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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 e to 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 I y '1,-1 P!/ch ,,I �� , Gni,/e_ /✓ 4 Z1 y R C-w ! — 3 00°•! 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'/e , (3) , z ts+4•f - 41 4e. ./ 4 az•./ , '1) ./. -7,r.„ 1,...„,i CA) 19/6 474.__ 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 • I' j f It _,...............)\ -- j— , ,_ I/ ce X t �. 1 `1-- - I I 4.^�/r`1-. r 1I a—--_// �a� .-- .- - .---. : • ki . • 5 x y4` -- . •r M . 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 i.: ''', 4',-,t6'''.'-....C.f'.:4.;.•,:;,:'-;IF' :,,..?0-::',::•;:' ::..41:::. !''''' :;:' - -':':' ''''.:3'.' ' l'''''' ''. ' '. '''' ' ' - 1 . - ...s......... ...•,,li ,--...!,-11----7-----1—C ' 17. , • L. \ . --. I f • • = ,. • ; '---1 FT • ,--e.0: . •• 1 ,IN ' - ,,•-•1.4 . I -- 1‘.._:—..1. mos . i, ..707.. —........ $.sr r -- -- 1- % • (---- , --• . '" _ ., N\sc.: • ; . . .. .. • rs..-4,. i .. ..... 1,,, -(14"'" . .......,,J13.7:: ' - - 1 Pe•to‘,...- --!,-. , .._ LI MO • . • , - - ) I ..-- \‘'. 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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 • 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 I • 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 /°-t 3 • 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 711/t1 7? . ems . ^..251,651AA--, C )I j7,� 1 .. •4 PI ,-"It,'4,n.0.4 ia,.., :_1 : :t e r-,1",,,,....-,V.L zr.1.14,::?2,)gISIV il 3 I : 'l J',,, •I I,l4 A.?;:;.::,',"-„:,'',',n '" i c't ''.';',..;...-;- .;;f'l''''(• '..;':i. 1 .r... 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I 1 Li FLAHVARLE : li L I QUIDS . . 1 1 1 v...a. is.r,1 la 4:14...V 1.8 rs.• 'll• '.1•6..• 44 FEQuil,E,T 1., "b 1 11 ri I 11 Ill i Li] ri IL' II , ....., 4.• ;to!W.....VW , ...11 ..... ...,_.r. L. ,.,, 1......,......-,.... ROPES A IDIOTS 1 I ; 111 1111 1 i 111111 1111 . IN N 1 lill :!...15n, is.• r ..,..1.,,,, . .,...; ,... R N DPI VER TPA INIFIG . , '" li III ' Hill 1 -" 1111-i rldri • , . . . . ! I li 1 ' P uliwilua...t. I. L...,,,—,ta la j—.0 iftil lij f 1 Ytr•al ._. . . —. . . O' I l' 1 Zn . I 11., i TIE E?' BREATHING . API'APATUS - IJ. i",. 1- I.: o-..-;,.;-,. -,. r..-H .- :-•:- -:-.- 71 1:-: 1 ., :-: I ..„- NOZ7I_ES 1 1, rni rulik.nr an,101, g.rti , 1 ..n ni tv,1 1 •. co,../t . , LL 1, 1 1 1, 1 j I . . . _,; _-1, -,-1-1,n!.. ,-,.. .,.. ,r7i .-,... !...L.,:-.1-7.!, .....,,,! ,-,.; -_-:,.;,, .- FIRE s : - -''' rilni-r '''''r"1 h [ - i— il i ! 1 11 ri ,, T C 1TQE I 1. 11. I .. 1 j1.1 1 1 1 1 FORCIBLE L; ,• r 1...nr...nanis,...u. I.F.'. ."0 IJI 01 I.y.. RI, r,..i 4, ....n 4,4n Eti TRY . 1 I i I 1 I 1 1 1 1 1 1 N ' 1 1 1..1 J ..._.] _J ....L, 1....,....; d ,....i„... _ EL E CTRICAL b 11 AZAINS 1 1 1 11 1 11111111; 1 ! .;?,....a,',;i ,:oi„T.,I.`,I., ia.,',-,3...La,v a_:.-..;1!„ :cr.it::-.:7.-J...”.i.a....., 0: Z' (,.1 ALls. 1 [I 1'1 1 1 II 1 1 I 1 1 1 .„,i IN ':11- .';n1 1 1' 1 1 1 1 L"' ''' Ti '''' '1 1 '. 1 0711E 17131 EigY i I 1 1 1 ' 111 1 I I 1 1 . ' Iv 1 1 1 a.; 1 I Ito! 1 1 1 1 1 'MUTUAL AID . ; 1 . 1 1 ..... • I111Iz:--.,1,IiA.,.ir F,4J)F•-.7,-”c:;1.;:,-`,7.-1.1...r•1?7.,1,11,,..1.,:11.„:1,•.1"4',.:,,',';;•:;1,':•:.,:"::..;'1-',.f 6.IZ.;t r....... .N51'.::..",...„4 . 13xA , ,1v14n.—ii,:z:' -4-..7:.:1..:t:,•...,,.;,:1..n,1 I..t..,,,",ii•l I•::A,:.,6!,L.:..-I,......!..1.; Ln 1'.1.LI.. t ( til11 r . wTToOORTNAXKL 6 5LA : . . > I. aInn v i If.. la I 'r 11 I u I i I I I i I I I I I I i 1�, ' . 1� - ? i; I i ` i I I L I i 1 i I _ I I I I 1 ' I I., , I I I I 1 1 1 I I ., �_I i I _-i _ .__— I r; ? 1 I ,. II 1 I ' -" - i.. I ;---i-'I�.,�—I — 1 I J __I 1 i___I ' L�I.__1- ! i I I I 1 • , n , 1 i ( I I I J I I I N U 1 1 I 1 I i 1 , i,. . I . '' I ,. I I I I ( — I I i - I ! 1 • - f I . I 1 • 1 1 1 i I _ ._ __ • t I 1 I 1 I I , I f + 1 I I 1 i I H I • ; I 1 t ! • 41 °u 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 , . . • I — , i Am" • , • - - )'1 • / .' 1 I , _ ..___•...,. _... i_____ . i . ... . , , . . _ - , .Z . \ ,.......---/ i, 11.1. '.."--- ----i- ----- • \ . g,__I , , • . , „---, i \-7----........_..r'--4 _ . .,. ,.. r z —; 13.• r '--r I 2 I:. I- . —.—______ z ;! I . ' Cfr . . . 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C;1 ' —tit , )4'. •.• ' ,. ,.1,,I. • A.7"2k. 4 0 • 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. 6 i 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 i 1 - 1' 1 . l.' _ /1 � I I I I 1 1 1 ii f \ \ 11 (7 II 11 j1 -i '1Is . 'I ,. i • 0 I . _,-,' s's. ( •� t 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. / 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. • 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 • • k 4)/ • 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. • ADOPTED by the Council of the Village of Eden Prairie this 27th day of parch, 1973. ATTEST: s Clerk Paul L Redaath. Maurer • 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 <14/ . . . • . . • . _= 1 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. • MJ � i r • � f LABOR AGREEMENT BETWEEN • 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. 2- 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. • -3- 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. 1 .Rre • -4- 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 -5- 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) 1 • —6- • 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 • -7— • 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 1 • -8- 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 • -9- • 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. i • -10- • 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 I i to work in a safe manner. • -11- • 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. • -12— 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. r ' 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. • 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 • -3- 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 i • I -4- 7 TOR THE pp f •••."-".."--` i. -; • t ir. Cnlrl Vl:lullh yC%'7 �V�/ d1,< 1. f31.0;r.;ft.:I:.N f of TIlf- 1r; j i S'JI'I PI.41L Nti.N1 Y:1) 9 — ...,. .. l\ ! :.1,i 1 It(11)HT! FALLO'1 .—..✓ �•-•."" ,1 t "! 1 /h,t rt.:l: tt,-tll.- 11,c:.11•Ilff:".NT r n;1 DISTRICT 272 1c9 CUR1Ian lre wro lNnuwnlu.N t YII 3951 • f 8025 SCHOOL ROAD Comr,NTulu=nc EDEN PRAIRIE, MINNESO T A 553=13 .uu',:u,-:.;fi.ANAL:=:H 941 21C4 It!',,:I!:;.3::L 1':II7:CIi•AL • ',RAMIE VIF:Y FLEF.I'ANTANY PIIINCIPAI. • NIGH S(.3,,-;0l-AH41:% • FOHESTIIILIS ELLM'ANTARY .11 ?III 91,1/29 913-11:1 PIII":CIPAL 1rIrch 15, 1973 I1 • i1:'1 "r::..irio i1!b?-ic ''::Cvi•'.''9 L'l950 ,;1c.•n ._ ...:'1e !!:,•,..!, • .61 . '. -`ri', ...:n.553 3 1 • tl P,, .1,10l O'' .c,r,ric^s _..C:,, a:.. r;':.. :f• ;} 1_ I^_s;ihnc , r. C.I'..._. O- r,1 t14.::i1 l:l 12, "11,,!I;it Oi .. 1 1 _or. 'n.. 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'— ; Si_ncoroly youuo, 7 Scito,q. • • . „ 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: -2- I ` • (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. .— • 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 • ....„,,a-, —-, 1/2...E:::: 4.01.. Joseph P. Summers Of Counsel to Plaintiffs 630 Osborn Duiiding Saint Paul, Minnesota 55102 Dated: March 23, 1973 • 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) r 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. • 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 ., I. .