HomeMy WebLinkAboutCity Council - 03/27/1973 MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, March 27, 1973 7:30 P.R., Village Hall
COUNCIL MEMBERS: Mayor Paul Redpath, Councilmen John McCulloch,
Wolfgang Penzel and Roger Boerger and Councilwoman,
Joan Meyers.
COUNCIL STAFF: Village Manager, Robert P. Heinrich, Village Attorney
Keith Simons and Clerk, Edna M. Holmgren.
I. MINUTES OF REGULAR MEETING HELD MARCH 13, 1973
A motion was made by Mr. Penzel to approve the minutes of March 13th
with the following correction:
Reports of Officers, Boards &Commissions: (A), Page 4_ Mr. Redpath
reported that in the near future the Hennepin County League might
be disbanded and efforts, etc.
With this correction Mr. Boerger seconded. All voted aye. Motion
carried.
II. PRESENTATION OF CONTRIBUTIOI`i FROM EDEN PRAIRIE JAYCEES. Door Decals and
Uniform Patches for Public Safety Department.
to the Public Safety Dir.
Mr,eifv.La VitLe.lki.Jaycees President presented a check/in the amount of
$300 to be used for dawis door decals and uniform patches. Pictures
were taken. The Mayor thanked Mr. 71,ci&N(7&o'on behalf of the Council
—"for their Interest in the Public_ l Safety�Department. /� y- A
' 171 -�+�-L�l 4.J/Q,R/�/Ct,p„2/ ,c ie".A �C4..(4. gage t
III. PITBLIC HEARINGS:
(/ ✓ / O ryu,n
A. Public Hearing on Housing Task Force Report. Presented by Mrs.Son,la
Anderson.
Mrs. Anderson presented the Housing Task Force Report and a proposal to
hold a meeting with residents in Eden Prairie at the Prairie View School
or come other location in one of the schools. She suggested that a mailing
be sent to all residents, locations set for them to pick up copies of the
Housing Task Force Report, possibly through the schools. She noted that
perhaps slides and group discussions could be used at the meeting.
Mrs. Meyers suggested that members of the Housing Task Force reactivate
public development because of the Federal subsidy stoppage. The Mayor
stated that he would like to see adoption of a Housing Policy- for Eden
Prairie. Mr. McCulloch commented that he was not satisfied with the
report, he felt that there was too much of it devoted to subsidized
housing. The Manager suggested May 3rd as a possible dattek for the
meeting and advised the Task Force to atambee service clubs, etc in ,
the community as well as residents. ''
A motion was made by Mr. Penzel to set May 3rd as a meeting date at
either the Eden Prairie High School cafetorium or the Prairie View
School. The staff was instructed to publicize through service clubs.
Mr. Boerger seconded. All voted aye. Motion carried.
Council Meeting
March 27, 1973
Page Two
B. Mill Creek. Hustad Development Corporaation. NOS. 2 nCept Plan.ification
Resolution No. 668. First Reading,
from District Rural to RM 6.5. Preliminary Plat Approval, First Phase,
Resolution No. 669.
Village Planner, Dick Putnam and Bill Bonner, Busted Development Company
reviewed and presented the Mill Creek proposal. The project is located
in southeastern Eden Prairie in the area identified as the Bluffs West
Sector. Mr. Bonner reviewed the concept plan for the 32 acre site
southeasterly of Homeward Hills Road and County Road #1. Preliminary
plans for a small commercial area at the intersection of these two roads
are not included in the plan at this time. 65 townhouse units are pro-
posed with 16 units in the first phase.
Mrs. Meyers asked when the engineering problem in regard to curb and
gutters would be resolved, Mr. Putnam replied that it would be before
the final plat is approved.
Mr. McCulloch commended Village Engineer, Carl Jullie for his reports
submitted to the Council on this project.
1. A motion was made by Mrs. Meyers to close the hearing end adopt Resol-
ution Fo. 668 approving the PUD Concept Plan for Mill Creek with Planning
and Zoning recommendations-through 4 esaikoffire4 of March 6, 1973.
Mr. Penzel seconded. All voted aye. Motion carried.
AA motion was made by Mr. Penzel to adopt the first reading of Ordinance
No. 214 approving reclassification from District Rural to RM 6.5 for
12 acre parcel of land with Planning Commission recommendations through
4 and satisfactory settlement of engineering problems with Village Engineer.
Mr. Boerger seconded. All voted aye. Motion carried.
3. A motion was made by Mrs. Meyers to adopt Resolution No.669, preliminary
plat approval, Mill Creek, 1st Phase Cluster, 13 units. Mr. Penzel
seconded. All voted aye. Motion carried.
C. Eden Lend Corpnmation. Bachman Homes, Edenvale 7tb Addition.
A motion was made by Mr. Penzel to set April 10, 1973 at 7:30 p.m.,
as a hearing date for Zachman Homes, Edenvale 7th Addition. Mr.
Boerger seconded. All voted aye. Motion carried.
Iy, RESOLUTIONS & ORDINANCES
A. Second Reading, Ordinance No. 211. Creating &Establishing Fire
Zones.
A motion was made by Mr. Penzel to adopt the second reading of Ordinance
No. 211 and order published. Mrs. Meyers seconded. A11 voted aye. Motion
carried.
Council Meeting
March 27, 1973
Page Three
B. Second Reading, Ordinance No. 212. Amending Ordinance No. 43.
Wells.
A motion was made by Mr. Boerger to adopt the second reading of Ordinance
No. 212 and order published. Mrs. Meyers seconded. All voted aye.
Motion carried.
C. Second Reading, Ordinance No. 202. Licensing and Regulating the
Use and Sale of Intoxicating Liquor.
A motion was made by Mr. Penzel to adopt the second reading of Ordinance
No. 202 and order published with the following addition:
Page 9, Subd. 7. At the time of each original application for a
license or application for a change in ownership or control
of corporation, except in the case of, etc.
With this addition, Mr. McCulloch seconded. All voted eye unanimously.
Motion carried.
A motion was made by Mr. Penzel to establish the policy that no action
will be taken on licenses to be issued until 120 days after publication
of Ordinance No. 202. Mrs. Meyers seconded. All voted aye. Motion
carried.
D. Resolution No. 667. Requesting Minnesota State Legislature to
Adopt Legislation Authorizing Reimbursement to Municipalities
of Costs Incurred in Relocating Utilities on All State Trunk
Highways.
A motion was made by Mr. McCulloch to adopt Resolution No. 667. Mrs.
Meyers seconded. All voted aye. Motion carried.
E. Resolution No. 670. Requesting the State of Minnesota end Hennepin
County to Reduce the Speed Limit on County Road iH to 40 Miles per
Hour and Providing a Blinking Warning Light at the Intersection of
County Road#4 and Valley View Road.
A motion was made by Mrs. Meyers to adopt Resolution No. 670. Mr.
McCulloch seconded. All voted eye. Motion carried.
F. Resolution No. 671. Informing Homart Development Company of the
Village of Eden Prairie'a Intention to Provide Utilities and Roads
to the Proposed Regional Shopping Center.
A motion was made by Mr. Penzel to adopt Resolution No. 671. Mrs. Meyers
seconded. All voted aye. Motion carried.
Increasing
G. Resolution No. 672. DilOSIEHOM the Compensation of the Vi11nge em./Ada;
$75 per Month Based Upon Review of his Performance After a Period
of Six Months According to the Original Hiring Agreement.
A motion was made by Mrs. Meyers to adopt Resolution No. 672. Mr. Boerger
seconded.",Gtll voted aye. Motion carried.
Council Meeting
March 27, 1973
Page Four
H. Resolution No. 673. Authorizing Mayor and Village Manager to Enter
into an Agreement to Acquire Approximately 7,— Acres of Land Adjacent
to and West of Prairie View School for Park Purposes in an Amount
not to Exceed$22,500.
A motion was made by Mr. McCulloch to adopt Resolution No. 673. Mr.
Penzel seconded. On roll call, all voted aye. Motion carried.
V. PETITIONS, REQUESTS & COMMUNICATIONS
A. D. H. Gustafson & Associates, Inc. Requesting Storm Sewer Extension
to St. John's Wood.
A motion was made by Mrs.Meyers to receive the letter dated March 15,
1973 requesting storm sewer extension for St. John's Wood and order
feasibility study. Mr. Fenzel seconded. All voted aye. Motion carried.
B. Petition Received from Residents of Barberry Lane, Padon Drive, and
Peterborg Drive Requesting Feasibility Study and a Public Hearing
for the Purpose of Betezming the Cost of Paving Their Street.
i?a a# ' ' '
A motion was made by Mrs. Meyers toil receive the petition from residents
on Padon Drive, Barberry Lane, end Peterborg Drive, order a feasibility
report and set April 24, 1973 as a hearing date for the street paving
project. Mr. Penzel seconded_ Motion carried.
C. Letter Dated March 15, 1973 from Minnesota Highway Department in
Reference to State Highway Department's Participation an the
Ring Route and Improvements to T.H. 169, 212, 4994.
Discussion was held in regard to this problem, the Village Manager
stated that he had gone about as far as he could administratively, the
Mayor suggested that the Village draft a bill to present to the legislature
so Eden Prairie can get help. He offered to set up a meeting in the
Governor's office with Ma Council approval. The Village Manager stated
that he was meeting with the Highway Department soon. No action was taken.
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of Public Safety Director & Fire Chief. Annual Report of
Eden Prairie Volunteer Fire Department.
Public Safety Director, Jack Hacking reviewed his first report on the
Fire Department. He commended Asst. Chief, Gene Jacobson for conducting
training sessions in the community, reviewed projects the department
would like to consider in the future and thanked both Chief, Ray Mitchell
and Asst. Chief Gene Jacobson for their past year's service. Ray Mitchell •
then read the annual report or the Department and asked the Council to
make sure when plans are reviewed in multiple units that adequate streets,
exits and entrences are provided for the fire equipment. Mayor Redpath
thanked him on behalf of the Council for the excellent service provided
by the Eden Prairie Fire Department.
Council Meeting
March 27, 1973
Page Five
B. Report of Finance Director. Progress of IAGIS.
John Frane, Finance Director reviewed the background of LOGIS, '—
Local Government Information System, the progress to date and
what to expect next. He stated that one of the LOGIS municipalites
will begin using the system for payroll about the middle of this
year on a pilot basis. The Village of Eden Prairie will then begin
training personnel in the use of the system. He then stated that
after bids are received, evaluated and contracts for computers and
systems are awarded and installed, each municipality will be in a
position to automate payroll, utility billing and general ledger
procedures as rapidly as it is able.
C. Reports of Village Attorney.
1. Proposed Metropolitan Rate Authority to Regulate N.S.P.
Electric Service in the Metropolitan Area.
Village Attorney, Keith Simons reviewed the Concept Plan in the
7 metro areas to regulate N.S.P. electric service rates similar
to Minneapolis Gas Co. Village Manager, Mr. Heinrich recommended
this plan.
A motion was made by Mr. Panel to approve the Manager's recmmendation
to accept the concept plan, N.S.P. electric service rates. .Mr. Redpath
seconded. ALt voted aye. Motion carried.
2. Trunk Sewer Assessment Appeal to the District Court by Mr. Karl
H. Krahl.
Village Attorney, Keith Simons reviewed the Notice of Appeal - Special
Assessments by Mr. Karl H. Krahl. No action was needed.
3. Crestwood Terrace. Alex Dorenkemper's Request for Final Plat
Approval.
A motion was made by Mr. Boerger to direct the Village Attorney to inform
Mr. Dorenkemper to re-submit the preliminary plat of Maplewood Park
Estates to the Planning Commission for review and recommendation. Mr.
Penzel. Messrs Penzel, Boerger, McCulloch and Redpath voted aye. Mrs.
Meyers voted no. Motion carried.
D. Reports of Village Engineer.
1. Final Plat Approval for Valley Knolls Addition. Resolution No.
A motion was made by Mr. Fenzel to adopt Resolution No. 674 approval
the final plat of Valley Knolls Addition. Mr. Roerger seconded. All
voted aye. Motion carried.
Council Minutes •
March 27, 1973
Page Six
2. Final Plat Approval. High Point 2nd Addition. Resolution
Po. 675.
A motion was made by Mr. Boerger to adopt Resolution No. 675 approving
the final plat of High Point 2nd Addition. Mr. Penzel seconded. All
voted aye. Motion carried.
3. Approval of Plans end Specifications. Extension of Trunk and
Lateral Watermains for Rosemount Engineering. Resolution No. 676.
Projects WTR 72-8-23 and 72-8-211..
A motion was made by Mr. Penzel to adopt Resolution No. 676 approving
plans and specs for projects WTR 72-8-23 and 72-8-24. Mrs. Meyers
seconded. All voted aye. Motion carried.
Village Manager, Mr. Heinrich reported to the Council that Rosemount, Inc.
had requested Municipal Bonds information.
4. Revised Traffic Signal Maintenance Agreement with Minnesota
Highway Department for Signals at T.H.#5 and Co. Rd. +.
s Nkw� Resolution No. 677.
• }r A motion was made by Mr. Boerger to adopt Resolution No. 677 amending
Cooperative Agreement No. 56449 to provide for reimbursable maintenance
on signals at T.H.#5 and Co. Rd. #F. Mr. Penzel seconded. All voted
eye. Motion carried.
5. Approval of Plans and Specifications for Ir3orovements in the
Red Rock Planning Sector. Resolution No. 678.
1. Construction of trunk waternain in Scenic Heights Road from
Mitchell Road west to Hiawatha Ave. Project 72-8-21.
2. Construction of Atherton Road including necessary water and
storm sewer lines from Mitchell Road easterly to proposed
East/West Parkway. Project 72-9-17.
3. Regrading, paving, construction of curb and gutter and storm
sewer in the existing Mitchell Road right-of-way from inter-
section of Scenic Heights Road and Mitchell Road south to
the south line of Section 15. Project 72-3-20.
A motion was made by Mrs. Meyers to adopt Resolution No. 678 approving
plans and specifications, combing projects for bidding and ordering
advertisement for bids on Manandtpd= April 19th at 11 o'clock a.m.
with Council consideration on April 24th at 7:30 o'clock p.m. Mr. Penzel
seconded. All voted aye. Motion carried.
6. Authorization for Mayor and Village Manager to inter into an
Agreement with Brown & Kelly for Easement Acquisition under
Project 72-1-12 (Nine Mile IA) Sanitary Sewer Extension.
Resolution No. 679.
A motion was made by Mr. Penzel to szkismodzinchz adopt Resolution No..
679 authorizing the Mayor and Village Manager to sign en agreement
with Brown and Kelly and instruct the Manager and Village Attorney
to clarify Item 8. Mrs. Meyers seconded. All voted aye. Motion
carried.
•
Council Meeting
March 27, 1973
Page Seven
E. Reports of Director of Parks and Recreation. Purgatory
Creek Open Space Planning Study.
The Park & Recreation Director reviewed the Purgatory Creek Open
Space Planning Study. The Manager stated that there was a lack
of contour mapping in the Village, that most of what we have has
been done by the developers when plats have been submitted.
A motion was made by Mr. Boerger to accept the proposal of Brauer
and Associates to perform Open Space Planning for Purgatory Creek in
the amount not to exceed $12,500 to be qually shared with Riley-
Purgatory Creek Watershed District and authorize necessary two foot
contour base mapping of the study area in the amount not to exceed
$11,500.Mrs. Meyers seconded. On roll call, all voted eye. Motion
carried.
F. Reports of Village Manager.
1. Authorization to Hire a Landscape Architect in the Area of
Planning and Park Development at Salary in Range of $750-9OO
per Month.
A motion was made by Mr. Boerger to authorize the Manager to hire a I
Landscape Architect at a salary range of $750-900 per month. Mr. Fenzel
seconded. On roll call, all voted eye. Motion carried.
2. Master Labor Agreement and Supplemental Labor Agreement. Between
Village of Eden Prairie and International Union of Operating
Engineers, Local No. 49.
A motion was made by Mrs. Meyers approve the Labor Agreement and Supple-
mental Labor Agreement with International Union of Operating Engineers,
Local No. 49. Mr. McCulloch seconded. All voted aye. Motion carried.
3. Letter of Commendation Received frau the Eden Prairie School
for Public Safety Officer Keith Wall.
The Manager reviewed a letter received from the Eden Prairie Schools
dated March 15, 1973•commending Keith Wall for services provided the
school. He recommended placing it on file.
4. Discussion of 18-169 Minnesota River Toll Bridge Authority
Proposed Legislation.
The Manager urged the Council to attend this meeting on March 29th.
The Manager rid informed the Council that he would be going on
vacation for three weeks, returning on April 24th.
` 5, ends) tice to Gov Bodies of a sui
pe th F th cial _s t, D of i , tate f
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Council Meeting
March 27, 1973
Page Eight
5. (Added to Agenda) Notice to Municipalities and Townships
District Court, Fourth Judicial District, Court File No. 690532.
The Manager reviewed a notice to municipalities and townships of a lawsuit
pending in the Fourth Judicial District, County of Hennepin, State of
Minnesota, entitled "The City of Brooklyn Center, et al, vs. The Metro-
politan Council, et al." On October 12, 1972, the Metropolitan Council
adopted a resolution, which resolution approved a method of allocating
to municipalities the current costs of reserved capacity in the metro-
politan disposal system. The aforementioned lawsuit is seeking to have
that resolution delcared invalid and void for numerous reasons.
No action was Weeded.
G. Village Clerk Report. Recommended License Application List Dated
March 27, 1973.
A motion was made by Mr. Penzel to approve the Clerk's recommended. license
application list dated March 27th. Mr. Boerger seconded. All voted eye.
Motion carried.
VII. FINANCES
A. Payment of Claims No. 1642 through 1708.
A motion was made by Mrs. Meyers to approve payment of claims no. 1642
through 1708. ys. Penzel seconded. On roll call, all voted eye. Motion
carried.
Meeting adjourned at 11:30 P.M.
Edna M. Holmgren, Clerk
o.
EDEN PRAIRIE VILLAGE COUNCIL
1
Tuesday, March 27, 1973 7:30 p.m., Village Council
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 Holmgren.
AGENDA
1. MINUTES OF REGULAR MEETING HELD MARCH 13, 1973.
II. PRESENTATION OF CONTRIBUTION FROM EDEN PRAIRIE JAYCEES
for door decals and uniform patches for the Public Safety Department.
W. PUBLIC HEARINGS:
jA. public Hearina on Housing Task Force Report. (Presented by Mrs.
Sonja Anderson)
v Action:
NB. Mill Creek. Hustad Development Corporation. Request for Concept
Plan Approval P.U.D. for 32 acre site southeasterly of Homeward
Hills Road and Co. Rd. #1, Rezoning to RM 6.5 for 12 acre parcel,
and Preliminary Plat Approval for first phase cluster 13 units. (Report
attached)
Action: 4. Motion adopting Resolution No. 668 approving Concept Plan
p)( for Mill Creek.
2. First Reading of Ordinance No. 214 approving reclassification
from District Rural to R/A 6.5 for 12 acre parcel.
' 3. Motion adopting Resolution No. 669 approving Preliminary Plat
for the first phase cluster of approximately 13 units.
A/C. Eden Land Corporation has waived their right for notice of public
hearing for Zachman Homes Edenvale 7th Addition. (Report of Village
Planner, Village Engineer,and copy of Planning Commission recom-
mendation attached)
Action: Recommend disapproval of the request for RM 6.5 zoning and the
preliminary plat as submitted.
N. RESOLUTIONS & ORDINANCES
J,A. Second Reading - Ordinance No . 211. An ordinance creating and
establishing fire zones. (Attached)
Action: Motion approving Second Reading of Ordinance No. 211.
` P
-
Council Agenda
March 27, 1973
Page 2
IV. RESOLUTIONS &ORDINANCES (Cont.)
' 3. Second Reading -Ordinance No. 212. An ordinance amending
Ordinance No. 43 requiring bond for persons or businesses engaged
in the construction, alteration, extension, repair and maintenance
of wells. (Attached)
Action: Motion approving Second Reading of Ordinance No. 212. -
kC. Second Reading -Ordinance No. 202. An ordinance licensing and
regulating the use and sale of intoxicating liquor providing a penalty
for the violation thereof.
Action: Motion approving Second Reading of Ordinance No. 202.
D. Resolution No. 667 requesting Minnesota State Legislature to adopt
legislation authorizing reimbursement to municipalities of costs
incurred in relocating utilities on all state trunk highways. (Attached)
Action: Motion adopting Resolution No. 667.
kE. Resolution No. 670 requesting the State of Minnesota and Hennepin
County to reduce the speed limit on Co. Rd. #4 to 40 miles per hour
and providing a blinking warning light at the intersection of Co.Rd.;,4 1
and Valley View Road. (Attached)
\Action: Motion adopting Resolution No. 670.
vCF. Resolution No. 671 informing the Homart Development Company of the
Village of Eden Prairie's intention to provide utilities and roads
to the proposed regional shopping center. (Attached)
Action: Motion adopting Resolution No. 671.
�/
,r.G. Resolution No. 672 increasing the compensation of the Village Manager
$75 per month based upon review of his performance after a period of
six months according to the original Hiring Agreement. (Attached)
Action: Motion adopting Resolution No. 672.
i
x,H. Resolution No. 673 authorizing Mayor and Village Manager to enter into
an agreement to acquire approximately 71 acres of land adjacent to and
west of Prairie View School for park purposes in an amount not to
exceed $22,500. (Attached)
Action: Motion adopting Resolution No. 673.
Council Agenda
March 27, 1973
Page 3
V.�ETITIONS,REQUESTS & COMMUNICATIONS
A. D.H. Gustafson and Associates, Inc. letter dated 3/15/73 requesting
storm sewer extension for St. John's Wood. (Attached)
Action: Receive petition and order preparation of feasibility report.
B. Petition received from residents of Barberry Lane,Padon Drive, and
PeterboraErive requesting feasibility study and a public hearing for
the purpose of determining the cost of paving their street. (Attached)
Action: Receive petition and order feasibility study.
'C. Letter dated 3/15/73 from Minnesota Highway Department in reference
to State Highway Department's participation on the Ring Route and
improvements to T.H. 169, 212, 494.
Action:
VI. REPORTS OF OFFICERS, BOARDS &COMMISSIONS
A. Report of Public Safety Director & Fire Chief:
Annual Report of Eden Prairie Volunteer Fire Department. (Report
attached.
efB. Report of Finance Director:
Progress of LOGIS. (Attached)
v
N C. Reports of Village Attorney;
'l. Proposed Metropolitan Rate Authority to regulate N.S.P. electric
service in the Metropolitan Area.
k2. Trunk Sewer Assessment appeal to the District Court by Mr. Karl
H. Krahl.
X3. Concerning Alex Dorenkemper's request for final plat approval of
Crestwood Terrace. (Attached)
Action: Motion directing Village Attorney to inform Mr. Dorenkemper
to re—submit the preliminary plat of Maplewood Park Estates
to the Planning Commission for review and recommendation.
D. Reports of Village Engineer:
x 1. Final Plat Approval for Valley Knolls Addition. Plat located at
Barberry Lane and West 67th Street. (Report attached)
Action: Motion adopting Resolution No.674 approving Valley Knolls
Addition final plat.
.i Council Agenda
March 27, 1973
Page 4
VI.JEPORTS OF OFFICERS, BOARDS & COMMISSIONS (Cont.)
Reports of Village Engineer --cont.
►�'2. Final Plat Approval for High Point 2nd Addition. Plat located at
E-W Parkway and Neill Lake Road. (Report attached)
Action: Motion adopting Resolution No. 675.
• Approval of plans and specifications for extension of trunk and lateral
watermains for Rosemount Engineering.
Action: Motion adopting Resolution No. 676 approving plans and specifi-
cations combining projects for bidding and ordering advertisement
for bids on Projects WTR 72-8-23 and 72-8-24.
x4. Revised Traffic Signal Maintenance Agreement with Minnesota Highway
Department for signals at T.H.#5 and Co. Rd. #4.
Action: Motion adopting Resolution No. 677 requesting Minn. Hwy. Dept.
to amend Cooperative Agreement No. 56449 to provide for reim-
bursable maintenance on signals at T.H.#5 6 Co. Rd. #9.
. approval of plans and specifications for improvements in the Red Rock
Planning Sector. Brauer &Assoc. per Council authorization on 3/13/73 I
prepared plans and specifications for following improvements:
1. Construction of trunk watermain in Scenic Heights Road from
Mitchell Rd. west to Hiawatha Ave. (Project 72-8-21)
2. Construction of Atherton Road including necessary water and
storm sewer lines from Mitchell Road easterly to proposed
East/West Parkway. (Project 72-9-17)
3. Regrading, paving, construction of curb and gutter and storm
sewer in the existing Mitchell Road right-of-way from inter-
section of Scenic Heights Road and Mitchell Road south to
the south line of Section 15. (Project 72-3-20)
Action: Motion adopting Resolution No. 678 approving plans and specifi-
cations, combining projects for bidding and ordering advertisement
for bids on Projects 72-8-21, 72-9-17, and 72-3-20.
X 4,4.Authorization of Village Manager to enter into agreement with Brown &
Kelly for easement acquisition under Project 72-1-12 (Nine Mile IA
sanitary sewer extension).
Action: Motion adopting Resolution No. 679 authorizing Village Manager
to enter into agreement with Kelly& Brown for sanitary sewer
easement under Project 72-1-12 .
1
y; Council Agenda
March 27, 1973
Page 5
VI. REPORTS OF OFFICERS. BOARDS & COMMISSIONS(CONT.)
/ E. Reports of Director.of ParkUnd Recreation;
V purcatory Creek Open Space Planning Study. (Report attached)
Action: Motion accepting proposal of Brauer&Associates to perform
r Open Space Planning for Purgatory Creek in amount not to exceed
S12,500 to be equally shared with Riley—Purgatory Creek Water-
shed District and authorize necessary two foot contour base
mapping of the study area in the amount not to exceed $11,500.
F. Reports of Village Manager:
. Request authorization to hire a landscape architect to work in the
area of Planning and Park Development at salary in range of
$750-900 per month.
Action: Motion authorizing Village Manager to hire landscape architect.
lr2. Master Labor Agreement and Supplemental Labor Agreement
between Village of Eden Prairie and International Union of Operating
Engineers, Local No. 49. (Attached)
Action: Motion authorizing Mayor and Village Manager to execute the
Master Labor Agreement and Supplemental Labor Agreement.
vV3. Letter of commendation received for Public Safety Officer Keith
V Wall- (Attached)
v�4. Discussion of 18-169 Minnesota River toll bridge authority
proposed legislation.
Action:
JG. Valerie Clerk Reports;
Village Clerk's recommended Li ense Application List. (Attached)
Action: Motion approving License Application List dated 3/27/73.
VII. FINANCES: /4/0d
/A. Payment of Claims No. 1642 - L74'r. (Attached) ''Ot
Action: Mot ion approving payment of Ciaims No. 1642 -j.747:
VIII. ADTOURNMEIVT
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MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, March 13, 1973 7:30 P.M., Village Hall
COUNCIL MEMBERS: Mayor Paul Redpath,Councilmen John McCulloch,
Wolfgang Pensei and Roger Boerger and Councilwomen,
Joan Meyers.
COUNCIL STAFF: Village Manager Robert P. Heinrich and Village
Attorney Harlan Perbix.
I. MINUTES OF SPECIAL MEETING HELD FEBRUARY 21, 1973.
A motion was made by Mrs. Meyers to approve the minutes of February 21st
as presented. Mr. Boerger seconded. All voted aye. Motion carried.
MINUTES OF REGULAR MEETING HELD FEBRUARY 27, 1973.
A motion was made by Mr. Boerger to approve the minutes of February
27th with the following corrections:
Page Paragraph
sentence "Recommendations
through
excluding4substuting the followig bee included the
motion, etc. should be stricken 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 PUD Concept
Plan for the Homart Shopping Center. Mr. Penzel seconded. All
voted aye. Motion carried.
With these corrections, Mr. Penzel seconded. All voted aye. Motion
carried.
II. PUBLIC HEARINGS
A HiawathaTrunk
Aram•inPScenic Noic ghts8Roaa. from
r so Mitchel Road West to
tes
feasibility
report.rge HeFsworth of indicated thatrauer &pproximatelya presented
$32,000 would be the total
project cost. The project is part of the Village trunk system --en
extension of the Black and Veatch plan.
It was the concern of the members of the Council that the Hiawatha
residents be made aware of the project. Mr. Jim Lindsey,8231 Hiawatha
Athenaffirmativd ehwis shes eofsthei nHeidilbg ergeresiden7tt scandl p operrtty owners
of land south of Heidelberg.
Resolution
A notion was made byImprovement
Mr.
enteProject No.se t72-8-2e 21 ad ordering No. Prepara-
662 approving Imp
tion of plans and specifications. Firs. boeyers seconded. Motion carried
unanimously.
Council Meeting
March 13, 1973
Page Two
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. Resolution No. 663.
Mr. Farnsworth explained the project and informed the Council members
of the anticipated cost of$102,000. Mr. Heinrich, answering Council
embers queries about the Scenic Heights end Mitchell Road intersection,
said that design information on 212 would have to be forthcoming before
a decision regarding the intersection could be made.
Mrs. Meyers made a motion to close the hearing and adopt Resolution
No. 663 approving Improvement Project No. 72-9-17 and ordering prepara-
tion of plans and specifications. Mr. Penzel seconded. Motion carried
with all members voting eye.
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. Resolution No. 664.
A motion was made by Mr. Penzel to close the hearing and adopt Resolu-
tion No. 664 approving Improvement Project No. 72-3-20 end ordering
preparation of plans and specifications. Mr. Boerger seconded. Motion
carried after ell ayed.
D. Public Hearing on Proposed Liquor License Ordinance -Ordinance No.202.
The presentation was made by Mr. Perbix. Discussion followed regarding
investigative fees and Mr. Perbix was asked to reword these areas. An
applicant would be required to make a $1,500 deposit to be used for
investigative purposes with the unused portion of the deposit returnable.
Mr. Penzel request Mr. Perbix to include a discriminatory clause in the
club section of the ordinance.
No action occurred as the second reading of Ordinance No. 202 is tent-
atively set for March 27, 1973.
III. ORDINANCE AND RESOLUTIONS
A. Second Reading - Ordinance No. 203, Eden Farms. Reclassification
of 11 Lots from District Rural to BY 6.5. Resolution No. 666,
Amending Resolution No. 641, Eden Farms PUD Concept Plan.
Mr. Heinrich related how additional reports and information had been
secured as a result of Mr. Andrew Daniluk's questions.
Mr. McCulloch made a motion to adopt Resolution No. 666 emending Resol-
ution No. 641 to incorporate the Bather, Ringrose, Wolafeid, Inc. letter
of March 13, 1973, Timing of Development recommendations 1 through 5; end
the U. S. Department of Agriculture letter authorized by Mr. Pat Kennedy
of February 22nd with its recommendations 1 through 8. This amendment
is in addition to the Eden Farms conceptual approval. Mrs. Meyers secoidet
The motion carried unanimously.
Mr. Buerger made a motion to adopt the second reading of Ordinance No. 203
and order published. Mr. Peazei seconded. All voted eye. Notion carried.
1
Council Meeting
March 13, 1973
Page Three
B. Resolution No. 659, Urging the Minnesota State Legislature to Improve
the Public Employee's Retirement (PERA) Benefits.
The PERA law changes were discussed after which Mr. Boerger made a motion
to adopt Resolution No. 659 urging the Minnesota State Legislature to
improve PERA benefits. Mrs. Meyers seconded. Motion carried unanimously.
C. Resolution 665, Urging Eden Prairie Legislators to oppose Senate File
No. 1410, Abolishing the Township System of Relief in Hennepin County,
Mrs. Holmgren's notes of the Relief Board's annual meeting were discussed.
The estimated 4.5 to 5 mill increase was covered.
Mr. McCulloch moved that Resolution No. 665 urging Eden Prairie Legisla-
tors to oppose Senate File No. 410 be adopted. Mr. Penzel seconded.
Motion carried unanimously.
Mr. Penzel requested that a copy of Resolution No. 665 be sent to the
Human Rights Commission so that they would be aware of Council action.
D. Second Reading, Ordinance No. 206, Approving Reclassification of
Creekwood Estates from District Rural to RI 13.5•
A motion was made by Mr. Boerger to adopt the second reading of Ordinance
No. 206 and order published. Mrs, Meyers seconded. Motion carried
unanimously.
E. Second Reading, Ordinance No. 209, Approving Reclassification of
Basswoods, Site d2, from District Rural to RN
A motion was made by Mr. Boerger end seconded by Mr. Penzel to adopt
the second reading of Ordinance No. 209 and order publi shed. Notion
carried unanimously.
IV. PETITIONS, REQUESTS AND CONQIUNICATIONS:
A. Letter from Eden Land Sales, Inc. dated March 5, 1973, Offering the
Sale of the Edenvale Golf Course to the Village of Eden Prairie.
Mr. Don Peterson informed the Council of the addition of a paved parking
lot,maintenance building and club house. These things attributed to the
$100,000 increase over last year's price. If the Village is interested,
Mr. Peterson said financing could be participation revenue bonds which
Eden Land would be interested in purchasing.
A motion was made by Mr. Boerger end seconded by Mr. Penzel to refer the
offer to the Village staff for investigation and report. Motion carried
unanimously.
Council Meeting
March 13, 1973
Page Four
B. Letter from Congressman Frenzel, Dated February 28, 1973, Requesting
Village of Eden Prairie's position on the Proposed Toll Bridge over
the Minnesota River.
Mr. Joe Rimna.c and Mr. Myron Richards, representing 18-169 Corridor
Committee told the Council that because of the heavy burden already on
35W and the antiquity of the other two bridges, private interests were
investigating the possibility of a toll bridge crossing the Minnesota
at County Road 18. The bridge would cost about 12 million dollars with
15,000 vehicles at 25 cents amortizing this cost. It was felt that a
gasoline tax increase would be unpopular end that the toll was a way for
building the four miles of road and the bridge,keeping the roadway free.
The Authority, when organized, would contain equal membership with seven
directors -- one agency; one appointed from Eden Prairie, Bloomington,
Savage end Shakopee, one from the Governor representing the State; and
one from each County, Hennepin and Scott. By establishing a toll bridge
authority, time is secured to get financial support for the project by
issuing bonds. However, support from all communities plus accesses to
the bridge would be required. It was hopedthat the State would build
accesses to the bridge.
It was the Council's concern that 18-169 upgrading would proceed at the
proper time.The stretch between the bridge and 494 would be a questionable
area.
Mr. Richards indicated that Washington's Mondale, Blatnick, Frenzel, and
Humphrey were very interested. Senators Bang, Blatz and Lord would be
authorizing the bill in the Minnesota senate. The enabling Act prepared
by Dorsey law firm would permit the communities to combine for the sole
purpose of forming an authority for the construction of a bridge. Main-
tenance would be handled by the State Highway Department as well as
police.
After the authority is formed, the State Highway Department would be
consulted and with Federal support the construction could be done by 1980.
Members of the Council requested a copy of the proposed legislation and
set a work session for Thursday, March 22nd at 7:00 p.m. to discuss the
bridge matter and request representatives of the State and County Highway
Department to attend.
V. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS:
A. Report of Councilman McCulloch:
Hennepin County League of Municipalities Activities.
Mr. Redpath reported that in the near Suture the Hennepin County League
rYttr be disbanded and efforts would be put into the Metro League,
a which has more money, a larger staff and headquarters.
.
Council Meeting
March 13, 1973
Page Five
B. Report of Public Safety Director:
1. Annual Report of Eden Prairie Volunteer Fire Department.
This report was tabled until the next Council meeting.
2. Agreement with City of Hopkins for the Use of the Hopkins
Jail Facilities.
Mr. McCulloch made a motion authorizing the Mayor end Village Manager to
enter into an agreement with the City of Hopkins for the purpose of using
the jail facilities. Mr. Penzel seconded. Motion carried unanimously.
C. Report of Village Clerk:
Village Clerk's Recommended License Application List Dated March 9,1973
The Gould Small Kennel License was discussed by the Council. Since
neighbors had been informed and did not come forth and because of Mr.
Gould's previous compliance to his license, the license was approved
contingent upon a written report by the Public Safety Director.
Mrs. Meyers moved that the license application list dated March 9th
with the addition of the Charles Gould, 6285 Duck Lake Road Kennel
License for 18 adult dogs and pups up to six months old be appoved.
Mr. Penzel seconded. Motion carried Unanimously.
D. Report of Parks and Recreation Director:
Purgatory Creek Open Space Planning Study.
This item was tabled.
E. Report of Village Manager:
Council Meetings and Agendas.
This was tabled and will be included in a work session.
VI. FINANCES
A. Payment of Claims No. 1554 through 1641.
Mr. Penzel moved and Mrs. Meyers seconded the motion approving payment
of claims No. 1554 through 1641. Upon roll call, ell voted eye. Motion
carried.
B. Cash and Investment Report.
A motion was made by Mrs. Meyers to accept the Cash and Investment Report.
Mr. Penzel seconded. All voted aye. Motion carried.
The meeting adjourned at 11:00 P.M.
Suzanne K. Lane, Secy.
1
PI.ANNU'Q STAFF REPORT
Date: March 1, 1973
Project: Mill Creek
Applicant: Hustad Development Corporation and Robert Engstrom Assoc.
Request: (a) oncept 32 acre siten Approval
llocated at
for Homeward Hills Road and Co. Rd. #1.
(b)Development Stage Approval and Rezoning to RM 6.5 for
the 12 acre parcel south of Co. Rd.#1 and Purgatory Creek
for 65 single family attached units.
(c)Preliminary Plat Approval for the First Phase Cluster of
approximately 13 units.
TABLE OF CONTENTS:
1. Project'sRelationship to Bluff Sector Area.
2. External Planning Forces.
3. Land Use Concept Plan.for P.U.D.
4. Analysis of Development Stage Plan.
5. Composite Summary and Recommendations.
From: Dick Putnam, Village Planner '-1
Through: Robert P. Heinrich, Village Manager/'j i
1. Mill Creek's Relationship to Bluff Sector Area:
The Mill Creek project is located in southeastern Eden Prairie, in the
area identified as the Bluffs West Sector. In the past few years, some
planning has been done by Hustad Development Corporation in this area
to determine land uses and needed community facilities. This preliminary
planning has never been submitted to the Village officially, nor has there
been any formal approval of a planned unit dove lopment. Therefore, we
must assume that the land in the Bluffs West Sector is not under one
ownership nor under a unified planning area.
Many of the services necessary for urban devebpment such as roads,
utilities, schools,etc. will be available to this area in the near future
through adjacent developments. It Is felt to be valuable to the Village and
to the owners that the sector or comprehensive planning for this area be
completed within the next year in order to assist the private developers
and land owners to determine appropriate uses and needed community
services for the future.
2
Mill Creek
3/1/73
Page 2
a. Availability of Utilities:
The Purgatory Creek interceptor sewer runs north/south through this
Bluffs West Sector, slightly east of Homeward Hills Road , creating
excellent sewer availability for the area. Currently,water service
exists at the Vocational Technical school on 212/169 and the
proposal is to extend it along Creek Knoll Road to serve the Creekwood
single family area, then to the east along Co. Rd. 1 into the Bluffs
West area in the Mill Creek project.
b. Roads:
The major roads that will serve this project in the next 5 —10 years
will be existing 212/169 located approximately i mile to the west,
Co. Rd. 18 running north/south along the Eden Prairie-Bloomington
border, and Co. Rd. 1 running east/west along the northern edge
of this sector which will provide the connector movements as a
county road to 16 9/2 12 and 18. Co. Rd. 1 will be relocated to the
north and will be straightened to meet Bloomington's 98th Street at
some point in the future.
The Village Guide Plan shows 169/212 swinging off its present alignment
to the east, up the existing Creek Knoll Road, around the waste management
Landfill site, then connecting back with its present alignment near the
State Weight Station along the river. The present status of this realign-
ment is not known and will depend somewhat on the airport study as
to its possibilities in the future.
The internal road system in the Bluffs West area is not well defined at
this time. Homeward Hills Road, running north/south from Co. Rd. 1
to Riverview Road on the south, is the primary access road for this area.
Riverview Road,located adjacent to the bluffs and river, is a street that
should not be subjected to greatly increased traffic volume due to the
rugged topography and limited right of way available.
The development of the entire Bluffs West Area should be phased in such
a fashion to coordinate with major trunk highway system improvements
to prevent extreme overloading of the state and county road systems.
The current proposal for the 32 acre project should not greatly overload
the existing systems.
I
Mill Creek
3/1/73
Page 3
c. Schools , Recreation, and Community Facilities:
The existing elementary and secondary school facilities today are
located in the northwest area of the Village, centrally located to the
majority of Eden Prairie's population. Proposed school sites in The
Preserve along the East/West Parkway and in the Red Rock area are
the closest elementary school facilities to the Bluffs West area.
The timing for construction of these sites is certainly over the next
10 years. A proposed site for a secondary school located along 169
south of the Major Center Area is currently under study. As of now,
no junior high or middle school sites have been determined. I believe
a reasonable expectation is the construction of at least one elementary
school and perhaps a middle school site somewhere within the area to
serve the Bluffs West and possibly Bluffs East Area within the next
10 or 12 years. A joint relationship between the School District and
the Village should work with developers to acquire, through dedication
or land writedown, future school sites to serve this area as well as
to determine the size and type facilities needed.
The closest community and recreational facilities to this area will be
Staring Lake, as well as the active football and baseball fields which .
exist along Flying Cloud Airport. These are over a mile away and
fulfill a community function rather than a sector or neighborhood function.
Development of a full community recreation system must be accomplished
within the area prior to significant development.
Currently tha Village in conjunction with the Riley-Purgatory Creek
Watershed District is undertaking a study to determine the size and
scope of the pedestrian and open space system along Purgatory Creek
from the Minnesota River through Baker/Mitchell Road to the north.
This study will indicate the potential uses of the creek through the
Bluffs Area as well as significant tie-in areas to the local open space
systems, and should be completed within the next 6 to 8 months.
d. Commercial:
Commercial services today in Eden Prairie are very limited, as we all
know. By 1 975 with the opening of the Homart Center and a community
commercial center south of the Wye on 169, both community and regional
shopping facilities should be readily- available to the residents of the
Bluffs Area. We expect that in conjunction with development in the
Bluffs East/West and lower Preserve area that another community
commercial area, i.e., a center of between 100-170,000 sq.ft.,may be
developed somewhere in the southeast area, as indicated in the Brauer
Mill Creek
•
3/1/73
Page 4
Guide Plan in 1968. The exact location and uses in this center is not
yet determined at this point. The next level down is the neighborhood
center with the small commercial service uses, such as a gas station
and small grocery, which has not been located in this area and a —
comprehensive study of the sector should be completed prior to any
approval for locations of these uses.
e. Summary:
It is critical that the Village and the private development interests in
the Bluffs Sector of Eden Prairie produce a workable, conceptual land
use plan which includes staging of capital improvements and housing
development to insure that the necessary community services will be
provided in an economical and logical fashion. This work should be
done prior to further approval of projects within the Bluffs area,
excluding the present Mill Creek project.
2. External Planning Forces.
a. Airport Study:
The Village of Eden Prairie, in conjunction with the Metropolitan Council,
Metropolitan Airport Commission, and a team of consultants, is studying
the land surrounding Flying Cloud Airport and the masterplan of the
airport itself. This work is funded jointly through a federal grant and
MAC funds. We anticipate the completion of this study during 1973.
b. Joint Watershed/Village Purgatory Croekway Study:
The Village,in conjunction with a private consultant and the Watershed
District, will be studying and planning the Purgatory Croekway Open
Space System. The study will produce defined boundaries for the
Purgatory Open Space area with suggested uses and connections with
other systems within the area to work in conjunction with private
development.
c. Commercial Needs:
The Village Council asked the staff to research and report to the Planning
Commission and Council regarding the overall planning for commercial
facilities within the Village. This study will include the designation
of center types, such as neighborhood or regional;population require-
ments to support each of the centers; and then by applying the criteria
for center development to the goals and objectives within the Village
Mill Creek
3/1/73
Page 5
for provision of such services, will locate areas in which those
centers would seom appropriate. This will not locate them exactly
as to land siting but rather to locational population areas. We would
expect this work to be done during the summer of 1973.
d. Highway Planning:
The need is apparent for traffic analysis of the entire southwest area,
from 169 to Co . Rd. 18 and from the regional center south to the river.
The revised plans for road systems in The Preserve and those of the
county, state, and inter-state systems should be taken into account
and applied to the development plans within the Bluffs East and West
area. This work has not been done, and would be appropriate as part
of the sector study.
e. Joint Village/Private Sector Study of Southeastern Eden Prairie:
The southeastern Eden Prairie area does not fall under one ownership
as does Edenvale or The Preserve, and therefore will require joint
cooperation of the Village, various land owners, and selected agencies
In completion of a thorough and comprehensive Sector Land Use Analysis
to properly control and locate growth within this area. The Village has
done this in two previous situations: the Red Rock area, where it was
a Village initiated and financed planning study, and the Duck Lake
Planning Sector Study currently underway to locate major community
facilities in re sidontial areas.
I would anticipate the planning effort in the Bluffs Area would be a
hybrid of the normal private sector planning efforts illustrated in The
Preserve and those of the public venture in Red Rock. In the Bluffs
area, the ability to coordinate the large land holders with the ability
to provide services from the Village level seems important in imple-
menting any planning and development within this area. We would
hope that this work could begin during the spring and summer of 1973
with completion before 1974.
3. Analysis of the Land Use Concept Plan for Mill Creek:
a. Land Usage:
The decision to build at a density of approximately 7-8 units/acre on the
32 acre site, in apartment/condominium units and townhouse units,
seems basically sound given the location next to Co. Rd. 1 which is
1
Mill Creek
3/1/73
Page 6
a major Village street, the proximity to Purgatory Creek's natural
amenity area, the lake to be created, and the units proposed.
The choice by the developer to build multiple-type units rather than
single family detached seems appropriate in this area due to the
extreme slopes and difficult development sites. Ilowever, it would
be inappropriate to expect that the density and type of development
proposed at this location would be continued to the west and south
in like fashion. The natural landform for this site forms a separate
pocket for development along with the southern hill owned by The
Preserve, and approval of this concept plan should not imply similar
approval would be made for the land lying to the west and south to
the river.
The small scale recreation center,which conceivably could have limited
office space, seems to be located on a logical area and would provide
the necessary services for these units. The proposed limited commercial
center at the intersection of Homeward Bills Road and Co. Rd. 1 can
not be approved without an overall study of commercial needs.
b. Utilization of Natural Resources:
The site has two distinct areas proposed with different building types.
The first area, the townhouse area, is a knoll that separates the lowland
proposed lake area from the creek to the east and is proposed to have
small scale townhouse clusters overlooking the creek and lake area.
The second area, the sloping bowl south of Co. Rd. 1 and llorreward Hills
Road, is void cf tree cover with slopes of 10-20% and offers the ability
to construct units in a line.al fashion which provide excellent one-
directional views if the units are notched into the hill and proper develop-
ment techniques for sloping sites are utilized. Great care should be given
to treatment of the structures and the site grading on th.,se steep slopes
to prevent erosion and insure proper siting.
The project not only preserves the natural environment along Purgatory
Creek, but also enhances or creates an environment by the ponding area
in the center of the bowl. The proposed uses on this site seem com-
patible with the existing topographic features and site orientation.
c. Impact on The Preserve Property to the South:
Joint development of recreational space, pathways, and
h the Mill types Cesh shoulds e.
be undertaken to coordinateThe Preserve property
The importance of open field space, for example, rests upon both projects
. Mill Creek
3/1/73
Page 7
and can best be accommodated through joint land use agreements.
Likewise, in the future when these are developed, the homeowner
associations should be coordinated to insure proper maintenance of
the amenities created for both projects.
4. Analysis of Mill Creek Development Stage:
a. Site Plan Concept:
The site planning concept of small clusters of 13-16 townhouse units
in small 65-family neighborhoods makes a great deal of sense, given
today's trend in the housing market. The clear identification of the
five small clusters off the public access street again seems to be a
very workable concept. The orientation of these units , generally away
from the auto courts, out to the green areas -- some of which are large
and expansive as those fronting on the lake and the creek, and those
of the smaller scale interior green spaces --is a very workable concept.
The proximity of some clusters to other cluster units as well as the
manmade lake seems to be somewhat tight but should be worked out
as detailed plans for each cluster are presented during the preliminary
platting.
The development of recreational space is not well defined in the plan
as presented, but through discussions with the developer, the recognition
of the need for open field space of a 200-250 sq.ft, size can be
accommodated, either through joint development with The Preserve site
to the south or by reshapincg the manmade lake. The interior pathway
system to be constructed should be more clearly defined as to its
location and to show the connection of the individual units to the
recreation center. Likewise, the revised public dedication boundary
approximating the 790 contour seems to be workable and has been
racommeuded by the Park and Recreation Commission in conjunction
with a scenic easement to the top of the slope. Part of that approval
indicated that in the further studies of the Purgatory Creekway if more
land is needed to the top of the scenic easement that this would be
possible after the approvals.
b. Unit Type and Price:
The townhouse units as proposed by Engstrom Associates seem to be a
very innovative style of townhouses, breaking the townhouse buildings .
into groups of 2, 3, and 4 unit buildings with very mixed facade treat-
ments. The ability to detach the garage as well as tuck the garage
Mill Creek
3/1/73
Page 8
under the unit offers a great deal of flexibility on this site,as well
as the court entry spaces proposed with such flexibility. The interior
plan for the units seems very exciting and should offer excellent family
living for varied family sizes. It is my opinion that the unit plans
provide an exciting addition to Eden Prairie's housing market.
The suggested price for these units would range from the mid-$30,000
to the mid-$40,000 depending upon choice of unit and the amount of
finished floor space required. The amenities and building plans proposed
will create a quality living environment for an above-average income
family.
c. General Site Plan Comments:
Provision for recreational activities in the old barn that exists on the site
as well as the newly-constructed recreation center should provide
excellent indoor and manmade recreation, combined with the lake as a
visual amenity. The provision of recreational vehicle sturage on the
lower level of the barn as well as on-site parking facilities for guests
offers an excellent solution to storage of recreational vehicles and •
guest parking without congesting the movement system. The emergency
vehicle turnaround provided in the large cul-de-sac in front of the barns
in conjunction with the short cul-de-sac streets to each cluster, each
of which with a turnaround, should provide excellent emergency vehicle
access to the project. The divided entrance road off of Pioneer Trail
• should be checked with the county prior to construction for exact site
location and entrance median width. Additional right-of-way will ba
required along Pioneer Trail to make the right-of-way width 50 ft. from
the center line, to be dedicated to the county at the time of platting.
5. Composite Summary and Recommendations:
The Mill Creek project has initiated the consideration of a sector study
for the Bluffs area that should be carried out within 1973,in conjunction
with ongoing special studies for airports, creek trailways,commercial
needs, and road systems. The Bluffs area offers an excellent oppor-
tunity for a hybrid solution of the existing planned unit development
technique, to reduce the cost of land holding, thereby reducing the
coot of housing provided through the joint efforts of the private and
public sectors.
Mill Creek
3/1/73
Page 9
Provision of municipal services such us utilities, roads, schools,
open space, and commercial needs must be addressed within this
sector on a short-term hasis for the next 5 - 10 years, and also for
the long-term development of this area. The Village and School
District should immediately begin developing strategies for phasing
and facility construction within the Bluffs area. There witl be joint
participation by the public and private interests in providing services
and maintaining and operating those services. Research should be
conducted to determine the impact of large-scale homeowner associations
within this sector versus the advantages and disadvantages of non-
coordinated association development. Also the management of the
open space resources should be studied in great detail as to their
initial construction and overall maintenance and programming.
The impact of this project on the environment should be minimal due to
the work done in site planning, which seems to be excellent, as well
as the cooperation thus far with the Soil Conservation Service and the
Watershed District. The Watershed District will have standards
related to construction located near the creek so that excess siltation
and pollution of the creek will be minimized. Likewise, the natural
ponding area created will greatly assist in controlling the runoff from
this site through the overflow structure at the lower end of the pond.
This may be one of the few projects when it might be said that the
environment of this site may be enhanced by the development rather
than diminished.
I would rcconur end an implementation program that would utilize concept
plan approval for the entire 32 acre site excepting the commercial area,
and development stage rezoning approval of the 12 acre, 65 unit town-
house phase, and at the same time approving the preliminary plat for
the first phase cluster located adjacent to Purgatory Creek and the
interim cul-de-sac street of approximately 13 units. Approval of the
preliminary plat for the first phase area shall be accompanied by the
required documents, such as grading plans, landscaping plans, and
exact building locations. The specific plans should be reviewed by the
staff to Insure that they are workable and comply with the development
stage rezoning granted.
Recommendations:
1. Approve the 32 acre Mill Creek proposed planned unit development
concept excepting the commercial location in the northwestern corner
at this time. The approved uses would be rental or condominium
s+
Mill Creek
3/1/73
Page 10
apartments at a density of approximately 8- 10 units per acre
of the 6 - 8 unit building with tuck-under garaging; the proposed _
townhouse clusters of 65 units located on the eastern knoll of
the site; and the neighborhood center or recreation center. The
recreation center concept is not a commercial/office structure
but rather merely project management and association offices.
The open space concept, including a manmade lake and parkway
dedication along Purgatory Creek is acceptable with the Village
standards.
2. Recommend rezoning to RM 6.5 for the 12 acre townhouse parcel
including approximately 65 units at a density of 5.4 units per
acre as indicated in the Mill Creek brochure.
3. The creekway dedication be resurveyed to incorporato the recom-
mendations by the Park and Recreation Commission for the 790
contour line as the public/private boundary with a scenic easement
to the top of the slope.
4. Recommend that sufficient open field play space be provided, either-
on the Mill Creek site or jointly between The Preserve property and
Mill Creek, with a workable pedestrian system which links that
area with Purgatory Creek and the land to the west across Homeward
Hills Road.
5. Recommend preliminary plat approval for the first stage of the town-
house site of 13 units which must be consistent with the development
stage plan submitted and all Village standards for site development.
DP
"'•'.l.lMlNARY STAFF REPORT
DATF.: February 1, 1973
Hustad Mill Creek, 32 acre development along
Purgatory Creak on the Tucky property
APPLICANT: Hustad Development Corporation and Robert
Engstrom Associates
FROM: Dick Putnam, Village Planner
THROUGH: Bob Heinrich, Village Manager
COMMENT:
This project will be the first stage development of the Hustad area
in the Bluffs West. The development team of Hustad Development
Corporation and Robert Engstrom Associates does bring a great deal
of background and expertise to the development of a townhouse and
condominium project. Mr. Engstrom., formerly vice president with
Pemtom,was chief project director for the Birnamwood and River
Villages projects constructed by Pernton. He has a great deal of
background in the lower density sale townhouse market. His
• experience in the past is most likely reflected in the design of these
wits since they are somewhat different than the normal townhouses
that have been built.
Hustad Development Corporation has been acquiring land over the
past few years in this southeastern Eden Prairie area and has now
developed a team of planner, builder, and financing people to put
the projects together in conjunction with the marketing and design
expertise of Engstrom Associates. A personal opinion at a quick
glance indicates that this development team should do an excellent
job on this 32 acre project, given the flexibility to perform.
extension of 12 inch water main along Co. Rd. 1 would be required
for this project to go ahead on schedule. This main would be the sane
o.: extended to serve the Creekwoods single family area down Creak
Knoll:t Road from 169. The decision and tinting of extension of this •
rn,._r. is one that must be determined by the Village Council.
land uses proposed of townhcase and terraced condominium appear
t3 ;,a very well suited for :he respective terrain. The creation of the
in the lowland area does seam to et appropriate, and the watershed
.;oil conservation districts have been working on this propo sal.
a would be a control structure at the lower end of the lake which would
overflow drainage to Purgatory Craelt in a natural swale. The
r,pused commercial use at the thtersection of Co.Rd. 1 and Homeward
•
•
ereil.mi ery o.aii 1<epUri -nu6,.eu :Vllll lill:ei.
Page Two
Hills Road cannot be evaluated at this time by the Village without
further study of the total commercial needs and land use planning
within the southeastern area of Eden Prairie. The type of units
proposed indicate a family living environment in the townhouse area
as well as a more family-oriented condominium unit than would
normally be expected. Therefore, the community services necessary
for this project must be evaluated closely. The proximity to schools,
playground open space, and major recreational areas should be
considered. The location of the 32 acres seems to fall at the outer
edge of two sectors: south of The?reserve sector and in the north
end of the Bluff sector. Me development in this area makes a
great deal of sense from the existing road network as wall as the
utilities available. However, if the Bluffs west sector is to develop
as a large planned community, much as Edenvale and The '?reserve or
Red Rock has done, the grouping of community facilities would most
likely occur south of this site and would occur at a much later data.
Therefore, some of the services such as playfield space, day care,
etc. might well be provided on this site.
Of some concern is the relationship of this project to adjacent lands. The
land to the south,the Hermann property owned by The Preserve, does
fall into the same natural planning area as this project. The land
•
forms which form a bowl and the lowland for the lake do overlap
property lines. We would hope that the Hustad Development Corp.
and Preserve might be able to work out the land use proposals as wall
as the associated open space areas satisfactorily to both and the
Village. Of significance is the proximity of this site to Purgatory Creek
and the Village open space system. As we are aware,this is the northern
end of the major creak valley of Purgatory, which flows south to the
Minnesota River and climaxes in a very large valley as it enters the
river. This section of Purgatory Creek is extremely valuable as a
natural resource, not only to the Village but also to the Metropolitan
,:area as a whole, and should be preserved in its natural state along
the natural edges,wherever possible. Therefore, it would seem
p.:opriate that the?ark and Recreation Commission should review this
•
p:000sal at the earliest opportunity and work with the developers to
on sure proper development along the creak.
I am sure that the Hustads will be able to answer many of your questions
az the meeting Saturday, February 3, at their offices, and I would urge
you .o examine this proposal and the Creakwoods proposal prior to that
meeting.
D?
l of 2
VILLAGE OF EDEPI PRAIRIE
ENGINEERWG REPORT
DATE March 19, 1973
TO: Planning EtZoning Colmission
FROM: Carl Jullie, Village Engineer
SUBJECT: Mill Creek Addition Review of Preliminary Plat and Utility Plans —
LOCATION South of Pioneer Trail (Co. Rd. 1) and Homeward Hills Road (Sec.26)
OWNER/DEVELOPER Hustad Development Corp.
by Robert Engstrom Assoc.
ENGINEER Suburban Engineering (Jeff Roos)
* w * * * * * ** * ** * * * * * * * * ** .A. ** * * * * * *** .h ** * * * *
PROPOSAL: See Planning Staff Report dated March 1, 1973. This report will be
in reference to the preliminary plat and utility plans for the 12 acre parcel
south of County Road #1.
GEOMETRICS: (lot dimensions, easements and right-of-way)
Street'R/W's. 1. 90' for E-W divided entrance from Pioneer Trail. O.K.
2. 50' for N-S collector terminating with a cul-de—sac of 50'
radius, O.K.
3. An additional 17' dedication along Co. Rd. 1 (33' existing)
will be required according to Hennepin County review letter
attached.
Numbering: Lot and block numbers are indicated for the first phase cluster of
townhouses, however a specific designation should be given to the
open space therein (i.e. Block 5).
2 of 2
STREETS ADD GRADING:Access to all units will be from internal streets as requested
by Hennepin County. Proposed street surface widths are adequate, except recommend
20' mi nimum surface width for private court roads. Concrete curb and gutter and
full depth asphalt design is recommended for all streets (public and private).
Concrete gutter swales should be used to carry cross drainage at intersections.
PUBLIC UTILI TIES:
Sanitary Sewer: Interceptor sewer is in place along Homeward Hills Road. A
feasibility report is being prepared which will cover extension of the necessary
trunk sewer to serve this property and others to the east.
ilatermain: Extension of a water trunk line will be necessary from the existing
trunk at US 169-212 and Sunnybrook Road. A feasibility report covering this
extension is being prepared. The proposed interior watennain network is adequate,
except that two additional gate valves should be planned.
Storm Sewer: A large pond will be excavated in the western portion of the site.
Recommend that the pond be utilized for storm water detention and that the proposed
storm sewer outleting directly to the drainage ditch along the south property
boundry be re-aligned to outfall into the proposed pond.
PECC;•:`1ENJNATION:Recommend approval of the preliminary plat of MILL CREEK ADDITION
subject to receipt of revised preliminary utility plans conforming to the
recommendations of this report and also showing proposed sewer and water
services, gas mains and electric lines.
Respectf u 'tted,
Car e,
Village sneer
•
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2/6/73 Planning Commission Nesting
•
III. Petitions and Requests
A. "Hill Creek", 32 acre PUD proposed by Hustad Development
Corporation and Robert Engstrom Associates.
fir. Bonner showed the topography of the proposed 65 townhouse,
32 acre site. Slides of the 12 acre, 65 cluster home site
was shown by Hr. Bob Engstrom as well as the floor plans.
Hr. Engstrom said that all land would be owned by the association
including the tot lot and barn.
Action Taken:
Hrs. tieyers moved that the information be submitted for Staff,
llatershed and Park and Recreation Commissions reports. fir.
Sorensen seconded. notion carried.
3/6/73 Planning Commission Minutes
D. Hill Creek, 32 acre PUD Concept plan submitted by Hustad Development
Corporation and Robert Engstrom Assoc. Requesting PUU Concept
Plan Approval atsd rezoning for 12 acres to Ril 6.5 for 65 townhouses.
The staff report and the reconnendations were reviewed by fir.
Putnam. It was felt that the fifth recommendation not be acted upon
until more investigation had been made by the Village Staff since
the plat had just been received.
Future school sites in the combined interests area were discussed
with Cr. Hustad indicating that efforts are being made by all
concerned regarding schools, utilities, trailways, etc.
Answering a question from iirs. Meyers, tor. Engstrom said that
tiill Creek will be a two to three year project.
Action Taken
A motion was made by firs. Meyers and seconded by Fir. Sorensen to
recommend to the Council Hill Creek PUD concept plan approval and
RIt 6.5 rezoning according to the ;'larch 1, 1973 staff report and the
March 1, 1973 staff report recommendations 1 through 4 as changed.
1. Approve the legally described 32 acre Mill Creek proposed
planned unit development concept excepting the commercial
location in the northwestern corner at this time. The approved
uses would be- rental or condominium apartments at a density of
approximately 8- I0 units per acre of the 6-3 unit building
with tuck-under garaging; the proposed townhouse cluster of
not more than 65 units located on the eastern knoll of the
site; and the neighborhood center or recreation center.
The recreation center concept is not a commercial/office
structure but rather merely project management and association
offices. The open space concept, including a manmade lake and
parkway dedication along Purgatory Creek is acceptable with
the Village standards.
2. Recommend rezoning to Rii 6.5 for the approximate 12 acre
legally described townhouse parcel including not more than
65 units at a density of 5.4 units per acre as indicated in
the Hill Creek brochure.
3. The creekway dedication Le resurveyed to incorporate the
recommendations by the Park and Recreation Commission for
790 contour line as the public/private boundary with a scenic
easement to the top of the slope.
4. Recommend that sufficient open field play space be provided,
either on the Hill Creek site or jointly between the Preserve
• property and hill Creek, with a workable pedestrian system
Which links that area with Purgatory Creek and the land to
the west across Homeward Hills Road.
•
Motion carried unanimously..
•
3/20/73 Planning Comnission Minutes
I
A. "hill Creek" by Hustad Development Inc., townhouse project located on w .
Co. Road 1 adjacent to Purgatory Creek. Request Preliminary Plat
approval. Staff Engineer's Report.
The Village Planner explained the Engineering Report. In response
to that
age Engirrt's dations Mr.regarding theonner said necessity ofat thee has talked
concrete
curbing on the private roads and possible alternatives.
Action Taken:
A motion was made by Fors. Meyers to recommend preliminary plat approval
of thethe curbill andCreek gutterddi pointninor 13 units subject to the Engineering Report.heir.resolutionLynch of
seconded. notion carried unanimously. The Cornission requested
written approval from Ilr. Jullie if an alternative to the Engineering
Report was approved.
' I
•
•
•
2/12/73 Parks and Recreation Commission Meeting
2. Mill Creek- Hustad Development Corporation.
Bill Bonner from Hustad Development Corporation reviewed the
Mill Creek development proposal. The plan calls for a townhouse
development between Purgatory Creek and the manmade lake and
a condominium apartment project between the manmade lake and
Homeward Hills Road. He reviewed briefly the proposal to dedicate
to the Village 50 ft. adjacent to the creek for public use and to
provide a scenic easement on an additional area adjacent to that
to be maintained by the homeowners association. He indicated
that this was their proposal and was subject to consideration by
the Parks and Recreation Commission and the Village Council.
He talked briefly about the drainageway from the creek back to
the manmade lake area in the center of the project. He indicated
that this might be a public or quasi-public trailway providing
access to Purgatory Creek as well as access the other way to the
manmade lake. Bonner stated that the lake would be some four
or five acres in size with a depth of no more than five fed. He
indicated that part of the lake might be used for more active
activity, such as ice skating in the winter, etc. whereas the
majority of it would be essentially a wildlife habitat.
Mr. Hustad indicated that the swimming pool and other common
facilities in this proposal would probably be owned by the town-
house homeowners association and leased to the condominium
owners because of certain legal complications in the condominium
law in Minnesota.
Cuestion was raised as to availibility of active play space for
redidents of this project. Mr. Bonner indicated that a play space
could be incorporated within the townhouse proposal and also
within the condominium apartment proposal in the vicinity of the
manmade lake. Jessen stated that potential elementary school
park sites in this part of Eden Prairie were close by to the south
and west of the Mill Creek site.
Mr. Bonner requested that the Parks and Recreation Commission
consider concept approval on the overall Mill Creek plan, consider
granting final approval on the townhouse portion of it with con-
sideration of creekway ownership and active play spaces at the
next meeting.
Action Taken: M/Berkland, S/Garens that the Parks and
Recreation Commission recommend to the Council and Planning
Commission approval of the Mill Creek proposal, pending addi-
tional study and action at the next meeting on the details of
creek ownership and the need for internal recreation systems
on the site. Carried unanimously.
PuNic Works Phone935.3331 320 Washington Av.South,Hopkins,Minnesota 55343
H NNeF1N\, COUNTY -
March 13, 1973
ilr. Ri chard Putnam
Village Planner
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Lear Mr. Putnam:
RE: Proposed Plat - "Mill Creek"
CSAH 1 — South Side west of Purgatory Creek
Hennepi n County Plat No. 192
Review and Recommendations
Think you for submitting the above referenced plat for our review. We have reviewed
the proposed plat and have the following recommendations.
1. Dedicate an additional 17.0 feet of right of way - a total of 50.0 feet
from the centerline and along CSAH 1.
2. Access to all lots should be from the internal streets rather than from
CSAH 1. Entrance and street permits must be obtained from the Maintenance
Section of the Hennepin County Department of Public Works.
3. The proposed landscape buffer and the internal street parallel with CSAH 1
oust both be constructed outside of county right of way. All proposed
construction within county right of way must be approved by the Hennepin
County Department of Public Works.
4. The location of the proposed 12" water main extension along CSAH 1, or
other possible location, should be coordinated with this department. A
Utility Permit is also necessary and may be obtained from the Maintenance
Section of the Hennepin County Department of Public Works.
If there are any questions please contact Craig D. Spencer at this office.
Very truly yours,
a.
ilerbert 0. Klossner, P.E.
County Engineer
HOK:CDS:rm
DATE: March 23, 1973
TO: Mayor and Members of Village.Counp11
FROM: Village Manager R. P. Heinrich f J�ff�ill''
SUBJECT: REQUEST OF EDEN LAND CORPORATION TO WAIVE.RIGHT
OF NOTICE OF PUBLIC HEARING
The Village Council has the right to waive notice of public hearing if
all the property owners within the affected area have indicated by
petition their knowledge of the hearing.
As a general operating procedure, waiving of rights of notice for public
hearings should be discouraged. The newspaper notice provides the
community at large the opportunity to know about Village improvement
projects and zoning changes.
You may wish in this case,because of the negative re sponse to the
proposal by the Planning and Engineering staff as well as the Planning
Commission, to grant Eden Land Corporation's request to waive the
right of notice for public hearing. Hopefully, this practice would be
eliminated or minimized in the future. •
RPH:kg
tItE
EN1AND CORP. 14500 Valley View Road-Edens Prairie. Minn.55343-Tel.612/9414300
March 7, 1973
Mr. Robert Heinrich
Village Manager
Village of Eden Prairie
8950 Eden Prairie Road
Edema Prairie, Minnesota 55343
Dear Bob:
Edema Land Corporation has a proposal before the planning commission for a
30 unit single family zero lot line subdivision in Edenvale. This proposal
has been heard by the planning commission at their meeting last night and
it is scheduled to be considered and a staff report and recommendation sub—
mitted at the March 20th planning commission meeting. The project will be
constructed as a joint venture by Reeder Development and Jim Zachman.
It is important that this project be acted upon as soon as possible because
arrangements are already being made to have financing available for 3 models
vhicb should be under construction in April in order to hit this construction
season. I am requesting that the project be placed on the agenda for the
March 27th council meeting for public hearing. The only two property owners
within the effected area are Eden Land Corporation and Dick Hipp. No other
residents live closer than 1200 feet from the project and it is entirely in—
visible from outside of Edenvale. We hereby waive our right of notice for
public hearing and request that the hearing be held on March 27, 1973. •
Tours trsaly,
EDEN LAND CORPORATION
Donald R. Peterson
President
Richard a-.Bippf
DEP/ESEB/blt
1 of 2
VILLAGE OF EDEN PRAIRIE
ENGIIIEERING REPORT
TO: Planning & Zoning Corrmission DATE March 19, 1973
FZOl: Carl Jullie, Village Engineer
SUBJECT: Edenvale 7th Addition Review of Preliminary Plat
LOCATION SW Quadrant of Woodhill Drive and Woodland Drive (Sec. 4)
OWNER/DEVELOPER Eden Land Corp.
Applicant: Zachman Homes
ENGINEER Landmark Planning & Engineering Co.
* ** * * * * ** * * * * * * * * * '* * * * * * * * * * * * * * ** * ** * *
PROPOSAL: See Planning Staff Report dated 3/16/73. Applicant requests RM 6.5
zoning and approval of preliminary plat. _
GEOMETRICS: (lot dimensions, easements and right-of-way)
Recommend the following:
1. All lots should have 50' minimum at the street R/W and 70' at the
building line.
2. Street R/W should be 50' minimum with 50' radii on cul-de-sacs.
3. 10' drainage easements should be shown between buildings.
4. An easement for looping the watermain between the cul-de-sacs should
be indicated.
a
( 2 of 2
S'1 EETS AND GRAOff3: Street grades are D.K. Typical street section not shown.
Recommend concrete curb and gutter and full depth asphalt design for streets.
PUBLIC UTILITIES:
Sanitary Sewer: The alignment of sewer on Woodhill Court should be changed to
provide straight lines between manholes.
Watermain: The proposed network is unacceptable, looping should be provided
between the cul—de-sacs.
Storm Sewer: Catch basins should be provided at the intersection of Woodland
Court and Woodland Drive. Arrows indicating drainage patterns from each lot
should be shown.
RECG,':!E"1f:1TION: Recommend denial of the applicants request for approval of the
preliminary plat of Edenvale 7th Addition. The applicant should be referred to
the Village Planner and Engineer for necessary revisions of the proposed plat and
preliminary utility plans.
Respect 11 su ai tted,
•
Car e, P. .
Village Engineer
1
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I
PLANNING REPORT: •
Applicant: 'Lachman Homes
Project; Pdenvale 7th Addition
Location: Ldenvale's northwest area at the corner of Woodhill
Drive and Woodland Drive
Request: PM 6.5 zoning from P_U.D. designation, and
preliminary plat approval:or 30 single family
detached lots to he bu lit as zero lot line or
clustered single family homes
Date: March 16, 1973
From: Dick Putnam, Village Planner
Thru: R. P.Heinrich, Viilaga Manager
CONTENTS:
1. Compatibility with Edenvale Plan.
2. Compatibility with Natural Site and Rc laied Uses.
3. Site Plan Analysis.
_. Recommendations. '
1. Cc,mp,et!bilir vet=Edanvzle P1Lrn;
This :site is part of an area in 'Aenvale th otwas approved at a gross
density of 5.8 dwelling units per acre. This site is adjacent to the
llipp's townhouse project, of which the first phase is approved. The
original concept for serving this parcel was with a loop street rather
than with a two cul-de-sac system combined with adjacent parcels. •
The proposal for the clustered single family use with two eul-do-sacs
seems consistent with the original EdenvaleCo:nprehensi'.•e Plan. 'Phe
provision of housing for the family units in the low $30,ir00 price range
supports the Eden Prairie and Eder vale policy of providing a broad range
of housing costs.
•
The relationship to existing land use as f3roposed in the }Iipp's project
adjacent to the Edenvala 7th Addition would ha townhouses that would i 1
parallel the Woodhill Court or westcarn cul-de-sac to the west of .•
this site. The distance between :structure s as proposed would be
approximately 90 feet, fronting directly onto each other. The northerly ;..
two or three units would have a hill of approximately 8-9 feet high, if
it is not removed,between those units and the adjacent units. However,
the southerly units are in basically the same grade as those proposed in
the Iiipp's project.
2. Site Features:
The site is a high knoll which drops from elevation of about 937' to
approximately 900', dropping off to the southeast from approximately
4`
• Edenval.e 7th Addition
Page 2
the tot-lot area in the canter of the site. The rolling site offers the
opportunity to build units with a walkout as well as a split-entry
capability on both cul•de-sacs, which will permit a variety of unit
styles. The other significant fe aturasof the site zre the two heavily
wooded areas on the northwestern corner through which the Woodhill
Court cul-de-sac cuts and the areas of trees on the southeast
corner which buffers again stWoodland Drive. Basically the remainder
of the site is open as field cover today. Of significant importance is
the ability to utilize land forms to the best advantage by providing
buffers between housing units as well as providing a variety of housing
units. The clustered single family unit concept would offer this
opportunity, utilizing different floor plans.
3. Site Plan Analysis:
The concept for traffic movement within Edenvale utilizes the collector
streets unencumbered by individual driveways, looping through the
community with local individual house access roads clustered off the
major streets. Woodhill Drive and Woodland Driveare two of
those major streets which front on this project. The two cul-de-sac
streets provide access for 211 of the housing units proposed. However,
there are two units on the corner that would take access directly off
Woodhill Drive. These are the only units -- single family, townhouse,
or whatever-- that have been proposers to take access directly off these
collector streets. Therefore, it seems inconsistent, particularly at the
intersection of two collector streets within Edenvale's northwest area,
to utilize the collector streets a s access roads.
The street right-of-way width for the proposed cul-de-sacs of 44 feet
would not allow on-street parking for these units. Likewise, the
cul-de-sac radius of Si ft . right-of-way and 40 ft. radius to the curb
line of the street presents seine problem with the way the units are
oriented. (Refer to sketch) As you can see, the driveways overlap
when they meet at the curb line and in many cases, provide less than
the required driveway width for a normr.l two-car garage, let alone
the problem of snow rernoval and the piling of the snow. The minimum
Village standards for lot width at cul-de-sac of a detached unit is
50 ft., when dealing with a 50 ft. radius right-of-way. This is a
performance standard based upon the necessary room between the
driveways of homes located on cul-de-sacs for utility easement space,
visual green area, and snow piling during the wintertime. This leaves
only a distance of less than 20 feet between driveways with that
Edenvale 7th Addition
Page 3
arrangement. In my opinion and the Village Engineer's opinion, 50 ft.
is the minimum for adequate service oil public streets within any
subdivision, even on a clustered, single family home, being a detached
residence. I also believe that visually looking at the clustered home
area from a cul-de-sac would he rather dull and monotonous given the
tremendous amount of asphalt paving that would he necessary to make
the proposed plat workable.
The proximity of units to each other, i.e., distance between facing
walls, seems to me to he very tight in certain areas, particularly with
the two cul-de-sac units fronting each other and, at the extremes,
where the units front onto adjacent properties. The concept behind
the clustered single family on a small lot, I believe, sloes not involve
putting units within 60 ft. fronting on to each other. The idea of
smaller, private lots reducing the wasted space and side yards will
produce significant grouped open:pace that is usable by all of the
residents. Also, the orientation of the units is very critical for the
success of such a project. Just as with townhouse projects whore the
view or the Omni-directional unit must have good vistas from the one
viewing side, likewise the clustered single family is the same, The .
limited side yard space or patio space is warranted if there is the
availibility of an uncluttered and open view in one direction, or there
is significant plant screening or hill forms. In my opinion, the distances
proposed in this plat of 60 ft. between buildings in two instances and
64 ft. in others is not consistent with the concept of the patio house.
Likewise:, in the ends of the cul-de-sac, the units that are 2 0 ft. and
38 ft. from property lines will undoubtedly be fronting onto other units
in very clone proximity. To the west, the Hipp's units are located
approximately 90 ft. from the front of the units proposed. The three
northern units would seem to he acceptable if the wooded character
and they hill Corm are preserved, but the lower units are at the same
grade with what will be a limited amount of vogetatiuibetween them.
Also, the direct parallel views not oriented askew of each other is not
the ideal planning approach.
To give you a feel for the comparison, in the single family plats that we
have a pproved for normal 13,500 sq.ft_ lots, an average depth would he
approximately 100 ft. by 90 ft. wide. If two of those are back-to-back,
the distance between the normal house, given the 30 ft. setback and a
25 ft. deep house, would he 190 feet between structures parallelling
each other. We realize that in the den ser, or clustered housing arrange-
ments, 190 ft. may not be possible due to the economics of the area.
llowever, the 60 ft. dimension does seem to me to be a considerable
amount below an acceptable minimum, which may be somewhere in the
Edenvale 7th Addition
Page 4
range of 100- 130 ft., assuming a flat, unobstructed view. Also,
without detailed design and, in fact, any design that I have of these
units, I cannot tell if the orientation of bedroom to living room or
living room to living room is a factor or not. I believe the distances
are much too tight on the prime viewing sides of these units.
The workability of the plan presented, both economically and engi-
neering-wise, is most certainly possible. I feel a more important
questions is one of quality of life and what amenities are being
built in within close proximity to these units or the units themselves.
It is true that Edenvale has extensive open space trail systems and
significant public park dedications; however, I do not believe that that
concept is consistent with the concept of locating units that are not
able to stand on their own, in terms of desirability of site planning.
Proximity to larger open spaces does entitle the developers to develop
their residential areas at a higher density thin would normally be
allowed within a standard single family area. However, that higher
density must be done with an equal degree of sensitivity to the needs
of the individual_ Along that vein, there is a substantial need for
semi-personal open space adjacent to each of the units. If you will
remember in the Edenvale 6th Addition, the single family subdivision,
wa had asked that the developers because of the distance to open space
areas, should provide approximately 200-250 sq.ft. area for open field
game/child play space. This space was felt to he significant to have
a sandlot softball game or a game of tag or whatever for children, or
young adults of semi-active recreation. That was in a single family
subdivision of .5 lots. In dealing with the clustered or townhouse
areas, these areas are expected in any project. Granted, the scale of
the 30 unit clustered area clay not provide such a large space as would
be expected in an 80 acre subdivision. Ilowever, the availability of
such a apace near these residences is equally important.
The original subrn ission indicates an area defined with easement lines
as tot-lot, which is a triangle approximately 100 ft. by 110 ft. in scale
which would most certainly offer the tot-lot area. The recent letter
and sketch which you have received indicates that the tot-lot area
would be eliminated and a 10 ft. pedestrian oasement would be included
down the center, thereby eliminating that space and putting the private
yards to that walkway. With the small lots and extremely tight
configuration of this plat, I would not recommend the elimination of the
quasi-public space for recreational areas and, in fact, I would encourage
the enlargement of that space to fullfill the needs of those residents in
close proximity to their homes. As we know, the Idea of grouped open
j
f
idenvale 7th Addition
Page 5
space makes a great deal of sense if there are smaller open spaces
that are usable for informal activities near the units. The units then-
- selves provide the private, clustered patio space on the side yard _
between that and the other unit,which is an excellent private outdoor
room. However, the next scale space which is the small scale or
tot-lot open space area, will not be provided in the amended proposal.
The unit described on this plat and presented at the meeting with a water
color rendering appeared to be a rather attractive and well-designed unit.
However, since I have not received any floor plans, elevations, or
schematic diagrams of these units, I cannot comment on their relation-
ship to the site nor thsir relationship to each unit as proposed in the
plat. Likewise, Mr. Zachman's letter dated March 9, 1973, amending
the original submission asked that the homeowner's association for
the 30 unit cluster be eliminated and that function be taken over by
the Edenvale Association. This should have Harlan Perbix's opinion
on as well as the I:denvale's new council. The second amendment
offers that the original proposal for a double car garage would be amended
to include the single car garage and the double car garage as an option.
This v.;ould be acceptable to the Village if it is acceptable to Edenvale,
which requires in their single family and townhouse projects a two car
garag a space, if my understanding is correct. I believe the reasoning
that Mr. Zachman uses for the reduction from a two to one car garage,
which is "I don't anticipate that we would sell any houses with single
car garages; however, it does help in merchandising to quote the lower
price. " It does not seem like the most appropriate reason for elimination
of a two car garage merely to attract buyers with the lower price,which
they will through an option add on to. As a planning solution, this
would not be acceptable reasoning. However, the one car garage is
acceptable by the Village standards.
4. Recommendations:
A. Recommend the changes suggested by the Village IIgineering Depart-
m ent to conform with our standards for roadway easement and drainage
areas.
B. Recommend that a minimum distance between any two structures
fronting on other structures be no less than 130 ft. and should be
greater where possible.
C. That a tot-lot or open space area would be provided in the central
area if the project is approved and redesigned, that is,of usable
size for the functions intended.
Edenvale 7th Addition
Page 6
D. That units in lot 31 and 30 that front directly onto the Woodland
Drive have a back yard distance between road right-of-way and
structure much greater than 30 ft. as indicated.
E. That the two units that would front onto Woodhill Drive be
redesigned to utilize the interior street systems, or be used for
another purpose.
F. That the siting of any units that would require tree removal be
field staked so that significant tree species are preserved and
that units are movable to preserve major tree stands.
G. Recommend disapproval of the rezoning to RM 6.5 based upon the
Edenvale 7th Addition plat of 31 lots and the March 9, 1973,
amendments proposed by Zachman Homes for the reason mentioned
in the Staff Report and Engineering Report.
H. Recommend disapproval of the submitted preliminary plat for the
Edenvale 7th Addition of 30 lots proposed by Zachman Homes
based upon the Planning and Engineering Staff Reports.
DP
•
ZACI-IM.AN
Romps, he.
451.1394
3060 Upper 75th Street East
INVER GROVE HEIGHTS, MINNESOTA 55075
March 9, 1973
Mr. Richard Putnam
Director of Planning
Village of Eden Prairie
Dear Dick,
I had a meeting yesterday with Darryl Olson in charge of
Subdivisions For F.H.A., relative to our Edenvale 7th Addition.
In view of the fact that Edenvale already has a Homeowners
Association and does provide various amenities and a Pedestrian
Pathways System to their amenities, and that all homeowners
purchasing houses within the Edenvale 7th Addition will automatically
become a member; it is felt that a 2nd association, particularly
for such a small development would be cumbersome and somewhat
unnecessary.
It is Darryl's opinion and our desire to eliminate the proposed
tot lot and to simply provide an easement as shown on tine attached
sketch to allow each homeowner to get to the Pedestrian Pathway
System of the Edenvale Association.
We would also like to amend our proposal whereby we stated
that the basic price would include a double car garage to a single
car garage with the basic price, and the double car garage as an
option. I don't anticipate that we would sell any houses with single
car garages,however it does help in merchandising to quote the
lower price.
Sincerely Yours,
,Zachman Homes, Inc. /
.rf
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mes A. Zapi an
President
cc. Don Peterson
Edenvale Land Corp.
EDEN LAND CORP. 14500 Valley View Road-Eden Praha,Minn.55343-Tel 612/941-5300
March 16, 1973
Mr. Dick Putnam
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Dick:
Paul Jensen told me that you asked him about our opinion on Zachman's letter
regarding owners association and garages on Edenvale 7th Addition.
We feel that it is a reasonable proposal. We are satisfied that the exterior
appearance and layout of the development will be good and that this alternative
to townhouses at townhouse prices is needed and marketable. I think that the
elimination of private association charges is reasonable if covenants are cre-
ated which preserve the open area for everyones use. This allows the owners
the option of leaving the open easement unimproved,building tot lots, picnic
grounds, a swimming pool or whatever they desire. They can contract with the
Edenvale Association for maintenance if they so desire.
In reviewing the proposal for option of one car or two car garages we are satis-
fied that it is desirable- The large overhang which protects the entryway and
creates an attractive entrance will remain on the one car garage and enough
room will be left on the other side so it can be expanded to 2 cars. It will
be a 14 foot garage also. It is doubtful that many people will choose the one
czar garage but for the first home buyer which these units are pointed at the
one car garage and elimination of 2nd association fee may mean the difference
between qualifying and not qualifying. I feel that his covenants should re-
gaaire inside storage of recreational vehicles however and maintenance easements
for exterior maintenance of zero lot line side of homes.
We have cut our lot prices to the very bare minims to provide competitive
prices for this style of bowing consistent with our promise to attract a
full range of housing in Edenvale and are convinced that this project will
not detract from the neighborhood. With the threat of losing our Shelter
Mr. Dick Putnam
March 16, 1973
Page Two
project we feel that this project is needed and wanted and will provide what
Eden Prairie has stated that you want.
Yours truly,
EDEN LAND CORPORATION
Donald R. Peterson
President
DRP:blt
EDEN LAND CORP. 14500 Vdl View Road-Edon Prairie.Minn.55313-Tel 612/141.5300
March 7, 1973
Mr. Robert Heinrich
Village Manager
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Bob:
Eden Land Corporation bee a proposal before the planning conadssion for a
30 unit single family zero lot line subdivision in Edenvale. This proposal
has been heard by the planning commission at their meeting last night and
it is scheduled to be considered and a staff report and recommendation sub-
mitted at the March 20th planning caw lssion seating. The project will be
constructed as a joint venture by Raeder Development and Sin Rachman.
It is important that this project be acted upon as soon as possible because
arrangements are already being sada to have financing available for 3 models
which should be under construction in April in order to hit this construction
season. I as requesting that the project be placed on the agenda for the
March 27th council melting for public hearing. The only two property owners
within the effected area are Eden Land Corporation and Dick Hipp. No other
residents live closer than 1200 feet from the project and it is entirely in-
visible from outside of Edenvale. We hereby waive our right of notice for
public hearing and request that the hearing be held on March 27, 1973.
Yours truly,
EDEN LAND CORPORATION
Donald it.Petarsoa
President
Unhand I. ILipprf
DiP/EE11/bit
J :
tEDEN
LAND CORP. 14500 Valley View Road-Eden Prole,Minn.55343-TeL 612/941-5300
February 7, 1973 ^
Mr. Dick Putnam
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Dick:
Enclosed are 10 copies of the Reeder Lachman zero lot line POD book. We are
asking for rezoning to PM 6.5 and preliminary plat approval on layout.
Time is of essence on this project. They desire to be constructing 3 models
by April 1, 1973 with one month completion on those. I feel this project can
provide a style of housing which will directly satisfy the market and will be
good. We have obtained a commitment by Reeder Zachman for 100% landscaping
of entire project, 2 car attached or detached garage for every unit and ar—
chitectural approval on homes.
I am requesting the following schedule if at all possible:
Village council February 13th - request- setting hearing date for
February 27, 1973.
Planning commission February 20th - Planning report ready and intro-
duction and action on zoning and preliminary plat.
Village council February 27th - public hearing and action by council
on rezoning and preliminary plat.
Village council March 13th - final plat approval on plat.
I realize this is a very tight schedule but time is of essence on this particular
project. Reeder was ready to go a year ago and me lost his because our roads
were not ready.
Please contact Paul Jensen on this matter as I will be out of town until
February 22, 1973.
Yours truly,
EDEN LAND CORPORATION
Donald R. Peterson
(resident
DRP:blt
Enclosures
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3/6/73 Planning Commission Minutes
B. Edenvale 7th Addition, zero lot line homes proposed -by Reeder/
Zachman on a 6.8 acre parcel in Edenvale's northwest area.
14r. Don Peterson explained the plan for the site and fir. Zachman
•
showed the home design which will be geared toward first-home
families, fir. Peterson said, would be members of the Edenvale
home owners association; but, in addition to this, covenants for
this particular site would be written. The zero lot line detached
homes will be priced between $30,000 and $40,000.
Action Taken:
Investigation, report and recommendations were requested of the
Village Staff.
•
3/20/73 Planning Commission Minutes
C. Zachman Homes, Inc. clustered single family plat in Edenvale. Request _
rezoning to RH 6.5 and Preliminary Plat Approval for single family
homes. Staff Report.
Mr. Putnam showed the Comaission members varies uses of clusters and
voiced his opinion that the Reeder-Zachman concept did not incorporate
the best use for the site in question.
In response to a question from Mrs. Schee, Hr. Zachman said they
considered the proposed units as single detached townhouse with no
homeowners association. A house for the middle income famil v will
be provided.
Mr. Peterson addressed himself to the Engineering report recommendation
1 saying that if they were to comply a townhouse would be the only
type of unit which could be built; Staff report recommendation R
showing if the 130' distance were complied with, the only 3 rows of
townhouses would be buildable; Staff report recommendation E indicating
that if the units did not face 1!oodhill, they would not be usable;
therefore, incrPacinq the price of the other units in the development
by $500.
firs. Schee requested clarification of the douhle car/single car
garage option. Hr. Zachman explained the most people will buy a
double garage but the buyer should have the option. Space would
be provided to expand the oversized 14' single garage.
In answer to Hr. Sorensen's query regarding the recreational vehicles,
Hr. Zachman said that restrictive covenants would cover this storage
problem.
•
11r. Zachman in answer to Mrs. Meyers said that the homes could be
built on the lot line and that no fire wall would have to be built.
Homes would cost between $30,000 and $35,000-
11r. tlilliams of the Human Rights Commission said that they are
interested in providing hones for the $9-11,000 income range family.
Hr. Peterson felt that Edenvale has strived to make this kind of
housing available with the Zachman 1th addition being a good design.
Action Taken:
Mr. Sorensen made a motion recommending disapproval of the Edenvale
plat. Mr. Casey seconded. Motion carried unanimously.
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 211
NI ORDINANCE AMENDING ORDINANCE
NO. 41 AS AMENDED
;. The Counci
l of the Village of Eden Prairie hereby ordains:
t..
Section 1. Section 4 of Ordinance No. 41 is hereby amended to read as
follows:
(a) That the entire incorporated area of the Village of
Eden Prairie zoned Rural, Single-Family or Multi-Family
is hereby declared to be in and there is hereby established
a Fire District and said Fire District shall be known and
designated as Fire Zone No. 3.
(b) All areas within the Village zoned other than residential
as set forth in Paragraph (a) above are hereby declared to
be saidn and there is Fire District shallhereby
y established
be known and designated tascFi nd
re
Zone Pao. 2.
(c) The regulations to be applied to said zone are those j
included in the uniform building code 1970 addition,
Volume I, copyrighted in 1970 by the International
Conference of Building Officials.
First read at a regular meeting of the Council of the Village of
Eden Prairie this 13th day of February, 1973 and finally read, adopted
and ordered published at regular meeting n73 of the Council of said Village
on the 27th day of March ,
Paul R. Redpath, Mayor
ATTEST:
Edna M. Holmgren, Clerk -
•
.
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 212
AN ORDINANCE AMENDING ORDINANCE NO, 43
AND RELATING TO THE CONSTRUCTION, ALTERATION,
EXTENSION, REPAIR AND MAINTENANCE OF WELLS
The Council of the Village of Eden Prairie hereby ordains:
Section 1. Section 1, Subdivision 1 of Ordinance No. 43 is amended by
adding the following subparagraph:
F. Bond required for persons, firms or corporations engaged
in the construction, alteration, extension, repair and
maintenance of wells. The applicant shall file with his
application, a bond in the amount of$1,0O0.00. The
purpose of this bond is to assure that all work is done
according to State and local codes. The bond period shall
coincide with license period. Such bond shall be submitted
on the form on file in the office of the Village Clerk.
Copies thereof shall be available to all applicants without
charge. The surety thereon shall be a corporation duly
authorized to act in such a manner under the laws of the
State of Minnesota.
First read at a regular meeting of the Council of the Village of Eden
Prairie this 13th day of February, 1973 and finally read, adopted and ordered
published at a regular meeting of the Council of said Village on the 27th
day of March , 1973.
Paul R. Redpath,Mayor
ATTEST:
!dna N. Holmgren, Clerk
VILLAGE OE' EDEN PRAIRIE
1GNNCPIN COUNTY, MIENESOTA
RESOLUTION 1V0. 667 .—
A RESOLUTION REQUESTING THE MINE-
:. ESOTA STATE LEGISLATURE TO ADOPT
LEGISLATION AUTiiORIZING REIMIURSE-
KE T TO MUNICIPALITIES OF COSTS
I]ICIRtRED IN RELOCATING UTILITIES
Oil ALL STATE TRUNK HIGHWAYS.
WHEREAS, many municipalities in this state, including the
Village of Eden Prairie have utilities located in State Highways; and
WHEREAS, State Highways have been, and will continue to be up-
graded and changed, thereby making it necessary to relocate the util-
ities within the highway; and
WHEREAS, under the present Minnesota Statutes, municipalities
cannot be reimbnrned for the costs incurred in relocating such utilities,
except in connection with routes which are within the National System
of Interstate Highways; and
WHEREAS, the cost of relocating such utilities cannot usually be
assessed because the benefitted land owners were previously assessed for
the seine improvement, with the result that such costs must be paid out
of general finds of the municipality; and
WHEREAS, the cost of relocating such utilities should be placed
upon the users of the highways because such relocation is attributable
to highway construction for the benefit of highway users; and
WHEREAS, legislation is being introduced in the Minnesota State
Legislature authoraing reimbursement to municipalities of costs incurred
in relocating utilities on all state trunk highways and not just those 1
highways within the National System of Interstate Highways;
NOW, THEREFORE, IdE IT RESOLVED that the Village Council of the
Village of Eden Prairie does hereby support, and urges prompt adoption
of the Minnesota. Legislature, of legislation authorizing reimbursement
to municipalities of costs incurred in relocating utilities on all state
trunk highways.
ADOPTED by the Council of Village of Eden Prairie this 27th day of
March, 1973.
Paul R. Redpath, Mayor
ATTEST:
SEAL
Edna kd, lIolmngren
•
VILLAGE OF BEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO. 670
A RESOLUTION REQDESTING HENNEPIN
COUNTY HIGHWAY DEPARTMENT TO REDUCE
SPEED ON COUNTY ROAD . •
WHEREAS, the temporary Hennepin County Branch Library
is complete and operating, and
• WHEREAS, Round Lake Park has continually increased
•
children and adult recreational activity, and
WHEREAS, the present speed limit on. County Road . is •
presently 50 miles per hour along these facilities constituting
a serious safety hazard to pedestrians, cyclists and drivers of
automobiles using these facilities.
IT IS THEREFORE RESOLVED, that the State of Minnesota
and the Hennepin County Highway Department be petitioned to
reduce the speed limit from 50 miles per hour to .0 miles per
hour and to install a warning light at the intersection of County
Road#4 and Valley View Road.
ADOPTED by the Council of the Village of Eden Prairie
on March 27, 1973.
Pau.7.R. Redpath, Mayor
ATTEST: •
SEAT,
Edna N. Holsngren, Clerk
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINIVESOTA
RESOLUTION NO. 671
A RESOLUTION STATEIG MAT THE
VILLAGE OF EDEN PRAIRIE WILL
PROVIDE UTILITIES AND ROAD
IMPROVEMENTS FOR THE HOMART
SHOPPING CENTER
WHEREAS, the Homart Development Company has satisfactorily
completed Village requirements to date regarding zoning for the
regional chopping center and,
WHEREAS, the Village of Eden Prairie has established a
Major Center Task Force to study the land use, environmental,
transportation and fiscal considerations of a Major Center, and
the results of this study shall be available by the first of May,
1973 and,
WHEREAS, the Village of Eden Prairie has retained the
•
services of a consultant engineer to complete preliminary design
and recommend allocation of the costs of the Ring Route Improvement
by the first of May, and,
WHEREAS, the Village of Eden Prairie has petitioned the
State Highway Department to schedule various improvements of the
State Righway System to serve this center and other regional
facilities in the area.
THEREFORE BE IT RESOLVED, that the Village of Eden Prairie
is committed to providing required utilities and road improvements
to the site to meet the August, 1975 center opening and shall act
officially and finally upon such commitment as soon as possible and
upon review of related matters mentioned above.
ADOrTEa by the Council of the Village of Eden Prairie on
March 27, 1973.
Paul R. Redpath, Mayor
ATTEST:
SEAL
Edna M. Holmgren, Clerk
II
VILLAGE OF EDEN PRAIRIE
H.EN Th PIN COUNTY, MINNESOTA
RESOLUTION NO. 672
A RESOLUTION APPROVING SALARY
INCREASE FOR VILLAGE MANAGER •
BE IT RESOLVED, by the Council of the Village or
Eden Prairie that; •
the compensation of the Village Manager will be
increased in the amount of $75 per month upon review of his
performance after a period of six months according to the
original hiring agreement.
ADOPTED by the Council of the Village of Eden Prairie
1
on idarch 27, 1973.
1
Paul R. Redpath,Mayor
AL'i�ST:
SEAL
Edna M. Holmgren, Clerk
•
•
a
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13
Date: March 23, 1973
To: Mayor and Village Council •
From: Marty Jessen, Director of Park and Recreation —
Thru: Robert P. Heinrich, Village Manager
Subject: Recommended Purchase of Pavel ka Property Adjacent to
Prairie View School For Park Purposes.
Location: Adjacent to and West of Prairie View School.
Area: 7.5 Acres.
Owner: Francis and Delores Pavelka
Zon i ng i Rural
Proposed Use: Neighborhood Schooi/Park
Appraised Value: $22,500 plus special assessments.
Value for Tax Purposes: $30,000 1972 value (latest value avaiiable)
Recommended Action:
Purchase of the 7.5 Acres for $22,500 cash to the seller. The seller
will pay 1973 taxes due on the property - the Village will assume
the special assessments due totaling $2,638.15. The seller has
signed a purchase agreement reflecting these terms.
Comments:
The 1968 Bond Issue included the acqui sition of land adjacent to
Prairie View School for a neighborhood playground. This is the
only commitment from the Bond Issue not presently being met.
ti
.
DIVISION OF
f, •
'11 ` d• :
•
A. At1 `
D. H. Gustafson and Associates Incorporated
Land Planning,Development and Construct ion
March 15, 1973
The Honorable Mayor & Village Counci 1
Village of Eden Prairie
8950 Eden Pra i rie Road
Eden Prairie, Minnesota 55343
Re: St. John's Wood - Storm Sewer Extension
Gentlemen: •
In connection with our development at St. John's Wood (patio 1
borne residential subdivision) located in Section 3, Eden
Prairie, we herewith request and petition for the extension
of storm sewer faci I i ties to this development in'accordance
wi th the over-all Village storm drainage plan.
Development plans for St. John's Wood, II Addition, are near
ing completion and will be presented to the Village for
review and action within 30 days.
If we can provide any information to the Council or the
Vi llage staff prior to that time, do not hesitate to con-
tact us.
Thank you for your consideration of this matter.
Yours very truly,
Dan H. Gustafson
President
DHG/le
Suite 650 Southgn Defier Plaza/5001 Vest 78th Strert/Bbotaaington,..Minneuota$5137/ei2- 3i77b2
WE THE UNDERSIGNED, HERE BY PETITION THE COUNCIL OF THE VILLIAGE
OF EDEN PRAIRIE TO UNDER TAKE A FEASIEILITY STUDY AND A PUBLIC
HEARING FOR THE PURPOSE OF DETERMINING THE COST OF PAVING THE
SOUTHERN PORTION OF BAR BERRY LANE, SOUTH OF DUCK LAKE Ti1AIL, PADON3
DRIVE, AND PETERBORG DRIVE, IN CONJUNCTION WITH THE RESURFACING OF
THE OTHER AREAS WHICH RECENTLY RECEIVED SEWER AND WATER,
V .. \M & v,Q
A ,-2, f1 it •CC'-been
iZ ;4'-'11tr*
kr2Z-geCj
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AiC:::,L Cr;: 1072
• 31-;:UARY 29, 1973
• nt. :!e L•ad our
1Yiispast year 4ls t;" C;i oneforOli " i.dli:.' .
first fire deaths this year, one was ir. a douse fire and two
wore is plane c'u es. This y:' o:. total alar;:s were up by
•
105 culls, our fire loss was up~by $8,303.00.
• In 1971 we had 122 total alarms
1972 there were 228 total alar,;s
1971 we had l Public L''idg.
1972 there were Public Bldg.
1971 we had 13 Residential •
1972 we had 23 Residential
•
1971 there were 6 out bld:::;. fires
1972 there were 11 out bldg. fires I
1971 we had 30 brass fires
1972 we had 35 grass fires
es
1971 there were a total of 27 radical Erercenci es
1072 there were a total of 78 radical Emergencies
1971 we ware called for 2 plane crashes •
1972 we were called for 7 plane crashes
1971 our fire loss was $l011,700.00
•
1972 our fire loss was $113,500.00 I
' 1071 cur total trainirt• man hours spent was 1,723
1972 our total training .:an hours spent was 2,242.5
1972 we spent 6G':.5 men hours oa work detail and equiip ent
ch_c k and repairs. ' 2,'45
7?. our total ,curs sp.:.:t wor;.:i.;g cr. fif: De!)t.
1971' the total r➢ari !lo::;"S 56::r.c a•:: utill'l:iwms 1,IJ�.iU
•
1572 'chi: total ;lien hours s•p::it at a.ua'::S was 2,336.15
1671 the total Fire L raurs in sarvice was 9.3.03
1972 the iota. Fire Dar,st. hour., ..1 e rvic.: was .C5.23 •
pic'..::c1 u7 this ,,.__,.'s i.::::' we c 1 :i:
•
ca .,erred to 31 a ye,_.- ,a. a.:a i•a;wo Ca leach '.0 ir,mbers •
•
,.aa,dd at. d� e},10 men fa.- .973.that
Thas }10 l;camau d he '
U an add a .a: ^ � ..
ry 'an fd mould nat,r i i caip•:iJOtio.i. Wise, • <:.
�� i�Ju iCf".
y a
should increase our Fire D � rtaena to CO regular fire en and
.3 ,are probationary to aid us on th a,,:al+i.i. of calls ghat we sleulL
anticipate.
re:uue and first aid. calls 1w:e
C;:a• fire calls havei.1C'�.:SEd be,our ,
; a substantial climb and for these reasons I Teel we shod a:.d
1.er' men to help us in providing nrarc:ction to the Village. .iith the
1 Ii1% or.:ar,ized Police Force is the Tillage, it will n:aha our war::
•
'little easier as we will have better assistance to guide us to the
;titter'arty ar.d also they can help us at the scene. This we have already
noticed since the 1st of the year and we really appreciate it.
-j.
• ;;•L;
nold co;a a
('(,.:ulj not be a;)1 c ta
1:311d %;&at.
They car also usa i;(;use Sa.Surday drills as a
from a Trhasday night cr(eatir.c,.. i Pal•,a‘..e.: this tvill ivorx out
ar,d 1 al so give our cepartmant ie. better balance in trainihs.
This yaar'..:11 he a very difficult ona fO:" :1;.; ca our operating bodlget
cut vary su:istantial. increzaad a lot frox, las a
ya(nA also cur alanns have increased and we: have ddad core •(..ea.
I as ;.o,.:ing that in th.a next few yo..:.rsahi n prove sc .tnat
can ao least purchase soma o.? the natessa.e.ry fire fighting aquipment taco
w, need.
1:ithin the next fen I will bc., spacifications f:i.• a rue:
12:l0 iashipar for your approval. I sincerely ;:apa you will approve
twan and place t:lis o,uub r.aaded pa:a or' aciJi,a(aant out for bio so
that we. can award it as soon as onssible. This piece of equipt:ent
tubes 15 months to build and deliver. Tr.a ''cd'oal cost of this trtaX
ready for use including hose and all the filling will cost beb:ieun
45 and S50,000.00.
In the past several v;;naks I have boar. 1-,r. 3Y.1 Yzeri,
fray -one insurance Services Office, in our conversation v..e
ehe reed for cram psaping capacity. It raccl....7.urxIation chst
ire have more pumporsUt ttat t;c., Lc think-".ng about gotti.a.
anoa(,.er crash in the roar future wnia:1 :r.azas tnat we will be no...al:1g
a total of three para. of should cc ire:'
true: nant yea.'..cc 1,s rid in 1975. Ea also
ataaaa that we s:iould be lathing to or. aerial 1,1dder
sta-Oicr: f.er 197t:. tlr pi-,•sent tima I au (Icir.c;
ao, :-.,;;;;;;
u 3 . ' or .,'Ck4 -ohs:
sue the statioI. In c,:•,1:::r to Rasing Cus
1:ave :tact
yaara rd. taciing Itrger 3;".
02
•
p;;..-.s for
d Ovaali:s ;;;),.:! as alr..t.,ay are a year ban',no :.-:
(I- i.9 L.1c: al.d also Lt.! •
1caCj(ii r.c.; ch;
-• --t
ty).1 a:' the sloppy
MI ',0ii1C: a ,any Town louses cea
's have 113 0 i I Ui Sk..,0• route. ..O ,
• at
as; fanvIly awail:ngs. tut Cr:atabout when they tare
pona((..:ed by one parson and than ror.ud out as is often the case.
. ,
• s s . ,• ': . s s, _
we add F:ra
.%•. •,iired in exit o.• .
thy 'neva to w..1!. dcnin a sta.;rudy or a ion: hall t:ay.
:lava. a town house deve-:or..se.it tnet Lye a fire and s'nculd.
• it gat out of hand, our fire equixsent could 'ea in very
For an., si:aple there z or.ly Gila entrance
exly. thchmeans shad the fire b:;.c:r. off our exit crr •:f tne
fire as at acid entrance weau ;luxe a d-Ifficult -ZiT3e with this
These and any otI-zer itcans should be v:atched very
care:=u1 iy.
Ile purchased cameras ar.d movie equip:sent this past yaar with tile
r.dn4y thnt we made at the?ar.zaka Srea'..fast and Ca..c..a. This
iqui2.nent has bean very us z-,•fu".i on us as t,ie have ta!:en many pictures
of fire and emergency saenes. With -;:.;:e proceeds fren this yaarc
activities, we plan to purchase a power chain saw aid other ralassed
equipment for the station.
In closing, I want to thank you and eob Eeinrich for the fine
c.aaperadion you have given tn..-e Fire Dapartnsent. It has been
olc.asure working with both th:a Council and the tr.aciar. In lco;;'....1:
baci:, we have come a oa way r.just a fi yaars. I thin:: it
a real tribute to the cc:mmity far the fine support they have givaa
us. lie are not at the tap but wu are cliraSIng.
ufly
Ede:: 2rairie
_ _
To: Village Council
Thru: Robert P. Heinrich, Village Manager
From: John D. Frane. Finance Director
RE: LOGIS - Local Government Information System
Background:
In June of 1972, 12 governmental units entered into a joint power
agreement for the purpose of developing an integrated Municipal Infor-
mation Sunnyvale,. The California.�Thistsynstem was deve was and is l pediby Sunnyval in the e y
and its consultant OSI, Corp.
OSI, Corp. has, subsequent to the implementation of the Sunnyvale
operation, sucessfully installed a similar system in 7 other communities.
Progress to Date:
The first task to face our organization was to collect data on the
present operational systems of our 12 communities. The study determined
the needs of each municipality and identified the areas of difference
in the procedural methods of the municipalities.
These differences were then analyzed and agreement was reached among
the participants as to which parts of our present systems and procedures
would be incorporated into the LOGIS system. O.S.I. was then contacted
to see if our model would fit their system. To date all indications
from OSI are that our model will fit their system.
What's Next
A set of detailed specifications is being developed for the LOGIS
organization. These specifications will be published and competitive
bids will be solicited for both the computer or computer service and
the operating system (programs and procedures). D.S.I., because of
ithead
supplier. The computer ld of avendor ted ncould lbe any of systems wthe larger
ill ly
computer companies.
One of the LOGIS municipalities will begin using the OSI system for
payroll about the middle of this year on a pilot basis. We will
then begin training personnel in the use of the system.
After bids are received, evaluated and contracts for computers and
pystiemos
e automatd eapayroll,lutilitycbh illingiandigenerall ledgen rs
procedures as rapidly as it is able.
JDF:mn
. � I
PERBIX, HARVEY &SIMONS, P.A.
ATTORNEYS AT LAW
P.O. BOX 100
17 TENTH AVENUE SOUTH
HOPKINS,MINNESOTA 6e343
TELEHIONE 035.44ee
W.HMLAN Passim
HOWARD E.HARVEY I_
March 16, 1973 KOTH E.SIMON.
LORRAINE TEELOW
LBALAssuiTANT
Mr. Robert Heinrich, Village Manager
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Re: Crestwood Terrace
Dear Mr. Heinrich:
On March 1 you asked me to give you an opinion of the Subdivision Ordinance
with respect to the plat of Crestwood Terrace. You also included with your
request a letter of Mr. Dorenkemper dated February 27 wherein he indicates
that he cannot get a final plat but requests permission to issue building
permits on meets and bounds descriptions, apparently having in mind to refer
to specific lots on the approved and existing preliminary plat of Maplewood
Park Estates. Since receiving your request and hie letter, I have been
handed a letter by Mr. Dorenkemper dated March 13 so I am aware of its
contents.
I am given to understand that the preliminary plat of Maplewood Park Estates
was given preliminary approval. However, I call your attention to Ordinance
No. 93 as amended, and more specifically by Ordinance No. 124, Section 3,
wherein it is required 11 . . . before subdividing any tract of land, the
subdivider shall submit a preliminary plat of the subdivision for the approval
of the Planning Comaission and Village Council in the following manner:"
From that point on, the procedure seems quite clear. •
Section 8 (1) of the same ordinance provides that if the final plat is not
submitted within six (6) months of the approval of the preliminary plat or
extension granted, the preliminary approval is void. It seems to me that
unless his request falls in one of the hardship categories (Section 13(3)0,
neither the staff, Planning Commission or Council, unless they choose to
amend some ordinances, can proceed under the basis of his letter dated
February 27.
er ruly yours,
W. Harlan Perbix
Attorney for the
Village of Eden Prairie
WHP/a
3
VILLAGE OF EDEN PRAIRIE
IENITEPIN COUNTY, MI NESOTA
RESOLUTION NO. 674
A RESOLUTION APPROVING FINAL PLAT
OF VALLEY KNOLLS ADDITION
WHEREAS, the plat of Valley Knolls Addition hes been submitted
in the manner required for platting of land under the Eden Prairie
Ordinance Code and under Chapter 462 of the Minnesota.Statutes and all
proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the
Village plan and the regulations and requirements of the laws of the
State of Minnesota and ordinances of the Village of Eden Prairie
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF EDEN PRAIRIE:
A. Plat Approval Request for Valley Knolls Addition. is approved
upon compliance with the following requirements:
1. Execution of the Developer's Agreement to be prepared
by the Village Engineer.
• 2. Receipt of a performance bond from the developer in
the amount of$110,000.00.
B. That the Village Clerk is hereby directed to file a certified
copy of this Resolution in the office of the Register of
Deeds and/or Registrar of Titles for their' use as required
by- IBA 4-62.358, Subd. 3.
C. That the Village Clerk is hereby directed to supply a certified
copy of this Resolution the the owners an& subdividers of the
above named plat.
D. That the Mayor and Village Manager are hereby authorized to
execute the certificate of approval on behalf of the Village
Council upon compliance with the foregoing provisions.
ADOPTED by the Council of the Village of Eden Prairie on the 27th
day of March, 1973.
ATTEST: Paul R. Redpath, Mayor
SEAL
Edna M. Holmgren, Clerk
y .
VILLAGE OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor and Village Council
FROM: Village Engineer
THROUGH: Village Manager `-
DATE: March 21, 1973
SUBJECT: VALLEY KNOLLS ADDITION - report on final plat.
PROPOSAL: The owners, Bru—Mar Construction Co. are requesting
Village Council approval of the final plat of VALLEY
KNOLLS ADDITION located between Barberry Lane and
Duck Lake Road from W. 66th St. to Duck Lake Trail.
This is a single family residential plat.
HISTORY: The
diby the Village Counclat of il onlls Addn.Septemberwas
12, 1972.
Since municipal sewer and water would not be available
to the lots abutting Duck Lake Road, the Village Council
has required that the developer agree that said lots
abutting Duck Lake Road would not be sold or built upon
until the necessary utilities were ordered by the Village
Council.
To accomplish this, we have now required the developer
to plat those areas abutting Duck Lake Road as large
single lots which can be further subdivided, probably
by the waiver process at such future time when utilities
become available.
In all other respects the final plat conforms to the
• approved preliminary plat.
VARIANCES: will are arequired foreapprovalbof Vthis platrdinances
UTILITIES: Municipal sanitary sewer and watermains will be available
to all lots except the "outlots" abutting Duck Lake Road.
PARK DEDICATION:
Outlot 3 will be dedicated to the Village in fulfillment
nts
aof gainstpark said out otion willebe paid t. All infull byetheldeveloper.
BONDING: A performance bond will be required from the developer,
computed as follows:
Engineering Report - Valley Knolls Addn.
Page 2
Description of Improvement Location Estimated Cost
1. Lateral water and sewer, concrete Barberry Cir. $ 25,604 .—
curb and gutter and bituminous
surfacing
2. Lateral water and sewer, concrete W. 67th St. Cir. 17,960
curb and gutter and bituminous
surfacing
3. Lateral water and sewer, concrete W. 66th St. Cir. 31,167
curb and gutter and bituminous
surfacing
4. Concrete curb and gutter and Barberry Lane 4,798
bituminous pitching
5. Concrete curb and gutter and Duck Lake Trail 2,520
bituminous pitching
6. Four foot wide concrete North side of Duck 9,420
sidewalk Lake Trail - West
of Duck Lake Road
$ 91,469
7. P1 us 20% 18,294
$ 109,763
Total amount to be bonded $ 110,006
RECOMMENDATION:
Recommend approval of VALLEY KNOLLS ADDITION final plat subject to
the following:
A. Execution of the Developer's Agreement to be prepared by the
Village Engineer.
B. Receipt of a performance bond from the Developer in the amount
of $110,000. 49)4
�Respecnitted,
Carl J. Jullie P.E.
Village Engineer
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• VILLAGE OF EDEN PRAIRIE
IENNEPIN COtJ TY, MIN ESOTA
RESOLUTION NO. 675
A RESOLUTION APPROVING FINAL PLAT
OF HIGH POINT 21sID ADDITION
IrTiEREAS, the plat of high Point 2nd Addition has been submitted
in the manner required for platting of land under the Eden Prairie
Ordinance Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder, and
IIIIEREAS, said plat is in all respects consistent with the Village
plan and the regulations and requirements of the laws of the State of
Minnesota and ordinances of the Village of Eden Prairie,
VOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF EMT PRAIRIE:
A. Plat Approval Request for High Point 2nd Addition is approved
upon compliance with the following requirements:
1. Execution of the Developer's Agreement to be prepared by
the Village Engineer.
2. Receipt of a performance bond from the developer in the •
amount of$38,000.00.
B. That the Village Clerk is hereby directed to file a certified
copy of this Resolution in the office of the Register of
Deeds and/or Registrar of Titles for their use as required
by NSA 462.358, Subd. 3.
C. That the Village Clerk is hereby directed to supply a certified
copy of this Resolution to the owners and subdividers of the
above named plat.
D. That the Mayor and Village Manager are hereby authorized to
execute the certificate of approval on behalf of the Village
Council upon compliance with the foregoing provisions.
ADOPTED by the Council of the Village of Eden Prairie on the 27th
day of lurch,
ArrEST: Paul R. Redpath, Mayor
SEAL
Edna M. Fiolmgren, Clerk
(/)/,
1 '
i r.t
VILLAGE OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor and Village Council
FROM: Village Engineer
THROUGH: Village Manager
DATE: March 21, 1973
SUBJECT: HIGH POINT 2nd ADDITION -Report on final plat.
PROPOSAL: The owners, Carter & Gertz, Inc. and Minneapolis Gas
Co. are requesting Village Council approval of the
final plat of HIGH POINT 2nd ADDITION. This is a
single family residential plat (R.M. 6.5) located at
E-W Parkway and Neill Lake Road.
HISTORY: The preliminary plat of High Point 2nd Addition was
approved by the Village Council on October 10, 1972.
The final plat submitted for approval conforms to the
preliminary plat except as follows:
1. A ten foot wide easement will be provided for
possible future looping of the watermain between the
two cul-de-sacs.
2. The pathway easements along the conmon back line
of lots 5, 6, 7, 8, 9 and 1D has been deleted because
it would not provide continuity with other pathways in
the area. The Village Planner agrees with this deletion.
In all other respects, the final plat conforms to the
approved preliminary plat.
VARIANCES: No variances from applicable Village Ordinances will
be required for approval of this plat.
UTILITIES AND STREETS:
Municipal sanitary sewer,watermain and storm sewer
will be available to all lots together with concrete
curb and gutter and bituminous surfacing.
PARK DEDICATION:
There will be no land dedication for park purposes
within the limits of thi s plat. High Point 2nd Addition
is within the Preserve P.U.D. and there are current
negotiations with the Preserve owners concerning park
dedication requirements for the entire P.U.D. area per
the Village Park & Recreation Director.
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Engineering Report - High Point 2nd Addition
Page 2
BONDING: A performance bond will be required from the Developer,
computed as follows:
Description of Improvement Location Estimated Cost
1. Sanitary Sewer Laterals As shown on $ 12,420
revised Util ities
Plan dated 12/22/71
2. Watermain Laterals As shown on 8,855
revised Utilities
Plan dated 12/22/71
3. Concrete curb and gutter and Neill Lake Road from 9,840
bituminous surfacing E-W Parkway to 145 ft.
southeast of Woodwatch
Circl e
4. Four foot wide bituminous Along the easterly side 240
sidewalk of Neill Lake Road from
275' southerly of Wood-
watch Circle to approx-
imately 150' northerly
of Forestview Circle •
$ 31,355
5. Plus 20% 6 266
$ 37,621
Total amount to be bonded $ 38,000
RECOMMENDATION:
Recommend approval of HIGH POINT 2nd ADDITION final plat subject
to the following:
A. Execution of the Developer's Agreement to be prepared by the
Village Engineer.
B. Receipt of a performance bond from the Developer in the amount
of $38,OOO.
Reespecatfu y /submitted,
Carl J. Jullie, P.E.
Village Engineer
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VILLAGE OF EDEN: P? ,IE
HEN NEPIN COUNTY, :=ESOTA
RESOLUTION NO. 675
A RESOLUTION APPROVII G PT z+S AND SPEC- _
IFICATTIONS, COMBINING PROJECTS FOR BIDDING
AND ORDERING ADVERTISE•_NTT FOR BIDS
i•HEREAS, pursuant to resolutions passed by the Council, the
Village Engineer through Black &Veatch, Inc., Consulting Engineers
prepared plans and specifications for the following improvements:
Improvement Contract No. 5l-248
Project: WTR 72-8-23
16" Water Trunk Main Along U.S. 169-212
from E-W Parkway to 78th Street and Along
T.H.5 from County Road. 4 to Heritage Road;
and
Prof ect: NCR 72-8-24
12" Water Lateral Main Along W. 78th Street •
from U.S. 169-212 to Approx aately 2300,yet
West.
•
and has presented such plans and specifications to the Council for
approval;
NOW, THEREFORE, BE IT RESOLVED i? lBt VILLAGE COUNCIL OF THE
VILLAGE OF IDEN PRAIRT:
1. Such plans and specifications, a copy- of which is attached
hereto and made a part hereof, are hereby approved.
2. That the improvements heretofore mentioned are similar and
it is deemed advisable to combine said projects into one
iraprovnent and to call for bids combining the projects.
3. The Village Clerk shall prepare and cause to be inserted
in the official paper and in the Construction Bulletin an
advertisement for bids upon the raking of such improvement
under such approved plans end specifications. The adver-
tisement shall be published as required by law, shall spec-
ify the work to be done, shall state that bids shall be
opened at 11:00 o'clock A.11. on Friday, April 20, 1973,
and considered by the Council at 7:30 o'clock P.M. on
Tuesday, April 24, 1973 in the Council Chambers of the
Village Hall, and that no bids will be considered unless
sealed and filed with the Clerk and accompanied by a
cash deposit,cashier's check, bid bond or certified check
payable to the Clerk for not less than (percent) of the
amount of such bid.
ADOPTED by the Council of the Village of Eden Prairie on Marcia TY
27, 1973.
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ATTEST: P R. Redpath,Mayor
aul
rts+d.
VILLAGE OF EDEN PRAIRIE
HENEPIN COUNTY, MER ESOTA
RESOLUTION NO. 677
A RESOLUTION REQLESTING THE iffNN-
ESOTA HIGHWAY DEPARTIENT TO MEND
COOPERATIVE AGREEI ENT NO. 56449
BE IT RESOLVED, BY THE VILLAGE COUNCIL OF THE VILLAGE OF
EDEN PRAIRIE:
That the Minnesota Highway Department is herein requested
to amend Cooperative Agreement No. 56449 to provide for reimbur-
sable maintenance for,the traffic signals at T.H.45 and County Road
#4 in the Village of Eden Prairie. Said maintenance shall mean
relamping, cleaning and painting of the signals. The maintenance
work shall be completed by the Highway Department upon request of
the Eden Prairie Village Engineer. The Village of Eden Prairie
will make prompt payment to the Highway Department upon receipt of
billing for the usual cost of labor, equipment and materials required •
for said maintenance.
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ADOPTED by the Council of the Village of Eden Prairie this 2?th
day of March, 1973.
ATTEST: Paul R. Redpath, Mayor
SEAL
Edna Id. Holmgren, Clerk
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VILLAGE OF EDE,I PRAIRIE
ImtzrEPIN COUNTY, ba11NESOTA
RMSOLUTIOI� 110. 678
A RESOLUTION APPRO./TM PLANS AND
SPECIFICATIONS, CO:anatz PROJECTS
FOR BIDDING ARID ORDERING ADVERTISEIENT
FOR BIDS
MEEREAS, pursuant to resolutions passed by the Council on
arch 13, 1973, the Village Engineer through Brauer& Associates,
Consulting Engineers prepared plans and specifications for the
following improvements:
Improvement Contract No. 51-247
Project: WTR 72-8-21
Construction of trunk watermein in Scenic Heights Road front
Mitchell Road west to Hiawatha Avenue.
Project: 0LZC 72-9-17
Construction of Atherton Road including necessary water and
storm sewer lines from Mitchell Road easterly to the proposed
East-West Parkway.
Project: STR 72-3-20
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 i'itchel.l Road south
to the south line of Section 15.
and has presented such plans and specifications to the Council for
approval:
NOS1, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF EDEN PRAIRIE:
1. Such plans and. specifications, a copy of which is attached
hereto and made a part hereof, are hereby approved.
2. That the improvements heretofore mentioned are similar and
it is deemed advisable to combine said projects into one
improvement and to call for bids combining the projects.
3. The Village Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the massing of such improvement
under such approved plans and specifications. The adver-
tisement shall be published as required by law, shall spec-
ify the work to be done, shall state that bids shall be
opened at 11:00 o'clock A.H. on Thursday, April 19, 1973,
and considered by the Council at 7:30 o'clock P.M. on
Tuesday, April 24, 1973, in the Council Chambers of
the Village Hal]., and that no bids will Re considered un-
less sealed and filed with the Clerk and accompanied by
a cash deposit, cashier's check, hid bond or certified check
payable to the Clerk for not less than 5%of the amount of
such bid.
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ADOPTED by the Council of the Village of Eden Prairie this 27th
day of parch, 1973.
ATTEST: s
Clerk Paul L Redaath. Maurer
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VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, IdIIRMSOPA
RESOLUTION NO. 6'ki
A RESOLUTION AUTHORIZING THE
MAYOR AND VILLAGE MANAGER TO
SIGN AN AGREEMENT WITH KELLY
AND BROWN FOR EASEMENT ACQUISITION
BE IT RESOLVED, BY TEE VILLAGE COUNCIL OF THE VILLAGE OF
EDEN PRAIRIE:
That the Mayor and Village Manager are herein authorized
to enter into an agreement with Mr. Paul Kelly and his associate
Mr. Brown for acquisition of an easement for sanitary sewer pur-
poses over certain lands in Section 3, Township 116, Range 22 under
Project SAN 72-1-12.
ADOPTED by the Council of the Village of Eden Prairie this
•
27th day of March, 1973.
Paul R. Redpath, Mayor
ATTEST:
SEAL
Edna M. Holmgren, Clerk
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March 22, 1973
MEMO
TO: Mayor and Members of Village Council
FROM: Marty Jessen, Director of Parks and Recreation
THRU: Robert P. Heinrich, Village Manager
SUBJECT: PURGATORY CREEK PARK PLANNING
Two proposals have been solicited for the park planning work along
Purgatory Creek: one from Brauer& Associates, and the other from
Peter W. Klose, Land Architect. Both proposals are based on the three
part planning process as we outlined in a memo to you dated 2/23/73.
These three parts of the plan are management planning, recreational
planning, and interpretive planning.
In talking with the firms that have made proposals on this study, it
became obvious that the Village needed to have available some well
based data so that the subsequent planning work would be w together
on f act
rather than assumption. In line with this thinking, we have put
a proposal for the two foot contour mapping of all lands along Purgatory.
Creek for which the Village does not now have contour maps. In doing
this, we have arbitrarily gone to some boundaries that extend some distance
from the creek but tend to follow property lines. The basis for this is the
then-availability of these maps for sale to developers as the lands along
the creek are subject to development pressure. The total acreage involved
in the contour mapping process is 2, 114� acres and the cost per acre is
$5.40 making the total cost$11,500±for mapping of those lands along
Purgatory Creek for which the Village does not presently have contour maps.
The two proposals which have been submitted for this project are quite
different in character. One, submitted by Peter W. Klose, Land Architect,
is based on a"one man" operation. The other proposal, submitted by
Brauer& Associates, is based on a five man team approach to this problem.
Their team consists of landscape architects and designers, an engineer
and hydrologist, and a natural resource specialist and manager. In light of
the complexity of this problem, the need for some detailed land planning
work, and the need for some conceptual land use planning adjacent to the
creekway, it seems to me that the team approach is the one that we should
pursue. This approach will insure integrated planning and I feel will produce
a product that will be of great utility to the Village of Eden Prairie in overall
master planning of those lands in Eden Prairie along the creek and will have
specific application for those development proposals that are presently
pending along the creek and those that will come in in the future.
Purgatory Creek Park Planning
March 22, 1973
Page 2
The fees for the two proposals are: $14,880 for Peter W. Klose, and
$12,500 for the Brauer &Associates proposal. Both are based on the
provision of two foot contour maps at a scale of 1" equals 100'. Also,
both are predicated on the assumption that the Village will work very
closely with the consultant in writing the program for the planning
process and also in the planning process itself.
The Riley-Purgatory Creek Watershed District Board of Managers has not
as of this time made any commitment to funding this project in excess of
the $5,000 commitment that they made some time ago. Indications are
that they would consider an additional amount equal to one-half of the
• planning consultant fees for this project. The Village would have to
provide the base map work in the amount of$11,500. The primary
use of the two foot contour maps will be to assist in proper design and
planning of utilities. It is recommended that the cost of the mapping be
temporarily paid out of the sewer and water operating fund. Reimbursement I
to the operating fund will occur as new development planning occurs.
The Finance Director will implement the mechanics of this transfer
of funds.
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LABOR AGREEMENT
BETWEEN
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THE VILLAGE OF EDEN PRAIRIE
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49, AFL-CIO
ARTICLE I PURPOSE OF AGREEMENT
Thie AGREEMENT is entered into between the Village of Eden Prairie,
hereinafter called EMPLOYER, and Local No. 49, International Union of Operating
Engineers, hereinafter called the UNION. The intent and purpose of this
AGREEMENT is to:
1.1 Establish certain hours, wages and other conditions of employment;•
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and/or application;
1.3 Specify the full and complete understanding of the parties;and
1.4 Place in written form the parties' agreement upon terms and conditions
of employment for the duration of the AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their
dedication to the highest quality of public service. Both parties recognize this
AGREEMENT as a pledge of this dedication.
ARTICLE It RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative
under Minnesota Statutes, Section 179.71., Subd. 3 in an appropriate bargaining
unit consisting of the following Job classifications: Public Works Maintenance
Man.
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ARTICLE III UNION SECURITY
In recognition of the UNION as the exclusive representative, the
EMPLOYER shall:
3.1 Deduct each payroll period an amount sufficient to provide the pay-
ment of dues established by the UNION from the wages of all
employees authorizing in writing such deduction, and
3.2 Remit such deduction to the appropriate designated officer of the
UNION.
3.3 The UNION may designate certain employees from the bargainirg
unit to act as stewards and shall inform the EMPLOYER in writing
of such choice.
3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless
against any and all claims, suits, orders, or judgments brought or-
issued against the Village as a result of any action taken or not
taken by the Village under the provisions of this Article.
ARTICLE IV EMPLOYER AUTHORITY
The UNION recognizes the prerogative of the EMPLOYER to operate and
manage its affairs in all respects in accordance with existing and future laws
and regulations of appropriate authorities including municipality personnel
policies and work rules. The prerogatives and authority which the EMPLOYER has
not officially abridged, delegated or modified by this AGREEMENT are retained by
the EMPLOYER.
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ARTICLE V EMPLOYEE RIGHTS- GRIEVANC E PROCEDURE
5.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreem ent as to the inter-
pretation or application of the specific terms and conditions of this
AGREEMENT. _
5.2 UNION REPR ESENPATIVES
The EMPLOYER will recognize representatives de signated by the UNION
as the grievance representatives of the bargaining unit having the
duties and responsibilities established by this Article. The UNION
shall notify the EMPLOYER in writing of the name s of such UNION
representatives and of their successors when so designated.
5.3 PROCESSING OF AGRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that
the processing of grievances as hereinafter provided is limited by
the job duties and responsibilities of the EMPLOYEES and shall there-
fore be accomplished during normal working hours only when con-
sistent with such EMPLOYEE duties and responsibilities. The
aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be
allowed a reasonable amount of time without loss in pay when a
grievance is investigated and presented to the L'NPLOYER during
normal working hours provided the EMPLOYEE and the UNION REPRE-
SENTATIVE have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the EMPLOYER.
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5.4 PROCEDURE
Grievances, as defined by Section 1, shall be resolved in conformance
with the following procedure:
Step 1. An EMPLOYEE claiming a violation concerning the inter-
pretation or application of this AGREEMENT shall, within twenty-
II one (21) calendar days after such alleged violation has occurred,
present such grievance to the EMPLOYEE'S supervisor as designated
by the EMPLOYER. The EMPLOYER-designated representative will
discuss and give an answer to such Step lgrievance within ten
(10)calendar days after receipt. A grievance not resolved in Step 1
and appealed to Step 2 shall be placed in writing setting forth the
nature of the grievance, the facts on which it is based, the pro-
vision or provisions of the AGR EEMENT allegedly violated, and the
remedy requested and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER-designated representative's
final answer in Step 1. Any grievance not appealed in writing to
Step 2 by the UNION within ten (10) calendar days shall be con-
sidered waived.
Step 2. If appealed, the written grievance shall be presented by
the UNION and discussed with the EMPLOYER—designated Step 2
representative. The EMPLOYER-designated representative shall
give the UNION the EMPLOYER'S Step 2 answer in writing within
ten (10) calendar days after receipt of such Step 2 grievance. A
grievance not resolved in Step 2 may be appealed to Step 3 within
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ten (10) calendar days following the EMPLOYER-designated
representative's final Step 2 answer. Any grievance not appealed
in writing to Step 3 by the UNION within ten(10) calendar days
shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by
the UNION and discussed with the EMPLOYER-designated Step 3
representative_ The EMPLOYER-designated representative shall
give the UNION the EMPLOYER'S answer in writing within ten (10)
calendar days after receipt of such Step 3 grievance. A grievance
not resolved in Step 3 may be appealed to Step 4 within ten (10)
calendar days following the EMPLOYER-designated representative's
final answer in Step 3. Any grievance not appealed in writing to
Step 4 by the UNION within ten (10) calendar days shall be con-•
sidered waived.
Stop 4. A grievance unresolved in Step 3 and appealed in Step 4
shall be submitted to arbitration subject to the provisions of the
Public Employment Labor Relations Act of 1 971. The selection of
an arbitrator shall be made in accordance with the "Rules Governing
the Arbitration of Grievances" as established by the Public
Employment Relations Board.
5.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the terms and conditions of this AGREEMENT.
The arbitrator shall consider and decide only the specific issue(s)
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• submitted in writing by the EMPLOYER and the UNION, and shall
have no authority to make a decision on any other issue not so
submitted.
R. The arbitrator shall be without power to make decisions contrary
to, or inconsistent with, or modifying or varying in anyway the
application of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall he submitted in
writing within thirty(30) days following close of the hearing or
the submission of briefs by the parties, whichever be later,
unless the parties agree to an extension. The decision shall be
binding on both the EMPLOYER and the UNION and shall be based
solely on the arbitrator's interpretation or application of the express
terms of this AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION provided
that each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings the cost shall be shared equally.
5.6 W?IIVER
If a grievance is not presented within the time limits set forth above,
it shall be considered "waived". If a grievance is not appealed to
the next step within the specified time limit or any agreed extension
thereof, it shall be considered settled on the basis of the EMPLOYER'S
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• last answer. If the EMPLOYER does not answer a grievance or an
appeal thereof within the spec ified time limits, the UNION may
• elect to treat the grievance as denied at that step and immediately
appeal the grievance to the next step. The time limit in each stop
may be extended by mutual agreement of the EMPLOYER and the UNION.
ARTICLE VI DEFINITIONS
6 .1 UNION: The International Union of Operating Engineers, Local No. 49,
AFL-CIO.
6 .2 EMPLOYER: The individual municipality designated by this AGREEMENT.
6 .3 UNION MEMBER: A member of the International Union of Operating
Engineers, Local No. 49.
6 .4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
6 .5 BASE PAY RATE: The employee s hourly pay rate exclusive of longevity
or any other special allowances.
6 .6 SENIORITY: Length of continuous service with the EMPLOYER.
6 .7 COMPENSATORY TIME: Time off the employee's regularly scheduled
work schedule equal in time to overtime worked.
6 .8 SEVERANCE PAY: Payment made to an employee upon honorable termi-
nation of employment.
ARTICLE VII SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of
Minnesota, and the signed municipality. In the event any provision of this
AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction
from whose final judgment or decree no appeal has bean taken within the time
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provided, such provision shall be voided. All other provisions of this AGREEMENT
shall continue in full force and effect. The voided provision may be renegotiated
at the request of either party.
ARTICLE VIII WORK SCHEDULES
8.1 The sole authority in work schedules is the EMPLOYER. The normal
work day for an employee shall be eight (8)hours. The normal work
week shall be forty (40) hours Monday through Friday.
8.2 Service to the public may require the establishment of regular shifts
for some employees on a daily, weekly, seasonal, or annual basis
other than the normal 8:00-4:30 day. The EMPLOYER will give advance
notice to the employees affected by the establishment of work days
different from the employee's normal eight (8) hour work day.
8.3 In the event that work is required because of unusual circumstances
such as (but not limited to) fire, flood, snow, sleet, or breakdown
of municipal equipment or facilities, no advance notice need be given.
It is not required that an employee working other than the normal work
day be scheduled to work more than eight (8) hours;however, each
employee has an obligation to work overtime or call backs if requested
unless unusual circumstances prevent him from so working.
8.4 Service to the public may require the establishment of regular work
weeks that schedule work on Saturdays and/or Sundays.
ARTICLE IX OVERTIME PAY
9.1 Hours worked in excess of eight (8) hours within a twenty-four (24)
hour period (except for shift changes) or more than forty(40) hours
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• within a suvon (7) day period will be compensated for at one and
one-half (1-1/2)times the employee's regular base pay rate.
9.2 Overtime will be distributed as equally as practicable.
9.3 Overtime refused by employees will for record purposes under
Article 9.2 be considered as unpaid overtime worked.
9.4 For the purpose of computing overtime compensation, overtime hours
worked shall not be pyramided, compounded, or paid twice for the
same hours worked.
ARTICLE X CALL BACK
An employee called in for work at a time other than his normal scheduled
shift will be compensated for a minimum of two (2) hours pay at one and one-half
(1-1/2) times the employee's base pay rate.
ARTICLE XI LEGAL DEFT MS E
11.1 Employees involved in litigation because of negligence, ignorance
of laws, non-observance of laws, or as a result of employee judg-
mental decision may not receive legal defense by the municipality.
11.2 Any employee who is charged with a traffic violation, ordinance
violation or criminal offense arising from acts performed within the
scope of his employment, when such act is performed in good faith
and under direct order of his supervisor, shall be reimbursed for
reasonable attorney's fees and court costs actually incurred by such
employee in defending against such charge.
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• ARTICLE XII RIGHT or SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the
EMPLOYER from subcontracting work performed by employees covered by this
AGREEMENT.
ARTICLE XIII DISCIPLINE
The EMPLOYER will discipline employees only for just cause.
ARTICLE XIV SENIORITY
Seniority will be the determining criterion for transfers, promotions and
lay offs only when all other qualification factors are equal.
ARTICLE XV PROBATIONARY PERIODS
15.1 All newly hired or rehired employees will serve a six (6) months'
probationary period.
15.2 All employees will serve a six (6)months' probationary period in any
job classification In which the employee has not served a probationary
period.
15.3 At any time during the probationary period a newly hired or rehired
employee may be terminated at the sole discretion of the EMPLOYI t.
15.4 At any time during the probationary period a promoted or reassigned
employee may be demoted or reassigned to the employee's previous
position at the sole discretion of the EMPLOYER.
ARTICLE XVI SAPETX
The EMPLOYER and the UNION agree to jointly promote safe and healthful
working conditions, to cooperate in safety matters and to encourage employees
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to work in a safe manner.
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ARTICLE XVII JOB POSTING
17.1 The EMPLOYER and the UNION agree that permanent job vacancies
within the designated bargaining unit shall he filled based on the
concept of promotion from within provided that applicants:
17.11 have the neces sary qualifications to meet the standards of the
job vacancy; and
17.12 have the ability to perform the duties and responsibilities of
the job vacancy.
17.2 Employees filling a higher job class based on the provisions of this
Article shall be subject to the conditions of Article XV (PROBATIONARY
PERIODS).
17.3 The EMPLOYER has the right of final decision in the selection of
employees to fill posted Jobs based on qualifications, abilities,
and experience.
17.4 Job vacancies within the designated bargaining unit will be posted
for five (5) working days so that members of the bargaining unit can
be considered for such vacancies.
ARTICLE XVIII DURATION
This AGREEMENT shall be effective as of the First of January, 1973, and
shall remain in full force and effect until the Thirty-First day of Decemher, 1973.
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In witness whereof, the parties hereto have executed this AGREEMENT on this
day of , 1973.
FOR THE VILLAGE OF EDEN PRAIRIE --
FOR INTERNATIONAL UNION OF OPERATING ENGINEF,RS, LOCAL NO. 49
FOR THE OF
Articles on other terms and conditions of employment will be added to this
AGREEMENT in an addendum when the parties have reached agreement on such
other terms and conditions of employment.
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SUPPLEMENTAL LABOR AGREEMENT
BETWEEN
THE VILLAGE OF EDEN PRAIRIE
AND INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 41, AFL-CIO
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the Village of Eden Prairie,
hereinafter called EMPLOYER, and Local No. 49, International Union of
Operating Engineers, hereinafter called the UNION. The intent and purpose
of thie AGREEMENT is to cover specific issues pertinent to Public Works
employees of the Village of Eden Prairie.
ARTICLE II COMPENSATION PARITY
The EMPLOYER agrees to adjust the compensation of the Public Works
Maintenance Nan classification over a three year period to reach parity with
the benchmark pay level for Light Equipment Operator as negotiated and agreed
upon between the Metropolitan Area Management Association and the Inter-
national Union of OperatirgEngineers, Local No. 49, AFL-CIO. For 1973,
the monthly hay rate of the Eden Prairie Public Works Maintenance Nan would
be increased by the area-wide negotiated rate of$37.00 plus the adjusted
amount of$14.00, providing an overall increase of$51.00 per month.
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ARTICLE III INfUR Y ON DUTY BENEFITS
An employee injured on duty shall collect Workman's Compensation
benefits and a check from the Village making up the difference to full salary
up to thirty (30) working days. Time off horn work due to an injury incurred —
while on duty is not charged against sick leave or vacation leave. If an
employee is disabled for over thirty (30)working days, the case shall be
reviewed by the Village Council.
ARTICLE IV SICK LEAVE BENEFITS
Sick leave benefits shall accrue one (I)day per month from date of
employment, including a thirty (30) day immediate bank for extended illness
only. Bank benefits are replaced as days are earned. Maximum accumulation
is one hundred(100)days.
ARTICLE V VACATION BENEFITS
An employee shall receive five (5)days vacation after six(6) month's
service, ten (10) days after one (1) year, fifteen (15) days after nine (1)years,
and twenty (20)days after sixteen (16) years.
ARTICLE VI PAID HOLIDAYS
The employee shall receive the following nine (9) holidays:
Date Holiday
1. January 1 New Years Day
2. Third Monday in February Washington & Lincoln's Birthday
3. Last Monday in May Memorial Day
4. July 4 Independence Day
5. First Monday in September Labor Day
6. Second Monday in October Columbus Day
7. Fourth Monday in October Veterans Day
B. Fourth Thursday in November Thanksgiving Day
9. December 25 Christmas Day
•
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ARTICLE VII HEALTH INSURANCE
The Village shall pay the premium for Blue Cross and MII and Major
Medical Insurance for each employee.
ARTICLE VII I LIFE INSURANCE
The Village shall pay the premium of $5,000 term life insurance plus
$5,000 accidental death or dismernbership insurance for each employee.
ARTICLE IX DURATION
This AGREEMENT shall be effective as of the First of January, 1973,
and shall remain in full force and effect until the Thirty-First day of December,
19'73.
In witness whereof, the parties hereto have executed this AGREEMENT on this
day of , 1973.
FOR TEE VILLAGE OF EDEN PRAIRIE
FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Court File No. 690532
The City of Brooklyn Center, The City of
Columbia IItaights, The Village of Edina,
The Village of Plymouth, The City of Robbins-
dale, The Village of Roseville, and The City
of White Bear Lake, all Minnesota Municipal Corporations,
Plaintiffs,
and
NOTICE
The Village of Burnsville, The Village of TO MUNICIPALITIES
Forest Lake, The City of I-Iopkins and The AND TOWNSHIPS
Village of Maplewood, all Minnesota
Municipal Corporations,
Intervenor Plaintiffs,
vs.
•
The Metropolitan Council, an administrative
agency of the State Legislature of Minnesota;
the Metropolitan Sewer Service Board, an agency
of the Metropolitan Council,
Defendants.
•
TO THE GOVERNING BODY OF THE VILLAGE OF EDEN PRAIRIE:
This is to notify your municipality of a lawsuit now pending in the
Fourth Judicial District, County of Hennepin, State of Minnesota, entitled
The City of Brooklyn Center, et al, vs. The Metropolitan Council, et al. On
October 12, 1972, the Metropolitan Council adopted a resolution, which reso-
lution approved a method of allocating to municipalities the current costs of
reserved ca pacity in the metropolitan disposal system. The aforementioned
lawsuit is seeking to have that resolution declared invalid and void for numer-
ous reasons.
•
The Court has determined that your municipality has an interest in this
lawsuit. Accordingly, the Court has issued an Order dated March 5, 1973,
which provides that your municipality may join the lawsuit voluntarily, either
as a plaintiff or a defendant, and that if it does not choose to join voluntarily
in one of these capacities, it will be served with process and made an invol-
untary defendant. In any event, your municipa lity's interests in the subject
matter of the lawsuit will be determined finally and fully by the decision of the
Court and your municipality will not be permitted to raise the issues determined
therein in a subsequent action.
A copy of the complaint, answer and counterclaims and reply to counter-
claims in this lawsuit, as well as other relevant papers, are on file in the office
of the Clerk of Court of the Fourth Judicial District in the Hennepin County Court-
house. These papers are open to the public and you may review them if you
desire to have more information about the lawsuit.
If you choose to join the lawsuit voluntarily, as a plaintiff or as a
defendant, the above-mentioned Order requires you to notify:
Richard J. Schleifer
Schleifer, Hadley, Bakke &Jensen
1290 Brookdale Center
Minneapolis, Minnesota 55430
Attorneys for Plaintiffs and Intervenor Plaintiffs
and
Thomas S. Hay
Dorsey, Marquart, Windhorst, West & Halladay
2400 First National Bank Building
Minneapolis, Minnesota 55402
in writing of your intention to do so by April20, 1973. Thereafter, on or before
April 27, 1973, plaintiffs will file an amended complaint naming those parties
who have elected to join as intervening plaintiffs or as intervening defendants
and naming those who have made no election as involuntary defendants. The
amended complaint will then he served upon all defendants. Those parties that
join as plaintiffs may adopt the complaint and the reply to the counterclaims which
are presently on file as their own. Those parties that join as defendants or are
made involuntary defendants may adopt the answer and counterclaims presently
on file as their own. In the event that any of the new parties wish to adopt the
pleadings presently on file as their own, they are to notify both Messrs. Schieffer
and Hay of their desire to do so, either along with their written response by
April. 20, 1973, as provided above, or to notify them otherwise in writing and
ina timely fashion.
You are advised that the attorney's fees and other costs of litigation
for parties joining this lawsuit as voluntary defendants or who are made invol-
untary defendants by the Court will be borne by the present defendants in the
event that the newly joined defendants or involuntary defendants are agreeable
to using defendants' present attorneys and are willing to accept the advice of
those attorneys relating to the lawsuit. If they are not willing to do so, they
must pay their own attorney's fees and their other costs of litigation. The
present plaintiffs will boar the attorneys' fees and other costs of litigation on
behalf of the parties joining as plaintiffs provided that such parties do not wish
to take an active part in controlling the litigation for the plaintiffs. However,
any party joining as a pla intiff which wishes to participate actively in controlling
the litigation must do so either through its own attorney or through the use of
one of the attorneys presently representing the plaintiffs, in which event said
plaintiff must pay its fair share of the attorneys' fees and costs of litigation.
In summary, your municipality has the following choices:
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(1) It may join this action voluntarily as a plaintiff or as a defendant.
If it does do so, it must indicate such a desire in writing to Messrs. Schaeffer
and Hay by April 20, 1973.
(2) In the event that it does not desire to join this action voluntarily
I— as a plaintiff or a defendant, it will be made an involuntary defendant. .—
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Whether your municipality voluntarily joins this action as a plaintiff
or a defendant, or is made an involuntary defendant, the result of this action
will be binding upon it.
•
Very truly yours,
/s/Richard). Schieffer •
Richard J. Schieffer
Attorney for Plaintiffs and Intervenor
Plaintiffs
and
/s/Thomas S. Hay
Thomas S. Hay
Attorney for Defendants
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....„,,a-, —-, 1/2...E:::: 4.01..
Joseph P. Summers
Of Counsel to Plaintiffs
630 Osborn Duiiding
Saint Paul, Minnesota 55102
Dated: March 23, 1973
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CLERK'S RECOMMENDED LICENSE LIST
MARCH 27, 1973
CONTRACTORS (1-2 FAMILY)
Warren J. Carpenter
Ecklund & Swedlund — Leonard C. Swedlund
Hansen & Klingelhutz Construction, Inc. - Douglas M. Hansen
MPG Homes, Inc. - Eugene D. Olson
Wm. C. Reichel Construction Co.
Joseph Semrad
CONTRACTORS (MULTI-FAMILY & COMM.)
Hirsch Bros., Inc. — Philip D. Hirsch
Hustad Development Corp. - Wallace H. Hustad
UTILITY SERVICE INSTALLER
Consolidated Plumbing&Heating Co. - S. E. Enright
Richfield Plumbing Co. - Robert F. Adelman
PLUMBING
Doody, Inc. - Robert M. Doody
Richard's Plumbing — Richard A. Johnson
GAS Fiala( II
Richard's Plumbing — Richard A. Johnson
Standard Heating& Air Conditioning Co. - Tony Ferrara
Yale, Inc. - C. A. Ferguson
SEWAGE DISPOSAL SYSTEM INSTALLER
Richard's Plumbing — Richard A. Johnson
Widmer Bros., Inc. — Godfrey H. Widmer
PEDDLERS & SOLICITORS
Barbara I. Larsen (Jack ok'd this one)
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10: Robert P. Heinrich, Village Manager
FROM: John D. Fran, Finance Director
DATE: March 27, 1973
RE: Vouchers to be Presented for Approval at the March 27, 1973
Meeting.
Bills presented at the March 13, 1973 Meeting.
#1572 Dakota Minnesota Construction Co., $70.00. Payment to a
utility installer for time lost attempting to locate a
non existent water service. This amount will be deducted
from either the engineering firm or the contractor when
liability is fixed.
#1593 Metro Animal Patrol, $324.00. February Service. 32 hours
of patrol service, 18 tags issued, lk animals impounded
and 10 reclaimed.
#1602 Pepsi-Cola, $30.30. Soft drinks for our machine. The
machine is self sufficient
Bills presented at the March 27, 1973 Meeting.
#1699 Sound Post, $345.00. Recreation activity paid for by fees.
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March 27, 1973
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF EDEN PRAIRIE
The Following accounts were audited and allowed as follows:
Year - 1973 —
Date Voucher] Name Item Amount
3/12 1642 Federal Reserve Bank Payroll Taxes - 3/12 2,024.00
3/13 1643 Richard Plaep 2-Speaking Courses -
1 Tape Player 318.00
1644 Gordon L. & Elsie M. Blesi Property Purchase 87,800.00
3/14 1645 U of M Turf Management Class 8.00
1646 Cragun's Resort Deposit for Budget Meeting 40.00
1647 U of M Wastewater Operator Institute
&Water Works Operators School 84.00
1648 Minn. Rescue &First Aid
Assoc. Emergency Care Seminar (Blake) 20.00
3/15 1649 Wickes Homes Materials for Annex 35.88
3/16 1650 Ninn. Rescue &First Aid Rescue& First Aid School(Gerdts) 20.00
3/27 1651 A&G Drafting Service Mylar Maps 42.00
1652 Air Power Equipment Repairs - Maintenance Bldg. 26.20
1653 Albinson Engineering Supplies • 17.84
1654 American Society of
Planning Officials Membership &1 Publication 30.00
1655 Bituminous Roadways, Inc. Road Material 48.07
1656 Black &Veatch Engineering Services 4,116.75
1657 Boustead Electric & Mfg. Shop Equipment Repairs 128.20
1658 Brauer &Associates Nine Mile IA, Plan B. Mitchell
Heights PU]), Parkway Alignment i
Study, Mitchell Road Improv.
Red Rock Sanitary Sewer, etc. 6,077.64
1659 City of Brooklyn Park Xerox Copies 4.00
1660 Karen Brandt Arts &Crafts and Tiny Tots
Instructor �7.00
1661 Business Furniture, Inc. Storage Cabinet for Office 112.85
1662 Chrysler City, Inc. Public Works Equipment Repair 16.00
1663 Eden Prairie Grocery Groceries-Staff Meeting 5.12
1664 Finance &Commerce Subscription 35.00
1665 Frontier Lumber& Hdwe. V. Hall Annex, Public Safety
Building & Water Dept. Material 99.94
1666 B. F. Goodrich Equipment Repair 83.02
1667 Guy's Auto Supply, Inc. Equipment Repairs 65.16
1668 John K. Hacking Miscellaneous Supplies &
1669 Henn, County Alcohol Expenses for Public Safety Dept. 69.50
Safety Action Project 2/16-3/17 Expenses 418.90
1670 Roger Hennessy Agency Insurance - Park Property Houses
1671 Hillcrest Safe E 488.90
ty' q�P. Fire Department Equipment 15.90
1672 Gwen Jasczak Arts &Crafts Instructor 12.00
1
gent of Claims
ch 27, 1973
•e Two
i
-)ate Voucher# Name Item Amount
, 3/27 1673 Void Not Replaced
_ 1674 Loretta Kopesky 3/20 Mileage 3.00
1675 MacMillan Publishing Publications for Office 15.50
1676 Metro Sewer Board Sewer Services Charges 642.08
1677 Miller/Davis Company Office Supplies 9.10
1678 Minneapolis Gas Service at Village Hall 72.71
1679 Mobil Oil Co. Diesel&Heating Oil for
Teen Center 90.70
1660 Modern Tire Co. Tire Repairs 14.95
1681 Municipal Finance Officers
Assoc. Membership Fee - J. Frame 20.00
1682 Win, Mueller & Sons Road Material 222.29
1683 National Recreation & Park
Assoc. Membership - M. Jessen 50.00
1684 Northern States Power Electricity 1,513.91
1685 Curt Oberlander Governor's Storm Warning
School 12.72 j
1686 Penneys Equipment Repair-Public Safety 3.00
1687 Pepsi Cola Bottling Pop for Machine 24.95
1688 Perbix, Harvey &Simons February Legal 764.26
1689 Power Brake Equipment Co. Repair Parts 19.70
1690 Richard Putnam February Mileage &Expenses 108.35
1691 James A. Richardson if ii
44.94
y 1692 Sheryl Richardson Dec., Jan., & Feb. Mileage 19.26
1693 Rieke-Carroll-Muller Engineering Services -
I.
Rosemount Sanitary Sewer
1971 Sewer, Water& Street
Improvements 4,171.07
1694 Mrs. Goergia Ruud Refund- Arts & Crafts 5.00
7'2e90"
1695 James Robin Design Concept-Redrock Sign
Proposal
1696 Donald A. Rogers Supplies for Fire Dept. 23.25
1697 Wayne R. Sanders Bldg. Inspector's Meeting 4.20
1698 Suburban Chevrolet Public Safety Dept. Equipment
Repairs 47.00
1699 The Sound Post, Inc. Guitar Lessons 345.00
1700 Sun Newspapers Legals 33.30
1701 Sun Oil Company Diesel 32.66
1702 Uniforms Unlimited, Inc. Public Safety Dept. Equipment 293.15
1703 United Fire Fighters 1973 Dues 15.00
1704 U. S.Warehouse Supply Public Safety Dept. Supplies 49.50
! 1705 Waldron Nevens Service for Fire Dept. 17.67
1706 Xerox Corp. Rental&Supplies 507.29
1707 Zeco Company Batteries for Traffic Street
Signing 5.70
TOTAL DISBURSEMENTS ..„ 111,562.18
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