervious surface of Eden Farms should actually result in less run- off than on other subdivisions. The pl an for the Riley-Purgatory Creek Watershed took into account a cove rage with impervious surface of 30% for areas to be developed for si ngle-family residences. The concept plan for Eden Farms indicates that the 100-year flood' plain, the steep slopes and wooded areas are to remain undeveloped thus allowing for water seepage through the ground. Further, the plan for Eden Farms indicates that a settling pond within the flood plain and another pond on the upland will collect the run-off from the site. These ponds will allow not only the retrieval of sediments and nutrients present in the run-off but also the seepage of water to the ground and the aquifer and the use by wild- life. The impondment of the run-off will also allow for gradual release of water to the Creek and, there fore, will not contribute to the flooding of the Creek. It i s expected that whatever run-off takes place on the site will remain on the site contrary to most subdi visions where run-off is disch arged into the municipal system and may or may not be available for aquifer recharge. Conclusion : The urbanization of Eden Prairie and of the Riley-Purgatory Creek Watershed is likely to result in a lowering of the water table in the area. Consequently, some shallow wells withdrawing water from sand and gravel pockets exi sting i n the glacial draft may become dry. However, this will not be the result of a single residential development. • Page 6 Urbanization generally results in an increase in run-off. The per- centage of coverage of the land with impervious material is the main factor in creating run-off. The impact of run-off on both the t- quantity and qual ity of water available for the recharge of the aquifer can be minimized. The development of Eden Farms will leave 77% of the land open to allow for seepage to the ground and will maintain the flood plain. Two impondments for the retrieval of sediments and nutrients and the recharge of the aquifer will be created. The gradual release of run-off water from the site to Purgatory Creek should prevent any negative effect of Eden Farms on the Creek at times of floods. MJ:cs TO: Robert P. Heinrich, Village Manager FROM: John D. Franc, Finance Director DATE: March 9, 1973 RE: Resolution No. 659. A Resolution in Regard to PERA Benefits 1. The interest assumption: The interest to be used by the actuaries should always be the "actual" rate of interest not a fictitious amount. 2. Retirement based on career average versus the highest five years: Because of the great difference in salaries paid in the 1940's and 5O's to those paid in the 1970's and thereafter employees, under present regulations, retire with monthly pensions far below the amount necessary for support. A 5 year average would provide a reasonable retirement plan. Monthly pensions, under the present plan, of $100 to $150 per month are not uncommon. 3. Survivor benefits: Village employees are either in the Basic plan or the Coordinated plan. If they are in the Coordinated plan survivor benefits come from Social Security; if they are in the Basic plan these benefits come from the PERA Basic Find_ The maximum benefit under the PERA Basic Fund plan is $250 per month; under Social Security it is about$500 per month. 4. Interest paid when a member receives a refund: It appears to be reasonable and fair to pay interest on money the PERA Fund has had on deposit. The question should be asked: What impact will this have on the Village's cost for PERA? Four of the present twenty four employees covered under PERA are in the Basic plan. All new employees will probably be in the Coordinated (Social Security and PERA plan). The cost of' these changes falls quite heavily to the Basic plan and therefore the cost to the Village will be slight. VILLAGE OF MOEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 659 A RESOLUTION IN REGARD TO PERA BENEFITS WHEREAS, the Eden Prairie Village Council feels that it has become increasingly evident that current benefits under PERA are grossly inadequate to provide for dedicated public servants after their reitre- ment, or for protection for their survivors: NOW, THEREFORE, BE IT RESOLVED that we, the Village Council respect- fully ask the 1973 Minnesota Legislature to improve the PERA law by making the following changes; 1. Change the interest assumption which the actuary is required to use from 34% to a figure which will appropriately reflect current potential earnings of the Amd, for example, 5%; 2. Change the definition of average salary from the current "career average" concept to en average of the five highest years; 3. Remove the limitation on survivor benefits the basic biceplan to reflect the fact that members now pay r on total salary; 4. Allow a reasonable payment of interest for the use of the member's money when a member receives a refund of his or her contributions due to termination of service prior to retirement. ADOPTED by the Village Council of the Village of Eden Prairie on day of , 1973. Paul R. Redpath, Mayor ATTEST: SEAL Edna M. Holmgren, Clerk • • �rl'Li,1 is OF l OEi; IT,A:f.12I:A Hisl;';i;r'.Tl% Coilhi'Y, I•'.Licm*t':OTA 12Ii":1011,UTIOld :0. A 111:30Id;i]Olti 1ii20In:D EDl id PRAIRIE LrIP,I,TORS TO OPPOSE RltihNAtE FILL 110, 4.10 A'WOLI+11f1IiG OF TOil TOWNSHIP SY3'.Cr:.. OP RELIEF 1iJ IIc;17IIPIh` COURTY ',- 1;11ER:'.3, Chore has been introdncn;l in the 1973 Session of' the State Le3isl.at:ure, Senate File No. 1110 which proposed that the town system for caring for the poor in the County of Hennepin be abolished, end, WHEREAS, such bill. would case the cost of the Villcz e for such relief to increase placiii,; an additional tax burden upon car citizens, eel bibEREdS, such a law -would remove any Village control of the aulcinisirat:i.ou of.the welfare program, thereby preventing direct control of expend 1;ures, and WHEIP;A.3, the Village feels that it is capable of continuing to 1erfarm thin service for the citizens of Eder; Prairie in an adequate acaauer keeping the cost to the local taxpayer at a minimum, therefore BE 1'1 1,,11.Olyi'i9 by tlra Village Coueai.l of the Village of ilden Prairie t et the Viliege hereby goes on record an c;rr,eing this bill ad ur;^s +.tr represent:,.-liven to take 1111 steps po:-rible to prevent this additional lwrden from being added to the Village ta?peyers, and • 1G', :LT I'U121;1ER 11E30L}';D that the Village Clerk in hereby author'i'c d di.;;%ctocl to irros,ate the Vi.Elr. ;r•' ro.1,e,r and. L•„isl.ator 'with a c.'alI ca. eel;' (•i ib.in r;:: i Itiram in Lieui poa:itice ai' i'cc VI.lm_m„: or,thin tre::;:cr. 1 flOFIJ ID by the V,ia -;c Council no 1 Paul. ii. nap ath,hayor 0l;'1': SEAL }'Ilia b. Imolmvxon, Clerk 11 / C- Suburban E r1:epin County Relici' Iiseal - Aa aril. l oti.r( A'nrch 1, 1973 [. C1u in...an Kenneth iurnl aen called the r.,ectirt. to order. TI. Joseph Ve say, Secy. Trcac. real t}vs minute; of 11972 annual nee t:i.nq. Alsoroved as road. _ I-- TILT. Presentation of Reports.: 1. Co'n;r"r:i ivc_1_e.Li e I' Cost: for-72 Mrs. Lior1,e ger reviewed relief cosi:a, stated that there would be no chap;ec; in mininetrat.ive charges _in 1973. 2. Status of Let;tslatioa Concerning Abol.iolanenl; of Townsh n System of Relief in Iicnnen.in Count',L. Joseph Vesely reviewed the status of legislation to abolish township relief sya tem. lie stated that the 1,111 that is in coaL:aitte now •.:ould abolish than township :system all over the state and place on a county basis. He reported that there vas a lawsuit started by Minneapolis al;ainst Hennepin County that is pending in the Supreme Court. The law now provides the county chase a city's relief costs if leas than 65% of the country's tr a base is within the city Limits, etc. (see attached February 28th Tribune arLicl_e), lie then reviewed the follow- lag brtalcclon of relief costs in Hennepin County and L:.inneapol.:i.s in 1972 as to costs for each under rending legislation if passed. North Rural Iicnnep.rn $ 68,796.22 Sub. Hennepin CLy. Relief Board 1147,27C.57 Bloom;.nston 6 f.359.26. 5 fi 272,919.05 Iiinvwo 011a 3,921.0'i4.36 $ 11-:193.9 41. Estima.tul Ta.: Base: 1iiniie polls 44, Suburban hence_ .yin Co:taly 5u„ 1109 3,933.}o1. 2,11:V',;r10.37 Sul erbc n Ilannapi.n Cettta ],7G1,1i7i.0•,a I:inry!pAin Mr. Vesely wain i_d 14.5 to 5 toilla o.cblition,.;1 for suburban liennep:i.a County.'tC Trill fuvesse. Representthie .loin Keefe reviewed status of bill, is in Health and Welfare Committees now, said we need art msende'cnt to Ha' bill because he's quite ieee the brill wi1I. pass as is. I;.irmcol•ol.i.s has edoptcd 1.11 : ILILi, feels they rust cell this rtet-el ore:,z but is not an car;:' i.crr.a:. lira nrga1 everybody to contact their respre satanic with their wishes. The Knickes.boeker Amendment (to seclude t'inneapolie end Suburban liennepiu C'otmty) will be presented at an 8 a.m., Tuesday March 6th meeting at the Capitol. Representative Keickerboeher reported that l Relief Board - Anneal :rc:t1.1,r, Lurch 1, 1973 Page J'rO these was nolb l.r . .a (:he House so far. Joan Grove stated thee it had not beer :in.`.rohic d in the Semite. Pr. Vesely then Tevicr:ed the Pedera i law that ',i.ill.bec�:ace effective Jvituary l., 1.971E That odmi.ristrativc cost:: will be paid by the Peds. If struiderds axes levier than fed standards,will Imrae to be equalized. Pr. Verley was nas1eit how much this night increase costs and he replied 101, at the very moat hut likely much less. Pe said the heda also went to consolidate caverhead for cat S(;oiioail. Ride, blind, aged, disabled, etc. If we lose in the House he suggested that an amc nhent be introduced on a Use Basis in the Senate - like the General Hospital statute. There being no further discussion, a motion was made and seconded to oppose Senate Pile $910, abolishing township system relief. It was moved end seconded to order the staff to call each con aunity urging then to present. a resolution to their cm veils for adoption and either send or take to the F a. m. meeting at the Capitol on next Tuesday. fV. Administrative Problems rf moron aer„er reported that it had been the smoothest running year they've ever had -no problems. V. ltaectien of Officers ter. Tumnhon reviewed offices that are open; Vice Chairman and Two 1•i.;mbere at Large. Helen Penniman wits nominated for Vice Chcirm.n, no eP,.er nominations - closed. It was moved and seconded to appoint Helen Pean.inan as Vice Chairman I:u;cite Jacobsen and Pod S,rnsn t noa•:innied for Berl ,ra ;,t h•Jrg . P:o other norinx i.o:_a, Glored. 'it was moved n_ui seconded to ac,potut Jacobean rind Swanson for Perrbers eL Largo. 1•,cetin; mi,jre.rn. No te: I talked to Representative Knickerbocher after the meeting - he feels the bill will poses as is but hopes to get. the "Use Basis" amendment adopted. i{11 SU„u }3A;i 1L4:fN PIN COUNTY RELIE.? BOARD ANNUAL MEETING March 8, 1973 is AGENDA I. Call to Order II. 'haling of Dinutes III. Presentation of Reports 1 Comparative relief costs 1971 — 1972 2; Status of legislation concerning abolishment of township system of relief in Hennepin County IV. Administrative Problems V. Election of Officers Board He gibers: Chairman! Mr. Kenneth Turnhaa *Vice Chairman: Mrs. Helen Penniman Secretary-Treasurer: Mr. Joseph C. Vesely *Members at Iarge: Mr. Eugene Jacobsen Mr. Roy E. Sue-nson Election to these positions only this year. VI. adjournment ti SUBURBAN HE!S EPI:I COUNTRY RELI • BOARD COIMPP.RATTIE RELIEF COSTS 1971 1972 - REL F 110. RELIEF NO.0.r. 71 IZLI.AGE COSTS ADMIN. TOTAL COSTSCOSTS ADMIN. TOTAL CASES BROOKLYN CENTER 15,191.08 6,047.26 21,238..34 139 12,240.94 7,603.95 19,844.89 163 DE.EPHAVEN 597.38 628.14 1,225.52 12 1,015.00 730.36 1,745.36 13 EDEN F.RAIRM 1.647.84 1,466.11 3.113 95 32 915.05 803.01 1,718.06 1,5 MINA 3,904.71 2,258.17 6,162.88 52 5,549.54 2,899.28 8,448.82 64 ISIaR 3,201.09 1,073.30 4,274.39 25 524.96 809.43 1,334.39 16 Gorr : VALLEY 5.621.96 2,114.65 7,736.61 47 4,235.40 2,4.18.55 6,653.95 50 cr r.r000 32.89 240.00 272.89 - 1.50 396.18 397.68 3 , IIOPRTiMS 10,202.32 5,927.11 16,129.43 131 10,545.13 5,911.17 16,456.30 125 TNO EtTDT CE 35.31 274,09 309.40 2 5.79 356.97 362.76 1 LONG T.A0:E 802.41 542.83 1,345.24 10 230.32 352.52 582.84 1 MAPLE 0'1AIN 239.77 274.56 514.33 2 81.70 400.59 482.29 2 ':�z,i. 778.75 471.24 1,249.99 9 60.94 358•e8 419.02 2 ;71n; Tc'TA 9,393.73 5,610.99 15,004.72 120 9,740.20 5,135.29 14,855.49 111 1-0N} RTSTA cr. 152.31 560.81 408.501 11 214.21 408.16 622.37 3 :'..'I:D 6.467.29 3,436,5C 9,903.79 77 5,213.41 3,732.01 8,945.42 84 ,-;),0 2,746.93 2,101.53 4.R 8.46 46 1,535,50 1,376.79 2,912.29 30 'ICHEIT,171) 10,009.67 5,852.82 15,862.49 133 12,308.80 7,515.29 19,824.09 167 ANTHONY 2,360.52 1,2.47.71 3,608.23 25 1,221.68 81.8.54 2.040.22 15 si. LOUIS PARK 17.875.07 9.839.51 27,714.58 224 23,266.78 11,771.79 35,038.57 255 C?for.,•,;.CID 749.23 543.34 1.292.57 11 347.46 654..06 1,001.52 13 SPi(DG rAUC 856.43 479,33 1,335.76 9 990.69 939.86 1,930.55 20 1'AYZATA 876,466 429.9; 1.306.41 7 681.91 971.78 1.653.69 19 93.438.53, 51,419.95 1.44,858.48 1124 90,926.91 56,343.66 141.270.57 1172 Total r-iribnrsements for 1972 - $8042.41 , i•curuary 0, 1973 ,I"t> at 0 • ;a;!: Con;:itto Intern, 'Lawrence i•Iarzirt • Budget :;:.nditure: for. Eencral relief by municipalities in R^_n,:epin County • 1. North rural gennepin County Welfare Department 1971 54.7"/, i _ 40,007.18 • Direct relief 45.37. Administrative coats 33,200.663,20 . TOTAL 784. 1972 34•,297.22 49.9% • Direct relies Administrative costs 34,495.00 50.1% 2. Suburban ltennepin County Welfare Department 1971 Direct Relief 93,438.53 Administrative coat 51,419.95 144,858.48 . f0T.\L . • i 61.8% 197 7 07. � Direct relief 90,926.91 61 Ad:oi-niatrativa. cost 56,343,66 38. 147,270.57 TOTAL 3. t;',c,oria;;ton Social Services Departaleat 1977_ 67.3x 38,176.26 67.3%, Direct. trareltiE 13,676.00 Ldn:inistra.ive coat 56,852.25 4. C1t:y of 0.i 0nn,pol.i•;, Division of Public Relief 1 1912 73.47. 2,874,326.36 73.47. A Direct,1n relief. 1,046,738.00 ' Admi nistrat.ive costs 3,921,064.36 TOTAL a. • 3 A • Monday, February 2S, 1973 ree minneap OAS (..i.r1 j �M1 '''r:: • 'Xe0'' isaF'.:d'."'.Ati 7l.!•lt.'i4',#48 i•o^^1rT . EstebIlshed1367 avid ell t4.aikyEditor 1'/allace Alkyl Nanaging Edna I.aurerd Imidp Editorial Editor Volume CVI Number 278 ropo @>1r relief-law change The antiquated township poor-relief pin District Court has ruled that system would be abolished and poor Hennepin need not contribute to Mire relief would he the responsibility of neapolis relief because of the "first each Minnesota county under a bill class"designation. sponsored In the Minnesota Senate by Sens.Robert Tennessee of Minneapo- A state survey last October showed lis and Alec Olson of Willmar.Since that at that time there were 2,277 Winona County, by referendum,shift- relief cases in Minneapolis and 159 ed to the county system this year,only elsewhere In Hennepin County.There 12 counties now operate under the were a total of 71 other general relief township system. They are Hennepin, cases in the other 11 counties under Pecker, Douglas. LeSueur, Morrison, the township relief system.Relief Is Otter Tail, Pennington, Polk, Rice, costly to Minneapolis taxpayers. The Sherburne,Swift andTodd.Passage of city has budgeted$3.6 million for it the bill would be a welcome step,on a this year. local level,toward long-sought,more uniform, more efficient welfare laws. The proposed law was written by an interim legislative tax study comma- Poor relief usually Is short-term and sion.Olson said none of themunicipal- often for emergencies."Categorical" ities in his distrct would be affected, welfare for the re the blind and the but Ise offered to he a sponsor because disabled will continue to be adininis- the dual Minneapolis and efHy systems n tered by the counties and financed Countywelfare with county,state and federal funds "are a waste of taxpayer dollars." until Jan. I, 1174,when the federal Also, he raict,"the present law puts an Social Sonisity Mninistration will unf.rir b.r'hrn on Minneapolis" be- take over the blind,aged and disabled cause Minneapolis attracts many of programs. Aid to families with de- the socially :maladjusted who need pendent chii3r'n will continue to be poor relief, even if only temporarily. administered by counties with county, Some come from the Hennepin Counly state:rndfeder.al finds. suburbs.And yet,as Olson noted,"the suburbs are relieved of the burden." Although 12 counties are under the township relief system,the only coon- The bill also provides that clty relief- ' ty to be significantly affected will be office employees would be shifted to Hennepin,and If the township system the county payroll and generally is abolished,the hip beneficiary will be would retain seniority and pension Minneapolis. The law now provides benefits built up while they were city that the county share a city's relief employees. costs if less than 65 percent of the county's tax base is within the city James Gooley,director of the Mime. limits. Minneapolis has about 42 per- apolis relief office,in advocating pas- cent of Ilennepin's assessed property. sage of the bill, bas said,"So *many 'fire law also eta tee that counties need people call for reform of the so-called not contribute to cities of the first welfare mess and abetter-coordinated class—Minneapolis,St. Paul and Du- and more efficient system.This lathe loth.However, St.Paul's poor relief is chance for the Legislature to do shared by Ramsey County and Du- something about it on a local level." luth's by St,Louis County.A Henne- We agree. I I \ ��1 _ EDEN LAND SALES. INC. 1 14500 Valley View Road-Eden Prairie,Minn.55343-Tel.612/941-5300 March 5, 1973 Mr. Robert Heinrich Village Manager Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Heinrich: Eden Land Corporation wishes to offer Edenvale Golf Course to the Village. Edenval.e Golf Course was designed by Mr. Donald Herfort a golf course ar- chitect who has done an outstanding job of providing a challenging 18 hole golf course and driving range on 106 acres of land. This is a completely new course which we opened for play in June of 1972. The design of the automatic watering system and special care in blending the soils used to meet demanding percolation criteria, have provided a very rapid development of deep and sturdy root growth of the grasses planted. The greens and tees have all been carefully built to provide ex- cellent surface and underground drainage. The design has made the roost of the topography and natural amenities. Trees, sand traps, ponds and a trout stream have all been blended into a beautiful and challenging test of golf. Currently we are in the process of building a new maintenance building, a black top parking lot, and a very attractive clubhouse and restaurant facility. We are very pleased with the golf course and feel the new structures being built will make this golf course facility complete. The entire package is being offered for $1,300,000.00. Wouldn't it be more desirable to acquire a completed golf course at a fixed price than to build one at an unknown but probably higher price? Mr. Robert Heinrich March 5, 1973 Page Two May we have the opportunity to show this golf course to your village of— f is ials? Cordially yours, EDEN LAND SALES, INC. William J. Sine, Jr. President WJSJR:blt Enclosures cc: Mr. Paul Redpath I uac • May 18, 1972 Mr. George Hite Village Manager Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Hite: if Eden Land Corporation proposes to cell the Edenvale Golf Club to the Village of Eden Prairie. Ile suggest the purchase of this 18-hole layout would be by revenue bonds on current competitive terms and Eden Lind Corporation proposes to buy any portion of the londa that can not be marketed on a public offering, after exercise of the beat efforts by Eden Prairie. II The new Edenvale Golf Course was designed by professional golf course archi— tect, lir. Donald Herfort, and was constructed by Moelter Construction Co. of Stillwater. The watering system was engineered cad installed by Toro. There r:re two wells one 8" and one 12" with electrically powered pumps generating 600 GPM at each pump head. A completely automatic push button ayetem has been Ia.:ailed to water the greens mud teen. and anap valves to water the fairways and rough. The course covers 106 acres of land. All of the tees and greens have been carefully built to provide proper surface -' and underground drainage. The soils used to build the greens and tees were all subjected to percolation tests to allow penetration of water, fertilizer and air and miniriae any compaction problems. The development of a deep and massive root growth of the greases planted la moat gratifying and indicates ideal soil conditions exist. The course has been designed to conserve and improve on the natural amenities available throughout the area. The trees, sand traps, ponds, and trout stream have all been utilized to provide a beautiful layout and an interesting test of golf on this 6,226 yard par 71 course. • lir. George Hite May 18, 1972 Page Two • Pe aro proud of this golf course and feel it will be a credit to Eden Prairie. The price_in $1,200,000,00 which if financed by revenue bonds issued at current competitive prices should be marketable and Eden Lands guarantee to pick up unmarketod bonds will ensure the Village of adequate financing. This offering is made to the Village at our coat. and we feel it will be a definite asset to the Village. We will appreciate your comments after you bee had en opportunity to present our proposal to the council. Cordially yours. EDEN LAND CORPORATION William J. Sime, Jr. Vice President WJSJittbit FULL FVENZEL DISTINCT wr,ctu '4440 DIN?N.cT,416.68$0YA MRS MAY66TN CHNISTENSEN.MANAGER 170 FEDERAL RISL00S WASANNO TON OEM-_ MINNRA,OLN,MIN,NESOTA S3101 10161.44.2+46444 Swum,n 6124=32173 20242,2611 CottgrtaS of ttje Mttiteb ,tatel MlOf 6416088 KLUO.MANAGER 3101 PANS CASTES UOIAIVANO ,nNOMA FAO auge of 1 epregftltatt beg 51.1.4114.6 M�INNESOTA ex16 RICHARD D.WILLOW 4340 alaAington,;21.e. 20515 February 28, 1973 Mr. Robert Heinrich, Village Manager Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn 55343 Dear Bob: I have been asked by a group supporting the construction of a toll bridge over the Minnesota River,. to be designated the Highways 169-18 bridge, to endorse their project and their efforts in the Legislature. Can you please advise me of the position of your village and its council on this matter? Best regards, T1L� Bill Frenzel Member of Congress BF:pce i 1.13 I i THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED PRIERS I. • HENNEPIN COUNTY LEAGUE OF MUNICIPACITIES 3300 UNIVERSITY AVENUE S.E. MINNEAPOLIS,MINNESOTA 55414 • 373-9992 ri•); Fro,: Inc7nsiortzt in C itt.oribed by t ha cov.,..rt1.1.rt1 Tei a:,,LLoni Outs i.:?•7!: 701-0.„ 1 y :t-ca :lo ;:c7 ;..,1 • ' 12::-.4 'in ,biit (. ).1ez.t. • • t-‘) .1.-.1y r..., t t it.;„ z.b. •oil yco council. 1 • . . . „ . . . . . . . • . . •••• `ft • ' . ,, • , , I;„ oy L L •-2-/3 . . . L • • ,1 21 t „ • • • • •' . ri,;;;c: : ti , ' L , ",' 0 in .:. on . • . '• ' • , • r. 'r , 1973 t _ . • I 1' 1,1r ' • . • . :1, 1, • ,1 ' • , . ; • • , 2 'III .111 C1' 7719 LICENSE LIST MARCH 13, 1973 C1('AMEPfl Eden Prairie Oil. Products - Earl. Pederson CONTRACTORS- 1& ?_ FAMILY Russell11. Martinson - H. Conrad Mfg. Co. - Gordon Raxtad SEWAGE DISPOSAL SYSTE'. Allstate Plumbing - Stephen 1\orman Lon B. Anderson- William G. Murphy - Murphy Plumbing & Heating J. McClure Kelly Plumbing - J. L. Kelly Steins, Inc. -E. II. Stein HEATING &VENTILATING Gopher Heating& Sheetmetal, Inc. - Warren Kelly WELL Henry Gess Well Co. GAS FITT'EILS Bowler Co. - Robert W. Bowler Murphy Plumbing& Heating - William G. Murphy Weather Rite, Inc. - John E. IVagon Gopher Heating;&Sheetmetal, Inc. - Warren Kelly DeLuxe Heating&Air Conditioning - Willi.e Nagel \- Steins, Inc. -E. H. Stein PLUUMSING limb'c Plumbing&Heating Co. - Robert J. Ercatz Allstate Plumbing - ephen Norman dvrpy Plourbirn.&Heating - l il.]iatn C. i' Wayzata Plumbing& Heating - Gerald G. Carling Bowrlur Co, - itobert W. Bowler lhompeon Phun ing - Kenneth D. Gause J. McClure Poll1 Plumbing - J.L. Kell; 11TIlITY SERVICE INSTALLER li11�t ;e Plhunbiul - Stephen Korman West Siihurban Utility Contractors - John D.Van R^mortcl Q.uickway Excavators - ,Tack A. Swedlund Dot's Plumbing &Heating Co. - Roberi J. Kreat e Thompson Plumbing - Kenneth D. Cause Southtown Plumbing - LaVern Veit Suburban Sewer Service: - Elwyn Willi:ur.a DATE: March 2, 1973 TO: Mayor and Members of Village Council FROM: Village Manager Robert P. Heinrich SUB)ECT: STUDY OF COUNCIL MEETINGS AND COUNCIL AGENDA COUNCIL MEETINGS A survey of eleven area communities was conducted as to the conduct • of Council meetings as a part of this study.' Management Information Service reports were also used.2 Certain basic questions were asked in the survey and the results are indicated below: Question 1: How often does Council meet? Ten communities replied that their Council conducted two (2) regular meetings monthly. Mound meets once a month on a regular basis. Occasionally special meetings are held to conduct assessment hearings or specific business requiring extensive Council debate and/or citizen participation. Sometimes informal meetings are held with the Manager on the "off meeting" nights with no official action being taken. Bloomington has regular meetings twice a month, "study" meetings two other days a month, and when there is a fifth meeting day that month (3 or 4 a year)the Council meets with representatives of the Legislature. . a stion 2: How long do the meetings last? Average length of the regular meetings are 3 to 4 hours. Question 3: Is written notice required to get on Agenda? Six communities require written notice to appear before Council. Five have no firm policy. 1 The 11 communities are Hopkins, Golden Valley, St. Louis Park, Bloomington,Richfield, Edina, Crystal, Minnetonka, Brooklyn Park, Burnsville and Mound. 2 MIS Report No. 72, How to Improve City Coy£Cil Organization and Procedures, and Report No. 181, Rules of Order and Procedures for Council Meetings. Y/' �i- Study of Council Meetings and Council Agenda March 2, 1973 Page Two Question 4: Is discussion by persons in the audience permitted? _ Five communities do not normally permit discussion from the floor. Four permit discussion on any item for as long as they wish. Two communities permit limited discussion. Recommendations: 1. Regular meetings of the Village Council should be conducted the second and fourth Tuesdays of the month. If a holiday should fall on the regular meeting day, the meeting shall be held the following Wednesday(or possibly the following Tuesday). 2. Work sessions or "study" meetings should he scheduled the first and third Tuesdays of the month at the discretion of the Council. 3. Special meetings for controversial items requiring public hearings and/or extensive public participation should be scheduled the first Tuesday of the month. 4. The fifth Tuesday of the month should be reserved as a "Legislative" meeting at which time Metro Council, County, State, and Federal Government representatives would be invited for discussion of subjects affecting Eden Prairie. 5. Participation of persons in the audience in the discussion of Village business, other than public hearings, should not be permitted unless a request, either written, telephoned, or spoken, had been received prior to the.Council meeting by the Village Manager or a member of Council. G. The Agenda should be clo:;ed at 12 noon the Thursday prior to the regular semi-monthly meeting. The Council and Village Manager would be permitted to discuss subjects not on the Agenda, but official Council action could only be taken on the late item if unanimous consent by Council was given to permit a vote. Study of Council Meetings and Council Agenda March 2, 1973 Page Three AGENDA The recommended Agenda format is based again on a survey of area --- communities, Management Information Service Report No. 152, Preparing the Agenda for Council Meetings, and personal experience. Nine area communities provided copies of their Agenda.3 Agenda format ranged from a rather simplistic listing of items used by Mound to a very formal printed Agenda using different colors of paper used by Bloomington. Minutes also ranged from the brief recording of votes liken as typified by Hopkins to an epistle-like document produced by Edina. The agenda format that follows is recommended for Council's consideration. Explanation of the Agenda follows: 1. Call to Order-Self-explanatory. 2. Invocation - Self-explanatory. 3. Pledge of Allegiance -Council may wish to invite various scout groups to present the colors and lead in the Pledge of Allegiance to the Flag. The scout group would be invited to come to the meeting early fora tour of Village Hall and to observe their Village Council in action fur as long as they wish after the presentation of the colors. 4. Roll Call - Self-explanatory. 5. Minutes- Self-explanatory. 6. Claims and Contract Pam rots-The notion to approve claims would include the series or chock nurIbers of the claims to be paid. Contract payman.> would be identified in the motion for payment to assure cleat understanding by Council. 7. aids -Self-explanatory. 8. Public Hearings - When public hearings are conducted, the Mayor will declare the hearing open for public discussion. After everyone in the audience has had the opportunity to be heard,the Mayor will declare the hearing closed to additional 3 Hopkins, Golden Valley, St. Louis Park, Bloomington, Edina, Crystal, Minnetonka, Brooklyn Park, and Mound. 1 Study of Council Meetings and Council Agenda March 2, 1973 • Page Four public discussion. Council would then move for appro- priate action, have discussion on the motion by Council members only, and vote. 9. Petitions, Requests and Communications - This item of the Agenda provides for orderly handling of petitions, complaints and letters directed to the Village Council. At the end of this Agenda item, the Mayor would ask if anyone in attendance desires to speak before the Council. The Mayor would request the individual to state his name and address and ask if they had written or talked to any Village-appointed official about the matter about to be presented to Council. (This question is asked merely as an effort to inform people that they have access to their Government through appointed officials as well as their elected representatives.) The person would be heard by Council and•if action or study is • required, the matter would be referred to the Village Manager for study and recommendation for Council's consideration at the next regularly scheduled meeting. It is suggested that Council refrain from open dialogue with the person as much as possible. The Mayor should thank him for his request and • refer the matter for study with a promise of an early report or action by Council, At this point, active participation by members of the audience in the conduct of this particular Council meeting would be completed and the Mayor would call for the next item of business. If a person in the audience expresses a desire to be heard after this point, the Mayor would state kindly and in an informative manner that open discussion by members of the audience was provided earlier in the meeting and that the currant item under con- sideration is to be considered only by the Council. 10. Resolutions and Ordinances- Self-explanatory. I1. Reports of Officers Boards and Commissions- This item provides an orderly processing of staff reports, Village Manager reports, and the reports of the various Boards, Commissions, and Committees that are advisory and appointed by the Mayor and Council. 12. Unfintshnd Business- Items previously tabled or deferred would be brought to the table under this Agenda heading. Study of Council Meetings and Council Agenda March 2, 1973 Page rive 13. New Business- Generally self-explanatory. At this point on the Agenda, the Mayor and Members of Council would have the opportunity to present for considerlion anything on their minds, including new areas of study or action requested of the Village Manager. 14. Adjournment-Self-explanatory. RPH:kg •