HomeMy WebLinkAboutCity Council - 05/08/1973EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, May 8, 1973
7:30 P.M., Village Hall
INVOCATION - - - PLEDGE OF ALLEGIANCE - — - ROLL CALL
COUNCEL MEMBERS: Mayor Paul Redpath, Joan Meyers, John McCulloch,
Wolf Fenzel, Roger Boerger.
COUNCIL STAFF: Village Manager Robert P. Heinrich; Village Attorney
Harlan Perbix; Clerk John Frane
AGENDA
I. OFREGULAR MEETING HELD 24. 1973.
II APPOINTMENTS:
A. Mayor's APPointments:
1. A Poo n t Steve Eisch to the Park and Recreation Commission effective
May 1 , 1973, to serve until April 30, 1974.
2. Members of the Eden Prairie Drug Committee.
III. PUBLIC BEARINGS:
A. Improvement hearing on Prolect STR 73-3-14 street paving in the Padon
Down's area. (Copy of Engineering Feasibility Report attached)
Action: Motion adopting Resolution No. 698 ordering Improvement Project
FR 73-3-14 and modifying an existing contract with Lametti & Sons
by adding thereto on a unit price basis.
B. Condor Corporation, request for rezoning from Rural District to 1-2 Indus-
trial Park for land west of Washington Avenue and south of Valley View
Road. (Required official public hearing was held before the Planning
Commission 5/1/73, Planner's Report attached)
Action: First reading Ordinance No. 222, rezoning from District Rural to
1-2 Industrial Park in accordance with Planning Report dated 5/1/73.
C. Land Division on Plat 56976. Parcel 1500 requested by Mr. Warren
Shultz. (No official public hearing required . Opportunity for
neighboring residents to comment. Village Assessor's Report attached)
IV. PETITIONS. REDUESTS, & COMMUNICATIONS:
A. Letter from Nine Mile Creek Watershed District Board of Managers dated
April 23, 1973, submitting the Watershed's 1972 Annual Report. (Att.)
Action: Motion to receive and file.
B. Letter from Riley-Purgatc>ry Creek Watershed District dated April 16, 19 73 ,
submitting the Watershed's 1972 Annual Report. (Attached)
Action: Motion to receive arid file.
Council Agenda -2- May 8, 1973
IV. PETITIONS, RECUESTS & COMMUNICATIONS (Cont.)
C. Letter from j. Michael Campbell of the Char-Lynn Plant of Eaton Cor ora-
tion dated April , 1973. (Attached)
Action: Motion to receive and file.
V. RESOLUTIONS & ORDINANCES:
A. Renewal with modifications of franchise ordinance granting Northern States
Power Company the right to operate in the Village of Eder. Prairie. (Att. )
Action •
/ /
First reading, Ordinance No. 223, Northern States Power Company
franchise ordinance. - r
B. Second reading, Ordinance No. 215, providing rezoning of District Rural
to R 1%,16.5 , Westwind in The Preserve. (Attached)
Action: Motion adopting Ordinance No. 215.
C. Consideration of resolution proposed12y the Board of Directors of the
Hennepin County League of Municipalities suggesting strengthening of
the FICL, increasing staff of HCL, and increasing the budget and dues
to finance the operations of the larger staff and increased activity of the
HCL . (Attached)
Action:
D. Consideration of Resolution No. 697 establishing Tune 12, 1973, at
4:30 p.m. in the office of Robert Ehlers, Municipal Bond Consultant, for
the sale of $2,500,000 General Obligation Water and Sewer Bonds. (Memo
of Finance Director attached)
Action: Motion adopting Resolution No. 697 setting June 12, 1973, as the
date of sale of $2,500000 General Obligation Water and Sewer Bonds.
E. Consideration of request of Hennepin County Highway Department for
' X. approval of plans and specifications for Project No. 7305, Contract
7 covers installation of highway and interchange lighting on C .S.A.H. 62
between T . H. 169/212 and C. S . A. H. 61. All construction and maintenance
costs involved will be paid by the County. (Attached)
, r Action: Motion adopting Resolution No. 701 approving Hennepin County
Project No. 7305.
F. Consideration of Joint Cooperative Agreement establishing a Metro
Rate Authority to jointly and cooperatively administer the rate provisions
ur—OTET—In franchises granted to the Northern States Power Company. (Copy
of proposed Metro Rate Authority Joint Powers Agreement attached)
Action: Motion adopting Reso lution No. 703 authorizing the Mayor and Manage,
to enter into Joint Powers Agreement with other municipalities in
establishing Metro Rate Authority.
Council Agenda -3- May 8 , 1973
G. Consideration of agreement for electrical service with Northern States
power Company for Municipal Water Pumping. Agreement calls for payment
of $9,500 for installation of transformer, metering, cable, and
appurtenances for two municipal wells and water plant. (Attached)
Action: Motion adopting Resolution No, 702 authorizing Mayor and Manager
to enter into agreement dated June 1, 1973, with Northern States
Power Company for electrical service for municipal well pumping.
(SEE ADDENDUM - Page 4)
VI. REPORTS OF OFFICERS BOARDF & COMMISSIONS:
A. Reports of Village Engineer:
1. Change Order #1 for Improvement Contract 51-246, Poor soil condi-
tions encountered on the Nine Mile lA Sanitary Sewer Project will
require piling resulting in extra cost to the project in the amount of
approximately $12, 000. (Report attached)
Action: Motion approving Change Order #1 to Improvement Contract 51-246
in the estimated amount of $1-1-n-nr. 7
2. Reoort on Te s low Utility Easement. (Memo attached)
Action: No action required.
3. Consideration of bids on Improvement Contract 51-248, Projects
WTR 72-8-23 & 24. Trunk and lateral watermains to Rosemount Co.
and Heritage Park area. (Rid summary attached) P - /1"1
Action: Motion adopting Resolution No. 699 accepting low bid from
Northern Contracting Co. in the amount of $270,054.51 for
Improvement Contract 51-248.
4. Consideration of bids on Improvement Contract 51-247. Projects
MIC 72-9-17 • STR 72-3-20, and WTR 72-8-21. Improvements on
Atherton Road, Mitchell Road , and Scenic Heights Road. (Bid summary
attached)
Action: Motion adopting Resolution No. 700 accepting low bid from
Northern Contracting Co. in the amount of $169,2 61.3 7 for
Improvement Contract 5 1-297.
B. Reports of Park and Recreation Director:
1. Consideration of Joint venture with Nine Mile Creek Watershed District
for water quality analysis in Bryant Lake. (Copy of Park and Recreation
Director's report dated May 1, 1973, and proposal for study attached)
f
h
Action: Motion approving the joint venture with the Nine Nile Creek 4")
Watershed District for water quality analysis in Bryant Lai:wand
adoption -
CoMingent Approprtatie41-4--firsettee-tlike-ssewly.
ESOLUTIONS &ORDINANCES (Cont)
. Second Reading, Ordinance No. 216. An ordinance approving reclassifi-
cation of Edenvale 7th Addition "Summerwoods" to R M6.5 . (Att.)
Action: Motion approving Second Reading of Ordinance No, 216.
I. Second Reading, Ordinance No. 220. An ordinance approving reclassifi-
cation of Kakach 1st Addition to RI 13.5. (Att.)
Council Agenda -4- May 8, 1973
C.j Reoorts ot Village Manager:
Of" 1. 1,1cense loolication list dated May 8, 1973. (Attached) n
Action: Motion approving License Application list dated May 8, 1973.
2. Reminder of May 10, 1973, Board of Review 7:30 , Village
Council Chambers.
3. Discus slon of Omnibus Metropolitan Council Bill and t anon bills
Presently before the Legislature.
VII. FINANCES:
A. Payment of Claims No. 1847 through 1923. (Attached)
Action: Motion approving payment of Claims No.
B. Cash and Investment Report. (Attached)
Action: Motion accepting Cash and Investment Report dated May 8, 1973.
VIII. ADIOURNMENT.
ADDENDUM
'Action: Motion approving /Second Reading of Ordinance No. 220.
'et-01r / J. Second Reading. Ordinance No, 221, An ordinince approvt g reclassifi-
cation of Shelter Homes Corp ., 'Eden Farms 2nd Addition ' to RI 22. (Att.)
Action: Motion approving Second Reading of Ordinance No. 223.
VILLAGE OF EDEN PRAIRIE, MINNESOTA
FEASIBILITY REPORT
FOR
STREET IMPROVEMENT PROJECT SIR 73-3-14
APRIL 24, 1973
Bituminous pavement in Padon Down's area - Barberry Lane from Duck Lak
e
Trail to Peterborg Road, Peterborg Road from Barberry Lane to Duck Lak
e
Road, Padon 's Drive from Barberry Lane to Duck Lake Road, Duck Lake Roa
d
from Duck Lake Trail to South Shore Lane.
ri am le,
Village Engineer
APPROVED:
INDEX
COVER
INDEX
CERTIFICATE
FEASIBILITY REPORT
PROJECT LOCATION MAP
SUIVARY OF PROJECT COSTS AND FUNDING
FINANCE DIRECTOR'S STATEMENT
NOTICE OF PUBLIC HEARING
PRELIMINARY ASSESSMENT ROLL
PROJECT SCHEDULE
VILLAGE OF EDEN PRAIRIE, MINNESOTA
FEASIBILITY REPORT
FOR
STREET IMPROVEMENT PROJECT SIR 73-3-14
APRIL 24, 1973
I hereby certify that this report was prepared by me or
under my di rect supervision and that I am a duly registered
Professional Engineer under the laws of the State of Minnes
o
t
a
.
David 0. Husby, P.E.
VILLAGE OF EDEN PRAIRIE
RE: Project STR 73-3-14
HONORABLE MAYOR AND VILLAGE COUNCIL
ROBERT HEINRICH, VILLAGE MANAGER
I . GENERAL
The purpose of this report is to present to the Village Council the re-
sults of a feasibility study on the above referenced improvement project.
The report covers the nature and scope of proposed construction work,
estimated total costs, assessment rates, financing sources, and schedul-
ing data.
The proposed improvement is in the Padon Down's area. The project was
I nitiated by petition from 18 property owners in the area. The attached
project map indicates properties which have petitioned for the project.
II. PROJECT DESCRIPTION
This project involves the construction of bituminous streets in the Padon
Down's area _ The streets requested on the petition are Barberry Lane from
Duck Lake Trail to Peterborg Road and Padon's Drive and Peterborg Road
between Barberry Lane and Duck Lake Road. Duck Lake Road from Duck Lake
Trail to So.. Shore Lane has been included in this project to complete all
paving in this area. The installation of sanitary sewer and water mains
In these streets was completed in the fall of 1972. The proposed street
restoration under that project has not been completed but was to consist
of 6 inches of Class 5 gravel. Although this gravel surface has not yet
been placed, certain portions of the streets in this area were stabilized
with crushed rock to maintain traffic during the winter and spring months.
In some areas this crushed rock wil 1 provide a suitable base material and
will allow a reduction in the thickness of bituminous materials used gen-
erally throughout the rest of the sewer and water project in the Duck Lake
area.
The proposed assessments for the project are determined by dividing
the cost of a Pe thick bituminous wearing surface on the petitioned
streets by tin number of benefitted RECs. The property owners have
already been assessed for a 6" gravel base which was included in the sewer
project.
The estimated cost to place the Pa" wearing surface on Barberry Lane,
Padon Drive and Peterborg Road is $8,020.00. The cost per REC, based
on 33 benefited RECs, is $244 each.
16 • PROJECT LOCATION MAP
LAKE:
fa 4
15 ' • .!.- • i
o rol: I
.7 -t• .,.:-.! , a .•
•Ire 1.• • 4
"1%0i hi • 1 A •••, 'UV "1 • *
P.D0 4 • 4 h 5
i . 4...1
1 . = 1 '
I P :?1,
• • -.,
, ,.,..._
. -
sr o ..!; • :
(4220)
WM 4 in: O. • • I •
(424:1)
. • •
PROPOSED PAVEMENT
P — PETITIONED
• —PROPOSED ASSESSABLE R.E.C.
71,,tm-41.
The total proposed project also includes paving Duck Lake Road. It is
anticipated that a 3" thickness of blacktop, placed over the existing
crushed rock, will provide an adequate road section throughout thi s
area. The total estimated cost for the entire area is estimated a t
$24,700. Assuming 41 benefitted RECs (the 33 original RECs plus 8
RECs along Duck Lake Road) the total assessable cost is 41 x $244 -
$10,004. The remaining $14,700 will be partially funded by the sewer
project. The gravel base which was to be placed in this area woul d
have cost approximately $8,700. A solitary of the costs is as foil ows:
Total Project Cost
624,700
Direct Assessment (41 RECs @ $244) = $10,000
Gravel Base Assessed Under Sewer Project = 8,700
18,790
Total to be funded
$ 6,000
The remaining $6,000 could logically be financed through the use of
general funds because the additional cost represents an improvement of
general benefit. Duck Lake Road, if surfaced, would provide a year
around access road for school buses to and from the school south of
Peterborg Road. The surfacing of Duck Lake Road would also reduce the
cost of maintenance required by the Village to keep the road passable
and dust-free.
III. CONCLUSIONS
The project will cost an estimated $24,700.00 which would be funded
through a combination of direct assessment to 41 RECs, transfer of funds
from the Sewer Project and General Funds.
The project is small enough that it can readily be included as a change
order to the current sewer and water project in the Duck Lake area,
The project will provide permanent, dust-free, more easily maintained
streets which will result in a benefit to the general public as well as
to the properties proposed to be assessed.
The project scope could be reduced by eliminating the paving on Dank
Lake Road, thereby eliminating the need for any expenditure of General
Funds.
SUMMARY OF
PROJECT COSTS AND FUN 13ING
PROJECT NO: STR 73-3-14
DESCRIPTION; Bituminous paved streets in the Pa don Down's Area
COST ITEM
CONSTRUCTION
ENGINEERING 10%
ADMINISTRATIVE IX
SUB TOTAL
CAPITALIZED INTEREST 7%
TOTAL PROJECT COST
AMOUNT
$20,800
2,080
210
$23,090
1,610
$24,700
,Atc---
in U. rate
Finance Director
Village of Eden Prairie
FINANCE DIRECTOR'S STATEMENT
With respect to the feasibility report for Project STR 73-3-14
d
a
t
e
d
April 24, 1973, I find that the proposed method of financing th
e
p
r
o
-
ject is feasible.
(
(
VILLAGE OF EDEN PRAIRIE, MINNESOTA
NOTICE OF PUBLIC IMPROVEMENT HEARING
STREET PROJECT SIR 73-3-14
TO WHOM IT MAY CONCERN:
The Eden Prairie Village Council will meet at the Village Hall, 8950
Eden Prairie Road, Eden Prairie, Minnesota at 7:30 P.M. on Tuesday,
May 8, 1973, to consider the following proposed improvements to be
constructed under the authority granted by Minnesota Statutes,
Chapter 429:
Construction of bituminous pavement on Barberry Lane from Duck Lake
Trail to Peterborg Road, Duck Lake Road from Duck Lake Trail to
Peterborg Road, Padon's Drive from Barberry Lane to Duck Lake Road,
Peterborg Road from Barberry Lane to Duck Lake Road,
Total Estimated Cost $24,700
The area proposed to be assessed for these improvements is as follows:
Padon Down's Addition - Lots 1 and 6, Block 1
Padon Down's Second Addition - Lots 1 through 6, Block 1
Lots 1 through 10, Block 2
Lots 1 through 8, Block 3
Part of Out Lot 1
Section 5, Twp. 116, Rg. 22 - Parcel 1420
Section 8, Twp. 116, Rg. 22 - Parcels 4210, 4220
Publ i shed
Edna N. Holegren
Village Clerk
Published in the Minnetonka • tden Prairie Sun April 26th
and May 3rd, 1973.
PROJECTSTR STR 73-3-14
PRELIMINARY ASSESSMENT ROLL
LOT OR PARCEL
PADON DOWN'S ADDITION
Lot 1, Blk 1
Lot 6,81k 1
OWNER
1973 TAX STATEMENT
Charles Berryman
T. E. Schoenfelder
TOTAL
ESTIMATED
ASSESSMENT
$244
244
PADON DOWN'S SECOND ADDITION
Lot 1 , Blk 1 Richard Jubert
Lot 2, Blk 1
J. J. Brust Sr.
Lot 3, Blk 1
William Gallup
Lot 4,81k 1
D. C. Marble
Lot 5,81k 1
Patrick Casey
Lot 6,81k 1
George Schlechter
Lot 1, Blk 2
Virginia Seiler
Lot 2,81k 2
Robert Novy
Lot 3, Blk 2
Alice Eggert
Lot 4, Blk 2
Darryl Arnold
Lot 5, Blk 2
On Maenke
Lot 6,81k 2
Bail ey Janseen
Lot 7, Blk 2
Gerald Parks
Lot 8, Blk 2 James Cooper Jr.
Lot 9, Blk 2 W. H. Penzel
Lot 10, Blk 2 Julia Randall
Lot 1,, Blk 3 Edsel Horn
Lot 2, Blk 3
S. Jerome Elness
Lot 3, Blk 3
Rogers K. Foster
Lot 4, Blk 3
Wayne Reuss
Lot 5, Blk 3
Marcel Kobberdahl
Lot 6. Blk 3
J. L. Matson
Lot 7. Blk 3
Wayne Podratz
Lot 8. Blk 3
James Touve
Outlet 1
David Grosam
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
244
PROJECT SIR 73-3-14
PRELIMINARY ASSESSMENT ROLL
TOTAL
OWNER
ESTIMATED
LOT OR PARCEL
1973 TAX STATEMENT
ASSESSMENT
SECTION 5, TOWNSHIP 116,..RANGE 22
Parcel 1420
James H. Rogers
11,220
SECTION 8., TOWNSHIP 116, RANGE 22
Parcel 4210
Prairie View School 1 ,952
Parcel 4220 F. I. Pavelka 244
(
I
PROJECT SCHEDULE
DATE PHASE
4/24/73 Present Feasibil ity Report to Counc il
4/20/73 Nail Nqtice of Nearing to Sun
4/25/73 Mail Notice of Hearing to Public
5/8/73 Hold Public Hearing
5/22/73 Approve Change Order
8/1/73 Construction Completed
9/73 Special Assessment Hearing
MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, April 24, 1973 7:30 P.M., 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 Attor-ney,
W. Harlan Perbix and Clerk, Edna N. Holmgren.
I. PRESENTATION OF STAB OF MINNESOTA NATURAL RESOURCE FUNDS IN THE AMOUNT OF
$542,115.00 FOR BRYANT LAKE PARK.
Park & Recreation Director, Marty Jessen presented a check in the amount of
$542,115.00 for 1/2 of the application amount for Bryant Lake Park.
II. MINUTES OF REGULAR MEETING HELD APRIL 10, 1973.
A motion was made by Mr. Penzel to approve the minutes of April lOtla with
the following correction:
Page Three - Item V. (A), Paragraph Two - A motion was made by Mrs. Meyers
to adopt Resolution No. 688 expressing the Council's opposition to the toll
bridge and state the following reasons: the timing is not right fox- Eden
Prairie, upgrading County Road 18 is doubtftil, the impact on Anderson Lakes
and concern that the bill would alter the Minnesota Highway Department'a
current priority schedule for highways 41, 212 and 169. The Council delegate,
the Village Engineer, Carl Jullie to represent Eden Prairie on Friday, April
13th at the Capitol. Mr. Penzel seconded the motion. AU voted aye.
Motion carried.
With this correction, Mr. McCulloch seconded. All voted aye. Motion carried.
III. PUBLIC HEARINGS
A. Edenvale 7th Addition Summerwoods", Zachman Homes/Reeder, Rezoninik
from District Rural to RN 6.5. Ordinance No. 216, First Reading.
Resolution No. 681, Preliminary Plat.
Dick Putnam, Village Planner and Don Peterson, Edenvale presented and
re -viewed the Edenvale 7th Summerwoods" project for 26 clustered sirxgle
family detached dwelling units. Mr. Putnam noted the revised street pattern,
utilizing a loop street connecting the Woodland Drive and Woodhill Drive
rather than the two cul-de-sac plan as originally presented with 31 lots.
Mr • Peterson related that there would be 26 units with 128 parking spaces.
An option of a single or double car garage would be made available.
Pedestrian systems for Edenvale go along the western and southern edges of
the site with a pedestrian pathway that leads down to the recreation area
with tennis courts proposed and the elementary school/park site as well as
the commercial neighborhood center. A play area. space of approximately
200-250 square feet would be non-developed and merely left as open space
and owned by the Edenvale Association. Mr. Redpath asked how this area
could be protected frail being fenced. Mr. Zachmen replied that it could be
done by covenants.
Council Meeting
April 214, 1973
Page Two
A motion was made by Mr. Boerger to close the hearing and adopt the firs
t
reading of Ordinance No. 216 including the recommendations in the Staff
Report dated April 12th and the Engineering Report dated April 12th. Mr.
Penzel seconded. All v -oted aye. Motion carried
A motion was made by Mr. Boerger to adopt Resolution No. 681, approving
the preliminary plat of Edenvale 7th Addition. 11r. Penzel seconded. Al
l
voted eye. Motion carried.
B. Mach 1st Addition. Rezoning from Rural to RI 13.2. Frist Reading,
Ordinance No. 220. Preliminary Plat, Resolution No. 68.
The Council received a petition from 10 adjoining property owners of the
Kakach 1st Addition stating that they did not object to the plat as prop-
osed. Dick Putnam revie ,Yed a projected parkway from Bryant Lake Park to
Birch Inland Park that could serve this project as well as many others in
the Ature. Mr. Putnam then presented the proposed project of a single
family subdivision of 9 lots west of Kurtz Lane. Lot 9 would be deleted to be used as a drainage and open space area. The grading on the site wou
l
d
be kept to a minimum to allow the developer to make building sites and slo
p
e
gradually toward the drainage area, Mr. Putnam felt that the platting
arrangement with the short cul-de-sac is an appropriate way to design these
lots.
A motion was made by Mrs - Meyers to close the hearing and adopt the firs
t
reading of Ordinance No. 220 with the recommendation by the Village Attorn
e
y
to authorize the Village Manager and Mayor to sign an agreement with the
developer not to develop the remaining 7 lots until such time as sewer and water are available. Mr.. Boerger seconded. All voted aye.
Motion carried.
A motion was made by Mrs. Meyers to adopt Resolution No. 686, approving the preliminary plat, Kalcach 1st Addition subject to the following cond-
itions: 1. that Lot 9 be designated an outlot, 2. that the action of the
Planning Commission dated. April 3, 1973 and specifically items 1, 2, 3 & 4 are incorporated in the resolution. Mr. Boerger seconded. All voted aye.
tiotion carried.
C. Shelter Homes Corp., "Eden Farms End Addition -. Rezoning frca Rural to RI 22. First Reading, Ordinance No. 221. Preliminary Plat Approval,
Resolution No. 687.
Dick Putnam, Village Planner, Larry Louka, Shelter Homes Corp. and Peter
Jarvis, DEW reviewed and presented the Eden Farms 2nd Addition project of
12 single family large lots in the Eden Farina Subdivision south of County
Road #3. Topography and the necessary grading of the area, utility plane
and the relationship of this plat to the surrounding area was discussed.
25 feet of land east of the development is proposed to be dedicated as well
as right of way dedication for the future expansion of County Road 4.
Council Meeting
April 24, 1973
Page Three
Mrs. Meyers expressed concern about the 7% and 10% grades proposed on the
plat road which could cause considerable driving problems during the winter
months. Mr. Putnam concurred thett there could be some problems but that the
grade at the intersection with County Road 4 should not create a hazard
when approaching. Kr. Penzel qusstioned the time schedule on the construct-
ion of the realignment of Duck Lamle Trail. Mr. kudos stated that the date
had been set forward from 1973 tca the summer of 1974- Mr. Penzel asked
what assurance the Village had tbat this would be the actual completion
date. Mr. Lonka replied that a bond could be provided setting a date of
October 1, 1974 for completion.
A motion was made by Mr. Penzel to close the hearing and adopt the first
reading of Ordinance No. 221. Mr. kerger seconded. All voted aye. Motion
carried.
A motion was made by 1r. Penzel to adopt Resolution No. 687 approving the
preliminary plat of Eden Farms 2rad Addition including the recommendations
of the Planning Commission dated .Anril 3, 1973 as follows:
1. Recommend to Village Council that the 12 lot single family detached
subdivision proposed by Shelter Homes Corp. be rezoned from District
Rural under Eden Farms RFD to RI 22 in conformance with the revised
plan submitted March 30, 1973.
2. Recommend approval of the preliminary plat for the 12 lot subdivisior
proposed by Shelter Homes Corporation, with the recommendations of
the Village Engineer's Report dated March 28, 1973.
3. Require the acceptable hording for the construction of the realigned
Duck Lake Trail be completed prior to constriction of the single
family cul-de-sac in the _large lot subdiviion proposal to insure
that such a realignment will be accomplished by October 1, 1974.
. Boerger seconded. All voted aye. Motion carried.
IV. PETITIONS, FtEQUESTS & COMMUNICATIONS
A. Petition for Storm Sewer Feasibility Study for Neill Lake Area. The
Preserve, Homart Development Co., Eden Land Corp. and Possibly Olympic
Hills Golf Course.
Upon the Manager's recommendation, Mr. Penzel made a motion to receive the
petitions and deposits and adopt Resolution No. 693 authorizing a feasibility
study for Project ST1; 73-4-17. Mrs. Meyers seconded. All voted aye. Motion
carried.
B. Petition for Street and Utilities in Round Lake Area. Eliason Builders,
Inc. Request for Improvements in Proposed Round Lake Parkway.
A motion was made by 1,r. Penzel to receive the petition from Eliason Builders
Inc. and adopt Resolution No. 69 1+ authorizing a feasibility study for Proj-
ects SAN 73-7-01 and WM 73-8-02. Mrs. Meyers seconded, All voted We.
Motion carried.
Council Meeting
April 24, 1973
Page Four
C. Petition for Improvements to Scenic Parkway. New Town De
v
e
l
o
p
m
e
n
t
,
I
n
c
.
rovements on Scenic ,Parkway Between Mitchell Road and Shelter Corp.
Property.
A motion was made by Mrs. Meyers to receive petition from N
e
w
T
o
w
n
D
e
v
e
l
o
p
-
ment Inc. for improvements on Scenic Parkway and to refe
r
t
o
V
i
l
l
a
g
e
E
n
g
i
n
e
e
i
for incorporation with current study for Project STR 72-3
-
2
2
.
M
r
.
P
e
n
z
e
l
seconded. Al]. voted aye. Motion carried.
D. Petition for Vacation of a Portion of Franlo Road. The P
r
e
s
e
r
v
e
.
Resolution No. 695.
A motion was made by It% Penzel to receive the petition fr
o
m
T
h
e
P
r
e
s
e
r
v
e
and adopt Resolution No. 695 ordering a hearing on May 2
2
,
1
9
7
3
f
o
r
v
a
c
a
t
i
o
n
of that portion of Franlo Road through the proposed plat o
f
W
e
s
t
w
i
n
d
A
d
d
n
.
Mr. ScCulloch seconded. All voted we. Motion carried.
V. RESOLUTIONS t ORDINANCES
A. St. John's Wood Addition. Final Plat Approval, Resolutio
n
N
o
.
6
9
0
.
A motion was made by Mrs. Meyers to adopt Resolution No. 690 approving
t
h
e
final plat of St. John's Wood Addition including the 5 rec
o
m
m
e
n
d
a
t
i
o
n
s
i
n
the Village Engineer's Report dated April 19th. Mr. Pe
n
z
e
l
s
e
c
o
n
d
e
d
.
A
l
l
voted aye • Motion carried.
B. Duck Lake Estates Addition. Final Plat Approval, Resolut
i
o
n
N
o
.
6
9
1
.
A motion was made by hr. Penzel to adopt Resolution No. 69
1
a
p
p
r
o
v
i
n
g
t
h
e
final plat for Duck Lake Estates .Addition including the
14 recommendations
'by the Village Engineer in his report dated April 19, 19
7
3
.
M
r
s
.
M
e
y
e
r
s
seconded. All voted aye. Motion carried.
C. Resolution No, 689 Urging the State legislature to Increa
s
e
t
h
e
A
m
o
u
n
t
of Natural Resources Funding for Local Governments in Par
k
a
n
d
O
p
e
n
Space.
A motion was made by Mr. Penzel to adopt Resolution No. 6
8
9
a
s
r
e
c
a
n
m
e
n
d
e
d
by the Park C. Recreation Director, Marty Jessen. Mrs, Mey
e
r
s
s
e
c
o
n
d
e
d
.
All voted aye. Motion carried.
D. Resolution No. 696, Allowing for Additional Participants
i
n
t
h
e
R
e
c
i
p
r
o
.
cal Fire Service Agreement.
A motion vas made by Mr. McCuLloch to adopt Resolution No
.
6
9
6
a
s
r
e
c
o
m
m
e
n
d
e
e
by Public Safety Director, Jack Hacking in a report dated
A
p
r
i
l
2
0
,
1973.
Penzel seconded. All voted aye. Motion carried.
Council Meeting
April 24, 1973
Page Five
VI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Reports of Village Engineer:
1. Receive Feasibility Report on Project STR 73-3-14. Bituminous
Paving on Barberry Lane, Duck Lake Road, Padon Drive and Peterborg
Road. Resolution No. 692.
A motion was made by Mr. Fenzel to receive the feasibility report and adopt
Resolution No. 692 ordering a public hearing for Project STR 73-3-14 on
May 8, 1973. Mrs. Meyers seconded. All voted aye. Motion carried.
2. Accept Streets and Utilities in The Preserve and Release Bonds
Therefore.
A motion was made by Mr. Fenzel to accept for continous maintenance the
public streets and utilities constructed in High Point First and Second
Additions under The Preserve Contract No. 's 71-1, 71 -2, 72 -1, 72-2, and
72-3 and to release bonds issued by St. Paus.1 Fire & Marine Insurance Co.
numbered 1400cx8732, 400d52026 and 400dj4361_ and to reduce Bond No. 1400cz8036
to $67,000 subject to receipt of a one-year maintenance/warranty bond
commencing 11/1/73. Mrs. Meyers seconded. All voted aye. Motion carried.
3. A_pnrove Change Orders on Orfei & Sons Contract.
A motion was made by Mrs. Meyers to amend construction contract with Orfei
t Sons, Inc. dated December 10, 1971 for sewer and water Sections II and III
by approving and adding thereto Change Orders No. 1 and 2 dated April 2,
1973 in the net amounts of $27,560.73 decrease and $55,117.06 increase
respectively. Mr. Penzel seconded. On roll call, all voted aye. Motion
carried.
Li.Avreernent for Engineering Services with Rieke, Carroll, Muller
Assoc., Inc. Projects Assigned Between April 1, 1973 and September
1, 1973.
A motion was made by Mrs. Meyers to authorize the Mayor and Village Manager
to enter into a contract dated April 4, 1973 with Rieke, Carroll, Muller
Associates, Inc. for engineering services. hr. McCulloch seconded. All
voted aye. Motion carried. — '
5. Authorize Installation of 16 Valve at Reservoir Site.
A motion was made by Mr. McCulloch to accept the low quotation from Scan
Construction Co. in the amount of $1,600 for installation of a 16" valve
at the reservoir site. Mr. Fenzel seconded. On roll call, all voted aye.
Motion carried.
6. Report on Minnesota Senate Transportation Connittee Rearing on
Toll Bridge Bill.
The Council received the memo dated April 1.6, 1973 fron the Village Engineei
Carl Jullie. He reviewed the hearing on Friday, April 13th can the proposed
Hennepin-Scott-Minnesota Valley Toll Bridge Bill. The Mayor thanked him
on behalf of the Council for attending and presenting the Village's positior
on the bill.
• • Council Meeting
April 24, 1973
Page Six
B. Report of Public Safety Director:
1. Report on Holly Road Traffic Count.
The report dated April 18, 1973 was received and filed.
C. Report of Village Clerk:
1. Village Clerk's Recommended License Application List.
A 'notion was made by Mrs. Meyers to approve the Village Clerk's recommended
license list dated April 24, 1973. Mr. McCulloch seconded. All voted aye.
Motion carried.
D. Report of Village Manager:
The Manager reminded the Council that the Board of Review meets at the
Village Hall at 7:30 P.M. on May 10, 1973 and the Housing Task Force
meets at the High School Cafetorium on May 3rd at 7:30 P.M. He also
noted that there will be another Newsletter mailing on May 8th or 9th
and to submit any items that they have to insert.
The Manager reported to the Council that the Village Clerk had resigned
as of May 1st.
Mr. Penzel made a motion proclaiming April 29th as "Honey Sunda,y", a JC
project. Mr. Redpath seconded. All voted aye. Motion carried.
VII. BIDS
A. Authorization to Solicit and Accept Quotations for Phase I Landscaping
at Forest Hills School/Park, With an Estimated Cost of Leas Than $5,000.
A motion was made by Mn. Penzel to authorize the Village Manager to solicit
and accept the best quotation for landscaping at the Forest Hills School/
Park site. Mr. Boerger seconded. On roll call, all voted eye. Motion
carried.
VIII. FINANCES
A. Payment of Claims No. 1774 through 1846.
A motion was made by . Mr. Penzel to approve payment of claims No. 1774
through 1846 for payment. Mr. Redpath seconded. On roll call, all voted
aye. Motion carried.
Meeting adjourned at 11:30 P.M.
Edna M. Nolrgresa, Clerk
5/1/73 Planning Commission Meeting
B. Condor Corporation, Request Rezoning to 1-2 Industrial Pa
r
k
f
o
r
l
a
n
d
west of ilashington Avenue and south of Valley View Road.
Staff reports and recommendations.
Mr. Putnam gave a slide presentation showing the proposed s
i
t
e
a
n
d
surrounding land. Ile indicated that the Comprehensive Guid
e
p
l
a
n
i
s
not to be taken literally. He felt that the entire area nee
d
s
t
o
b
e
reevaluated as to use with an outside consultant enlisted.
:
1
o
p
e
f
u
l
l
y
such a study could be completed sometime this sumer. The re
c
o
m
m
e
n
d
a
t
i
o
n
s
of the Planner and Engineer ware explained by Mr. Putnam.
Mr. Saluda, representing Condor, said that Condor was in agreem
e
n
t
w
i
t
h
the recommendations and the reports. Condor would be phas
i
n
g
t
h
e
i
r
development with Building 3 in the last phase.
Mr. Halley, an adjacent landowner, informed the Commission of
h
i
s
favorable feeling toward the rezoning and of hi s objection
s
t
o
t
h
e
rear-loading concept that Condor proposed.
Action Taken:
A motion was made by Mr. Teslow to recommend to the Council a
p
p
r
o
v
a
l
of rezoning to 1-2 Industrial Park for land west of Itashington
A
v
e
n
u
e
and south of Valley View Road wi ta the Staff and Engineering
r
e
p
o
r
t
s
'
recount:11de t ions. Mrs. Schee seconded.
Mr. Putnam assured Mrs. Meyers that an agreement between Edi
n
a
a
n
d
Eden Prairie was reached regarding sewer and water service
f
o
r
t
h
i
s
area.
The motion carried unanimously.
PLANNING STAFF REPORT:
Date:
Project:
Applicant:
Request:
Refer To:
May 1, 1973
Office/Warehouse Building Proposed on Washington Avenue
Condor Corporation
Rezoning to 12 Park for the westerly 370 feet of the parcel
located on Washington Avenue
Preliminary Planning Report on Smetana dated April 13, 1973,
and the Engineer's Report dated May 1, 1973, and Plan
Booklet dated March 3, 1973, presented by Condor
COMMENTS:
The constraints for industrial development on this site have been discussed in
the Engineering Report dated May 1, 1973, related to the extension of water and
sewer connecting with the Edina system on Washington Avenue and the current
uncertainty related to the final grades of the mined areas on the north, west, and
south sidsof said property. The lack of an overall grading scheme for the total
industrial area as well as the land to the west must be accomplished prior to any
further rezonings back from Washington Avenue which would affect Condor's
property as well as others adjacent to the 400 ft. strip. The extension of zoning
to a depth of 505.04 ft. from Washington Avenue, which is an extension of 105.04 ft.
over the existing 12 zoning, seems appropriate on this site due to the level
character of that land as well as the proposed building plans for buildings A and B
fronting on Wa shington.
The remaining 270 ft. west of the 500 ft. fronting on Washington Avenue can not be
rezoned at this time. Grading, utility, and land use information is inadequate
. for the adjacent and related parcels. However, the ability to utilize this
property in the future for industrial/office/warehouse use does seem to be appropriate
given the existing graveling and grading work that has been accomplished as well
as the proximity to existing industrial uses. The final building configuration can
not be determined at this point and may not resemble that presented in the March 3,
1973, submission.
RECON1MENDATI0NS:
1. That the westerly 105.04 ft. adjacent to the easterly 400 ft. of the Condor
Corporation parcel be rezoned to 12 Park in conformance with the existing
Zoning Ordinance No. 135.
2. That the 11.9 acre parcel be divided into two separate parcels with only the
easterly 505.04 ft. in depth be rezoned 12 at this time.
3. That the buildings proposed on the easterly two parcels conform with all
standards of the Village ordinances related to industrial districts, such as
site coverages, setbacks, etc.
4. The Engineering Staff Report dated May 1, 1973, and its recommendations
1 through 4.
DP
May 1, 1973
,TO: Planning and Zoning Commission
A FROM: Carl Jullie, Village Engineer
THROUGH: Robert Heinrich, Village Manage
RE: Condor Corporation Development Plans
(Parcel 1310, Section 12, T. 116, R. 22)
Condor Corporation has submitted a site plan dated 3/3173 for development
of an 11.4-acre parcel which abuts the west side of Washington Ave. and is des-
cribed as parcel 1310, section 12, T. 116, R. 22 (location map attached). The
property involved is zoned I2-PRK ( Industrial Park - 2 acre min.) over the
easterly 400 feet and rural for the remainder. Extensive gravel mining by B & R
Rock Co. has destroyed the natural topography of all but the westerly end of the
property.
The developer proposes a division of the property into three parcels, each
less than 5 acres. A large warehouse type, industrial building would be located
on each resulting parcel. The proposed grading plan calls for removal of the re-
mainder of the hill form at the west limits of the property. It is difficult
at this time to assess the impact of the grading plan because final contours are
not available for adjacent properties which are now being mined for gravel by B & R
Rock Co.
Sanitary sewer and watermain service is available from the existing utilities
on Washginton Ave. for only the easterly 400 feet of the property. A cooperative
agreement with the Village of Edina prevents arbitrary expansion of the service
area to include the proposed third building at the west end of the property. We can
project that complete utility service will be available to the property within 2 to
3 years.
Due to the uncertainty of land use and grading contours of adjacent properties
and because of the limitation on utility service, vie recommend the following:
1. Di vide the property into two, 5-acre parcels, both fronting on Washington
Ave.
2. Rezone the west 100 feet of the east 500 feet of the property so that 2
of the 3 buildings could be constructed at this time as proposed.
3. Thirty foot wide street and utility easements should be provided adjacent
to all property lines.
4. Further subdivision and rezoning of the residue of the property can be
considered at some future time when utilities are available and surrounding
land use is determined.
CJ:jr
roztav,tfik.
Nine Mile Creek Watershed District
4344 OS CENTER
MINNEAPOLIS, MIN NESOTA 55402
April 23, 1973
TO: Hennepin County Board of Commi se.;oners,
Nine Mile Creek Advisory Board, Local
Municipal Officials, Area Lagialators
and Other Intsrested Parties Within the
Nine Bile Creek Watershed District
Gentlemen:
Eacloosed for your review is a copy of the 1972
Annual Report of the Nine Mile Creek Watershed District.
Any suggestions or comments that you might have concerring
the activities and programs being conducted by the managers
wou2.d be greatly appreciated.
Very truly yours,
'73me5 A. Jo -,es
Prom ident
JAJ/ded
Enclosures
ANNUAL REPORT FOR 1972
NINE HILE CREEK WATERSHED DISTRICT
The names, addresses and terms of the present managers are:
Address
8900 Normandale Road
Bloomington, Minn. 55431
2225 Overlook Drive
Bloomington, Minn. 55431
534 - 16th Avenue South
Hopkins, Minnesota 55343
6509 Baker Road
Eden Prairie, Minn. 55343
6060 Olinger Circle
Edina, Minnesota 55436
Name
James A. Jones
Frank V. Laska
William A. Jeske
Russell C. Marsh
John R. MacLennan
Term Expires
September 29, 1974
September 29, 1975
September 29, 1973
September 29, 1974
September 29, 1975
The present officers are:
James A. Jones
John R. MacLennan
Frank V. Laska
William A. Jeske
President
Vice President
Secretary
Treasurer
The names and addresses of the advisors are:
Mr. Wallace E. Neal Mr. A. Hallock Seymour
11016 Glen Withing Lane 2600 West 102nd Street
Bloomington, Minnesota 55431 Minneapolis, Minnesota 55431
Mr. Sam H. Hobbs
Director of Public Works
Bloomington City Hall
2215 West Old Shakopee Road
Bloomington, Minnesota 55431
Mr. Patrick N. Kennedy
District Conservationist
Hennepin Soil and Water
and Conservation District
7711 Country Club Drive
Minneapolis, Minnesota 55427
Mr. Marshall Raaen
Project Engineer
City of Richfield
6700 Portland Avenue South
Richfield, Minnesota 55423
Mr. Roger Ulstad, Manager
Westbrook Apartments
823 Old Settlers Trail •
Hopkins, Minnesota 55343
Mr. Robert Dunn
Edina Village Hall
4801 West 50th Street
Edina, Minnesota 55424
Mr. Frank T.. Lamm
Envirorunentel Engineer
Metropolitan Council
Metro Square Building
Seventh' and Robert Streets
St. Paul, Minnesota 55101
Mr. Arlie D. Reagan
Metropolitan Council
Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
2
Citizen and Government Contract
The activities of the managers have continued to increase
during 1972. In addition to the 20 regular and special meetings
of the District, the managers have worked with municipal natural
resource and environmental commissions and community citizen
groups in an effort to inform all groups of the work of the
District. The managers attended a number of workships and meetings
designed to encourage exchange of information and ideas and better
coordinate the activities of cooperating groups. They participated
in a seminar on watershed planning sponsored by the Metropolitan
Council and the Minnesota Association of Watershed Districts which
permitted a worthwhile exchange of ideas with watershed, Metro-
politan Council, municipal officials and interested citizens.
Periodic field trips are taken to stay informed particularly on
sites of major projects.
Participation in a field trip sponsored jointly by the
Hennepin County Soil and Water Conservation Districts and the
Minnesota Association of Watershed Districts gave everyone the
opportunity to observe and discuss particular soil erosion
problems throughout the area and emphasized the need for enact-
ment of soil erosion ordinances.
The need for coordinated action among the watershed
districts of the metropolitan area has been growing and in
recognition of this need Manager Marsh was requested to work
with representatives of adjacent watersheds and the new officers
of the state association. This cooperation and exchange of
ideas among the metropolitan watershed districts should greatly
3
aid individual districts in formulating and administering
policies, plans and projects. The group intends to monitor
1 973 legislative proposals.
Joint meetings of the Bloomington Natural Resources
Commission, the Edina Environmental Commtssion and the Nine
Mile Creek Watershed District were held. Continued efforts
are being made to obtain the input of these groups.
The citizen advisory groxaps organized outside the formal
advisory structure of the watershed law continue to be very
effective in stimulating public awareness of the water and
related land management problems of the district. Residents
of the district are excellent sources of information and sug-
gestions for activities to be undertaken by the managers.
Permit Activity
As urbanization is being completed in Edina, Hopkins
and the close-in suburban communities, there is increased
pressure for development of the remaining marginal land areas
of such communities. In addition, in Eden Prairie the number
of permit applications has increased proportionately to the
development. Each application is reviewed to determine that
it conforms to the overall plam and construction policies of
the District, provides necessary erosion and siltation controls,
and does not encroach upon the flood plain. Often the managers
make suggestions for modifications of development proposals to
protect open space and wildlife areas. While zoning of land
is the responsibility of municipalities, the managers evaluate
land development proposals from the viewpoint of the impact
upon water and land areas of the District. The District
program and scope of review of applications was enlarged in
1972 to require the details of creek crossing in terms of
water diversion and sediment and siltatiqn control plans , to
be utilized by the developer during the construction phase of
development proj ects. It was also decided that the District
Engineer should make inspections of the work during the
course of construction.
Because of extensive municipal improvements during the
year many applications for creek crossings by utilities and
removal of culverts were reviewed. Major sanitary sewer
construction projects were approved for Bloomington, Eden
Prairie, Edina and Minnetonka. The managers work with the
engineers for the municipalities in working out a plan to
minimize damage to the creek particularly where design is
difficult due to steep slopes and confined areas. A proposal
by the Village of Minnetonka to lay the Wing Lake Sanitary
Sewer in the bed of the lake rather than removing a grove of
trees is presently being explored. If such an approach is
feasible it would eliminate the necessity of disrupting the
natural area near the lake even though the lake would be
temporarily lowered. Such alternatives are explored in order
to minimize the impact of construction on land and water areas.
Following are some examples of developments reviewed
by the managers during 1972. An office park development was proposed
for the area between Washington Avenue and County Road 18 at-the
Edina-Bloomington border. Because previous efforts were stopped
the developer worked with the citizens and the managers on a
5
total design that included clean out of silt from the creek. The
bridge site and creek crossings were a problem and much work
went into planning proper utility service to the second building
and development of sediment ponds which were both functional
and aesthetically pleasing.
Another project approved in 1972 was an apartment
development at 84th and Normandale. When application was first
made to the managers the plans indicated excessive encroach-
ment into the flood plain. Because HUD funds were being
requested for the project it was referred to the managers
by the Metropolitan Council. Meetings were held with the
construction company and the Ci ty of Bloomington; various
topographic maps were reviewed, and consideration was given
to the possibility of excavating a pond adjacent to the site
for aesthetic enhancement of the area. In July an acceptable
plan was agreed upon and the application was approved.
One project of special satisfaction to the managers
was the approval and construction of a bridge across Nine Mile
Creek to serve the Londonderry Townhouse Development in the
Village of Edina. While the culvert proposed would have been
sufficient to meet the hydaulic requirements of this crossing,
because of aesthetic concern, the owner worked on alternate
designs and he received approval of a bridge. Such a substantial
expenditure in order to maintain and improve the aesthetic
setting at the point of the creek crossing is to be commended.
The managers are now working on the remaining problem a difference
6
with the owner over handling of surface water and installation
of siltation controls.
The Normandale Tennis Club wanted to enclose their tennis
court and intended to construct additional parking area as
required by the Bloomington ordinance. 'the managers were con-
cerned about the surface water drainage problems and the unnecessary
disruption of the land. Through meetings and suggestions of the
managers the problems were resolved. The City of Bloomington
did not require the additional parking; a pond was excavated to
receive the surface water and a needless encroachment upon the
flood plain was avoided. Upon completion of the project the
Bloomington Environmental Commission reported very little impact
on the creek. Additional plantings are to be made to minimize
any erosion.
The Minnesota and Hennepin County Highway Departments have
projects underway for State Highway 169 and plans or work is in
progress for installation of pond areas or siltation basins as
part of the highway design. One such basin located at the
intersection of Highways 494 and 100 would include devices to
control and collect oil and other material that might be accidentally
discharged to the stream. These plans are analyzed by the managers
and recommendations made to state and county officials before the
project is started.
Overall Plan
The Metropolitan Council staff reviewed and commented upon
the overall plan formulated during 1971 and submitted by the District
late in the year for approval. Several discussions were held
with the Council and its staff and a hearing was held May 18
before the Referral Connittee of the Metropolitan Council. On
June 27 the managers made their presentation of the revised
overall plan at a public hearing before the Minnesota Water
Resources Board. The managers submitted a visual and written
report identifying the last ten years of effort and the progress
which was made. They explained the Distiict's flood plain
identification program and flood profile which conforms to
the standards of the Department of Natural Resources. This
information is made available to municipalities adopting flood
plain and marsh land ordinances.
Following the Water Resources Board hearing on the overall
plan, hearing additional revisions to the plan were discussed with ti
state board. It is hoped that the plan will be approved early
in 1973.
Education -al and Informational Programs During 1972
The need to acquaint individual citizens and taxpayers
throughout the district with the functions and operations of
the watershed district was recognized by the managers and considera.
tion was given to ways in which this might be accomplished. Among
the suggestions offered were publication of a brochure or news-
letter. These and other possibilities will be explored further
during the coming year with the present intention to publish and
distribute a brochure.
The minutes of managers meetings are mailed to the
Advisory Committee, municipalities and interested citizens.
Copies of the 1971 annual report were supplied to libraries, the
Department of Natural esources, the Water Resources Board and
the Minnesota Public Examiner.
The managers continue to work with municipalities to
8
assist the municipalities in the enactment of flood plain, marsh
and soil erosion control ordinances. During 1972 the ordinances
of several municipalities were reviewed by the attorney.
Results of two cooperative studies initiated by the District
were received and distributed to all interested parties during
1972. The first of these was an identification of potential
water problems and guidance for expected development in the
land--Dush—Anderson Lakes area. The second was an expansion
of the initial Mud Lake area project proposal to identify
additional alternatives for marsh area preservation.
Data Collection Program
This is a continuing program which provides information
about water quality, rainfall, run-off arid water discharges.
Water quality samples are taken from the creek and selected
lakes. Ground water observation wells and lake gauges are read
monthly while precipitation gauges are read as required.
The managers have continued their data collection program
to obtain information on ground and surface waters and they
work closely with municipal and state off icials on water quality
programs. Data collected each year, together with the information
from previous years, provides accurate records of water quality,
rainfall, run-off and water discharges.
We are pleased to report that water biota samplings
taken from Nine Mile Creek during 1972 indicate water quality
of a high degree. A request has been made of the Department of
Natural Resources for stocking the creek with fish.
9
•-• •••
The managers have been working with municipal officials
to obtain information about the flood plain and expected water
discharges. They are presently Working with the Pollution
Control Agency in an effort to better coordinate exchange of
information and to establish a coordinated procedure for handling
discharges which have been chemically treated. This program
will continue in 1973. While discharges of cooling water may
be acceptable to the PCA it may not be proper to do so if the
fish stocking program is to succeed.
At present the District makes an annual payment to the
Department of Natural Resources for operation of the stream
gauging station. The managers are investigating the possibility
of their operating this station thus providing the District with
faster readings at a lower cost.
Three abandoned wells have been discovered within the
District. Two of these wells go into the Jordan ground water
aquifer and would be excellent additions to the sites already
included in our data collection program. The managers are
exploring the cost and financial implication if assumed by the
Distric t.
Open Space and Nature Areas
Municipalities are placing greater emphasis on the need
for retaining open space areas and wildlife preserves. The
Village of Eden Prairie is presently negotiating for areas to
be used as wildlife preserve and a municipal horse stable.
The managers have been working with the Bloomington
Natural Resources Commission on a number of projects including
regulation of off-road motor vehicle use, stabilization of creek
10
banks, control of erosion, improvement of habitat for fish and
wildlife and a tree planting program. Other inquiries have
been received concerning the tree planting and vegetative
development program for public land areas adjacent to Nine
Mile Creek and it is expected that other communities will be
cooperating in this worthwhile undertaking.
The Village of Edina and the City of Hopkins have
initiated action on an open space corridor project which would
provide a biking and hiking pathway along Nine Mile Creek and
around Mud Lake. Since requests for state and federal funding
may not be successful the managers intend to work with the
municipalities to find a way this project can proceed by acting
under the Watershed Act particularly Section 112. 61 the general
tax levy provision.
A review and analysis of the Mud Lake area, financed
two-thirds by the Watershed District and one-third by Edina, was
completed in 1972. Overall plans of the District designated
Mud Lake as an essential water storage site; however, land
use and social value changes in the intervening years resulted
in Edina exploring the possiblity of combining the storage site
with a marsh lake nature area.
This study indicated such a use might be feasible if
restrictions could be maintained on use of land upstream. After
circulation of this report, a more broadly based task force is to
be established to make specific recommendations regarding the
three major alternatives which are: (1) leave area in its natural
state, (2) develop a nature study or interpretation area, or
(3) construct a recreation lake with park and recreational facilities.
1 1
Hopkins Flood Plain Land Acquisition
The City of Hopkins requested the financial assistance
of the managers to purchase a 20-acre site in south Hopkins.
The City had already purchased 21 acres and the managers con-
sidered this a worthwhile program, however, they were concerned
that such financial assistance should not be isolated from the
need for an overall land development program which should be
carried out jointly by Hopkins and the Village of Minnetonka;
however, the City of Minnetonka does not presently have the
same concerns as Hopkins. Hopefully a joint project involving
the Cities of Hopkins and 'Minnetonka can be developed in 1973.
A flood plain map has been adopted by Hopkins and the
managers have been working on an agreement with the City for
the acquisition, dedication and control of the flood plain
lands in the south Hopkins area. Details of the requirements
set by one property owner were still being explored at the end
of the year. Thus the matter of this grant application will
be carried forward to 1973.
Advisory Committee
Early in the year the possibility of enlarging the
Advisory Committee was explored. It was agreed that the committee
should include an additional local governmental representative
and at least one citizen representative from each of the muni-
cipalities of the District plus representatives from special
governmental units such as the Metropolitan Council and the
Hennepin County Soil and Water Conservation District. This
enlarged committee should provide the managers with valuable
12
assistance through initiating and sponsoring activities, programs
and projacts which are funded by the watershed district.
Flood Plain Eap and Profile
After the managers updated and revised the District's
flood plain map and profile they distributed the maps and other
data to the municipalities to aid in the development of uniform
flood plain ordinances where each municipality adopts the
District' s flood plain map as a part of their local ordinances.
Since the District flood frequency differs slightly from the
state criteria for watercourses in general, the Village of
Edina requested that the District commence the necessary
investigation to determine the proper flood plain of Nine
Mile Creek in Edina. The managers have met with Edina officials
and representatives of the Department of Natural Resources in
an attempt to coordinate this information and resolve any re-
maining difficulties.
Miscellaneous
The managers continue to stay informed of possible
problem areas such as sanitary landfills and are working more
closely than ever with the Department of Natural Resources and
other agencies.
The Interim Legislative Committee for the Minnesota
Legislature made findings and recommendations regarding a wide
range of topics covering water policy and agencies dealing with
Minnesota's water resources. Various proposals are now under
consideration regarding reorganization of state, regional and
local agencies dealing with natural resources.
13
. Representatives of the Department of Natural Resources
have indicated that a statewide written policy on water res
o
u
r
c
e
s
is now being formulated.
Glen Lake and Shady Oak Lake have reported low water levels
due to dewatering in areas adjacent to sanitary sewer con-
struction. It is expected that such problems are temporary.
The watershed district's engineering consultant, Barr
Engineering Company, was the recipient of the 1972 Improveme
n
t
Design Award for their work on the Marsh Lake project. The
r
e
c
e
i
p
t
of this award reflects credit upon the District and its engi
n
e
e
r
-
ing consultant.
The watershed district's legal consultant is Popham, Haik,
Schnobrich, Kaufman & Doty, Ltd.
All financial transactions are recorded in the minutes
of the meetings of the managers, including the dates and am
o
u
n
t
s
of expenditures, the person receiving payment and the purpo
s
e
for which payment is made. The treasurer keeps a record o
f
a
l
l
financial transactions and the Northwestern National Bank o
f
Bloomington-Richfield is the official depository. The books
of the District have been audited, and a copy of the audit h
a
s
been forwarded to the State Public Examiner.
Dated: March 21, 1973. ,1/espectfully submittAd,
(James A. Jones
vPresident
14
Riley-Purgatory Creek Watershed District
8950 COUNTY ROAD P4
EDEN PRAIRIE, MINNESOT A 55343
April 16, 1973
The Honorable Paul Redpaath
& Village Council
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 5534 3
Gentlemen:
We are pleased to send you a copy of the Riley-
Purgatory Creek Watershed District's 1972 Annual Report.
The managers believe that 1972 was a productive year for
watershed district activities. We look forward to your
continued interest in our watershed district and we would
be happy to answer any questions you have about our past
activities and future goals and objectives.
Very truly yours,
Riley-Purgatory Creek Watershed District
,1)312251•Ied
.
-'
owar L Peterson
President
ELP/nj
Enclosure
Annual Report for 1972
RILEY-PURGATORY CREEK WATERSHED DISTRICT
The names, addresses and present terms of the managers are:
Howard L. Peterson
Donald F. Pennie
Howard Merriman
Conrad B. Fiskness
7021 Duck Lake Road Term expires
Eden Prairie, Mn. 55343 7-30-73
9599 Bluff Road Term expires
Eden Prairie, Mn. 55343 7-30-75
Route 3, Box 116
Chaska, Minn. 55318
8033 Cheyenne Trail
Chanhassen, Mn. 55317
Term expires
7- 30-74
Term expires •
7-30-73
The present of ficers are:
Howard L. Peterson President
Donald F. Pennie Vice President
Howard Merriman Treasurer
Conrad B. Fiskness Secretary
On December 27, 1972, Mr. Conrad B. Fiskness was appointed
by the Carver County Board . of Commissioners to fill a vacancy on
the Board of Managers created by Mr. Ray C. Peterson's departure.
Mr. Fiskness took his oath of office on January 3, 1973. There pre-
sently exists one other vacancy on the district's board resulting
from the resignation of G. Duane Hell of Hennepin County.
During 1972, the managers continued to hold regular monthly
meetings on the first Wednesday of each month at the Eden Prairie
Village Hall. In addition to these twelve meetings, the managers
held three special meetings for the purpose of considering and
adopting its official overall plan. The managers also sponsored a
field trip held in the fall of the year to view various projects and
programs of which the managers were involved in throughout th e year.
Overall Plan
A major- accomplishment of the managers in 1972 was the
adoption and submission to the Water Resources Board of the district's
overall plan. The managers spent over two years in preparing its
overall plan. Throughout this time, numerous formal and informal
meetings and discussions were held with the district's advisory
committee members, municipal officials, and private citizens and
developers in order to achieve a diverse and complete input into
the formalization of the overall plan.
Model Ordinances and Proposed Rules and Regulations
As appendages to its overall plan, the managers drafted model
ordinances and proposed rules and regulations for distribution and
comment upon by citizens and municipal officials living and working
within the district. As a result of the district's shown interest
in promoting the adoption of local ordinances dealing with flood-
plains, wetlarads, marshes, and open spaces, the managers were called
upon to review various proposed local municipal ordinances like the
City of Minnetonka' s wetlands ordinance and the Village of Eden
Prairie's floodplain ordinarces.
Cooperative Studies and Programs
The managers were also involved in 1972 with discussing with
municipal officials various park and open space concepts being
considered by individual municipalities. Both the Villages of Eden
Prairie and Chanhassen are considering lineal park corridors which
would involve portions of Riley and Purgatory Creeks and various
waterbodies in such park concepts. The managers encouraged and
2
supported the municipalities in these efforts and indicated their
willingness to participate to coordinate the district's water
management policies with the establishment of park systems which
include portions of watercourses and waterbodies within the
district's boundaries.
Another program initiated by the managers during 1972 was a
cooperative study with the Hennepin County Park Reserve District
regarding Hyland Lake in Bloomington, Minnesota. The purpose of
the study, which is being conducted by the district, is to determine
and evaluate for the Park Reserve District the water quality and
recreation potential of Hyland Lake.
In the northerly portion of the district, the managers are
participating with the City of Minnetonka in making a detailed study
of future land and water development and regulation for the entire
area surrounding the intersections of Highways 7 and 101 in Minne-
tonka. The district recognizes the need to develop a comprehensive
and permanent solution for the development and regulation of the
floodplain of Purgatory Creek in this area inasmuch as the basic
water management programs and policies for the entire district are
affected by this subwatershed lying within the district. It is
hoped that this cooperative study will result in establishing large
range development guides for both the City and the district.
Land Development
The managers continued in 1972 their practice to review and
comment upon land development proposals within the district. As
part of their review procedure, the managers initiated this year
the requirement that sediment and erosion control measures, includ-
3
'
ing creek diversion plans during construction, must be included in
the plans and specifications submitted to the managers for approval.
The managers have indicated that all proposed developments within
the district, regardless of their proximity to watercourses and
waterbodies, should be submitted to the district for review in
order that the problem of upland erosion and siltation into the
waters of the district may be attacked.
Land developments reviewed by the managers during 1972
included regional shopping center developments, planned unit
developments, major utilities installations, and local and regional
government developments.
Data Collection Programs
In 1972, the managers again carried on extensive data col-
lection programs to inventory, catalogue, and disseminate data on
various facets of the hydrology and cycle occurring within the
district boundaries. Regular ongoing data collection programs
budgeted for 1972 included precipitation monitoring, water quality
monitoring, stream flow measurement, ground water observation,
stream water quality monitoring, and lake 'level monitoring. The
statistical data collected by the district is primarily catalogued
in the district engineer 's annual report and distributed to munici-
palities, government agencies, and interested citizens within the
district.
In addition to the district's regular hydrologic data collec-
tion programs, the managers continued the in-depth study of Lake
Riley. They also expanded this type of extensive study of one lake
and its water quality and quantities to include four other major
4
lakes within the district - The managers intend to rotate these
in-depth studies of the district's waterbodies on an annual basis
so that every three or four years a complete hydrology study of all
major lakes will be completed and made available to interested per-
sons. The managers attempt to make these reports and data available
to local citizens for educational purposes as well as possibly
serving as a basis for action programs. An example of this type
of communications is the managers' distribution of the Lake Riley
study to the local Lake Ri ley Improvement Association.
The managers have a lso instituted programs and studies of
hydrology problems when a particular question about this subject
arises. Two instances in 1972 occurred when the managers took
such action.
In one situation, the managers received an inquiry expressing
concern over the lowered water level of a pond in the Highways 7 and
101 area in Minnetonka. Ira response, the managers installed ground
observation wells to monitor the water levels is order to evaluate
and respond to this inquiry. Another concern expressed to the
managers which prompted the managers to conduct appropriate investi-
gations dealt with the possibility of ground waters following the
major sewer interceptor lines constructed in the district. No final
determinations have been reached by the managers about these poten-
tial problems; however, the managers continue to collect the necessary
data in order to offer well founded opinions and recommendations.
Permit Review
Forming an important part of its regular business, the
managers during 1972 continued to review and comment upon permit
5
applications for work in and affecting the waters, bed, banks and
floodplains of the dis trict 's watercourses and waterbodies. Since
the adoption of the district's floodplain map, the managers have
been able to comment upon permit applications affecting floodplains
by using this map as an exacting standard.
Other permit applications reviewed by the managers ranged
from utility crossings of creeks to dredging in marshes to channel
dredging in major lakes within the district. While the managers
review each permit application on its own merits, the managers'
general policies and objectives continue to reflect discouragement
of all creek crossings and alterations of creek and lake beds and
banks.
Another permit review procedure participated in by the
managers in 1972 involved the establishment of a lake level in the
Village of Eden Prairie. This undertaking was done by the district
in cooperation with the Department of Natural Resources. The
managers believe that this type of practice of establishing permanent
lake levels with corresponding control structures should continue as
development of open space lands around and near lakes and streams
increases.
Pollution
The managers' primary goals and objectives in regulating and
conserving the water resources of the district do not center around
pollution control or abatement. The managers recognize that these
functions more proper ly rest with other state governmental agencies.
However, when information comes to the attention of the managers that
waters lying within the district are possibly being polluted, the
6
managers are committed to investigate and institute appropriate acti,on.
In 1972, two occurrences arose where the managers responded
to potential water pollution problems. On situation dealt with the
dumping of raw sewage into sewer interceptor manholes near Purgatory
Creek, which practice the managers in cooperation with the City of
Minnetonka sought to eliminate. The other problem dealt with oil
spillage into Purgatory Creek which resulted in recommendations from
the managers for avoidance of this practice in the future.
Field Trips
The managers went on two field trips in 1972 in order to
better familiarize themselves with the problems and nature of the
district's physical characteristics. One trip, sponsored by the
Minnesota Association of Watershed Districts, Inc. was taken in the
spring and the other sponsored by the managers, was taken in October.
Intergovernmental Relations
The managers continued their efforts to work and communicate
as closely as possible with the various governmental agencies
operating within the district. Close communications with the Villages
of Eden Prairie and Chanhassen and the City of Minnetonka were
established which greatly assisted the managers in their efforts
to keep everyone informed of the managers' activities.
Communications were also continued with the Metropolitan
Council and the managers welcomed every opportunity that they had
to comment upon programs and projects being reviewed by the Council.
As in the past, the managers sought to achieve a wide distri-
bution of the minutes of their meetings •to inform governmental
• agencies of the district's programs and activities. The manager
s
also distributed when requested copies of their floodplain maps.
The district was also actively involved in the operation of
the Minnesota Association of Watershed Districts, Inc. in 1972.
Publications and Identification
Throughout 1972, the managers expressed concern about how
best to inform people of the watershed district's existence and
activities. From numerous discussions, the managers finally decided
to prepare and print a brochure describing the general objective ,
powers and programs of the district. The brochure became available
for distribution in December of 1972 and was being made available
to the Village of Eden Prairie for distribution at that time.
The managers also expressed ways to mark and identify the
watercourses and waterbodies within the district. No identifying
signs have been readied as yet, but the managers continue to discus
s
this matter for further implementation.
Administration
The managers continued in 1972 to attend regular and special
meetings of the district where the majority of the district's busi-
ness was transacted. In addition, individual managers attended
various conferences and seminars dealing with problems of water and
related land resources in an urban-suburban setting.
The district continued to retain the professional services of
an engineer, Allan Gebhard of Barr Engineering Company, and an attorn
e
y
,
Frederick S. Richards of Popham, Baik, Schnobrich, Kaufman & Doty, L
t
d
.
The managers maintain complete books and records of the
district's proceedings and make these records available to anyone
8
upon request. An audit of these r,cords and all financial mattdrs
is done annually, and the audit report for 1972 is made a part of
this report and will be distributed when available.
The official depository for the district's funds remains
locally in the Village of Chanhassen at the Chanhassen State Bank.
Goals and Ohicctives for 1973
A primary objective of the district for 1973 will be to have
completed the necessary hear5 gs on its overall plan so that an
official overall plan may be irescribcd by the Water Resources Board.
Following approval n!- an overall plan for the district, the
managers will take under cone ideration the adoption of permanent
rules and regulations for the district. Additionally, the managers
will want to review with affected municipalities procedures to adopt
timely and necessary ordinances dealing with floodplairs, open
spaces, siltation and other related matters.
Once the overall plan for the district is preribed, cooper
tive projects dealing with the district's basic .titc: managr7',nt
programs and the establishment of park and opo., spact projects
within the district will be seriously consider d.
Finally, the managers will continue in 1973 their basic
hydrologic data collection programs to continue to build a benk o
information on the waters of the district in order to make more
meaningful and needed decisions on the future conservation and
regulation of the district's waters.
Respectfully submitted,
Howard L. Peterson, President
Riley-Purgatory Creek Watershed Astr-
Eaton Corporation
Auld Power Division
15151 Highway 5
Eden Prairie, Minn 55343
Telephone (612) 941-2800
April 1, 1973
Eden Prairie City Council
8950 County Road
Eden Prairie, Minnesota 55343
jft6ea,. j.4
Clt..tct“
ILT•111
Gentlemen:
The Char-Lynn Plant of Eaton Corporation is committed to the practice
of equal employment opportunity for all persons, regardless of race,
color, creed, national origin, age, or sex, and confirms a continuation
of its affirmative action program.
We will not discriminate against any employee or applicant for evoloy-
ment because of race, color, religion, age, sex, or national origin.
We have and will continue to take affirmative action to ensure that
applicants are employed and that employees are treated during evnployment,
without regard to their race, color, religion, age, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
Personnel concerned with and responsible for employment recruitment,
upgrading and selection for training are informed and committed to the
principle of equal employment opportunity and applicants will be con-
sidered solely on the basis of qualification for the job vacancies.
J. Michael Campbell
Employee Relations Manager
JMC:dw
iso ice
-]By he Fuller ..
Staff Writer
:A. coalition of rnueldpal
Northern Stater Pow-
- er Co. (NSP) officials is
Working hard for ele ac-
ceptance by load govern-
. Monts of aplan to regu-
'-: late the -rates liSechuges
its customers for electrical
•poiver. i* the Twin Cities
of
the pyjn IOSO
IS" dep hem Mester st-
agnate Federelitht
4401:111111n8PcdiNglains Poen-
al beaaegdoteot1" had
of ornament under
which NliP virtually•
w u id regulate—or not
regulate—Itself.
Arguments between the
two groups, whiele etfirst
were reasonably polite.
have begun to tate on a
more unpleasant tone in
recent days. Both cite to
be worths in the interest
of the consumer.
At issue is a "Metro hte
Authority," which has re-
calved little public Men-
den even though It has
been in the works for
more than a year.
Both sides compare it fre-
quently to the Suburban
Rate A u thor t y,which
regulates the price of gas
sold in Minneapolis ne-
urbs by Minneapolis Gas
Co.
The proposal involves two
separate but closely relat-
ed agreements:
MA "joint power* agree-
met" among musekipall-
ties would create an or-
e Metro
ClitzletiluTlity—to ad-
minister the rate-raking
and other regulatory fea-
tures of the second agree-
ment, the "uniform fran-
chise."
• The uniform f realise
would be just that, a ve-
tally identical treacles
gremad tatiSP by esch of
eptentartidmting amid-
Spokesmen for the Metro
Rate Authority b a ck e r
and for NSP said that, like
the federation, they would
prefer state regulation but
that past attempts to get
bills for such regulation
through the Legislature
have led them to believe
the attempts are futile.
Asked why they would
want any sort of regula-
tion. NSP officers said
they "recognize that we
are essentially a monopo-
ly" and that the public
should have some voice In
seeing that rates are felt
Some key features of the
Metro Rate Authority pro-
posal:
111 APPetiroately 130 lien-
rticipalities in amada.
ktrklzsh=ti
Scott conchs are eligible
to pftdpate. Any manic-
ipailty the uni-
form feticide* - to NSP
could join the Metro Rate
Authority. -
II The authority would
have one director from
each member municipali-
ty. Directors would have
one vote for every 100
customers In their can-
enmities. The dinners
alould select a 10-samber
atecostine oomumiatee to
*et policy Mahn tee*
meettago and world** a
staff, Whew a quaffed
nets scimieletreter.
till The ate authority
would be hawed! by con-
tr ibu tl 041;4 00W.,
with to -
bet8114141 within
after the effective
the egrammt.
ho Scum ight de Mei-
tributions from the com-
pany would be 640,000
quarterly.
III The Mintagreement
would become affective
when It is accepted by
municipalities reptant-
Mg SO percent of NSP's
customers in the seven-
county area. Proponents
of the plan have set July
31 as the deadline for
reaching that 60-percent
goal. After that date, if
the goal is not reached,
the plan could be dropped
or renegotiated. Backers
say either Minneapolis or
St. Paul must join the
group or ir will not me-
ceed.
uniform handles.--
a very compliahouthent,
establishes a system of
rate regulatioa. It elle
contains the mai stipida-
Aloes Oa useefitzeets;10-
" cation - of ihealthet, . tree
trimming anti *Hike.
• ' MP hes =Imo: make
an Initial - of $6
million into a "Inelilelh
don -reserve elenint"
which 1001ald be used,
along with any "credit
balance" from 1973, to
temporarily reduce future
rates in essunkipalities
other than St. Paul, South
St. Paul ased West St.
Bruce ?hayrack, Colum-
bia Heights mayor and
leading proponent of met-
ropliten rate regulation,
said he basically agrees
with the overcharge theo-
ry. He add that the over-
charge for 1972 amounted
to $7.2 million a figure
the federation people said
is low.
Nawrockl sand Carmel
LeFevere, Monne for the
"steering committer of
municipal Whitish ugh*
establishes* as be rate
authority, add eh a meet-
ing Tway that bring
negodeites MOO PRP on
the Oh her 411111110 hr
the hi if3 swalba fee
the "stailleuttumuseror
The Cep* at
ffrft -reined to Make any
concession • al the over-
charge, theithiliirt it fi-
nally agreed, to ite
Assuages the Ms
ity phie a
enough eioneninftlee, be.
• Sore,. My al. than also
Will be a "diffenteld".
or car e- mi $6
million-to $7. wills be
1973 q& Will go boo
the slaMilsathathed. Ne
wrodd
He andLeFewere—defended
the million for 1971 as
a "negotiated figure"
which was the beet to be
had. They emphasized that
theyhma ma
Arta Oa a 1114o4thh ‘ ila.
He diseased tbsensaide*
of consumer input by ne0
tog that the emeicedesiL •
fiche involved Named •
voters, "who, 1 premiss.
also are consumers...* -
Newsrockl and Lehrer*,
both raid a deadline it '•
reaching the aperent
nark was let primarily.
that deliberation it the •
smanicipal level would
stretch out
•end es databases's*/
• dome 'to "pit
-staff' the imam bats
,thoeity*Willibustioa. "
LOC trouVii
ego 14
Clerk, an oar alt. new who le lata
the egliMare suety
tate combarlittee, have
aroused the ire of meta-
thotlif Proillaesats with use of
their demon* that MP could nosh is ksollePtol
be puled auto "paying ref apt * eh "over*
be ci) mho thee the ohmage
promhed Phoebe. - Fesieratims I _Pciktrit_rally
The bads for that demand also knit ottillitei mg lit bean &percent rate In- 943110 ai.d Or crease Imposed co most _ im Minnesota •communities rate r 1Nt
by NIP in Jame 1971. St. rush to it lei
Paul, the only city In the mum' councils**
state with a venter that some rules dtat the feeler-
calls for revievr of electri- ation nese blacking cam-
cal rates, fought the raise sumser input into rate db.
and forced a rollback of cuisine
the increase to 4.6 per-
cent. South St. Paul and Newsreel agreed * an in.
West St. Paul got the terview that his peg --,.
same leer ea se because which reptesents about 90
their rites are tied to that cornmunides —'hasn't
of St. Paul. **light oubliette!' lint ha
maintained that the prop-
The federation maintains nests haven't been seen
that the difference be- dve either.
tweet) the rates paid by
St. Paul and its two sub. "We wanted to eery out
urbs and the rates paid our work in at cebn we
elsewhere in the state reasonable an atmosphere
amount to an owecharge, as we could," he added. ..
Some Kept to ,
n. St. Paul
Rid that it will 1
r action before Oct.
Minneapolis City
u a ci I 'a Ways and
Committee has re-
erred the question to
Vottaff flied's** for recast-
; mendation. T h or e e have _ _ _ _ .
azition so far as can
ned.)
the center of the
ay are the rate
set out in the
unit orm frost-
ier 1973 and 1974.
formula uses as a
the Withal cost. less
don. of Mrs fa-
cilities "used and useful in
undoing electric service
In the *Po 41111," plus
the cod of construction
104;,k
fil t e hi;
VP...../
'dive UM 40 RI
year.) ARS radii rehire i
MS the ifit)tettifklers et 1
all 11)741,
&Wad C. allpidkeihn. an
'NEM vicelltaliddlat. said
that if the co mpa n y 'e
bonds and preferred
- shares are figured in. the
'caraway's nibs of return
for 19'13 etteeM heal per-
cent Of the base figure.
Ilya -federation naint.ains
that the rate of return is
to high Toi • protected,
mon0P017 111dustrY.
Claris appearing at an in-
. formational - needing for
municini officlds Tues-
day, criticized uniform
--franchise provisions.
The agy notice required
Is a single placement Ins
1•1141 DeviiPaPer 1 0 doll
before a hearing Ques-
tions about proposed
daisies must be submit-
ted in writing at least two
days before the hearing,
Sad De givelni-telLe ,
questIonand-answer pro-
, fottsil Inge would be al-
shrugged off the com-
plaint. He noted that the
dates for such hearings, if
they are needed, are
spelled out in the fru-
chlse and suggested thee
consumer groups such as
the federation will be
aware of the dates, and
watching for hearing no-
tices.
The federation also has
critkized failure of the
proposed unit orm ban-
chise to regulate whole-
sale electric rates — the
rates one electric compm
ny charges another for.
power — which are part
of the cost of doing busi-
nett
Newrodd maintained that
such rates can be regulat-
ed only on the federal lev-
el, but federation spokes.
alien said that dealinp be-
tween power companies
within the statecan legal-
lY be regulated on a stete
or local level. The faders.
tion apparently is correct
on the law.
Clark and *Mum also
criticized the Suburban
Rate Authority, in which
both Nawrodsi and Le-
Fevere are involved. Ma/t-
hem suggested that the
Metro Rate Authority
would offer "more of the
same non-regulation."
Clark produced figures
that Mowed that suburban
customers of Minneapolis
Gas Co. may from 22 tole
percent more for gas than
do suburban Pt. Paul
users, who get their Ass
from the unregulated NSP
gas operation.
eFev ere countered by
saying that the rate differ-
ence actually is less and
that differences in the
cost of gas to the two util-
ides and in the quality of
service they provide ac-
count for the price differ-
ential.
Clark and .14ahlum ex-
pressed concern that adop-
tion of the Metro Rate
Autarky might take de
edge off legislative efforts
and make ft impossible for
Minnesota to ever achieve
stole regulation of utilities
77—
ittaevere in effect
iieguiation
plan for
NSP rates
is criticized
By Jim Fuller
Staff Writer
A coalition of municipal
and Northern States Pow.
e r Co. (NSP) officials is
working hard for quick ac-
ceptance by local govern-
ments of a plan to regu-
late the rates NSP charges
its customers for electrical
power in the Twin Cities
area.
However, proponents of
the plan have run into
some determined opposi-
rs from the Greater Met-
ropolitan Federation, a
consumer-oriented groep
that maintains the propos-
al is a "sweetheart" kind
of arrangement under
which NSP virtually
wo uld regulate—or not
regulate—itself.
Arguments between the
two groups, which at first
were reasonably po I it e,
have begun to take on a
more unpleasant tone in
recent days. Both claim to
be working in the interest
of the consumer.
At issue is a "Metro Rate
Authority." which has re-
ceived little public atten-
tion even though it has
been in the works for
more than a year.
Both sides compare it ire
quently to the Suburban
Rate Au t h or it y, which
regulates the price of gas
sold in Minneapolis sub-
orbs by Minneapolis Gas
Co.
The proposal involves two
separate but closely relat-
ed agreements:
• A "joint powers agree-
men': among municipali-
ties would create an or-
ganization—the Me tro
R a te Authority—to ad-
minister the rate-making
and other regulatory fn.
tures of the second agree-
ment, the "uniform fran-
chise."
• The uniform franchise
would be just that, a vit.
tually identical franchise
granted to NSP by each of
the participating munici-
palities.
Spokesmen for the Metro
Rate Authority hackers
and for NSP said that, like
the federation, they would
prefer state regulation but
that past attempts to get
bills for such regulation
through the Legislature
have led them to believe
the attempts are futile.
Asked why they would
want any sort of regula-
tion. NSP officers said
they "recognize that we
are essentially a monopo-
ly and that the public
should have some voice in
seeing that rates are fair.
Some key features of the
Metro Rate Authority pro-
posal:
• Approximately 130 mu-
nicipalities in Hennepin,
Ramsey, Washington, Da-
kota. Anoka. Carver and
Scott counties are eligible
to participate. Any munic-
ipality granting the uni-
form franchise to NSP
could join the Metro Rate
Authority.
The authority would
have one director from
each member municipali-
ty. Directors would have
one vote for every 100
customers in their COM-
munities. The directors
would select a 15-member
executive committee t o
. set policy between board
meetings and would hire a
staff, including a qualified
rate administrator. —
11The rate authority
would be financed by con-
tr bastions from liSP;.-
starting with $150,000 to
be paid within 30 days
after the effective date of
the agreement. Beginning
in January 1974 the coa-
tributioas from the com-
pany would be $40,000
quarterly.
UThe joint agr eeme n t
would become effective
when It Is accepted by
municipalities represent-
ing 60 percent of NSP's
customers in the seven-
county area. Proponents
of the plan have set July
31 as the deadline for
reaching that 60-percent
goal. After that date, if
the goal is not readied.
the plan could be dropped
or renegotiated. Backers
say either Minneapolis or
St. Paul must loin the
group or it will not suc-
ceed.
11The uniform franchise,
a 'ivy Lumpea uuctIMern,
establishes a system of
rate regulation. It also
contains the usual stipule-
. tions on use of streets, lo-
cation of facilities, tree
trimming and the like.
• NSP has agreed to make
an initial payment of $61
million into a "stabiliza-
tion re serve account"
which would be used,
along with any "credit
balance" from 1973, to
temporarily reduce future
rates in municipalities
other than St. Paul, South
St. Paul and West St.
Paul.
William Mahium, attorney
for the Greater Metropoli-
tan Federation, and Neil
Clark, an electrical engi-
neer who is a mainstay of
the organization's utility
rate committee, have
aroused the ire of rate au-
thority proponents with
their demands that NSP
be pushed into "paying
b a c more than the
promised $8 million.
The basis for that demand
Is an 8-percent rate in-
crease Imposed on most
Minnesota communities
by NSP in June 1971. St.
Paul, the only city in the
state with a charter that
calls for review of electri-
cal rates, fought the raise
and forced a roll-hack of
the increase to 4.6 per-
cent. South St. Paul and
West St. Paul got the !
same in c r ea se because
their rates are tied to that
of St. Paul.
The federation maintains
that the difference be-
tween the rates paid by
St. Paul and its two sub-
urbs and the rates paid
elsewhere in the state
amount to an overcharge,
Bruce Nawrocld, Colum-
bia Heights mayor and
leading proponent of met-
ropolitan rate regulation,
said he basically agrees
with the overcharge theo-
ry. He said that the over-
charge for 1972 amounted
to $7.2 million —a figure
the federation people mid
is low.
Nawrockl and Clayton
LeFevere, attorney for the
"steering committee" of
municipal officials urging
establishment of the rate
authority, said at a meet-
hog Tuesday that during
negotiations with NSP coo
the plus, they asked foe
the full $7.2 million for I
the "stablikradoe reserve" 1
1_
hluy. 1110 l.ssayally al.
first refused to make any
concession on the over-
charge, they said, but it fi-
nally agreed to theSe mil-
lion.
Assuming the rate author-
ity plan is accepted by
enough communities be-
fore .July 31, there also
will be a "differential" —
or overcharge — of $6
million to $7 million in
1973 which will go into
the stabilization fund, Na-
wrocki said.
He and LeFevere defended
the $8 million for 1972 as
a "n e got I at ed figure"
which was the best to be
had. They emphasized that
they have no legal author-.
ity to get a rebate from
NSP.
The federation people in-
sisted, however, that the
use of public pressure
'could result in a complete
refund of the "over-
charge"
Federation s pokesmen
also have attacked lack of
public and comunier in-
volvement in devising the
rate authority plan, the
rush to get it approved by
municipal cou ncils and
some rules that the feder-
ation sees as blocking con-
sumer input into rate dis-
cussions.
Newrocid agreed In an in-
terview that his group —
which represents about 30
communities — "hasn't
sought publicity" But he
maintained that the propo-
nents haven't been secre-
tive either.
"We wanted to carry out
our work in as cahn and
reasonable are atmosphere
as we could." tie added.
He dismissed the question
of consumer input by not-
ing that the municipal of-
ficials involved represent
voters, "who. I presume,
also are consumers."
Nawrocld and LeFevere
both said a deadline for
reaching the 60-percent
mark was set primarily so
that deliberations at the
municipal level would not
stretch out "indefinitely"
and so that there would be
time to "gear up and
staff" the Metro Rate Au-
thority for 1974 operation.
(So far, only Bloomington
has formally agreed to
adopt the uniform fran-
chise. As massYu20 other
city and villa councils.
ward adoption. St. Paul
as declared that it will I
like no action before Oct.
I. The Minneapolis City
Council's Ways and
'Means Committee has re-
ferred the ques t ion to
staff members for recom-
mendation. Tie e r e have
been no public hearings on
the question so far as can
he determined.)
Ness the center of the
controversy are the rate
structures set out in the
proposed u nif or m fran-
chise for 197:1 and 1974.
The formula uses as a
base the initial cost, less
depreciation, of NSP's fa-
cilities used and useful in
rendering electric service
in the Metro area." plus '
the cost of construction
and minus some custom-
er-contributed capital.
From that base, She fran-
chise says that NSP will
get a rate of return on the
equity in its common
stock of 13.25 percent in
1973. (If adopted by July
31, the agreement is retro-
active to the first of the
year.) The rate of return
on the equity of holders of
common stock for 1974 is
set at 12.95 percent.
Edward C. Spethmann, an
NSP vice-president, said
that if the company's
bonds and preferred
shares are figured in, the
company's rate of return
for 1973 would be 8.1 per-
cent of the base figure.
The federation maintains
that the rate of return is
too high for a protected,
monopoly industry.
Clark, appearing at an in-
formational meeting for
municipal officials Tues-
day, criticized uniform
franchise provisions.
The only notice required
is a single placement in a
legal newspaper 10 days
before a hearing. Ques-
dons about proposed
(Images must be submit-
ted in writing at least two
days before the hearing,
an d no give-and-take,
question-and-answer pro-
ceedings would be al-
lowed.
LeFe v ere in effect
shrugged off the com-
plaint. He noted that the
dates for such hearings, if
they are flee dud, are
spelled sot in the fran-
chise and suggested that
consumer groups such as
the federatio it will be
aware of the dates, and
watching for hearing no-
tires.
The federation also has
criticized failure of the
proposed uni if o rm fran-
chise to regulate whole-
sale electric rates — the
rates one electric compa-
ny charges another for.
power — which are part
of the cost of doing busi-
ness.
Nawrocki maintained that
such rates can be regulat-
ed only on the federal lev-
el, but federation spokes-
men said that dealings be-
tween power companies
Within the state can legal-
ly be regulated on a state
or local level. The federa-
tion apparently is correct
on the law.
Clark and Mahl um also
criticized t h e Suburban
Rate Authority, in which
both Nawrocki and Le-
Fevere are involved.Mah-
lum suggested that the
Metro Rate Authority
would offer "more of the
same non-regulation."
Clark produced figures
that showed that suburban
customers of Minneapolis
Gas Co. pay from 22 to 26
percent more for gas than
do suburban St. Paul
users, who get their gas
from the unregulated NSP
gas operation. .
Le Fe v ere countered by
saying that the rate differ- ,
ence actually is less and 1
that differences in the
cost of gas to the two util-
ities and in the quality of
service they provide ac-
count for the price differ-
ential.
Clark and Whiter) ex-
pressed concern that adop-
tion of the Metro Rate
Authority might take the
edge off legislative efforts ,
and make it Impossible for
Minnesota to ever achieve
state regulation of u Units. '
PROPOSED RESOLUTION
(Please adopt in early May)
WHEREAS, in recent years there has been a proliferation of policies and laws
emanating from federal, state, county, and metropolitan jurisdictions
which have had the effect of transferring tremendous resources from
suburban areas to inner ci ty areas, and
WHEREAS, the suburban and outer cantrunity areas are divided, many in number,
and without a cohesive and united organization to represent its in-
terests, and
WHEREAS, not having a cohesive organization, there does not exist research,
data, and staff wherein suburban area communities can defend and ad-
vance their several interests, and
WHEREAS, the inner cities have large staffs, full-time councils and mayors, and
many organizations, e.g. , The Citizens League. Urban League, Downtown
Council, Chamber of Commerce, and many other civic/religious groups,
etc., all of whom continually emphasize the problems and needs of the
inner cities, and
WHEREAS, the media also supports inner city positions through continuous and
expanded news coverage in relation to the suburbs as well as an apparent
bias which favors the inner city viewpoint, and
WHERFAS, suburban area legislators, congressmen, and other representatives lack
proper data and support from their municipal constituents and are
therefore unable to effectively represent the fair and best interests
of the suburban area citizens, and
WHEREAS, it is our belief that we are responsible to see that our citizens
receive fair and equitable consideration in legislative and policy
making activities ,
NOW, THEREFORE, BE IT HEREBY RESOLVED that the (City/Village) of
supports and encourages that the following steps be taken by the
Hennepin County League of Municipalities Board of Directors:
1. Redirect Hennepin County League of Municipalities objectives
so as to give increased and more vigorous emphasis to the
needs of the suburban and outer communities;
2. Strengthen the Hennepi n County League of Municipal ities organi-
zation and its functions so as to make possible an expanded
and more active role;
3. Increase the Hennepin County League of Manic ipalities budget
and dues schedule to finance the operations of the larger staff
and increased activity ;
AND BE IT FURTHER RESOLVED that the (City/Village) of
will support the above three steps which will be officially voted
upon at the next general membership meeting to be held on May 24, 1973.
To: Village Council
Thrm: Robert P. Heinrich,, Village Manager pco
Fran: John D. Frane, Finance Director
Rem $2,500,00 General Obl igation Water and ewer Bonds - Date of Sale
This issue is the 5th in a series necessary to finance our water
and sewer projects. The proceeds of the sale will fund all but
approximately $250,000 of contracts outstanding as of December 31,
1972, It will be necessary to have a sale in the last half of 1973
to fund this balance and to fund contracts let during 1973. This
sal e will again be in the neighborhood of 2.5 mill ion.
Contrary to expectations the bond market indexes have been relatively
love during 1973 in the range of 5.00 to 5.25.
-7
We are recormending a iale date of June 12, 1973 at 4:30 p.m. at
the office of Robert Ehlers, our . bond consultant. This procedure
wil 1 eliminate the interruption af the council meeting for the
bid opening and report back of bids. The council will be furnished
a bid tabulation and recomendation at the meeting of June 12th.—
JEW :bg
5/3/73
APPLICATION FOR ELECTRIC SERVICE FOR MUNICIPAL WATER PUMPING
Date of Application June 1 , 19 73
The Village
of Eden Prairie
Minnesota
(Customer), hereby requests Northern States Power Company (Company) to furnish electric service for
its municipal water pumping and associated equipment as designated in the attached List of Delivery
Points effective July 1 , 19
Customer shall advise Company of any proposed alterations in its facilities utilizing municipal
water pumping service and, if acceptable to Company, the List of Delivery Points will be revised
accordingly. Upon the signing of such revised List by Customer's authorized officials, electric service
to such altered facilities will be supplied hereunder. In the event Customer permanently abandons the
use of a pumping installation or associated equipment, upon notice to Company of such abandonment,
the List of Delivery Points will be revised accordingly.
Tenn of Agreement: One year, continuing thereafter wail canceled by either party by giving at
least 30 days written notice to the other party.
The Customer agrees to accept and pay for such service in accordance with the rates, rules, and
regulations of the Company its effect from time to time for this class of service. Copy of the rates
presently in effect are shown in the attached Rate Schedule.
It is agreed that on the effective date hereof, this agreement terminates all prior agreewnents
covering municipal water pumping service furnished hereunder.
Authorized by council ,
VILLAGE of IiRENZAZEIL
By
Mayor
And
!imager
Accepted:
NORTHERN STATES POWER COMPANY
By
FORM Wale I 2.15
_
STATEMENT OF 11ORK REQUESTED
9019k• IMO I
N ORTP—IERN STATES POWER COMPANY
June 1
POP.. P.CIUSSTCP DV
WOW( TO SE all--
ADOPS WOO
Village of Eden Prairie, Minnesota
7905 Mitchell Road, Eden Prairie, Minnesota 55343
8950 County Road #4, Eden Prairie
CONIPOTINO OP
Installation of a standby 1000 KVA transformer. metering, cable
and appurtenances. In consideration of this installation, the Village
of Eden_ Prairie agrees to pay a one-time charge of ninety-five hundred
LIQUars ($9.500.00) and a monthly amount to cover electrical core losses
be calculated b
• I I
• •I1 •
•
tolling of the 1.752 kilowatt hours core loss Per month at the law step
of the rate then in effect, plus applicable fuel clause. This amount
will be in addition to any other bills for this account and will not
be used to satisfy any monthly minimum charge. The payment of these
amounts shall not entitle the Village of Eden Prairie to any owner-ship
interests in the facilities installed by Northern States Power Conpas,y
and said facilities may be removed by Northern States Parer CompanY Von
termination of the contract for service at this location.
TN undersigned hereby requests and authorizes the marrreasn• erreence POWER COMPANY to do the work described
Above, end In consideration thereof, agrees to Ply ninety-five hundred and — ----No/100
(s 9.500.00 ), terms est oath. • • • rl and the monthly charge specified above.
IPOPOO
ComO•V 0.•r.
hicderdlude STATES POWER ZOMPANY
LIST OF DELIVERY POINTS
Municipal Wow Pumping Unice
To be included as a part of Municipal Water Pumping Contract between Northern States
P
o
w
e
r
C
o
m
p
a
n
y
and the Village of Eden Prairie, Mirmesota
dated June 1 , 19 73
Supersedes List dated None , 19
Delivery Point No.
and Location
Voltage Motors
a Phase hP
Lighting Heating 'focal
kw kW hp
7799 Mitchell Road
Well #1
8101 Mitchell Road
Well. #2
7905 Mitchell Road
Treatment Plant
120/240 200
3 0
120/240 200
30
2400 v 540 to
30
• 5 15 221
-5 15 221
10 59C)
* Statement of Work Requested, dated June 1, 1773, covering addition
a
l
c
h
a
r
g
e
s
for this delivery point, is atta.ched and made a part of this contrac
t
.
Approved
19
Mayan
•OSIM OW? /SO 0 ,711
RATE SCHEDULE
MUNICIPAL WATER PUMPING SERVICE
FORM 0305-44 0 1•721
(M2000)
AVAILABILITY: Available for the operation of pumping plants of municipally owned water
works. Lighting and heating limited to incidental use in operating power equipment.
(Rate schedule applied separately to each delivery point)
RATE:
First 2,000 kilowatt-hours per month @ 2.29et per kwh
Next 2,000 kilowatt-hours per month @ 1.76it per kwh
Excess kilowatt-hours per month @ 1.23ft per kwh
FUEL CLAUSE: The adjustment to be added or deducted under the Fuel Clause shall be
0.012t per kilowatt-hour for each whole cent by which the cost of fuel is more or less, re-
spectively, than 31ft per million Bat. The cost of fuel shall be the average cost of fuel
used during the preceding twelve months as recorded in FPC Accounts 501 and 547.
MONTHLY MINIMUM CHARGE:
First 1 horsepower or less of connected load
Excess horsepower of connected load @ .
. . $1.00
8.25 per HP
POWER FACTOR: Customer shall at all times take and use power in such manner that
the power factor shall be as near 100% as possible, but when the average power factor is
less than 80%, customer agrees to install the necessary corrective equipment to raise such
power factor to at least 80%. The average power factor is defined to be the quotient ob-
tained by dividing the kilowatt-hours used during the month by the square root of the sum
of the squares of the kilowatt-hours used and the lagging reactive kilovolt-ampere-hours
supplied du ring the same period. Any leading kilovolt-ampere-hours supplied during the
period will not be considered in determining the average power factor.
STANDBY AND SUPPLEMENTARY SERVICE: Available for service to pumping plants of
municipally owned water works when an interconnected water systeim of such water works
includes a pumping plant using a source of power other than electricity supplied by
Company.
Rate: The billing for each pumping plant served by Company shall be in accordance with
the above except that if the total net payments during any contract year following the in-
stallation of a source of power other than electricity supplied by Company amount to less
than $15.00 per horsepower of connected load of all pumping plants served by Company at
the beginning of such contract year, the difference between said $15.00 per horsepower
and said total net payments shah i be included in the bill for the last month of such year
and Customer shall pay same as a charge for service rendered.
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 215
ID-73-Z-09
WESTWIND
AN ORDINANCE RELATING TO ZONING
AND AMENDING ORDINANCE NO. 135
The Council of the Village of Eden Prairie does ordain as f
o
l
l
o
w
s
:
Sction 1. Appendix A of Ordinance No. 135 is amended by adding to Sections
23 and 24, Township 116, Range 22 the following:
All that part of the NE 1/4 of the NE 1/1+, Section 23, Township 116,
Range 22 and. the NW 1/4 of the NW 1/4 of Section 24, Township 116,
Range 22 described as follows;
Beginning at a point on the north line of the NE 1/4 of the NE 31 14. of
said Section 23, distant 86.59 feet west of the northeast c
o
r
n
e
r
o
f
said section; thence S 87° 36' 33" W, (assumed basis for bearings),
along said north line 276.19 feet; thence S 810 53' 24" W, 197 feet;
thence N 880 01' 30" w, 156.06 feet, thence S 31f 01' 145" W, 203 feet;
thence N 32 ° 07' 20" W, 204.05 feet to the north line of the NE 1/14
of the NE 1/4 of said Section 23; thence S 87 ° 36' 33" W, along said
north line, 395 feet to the northwest corner of said NE 1/4 of the
NE 1/4; thence S 0 ° 53' 30" E, along the west line of said NE 1/4 of
the NE 1/4 and said Government Lot 6, a distance of 472.62 feet; thence
S 890 06' 30" W, 65.82 feet; thence along a tangential curve to the
right (radius 270 feet, central angle 77° 30' 45") 365.27 feet; thence
S 13° 22' 14" E, tangent to the last described curve, 53.40 fee
t
;
t
h
e
n
c
e
along a tangential curve to the left (sadius 4-00 feet; centr
a
l
a
n
g
l
e
590 06' 59"), 412.71 feet; thence S 72 29' 114.", tangent to the last
described curve, 50.95 feet; thence along a tangential curve to the
left (radius 500 feet; central angle 29 ° 23' 35"), 256.60 feet; thence
N 78° 06' 41" E, tangent to the last described curve, 58.54 feet;
thence along a tangential curve to the left (radius 275 fee
t
;
c
e
n
t
r
a
l
angle 400 32' 34") 194.59 feet; thence N 37
0 310 07" E, tangent to the
last described curve, 0.80 feet; thence along a tangential c
u
r
v
e
t
o
the right (radius 120 feet; central angle 511 22' 40"), 113.89 feet;
thence S 88 ° 03' 13" E, tangent to the last described curve, 60.91
feet; thence along a curve to the right (radius 575 feet; central
angle 17 2 14' 12"; chord bearing N 10 38' 53" E) 174.65 feet; thence
N 19° 20' 59" E, tangent to the last described curve, 510.27 feet;
thence along a tangential curve to the left (radius 600 feet; central.
angle 11 ° 149' 52"), 123.89 feet; thence N gl , 07" E, tangent to the
last described curve 111.89 feet; thence N 79 42' 03" W, 317.32 feet
to the point of beginning, subject to final plat.
RM 6.5
Ordinance No. 215
Page Two
First read at a regular meeting of the Council of the Village of
Eden Prairie this 10th day of April, 19 73 and finally read, adopted and
ordered published at a regular meeting of the Council of said Village on
the 8th day of May, 1973.
Paul R. Redpath, Mayor
ATTEST:
SEAL
CHANGE ORDER NO. 1
CONTRACT DATE:
3-1-73
OWNER'S CONTRACT NO, SAN 72-1-12
LC, 51-246
ORIGINAL CONTRACT
AMOUNT $ 43,312.00
CONTRACTOR APPROVAL:
BY
OWNER APPROVAL:
DATE , 19
Preparet4y:
BRAUER A ASSOCIATES
BY
DATE:
CONTRACT CHANGE ORDER REQUEST
CONTRACTOR:
American Contracting Corporation
1540 Yellow Brick Road
Coon Rapids, Minnesota 55433
JOB: Nine Mile One-A Sanitary Sewer
OWNER: Village of Eden Prairie
The cost of the following changes, deletions or additions to the above
CONTRACT are hereby requested.
AMOUNT OF
DESCRIPTION OF THE CHANGES
Delete Mini-Tee M .H. 1 ea. @450.00
Delete 15" RCP Class IV (0-8') 200 L.F. @7.25
Delete Trench Stabilization 192 C.V. @12.00
Add Standard Manhole 1 ea. @450.00
Add Double Pile Bents (25') 13 ea. @1,000.00
Add Extra Depth Pile Length 130 L.F. @10.00
Add RCP piling pipe 96 L.F. @12.25
INCREASE DECREASE
450.00
1,450,00
2,304,00
450 .00
1 3,000 .00
1,300.00
1,176.00
$15,926.00 $4,204,00
The amount of the contract shall be (INCREASED) MBIENIMIS $ 11.722.00
BY
DATE
BRA 44 -72
MEMO
TO: Mayor and Village Council
FROM: Carl Jun i e, Village Engineer
THROUGH: Robert Heinrich, Manager
DATED: May 4, 1973
RE: Easement for Don Teslow Property
Lot 9, Block 1, Stevens Heights
The purpose of this memo is to inform the
V
i
l
l
a
g
e
C
o
u
n
c
i
l
o
f
t
h
e
c
u
r
r
e
n
t
s
t
a
t
u
s
of negotiations relating to acquisitions of e
a
s
e
m
e
n
t
s
f
o
r
s
e
w
e
r
a
n
d
w
a
t
e
r
s
e
r
-
vice for the Donald Teslow property at 143
0
8
N
.
C
h
a
r
i
n
g
C
r
o
s
s
.
T
h
e
l
e
g
a
l
d
e
s
-
cription is Lot 9, Blk 1, Stevens Heights.
A
l
o
c
a
t
i
o
n
m
a
p
i
s
a
t
t
a
c
h
e
d
f
o
r
your reference.
Approximately 6 months ago, during install
a
t
i
o
n
o
f
s
e
w
e
r
a
n
d
l
a
t
e
r
a
l
l
i
n
e
s
i
n
the Kings Forest area, it was determined tha
t
t
h
e
m
o
s
t
f
e
a
s
i
b
l
e
m
e
t
h
o
d
o
f
s
e
r
v
i
n
g
the Teslow property would involve extending
s
e
r
v
i
c
e
s
f
r
o
m
t
h
e
l
a
t
e
r
a
l
s
o
n
M
a
n
-
chester Lane rather than from those on No.
C
h
a
r
i
n
g
C
r
o
s
s
.
T
o
a
c
c
o
m
p
l
i
s
h
t
h
i
s
easements are necessary from the owners of
t
h
e
l
o
t
s
a
t
#
6
6
5
2
a
n
d
#
6
6
4
0
M
a
n
c
h
e
s
t
e
r
Lane. Unfortunately, the final plat of Kin
g
s
F
o
r
e
s
t
A
d
d
i
t
i
o
n
t
o
S
t
e
v
e
n
s
H
e
i
g
h
t
s
which these lots are platted under, does n
o
t
p
r
o
v
i
d
e
f
o
r
6
'
u
t
i
l
i
t
y
e
a
s
e
m
e
n
t
s
on all property lines, as is required by Vi
l
l
a
g
e
O
r
d
i
n
a
n
c
e
9
3
.
T
h
e
r
e
f
o
r
e
,
i
t
has been necessary to negotiate with these p
r
o
p
e
r
t
y
o
w
n
e
r
s
f
o
r
p
u
r
c
h
a
s
e
o
f
t
h
e
easement rights.
Status of the negotiations to date is as foll
o
w
s
:
1. #6640 offered $150.00, requests $300.00.
#6652 offered $200.00, requests $400.00.
2. The to residents have engaged an attorney,
M
r
.
R
i
c
h
a
r
d
G
u
n
n
t
o
represent them in this matter. We will be talking with Mr. Gunn In the near future and hope that the need fo
r
h
i
s
i
n
v
o
l
v
e
m
e
n
t
w
i
l
l
be minimal.
3. We propose to install the sewer and water
s
e
r
v
i
c
e
u
p
t
h
e
h
i
l
l
t
o
t
h
e
northeast property line of the Teslow prop
e
r
t
y
.
T
o
d
a
t
e
w
e
h
a
v
e
received four bids for this work ranging fr
o
m
$
3
,
3
0
0
.
0
0
t
o
$
1
,
3
0
0
.
0
0
.
The low bid does include insulation for the
w
a
t
e
r
m
a
i
n
w
h
i
c
h
w
i
l
l
be necessary because of the shallowness of the trench req
u
i
r
e
d
t
o
s
a
v
e
several trees.
4. This has been a very complex problem and m
a
n
y
s
t
a
f
f
h
o
u
r
s
h
a
v
e
b
e
e
n
expended on trying to reach a solution. We
a
r
e
c
o
n
f
i
d
e
n
t
t
h
a
t
w
i
t
h
reasonable cooperation from all involved we
c
a
n
r
e
s
o
l
v
e
t
h
i
s
m
a
t
t
e
r
within the next 2 - 3 weeks.
41-..§ : "ft 2 VAN 1121'3 4 k.`.1 —,0101.1 4 14 Uf U •i / p` • ;, 74: ,ry;fp • s.tot ' D A .091 I 1S3H3NY .58(.4, -2 reti•-•77 0 - • _14 ts; 12„7 .".:•$n•• • 4,44_ • *,37 •4i7. •P oo -„? I/ .• • ,-- -o. - 1 ........i.....,,..... ................___—.1 . ."*. ....2.. MAI 1 7'. \ %PSI' ' • 43 ' \ ' . ' fo.1.0V ...„,...... CJ 1 \ `-'. C \ >4 I : :,,c.. ‘...,.I. ......- 1 \ -- I ail I , I. ' I . . \\ •••••"/ \., s' I •,. 1 C. cc c-t *.; 1:x4 /4411 -- ,L616 — 14.11411 ,o91 .41'912z smog •••• _ C01 St III Bc Lioos Vii4noS .4- C,1 t 'P 4 sz -NIZ: -0_4 •••n7-1.--- .- - - ---."-. •,-..S ,,„. ..... ..71-7,7r ' \ . "k. ,8861Z 's 4 ,ts .:$) .54 ' 0.. „:.a.;$.: . NZ • •••••*". 4* tie\ /// t:43:1*-411'.. L1* / 4 = ,„ / 43 tI . s:e
VILLAGE OF EDEN PRAIRIE
ENGINEERING DEPARTMENT
BID SUMMARY AND AWARD RECOMMENDATION
TO: Mayor and Village Council
FRON: Carl Jullie, Village Engineer
THROUGH: Robert Heinrich, Manager
DATED: May 4, 1973
RE: Improvement Contract 51-248
Projects WTR 72-8-23 & 24
Pursuant to Village Council authorization, bids were received on Thursday,
April 26, 1973 for Improvement Contract 51-248, Projects WTR 72-8-23 & 24.
The bids received are listed on the attached tabulation. The contract
covers trunk and lateral water service along T.H. 169 to Rosemount Co. and
the Heritage Park area
The bid submitted by Irving Lamppa Construction Inc. did not include signed
copies of Addendum Nos. 1 and 2, was not responsive to the call for bids
and was not read aloud. There were significant changes included with
Addendum No. 2 and these were not incorporated into the Lamppa bid. Mr.
Lamppa has requested to withdraw his bid and has indicated that he is not
opposed to award of contract to Northern Contracting Co.
The low bid was submitted by Northern Contracting Co. With their 5 per cent
deduction allowance for award of all three sections, their bid was
$270,054.41 (The Black & Veatch estimate for this contract was $313,275.00)
The next lowest bid for the three sections was a combination of bids from
Northdale Construction Company for Section VI and Tr-County Sewer & Water
for Sections VII and VIII in the amount of $305,761.50
The third low bid was submitted by Widmer Brothers Inc. With their 5 per
cent deduction allowance for the award of all three sections, their bid
was $307,389.31.
The firm of Black U Veatch indicates that they have had favorable experience
with Northern Contracting Co. under the previous Village Contract No. 71 -06
and have found them to be well qualified in the field of trunk watermain
construction and reconwnend award of contract accordingly.
RECOMMENDATION: Recommend award of Improvement Contract 51-248, Projects
WTR 72-8-23 & 24 be made to Northern Contracting Co. at
their bid price of $270,054.51,
A/15
Section VI TABULATION OF BIDS EDEN PRAIRIE, MINNESOTA WATER WORKS IMPROVEMENTS IMPROVEMENT CONTRACT 51-248 PROJECTS VTR. 72-8-23 & 24 Section VII Section VIII Total Sections VI, VII & Arm Total of Sections Deduct with Deduct McDonald & Associates 231,234.70 40,593.50 84,843.65 356,671.85 32 for VI, 345,971.69 VII & VIII Nodland Associates, Inc. 208,209.00 47,247.00 89,413.00 344,869.00 Northern Contracting 169,827.40 35,068.55 79,371.95 284,267.90 SE for VI, 270,054.51 VII & VIII Orfei & Sons 194,890.33 42,033.54 92,785.25 329,709.12 Minn-Kota Construction 257,146.66 39,360.52 91,515.19 388,022.37 Lamppa Construction Bid not read due to bidding irregularities Widmer Bros. Inc. 192,725.50 41,749.00 89,093.20 323,567.70 52 for VI, 307,389.31 VI/ & VIII Tri -County 33,932.00 83,059.50 Northdale Construction 188,770.00 43,391.00 91,957.00 324,118.00 Inginser's stints 184011,00 44622,00 66,142,00 313,175.00 MO
RESOLUTION NO. 699
RESOLUTION ACCEPTING BID ON I.C. 51-248
WHEREAS, pursuant to an advertisement for bids for the following im-
provements, to wit:
Improvement Contract 51-248, Projects WTR 72-8-23 & 24
bids were received, opened and tabulated according to law and the following
bids were received complying with the advertisement:
BIDDER
TOTAL AMOUNT OF BID
1. Northern Contracting Co.
2. Combination of bids from North-
dale Constr. Co. for Section VI and
Tr-County Sewer & Water for Sections
VII and VIII.
3, Widmer Bros. Inc.
(Refer to Village Engineer's Bid Surmary
dated May 4, 1973 for complete list of
bids received).
$270,054.51 including 5%
deduct for award of all
three sections.
$305,761.50
$307,389.31 including 5%
deduct for award of all
three sections.
and
WHEREAS, the Vi 1 lage Engineer recommends award of contract to Northern
Contracting Co. of Eden Prairie, Minnesota as the lowest responsible bidder
based upon their bid price of $270,054.41.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF EDEN PRAIRIE:
The Mayor and Manager are hereby authorized and directed to enter into
the attached contract with Northern Contracting Co. of Eden Prairie,
Minn. in the name of the Village of Eden Prairie for the improvements
aforesaid according to the plans and specifications thereof approved
by the Council and on file in the office of the Village Engineer,
VILLAGE OF EDEN PRAIRIE
ENGINEERING DEPARTMENT
BID SUMMARY AND AWARD RECOMMENDATION
TO: Mayor and Village Council
FROM: Carl Jul 1 ie, Village Engineer
THROUGH: Robert Heinrich, Manager
DATED: May 4, 1973
RE: Improvement Contract 51-247
Projects MEC 72-9-17, SIR 72-3-20 and VTR 72-8-21
Pursuant to Village Council authorization,bids were received on Friday,
April 27, 1973 for Improvement Contract 51-247, Projects MIC 72-9-17,
SIR 72-3-20 and WIN 72-8-21. The bids received are listed on the attached
tabulation. Two late bids were returned, unopened.
The low bid was submitted by Northern Contracting Co. in the amount of
$169,261.37 based on accepting the alternate price for gravel base street
construction in lieu of bituninous base. The extra cost for bituminous base
would be $16,872.80 or about $4.30 per foot of roadway. This additional
amount cannot be justified when compared to extra maintenance costs with
gravel base construction.
Brauer & Assoc., Inc. estimate for this contract was $209,372.50.
RECORiENDATION: Recommend award of Improvement Contract 51-247, Projects
MIC 72-9-17, SIR 72-3-20 and VTR 72-8-21 be made to
Northern Contracting Co. at their bid price of $169,261.37
based on the alternate price for gravel base street con-
struction.
VILLAGE OF EDEN PRAIRIE
TABULATION OF BIDS
May 4, 1973
Improvement Contract 51-247
Projects MIC 72-9-17, SIR 72-3-20 and WTR 72-8-21
Bids opened 11:00 A.M. Friday, April 27, 1973
BIDDER BASE BID
(Asphalt Base)
1. Northern Contracting Co. $186,134.17
2. Northdale Construction Co. $190,547.55
3. Minn-Kota Excav., Inc. $192,048.60
4. Barbarossa 8 Sons, Inc. $195,095.30
5. G. L. Contracting, Inc. $201,614.00
6. Cris Const, Co. Inc. $203,310.22
7. Matt Bullock Const. Co. $214,350.30
8. C. S. McCrossan, Inc. $215,532.45
9. Irving Lamppa Constr. Inc. $250,708.75
ALTERNATE BASE BID
(Gravel Base)
$169,261.37
$179.829.75
$181,, 517.20
$186,877.00
$187,101.00
$193,335.20
$193,553.55
$208,376.00
$239,784.75
RESOLUTION NO. 700
RESOLUTION ACCEPTING BID ON I.C. 51-247
WHEREAS, pursuant to an advertisement for bids for the following im-
provements, to wit:
Improvement Contract 51-247, Projects MIC 72-9-17, STR 72-3-20 and
lin 72-8-21
bids were received, opened and tabulated according to law and the following
bids were received complying with the advertisement:
BIDDER
Northern Contracting Co.
Northdale Construction Co.
Minn-Kota Excavation, Inc.
(Refer to Village Engineer 's Bid Smeary
dated May 4, 1973 for complete list of
bids received.)
and
$169,261.37
$179,829.75
5181.517.20
WHEREAS, the Village Engineer reconmends award of contract to Northern
Contracting Co. of Eden Prairie, Minnesota as the lowest responsible bidder
based on their bid price of $169,261.37.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF EDEN PRAIRIE:
The Mayor and Manager are hereby authorized and directed to
enter into the attached contract with Northern Contracting Co.
of Eden Prairie, Minnesota in the name of the Village of Eden
Prairie for the improvements aforesaid according to the plans
and specifications thereof approved by the Council and on file
in the office of the Villarsingineer.
TOTAL AMOUNT OF BID
MEMO
DATE:
TO:
FROM:
SUBJECT:
May 1, 1973
Robert P. Heinrich, Village Manager
Marty Jessen, Director of Parks and Recreation
POSSIBLE JOINT VENTURE WITH NINE MILE CREEK WATERSHED
DISTRICT FOR WATER QUALITY ANALYSIS IN BRYANT LAKE
In February, we received information from residents of Bryant Lake concerning
a change in water color and an odor which appeared to be coming from the lake.
At that time we had the Minnesota Department of Natural Resources Department
take a look at the lake in an attempt to determine the source of the prob lam.
Their study and subsequent report was very brief and inconclusive as to both
the problem and the potential sources of the problem. As a result of this,
preliminary discussions were held with the Nine Mile Creek Watershed District
Board of Managers and their engineering and legal staffs to determine the
potential of a Joint water quality study on Bryant Lake and Nine Mile Creek in .
that part of the watershed. The Board of /Manager's response was favorable.
They directed their engineer to draw a proposal for such a study. John Dickson
of Barr Engineering has done so and a copy of the proposal is attached to this
memo for your review. The watershed district has proposed that this stutdy be
financed Jointly over a three fiscal year period at a rate of $4,000 per agency
per year. The total study cost was estimated to be approximately $25,0 00.
The work itself would actually be completed within approximately a 24 month
time period. This would allow for gathering of good base data and then some
comparative work over the next two years to determine the effect of the horse
operation, the Eden Prairie industrial area , development along that part of
the creek, and also the effect of Glen Lake Sanitarium and Hennepin County
Home School being connected to the sanitary sewer in Minnetonka.
Money has not been budgeted for this purpose although this department recom-
mended that this be done in 1973. I personally feel that this is a necessary
step at this point in time. The Village is acquiring the Holasek horse operation
at the north end of the lake which today drains directly into the lake and I think
we have to be certain that we know the impact of that stable on the lake
environment. This information will enable us to develop the proper steps
necessary to alleviate any problem that we may be causing or will enable, us
to defend the continued operation of that horse facility and state, based on
fact, that we know it is not causing any adverse environmental effect within
the lake itself. The cost of acquiring the approximately 120 acres of park land
at Bryant Lake is going to be about $1,100 ,000. It appears that 100% of this
money will come from federal and state agencies. The likelihood of funding
a request for lake study is not great. The State and Hennepin County Lake
Improvement Funds both favor construction or acquisition rather than consultant
studies. Any program to alleviate a documented problem would have a good
chance of being funded, given today's situation. However, the cost of the
study has previously been looked upon as a local responsibility.
-2-
I would suggest that this be brought to the Council's attention for their
consideration for funding, hopefully so it might get underway in the summer
of 1973.
MJ:kg
PR 0 2 OSAL
to the
Nine Mile Creek Watershed District
Village of Eden Prairie
STUDY OF BRYANT LAKE
In 1970 the Nine Mile Creek Watershed District water quality monitor-
ing program was expanded to include the monitoring of the lakes within the
District. The objective of this program was to assess the present condition
of the lakes within the watershed. On the basis of the results from this
monitoring program it was believed that potential problem lakes could be
identified and solution orientated programs could be Initiated before axe
problems become intolerable.
The 1970 and 1971 monitoring of Bryant Lake indicated that the laute
aging process is further advanced in this lake than in any of the other lakes
in the watershed with recreational use potential similar to bryant Lek,.
Specifically, the monitoring program indicated high hydrogen-sulfide concen-
trations and chloride concentrations in Bryant Lake. Hydrogen sulfide is a
gas produced by bacterial decomposition of organic material and, when
dissolved in the water, is toxic to most aquatic organisms.
At the present time, the Village of Eden Prairie is purchasing large
parcels of land adjacent to Bryant Lake. The land will be used as park and
open space area and will provide a public access to the recreational potential
of the lake. Potential water quality problems which will eventually affect
the proposed recreational use of the lake have been recognized and we recommend
that a solution orientated lake restoration study be initiated at this time.
The objectives of the study should be to:
1. Further identify the existing and potential. water orientated
problems in the lake and determine how these problems conflict
with proposed recreational uses of the lake.
2. Identify land use sources of nutrients reacbing the lake.
3. Develop alternative lake and/or watershed restoration plans to
achieve various levels of recreational use.
We recommend that the study be a cooperative effort between the Village
of Eden Prairie and the Nine Mile Creek Watershed District.
Detailed Work Plan
The following detailed work plan summarizes the work we believe is
necessary to complete the solution orientated study of Bryant Lake.
1. Collection of Background Data. The Engineering, Planning and Park
and Recreation Staffs of the Village of Eden Prairie as well as the appropriate
staff members from the City of Minnetonka, Hennepin County, Metropolitan Council,
Minnesota Department of Natural Resources and Minnesota Highway Department
will be contacted in order to obtain all available data concerning present and
future land use, present and proposed recreational use of the lake, existing
and proposed utilities, water quality data, fish population studies and similar
items pertaining to Bryant Lake.
2. Identification of Lake Characteristics. The present water quality
of Bryant Lake will be measured. Eraphaais will be placed in assessing the quality
of the water relative to its impact on recreational use activities such as
swimming, boating, fishing and general aesthetic enjoyment- The water quality
characteris tics of the lake which presently or potentially limits its recreational
use will be identified.
3. Evaluation of Watershed Characteristics. The various watershed
characteristics which potentially affect the quality of the water in the lake
such as land use, storm water drainage system and sanitary sewer systems will
be inventoried and their effect on the lake characteristics which presently
or potentially limit lake recreational use will be evaluated. The nutrient
and chloride sources to the lake will be identified.
4. Alternative Lake Improvement Measures. Once the lake and watershed
-_-:-.a.racteris tics which presently or potentially limit lake recreational use
1-.E.ve bun identified, alternative lake improvement measures will be Javeloped
to achieve various levels of desired recreational lake us
e
.
D
e
p
e
n
d
i
n
g
o
n
t
h
e
lake and watershed characteristics involved, the alternate
l
a
k
e
i
m
p
r
o
v
e
m
e
n
t
measures will include programs and/or projects directed
t
o
w
a
r
d
t
h
e
l
a
k
e
,
t
h
e
watershed or a combination of the two. The potential e
f
f
e
c
t
o
f
t
h
e
l
a
k
e
improvement plans on other watershed and lake characte
r
i
s
t
i
c
s
s
u
c
h
a
s
w
a
t
e
r
quality, water quantity, fish and wildlife will be asses
s
e
d
.
C
o
s
t
e
s
t
i
m
a
t
e
s
will be prepared for the alternative lake improvement p
l
a
n
s
.
P
o
t
e
n
t
i
a
l
f
e
d
e
r
a
l
.
,
state, regional and county funding sources to help financ
e
l
a
k
e
i
m
p
r
o
v
e
m
e
n
t
programs or projects will be identified.
5. Final Report. All of the elements of this study will
b
e
s
u
m
m
a
r
i
z
e
d
into a final report. The report will consist of a summa
r
y
o
f
t
h
e
b
a
c
k
g
r
o
u
n
d
data collected, description of lake characteristics whic
h
p
r
e
s
e
n
t
l
y
o
r
p
o
t
e
n
-
tially limit recreational lake use, description of water
s
h
e
d
c
h
a
r
a
c
t
e
r
i
s
t
i
c
s
which influence the critical lake characteristics, altern
a
t
i
v
e
l
a
k
e
i
m
p
r
o
v
e
m
e
n
t
measures including cost estimates and potential funding
s
o
u
r
c
e
s
.
We recommend that the project be initiated in the Spring o
f
1
9
7
3
a
n
d
carried out over a 24 month time period. This will ena
b
l
e
t
h
e
w
a
t
e
r
q
u
a
l
i
t
y
of the lake to be monitored over two summer periods. T
h
e
e
s
t
i
m
a
t
e
d
c
o
s
t
o
f
the study is $25,000.
TO: Robert P. Heinrich, Village Manager
FROM: John D. Fran*, Finance Director
DATE: May 1, 1973
RE: Vouchers to be presented for approval at the May 8th
Council Meeting.
Vaucher#
1875 Robert Flint Ph. D., $100.00 Domestic end Sex Crime Training
Sessions for our Public Safety Officers.
1851 Ziegler Inc., $97.89. Repair or water pump on our grader.
1919 N. W. National Bank, $62,543.75. Interest on our Water and.
Sewer Band. Issue of 6/1/72.
1921 Nesbitt Bros. Farm, $1,392.00. Payment for existing crops
destroyed by sewer construction..
CONTRACTORS PAYMENTS
3.886 Peter Lametti Construction, $21,342.45. Estimate No. I on
the Lincoln Lane, Fuller, Westgate project. The project is
63% casplete.
1887 Gunnar Johnson, $71,762.76. Estimate No. 7 on our Water
Treatment Plant. The plant is 24% complete.
1888 American Contracting Corp., $23,241.55. Estimate No. 1 on
the Nine Mile 1 A Sewer Sub-Syste (pipe to St. John's Wood.).
The project is now 60% complete.
May 8, 1973
STATE OF VINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF EDEN PRAIRIE
The fo11owing accounts were audited and allowed as follows:
Year - 1973
Date Voucher# Name Items Amount
4/23 1847 Agricultu_real Extension Service
4/24 1848 Federal Reserve Bank
4/24 1849 Mimi. Rec. & Park Assn.
4/25 1850 Public Employees Retire. Assoc.
4/25 1851 Postmaster
4/25 1852 Blue Cross of Minnesota
4/25 1853 Penny's Supermarket
4/27 1354 M.B. Hagen Realty
5/1 1855 Department of Conferences
5/3 1856 VOID
5/3 1857 Jack Hacking
5/3 1858 Marty Jessan
1859 Mike Epple
1860 Richard Bre3n
1861 Ray Earls
1862 John Franc
1863 Robert Heinrich
1864 Edna Holmgren
1865 Carl JulLie
1866 Suzanne K. Lane
1867 James A. Richardson
1868 Sheryl Richardson
1869 Perbix, Harvey & Simons, P.A.
1870 Petty Cash
1871 Suburban Chevrolet Co.
1872 Sun Newspapers
1873 Sub. Hennepin Co. Relief Bd.
1874 Village of Edina
1875 Robert T. Flint, Ph. D.
5/8 1876 Sun Oil Company
1877 Glen Lake Spur
1878 Transcontinental Sales Co.
1879 Rieke-Carroll-Muller Assoc. ,Inc.
1880 Taylor's Mfg.
1881 United Mailing Co.
1882 Waldron Nevem
1883 Xerox Corporation
1884 Ziegler Inc
1885 St. Paul Stamp Works, Inc.
1886 Peter Lametti Construction
1887 Gunnar I. Johnson & Sons, Inc.
American Contracting Corp.
Uniforms Unlimited Inc.
VOID
North American Life and Cas. Co.
A.B. Dick Products Company
Art Materials Incorp.
Astleford Equimsent Co.
'73 Mn. State Fire School $ 180.00
4/23 Payroll Taxes 2,132.90
Registration Fee-FIRPA B/C 40.00
April ERA 3,4-52.46
Housing Task Force Melling 79.20
Employees Insurance 1,143.36
Coffee for Office 23.00
Land Purchased-Pa-velka 22,000.00
City Managers Spring Conference 15.00
500 Rounds of AMMO 22.00
April Expenses 128.43
Organist at Cooler 25.00
Maintenance V.H. & Mileage 177.16
Water School Parking Fees 8.50
Mileage & Expenses - April 31.29
Mileage & Expenses - April 1o7.25
April Mileage 4.80
Mileage & Expenses - April 101.50
Planning Cannission Minutes 102.00
Mileage & Supplies 32.32
April Mileage 8.64
April Statement 644.00
April Petty Cash 23.45
Repairs 38.00
Legals 74.52
Relief Expd. for April 4436.04
Braemar Rental for Cooler 280.00
Police Training 100.00
286 Gallons #2 Diesel 39.41
Headlamp for Squad. #202 3.65
Utility Police Uniforms 136.90
Staking & Inspection 2,1+50.27
Buddy Bumpers 55.89
Newsletter Mailing 18.65
Laundery Service 50.78
Xerox Rental 11.93.76
Repaired Water Ramp 97.89
Dog Tags 15.25
Sanitary Sewer & Watermain Improv.21,342.45
Water Treatment Plant 71,762.76
9 Mile 1-A,Sub-Trunk San.Sewer 23,241.55
Police & Fire Uniform 954.24
Insurance 14 9.74
Ink
71.00
Materials 137.12
Repair Materials 2.30
1889
1890
1891
1892
1893
1894
TOTAL DISBURSEMENTS.
5/8 1895 Brauer & Assoc. Inc
1896
1897
1898
1899
1900
1901
1902
1903
1904.
1905
1906
1907
1908
1909
1910
1911
1912
1913
1914
1915
1916
1917
1918
1919
1920
1921
1922
1923
International Ass.of Assessing Off. Membership Dues '73
J.T. Enterprises Supplies- First Aid
Kraemer' s Supplies
league of Cities-Con.f. of Mayors Subscription-Fed. Aids
Minn. Natural Gas Coarmeny Utility Bill.
Commissioner of Taxation Minn. State Taxes-Payroll
Midwest Asphalt Corporation St. Maint. Supplies
Metro Printing Inc. /sprint 1800 Newsletters
Miller Davis Company Seal Press
McKelvey-Rodgers Paint Store Paint
Modem Tire Co. Tire Repair
Minnesota Fire Inc. Supplies
Northwest Emergency Equip.&Supply Oxygen Masks
N.W. National Bank of Mpls. Interest Due 8e Service Charge
Northern States Power Company Utility Bill for April
Nesbitt Bros. Farm Crop Damage in Sewer Eminent
National Rec. & Park Assn. ,73 Congress for Rec. & Parks
Metropolitan Sewer Board S.A.C. Charges-March & April
Business Furniture Inc.
Black & Veatch
Chapin Publishing Co.
M & W, Inc.
Eden Prairie Grocery
Fowler's Gift Loft
Dir. Dept. of Conferences
Glidden Paint
Glidden Paint
Hallman Oil Co.
Paint
Paint
Supplies
72-90A. 9 Mile 1-A Staking $ 5,117.90
72-908 9 Mile 1-A Inspection
72-122A Mitchell Hgts. Staking
72-12213 Mitchell Hgts. Inspection
Bookcase
Engineering Services
Legal Ads
Electronic
Candy
Clay
Labor
91.92
1,880.0o
175.77
Calculator 99.00
1.77
6.84-
Relations Course-Sup. Training 25.00
22.88
12.10
125.90
25.00
113.29
19.28
to Local Govt. 25.00
11.50
8.56
11.54
19.50
16.20
62,543.75
161.61
1,392.00
50.00
17,151.74
78.17
1,8146.63
365.30
26.00
113,192
VILLAGE OF EDEN PRAIRIE
FINANCIAL REPORT
APRIL 30, 1973
Cash Balances:
General and Special Revenue Funds
$ 381,363
Capital Projects (improvements)
(134,590)
Park Acquisition and Development
360,753
Debt Service Funds
1,001,040
Utility Funds
75,126
As of 4/30/73
$ 1,683,692
Disposition or Cash:
Certificates of Deposit
$ 1,572,000
Cash in Bank (per book)
(62,391)
Government Securities
174,03
$ 1,663,692
Expenditures presented for approval at the Council Meeting
of May 8, 1973 total $243,808.58. These expenditures will
be met by the following sources of funds:
Cash in Bank 5/4/73
Certificate of Deposit Due 5/10/73 (Part)
4
5/4/73
JDF/ys
VII B
Ordinance No. 215
Page Two
First read at a regular meeting of the Council of the Village of
Eden Prairie this 10th day of April, 1973 and finally read, adopted
a
n
d
ordered published at a regular meeting of the Council of said Villag
e
o
n
the 8th day of May, 1973.
Paul R. Redpath, Mayor
ATTEST:
SEAL
John Frane, Village Clerk
-770-4
JOINT AND COOPERATIVE AGREEMENT
METRO RATE AUTHORITY
The parties to this agreement are governmental units
of the State of Minnesota. This agreement is made pursuant
to Minnesota Statutes, Section 471.59.
I. GENERAL PURPOSES
The general purpose of this agreement is to establish
an organization to jointly and cooperatively administer the
rate provisions of uniform franchises which the parties to
this agreement have granted to Northern States Power Company.
The name of the organization is the METRO RATE AUTHORITY.
II. DEFINITIONS
Section 1. For the purposes of this agreement, the
terms defined in this article have the meanings given them.
Section 2. "Authority" means the electric rate
regulatory authority created pursuant to this agreement and
contemplated in the uniform franchises granted to the Northern
States Power Company by the parties to this agreement.
Section 3. "Board" means the Board of Directors of
the authority established by Article IV.
Section 4. "Executive Committee' means the committee
appointed by the Board pursuant to Article VIII.
Section 5. "Council" means the governing body of a
governmental unit, and in the case of a town, the term means
the tole board.
Section 6. "Company" means the Northern States Power
Company, a Minnesota Corporation.
Section 7. "Customer" means a customer account of
Company.
Section 8. "Member" means a governmental unit which
has entered into and become a party to this agreement.
Section 9. "Governmental Unit" means a city, borough,
village, or town in the Metro Area authorized to grant a
franchise to an electric utility company.
Section 10. "Rate Administrator" means a person
appointed by the Authority pursuant to Article VI to
administer the rate provisions of the uniform franchises.
Section 11. "Metro Area" means all areas served with
electricity by the Company in the Counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott and Washington: where a
governmental unit is partly within and partly outside said
counties, the area outside the county is included in the Metro
Area.
Section 12. 'Uniform franchise" means the franchise
ordinance adopted by parties to this agreement containing
identical provisions relating to rate determination and
administration: the ordinance may contain provisions enacted
pursuant to the municipality's statutory or clharter authority
to otherwise regulate the use of its streets, alleys, public
ways and places.
III. MEMBERSHIP
Section 1. Any governmental unit in the Metro Area
2
which has adopted the uniform electric franchise is
eligible to be a member of the Authority.
Section 2. A governmental unit desiring to become
a member shall execute a copy of this agreement and conform
to the membership provisions of Article V.
Section 3. The initial members shall be those members
who joined the Authority on or prior to March 1, 1974.
Section 4. Governmental units joining the Authority
after March 1, 1974, shall be admitted only upon tle favorable
vote of two-thirds of the votes of the members of Board. The
Board in its by—laws may impose conditions upon the admission
of additional members.
Section 5. No change in governmental boundaries,
structure, or organization affects the eligibility of any
governmental unit to become a member of the Authority.
IV. BOARD OF DIRECTORS
Section 1. The governing body of the Authority is
its Board of Directors. Each member is entitled to one
director on the Board. Each director is entitled to one
vote for each full 100 customers served by the Company in
the governmental unit he represents, provided however that
each member shall have at least one vote.
For purposes of this section, customers attributable
to each governmental unit are those supplied to the Authority
by the Company pursuant to the uniform franchise. Upon
receipt of the Company's report, but not later than April 1
3
of each year, the Secretary-Treasurer shall compute the
vote of each member in accordance with this section and
shall certify the results to the chairman.
Section 2. A director shall be appointed by reso-
lution of the governing body of a member for a term of one
calendar year terminating on May 1, and he shall serve
until his successor is selected and qualifies. Directors
shall serve without compensation from the Authority, but
this does not prevent a governmental unit from providing
compensation to its director member for serving on the Board
if such compensation is authorized by law.
Section 3. A majority of the votes of the members
constitutes a quorum, but a smaller number may adjourn from
time to time. Directors may not be represented by others
at meetings of the Board and there shall be no proxy voting.
Section 4. Vacancies in the office of director will
exist for any of the reasons specified in Minn. Stat.
Section 351.02, or upon the revocation of a director's
appointment by a member duly filed with the Authority.
Vacancies on the Board shall be filled by the governing body
of the member whose position on the Board is vacant.
V. MEETINGS — ELECTION OF OFFICERS
Section 1. A governmental unit may enter into this
agreement by resolution of its governing body and the duly
authorized execution of a copy of this agreement by its
proper officers. Thereupon, the clerk or other appropriate
4
officer of the member shall file the copy of the agreemen
t
.
and a certified copy of the authorizing resolution with
t
h
e
city manager of the City of Columbia Heights. The resol
u
t
i
o
n
authorizing the execution of the agreement shall also de
s
i
g
n
a
t
e
the first director for the member on the Board.
Section 2. This agreement is effective on the date
when it has been authorized by governmental units in wh
i
c
h
60 percent of Company's electric customers in the Metro
A
r
e
a
are located and when executed agreements and necessary
authorizing resolutions have been filed by the governme
n
t
a
l
units as provided herein.
Section 3. Within thirty days after the effective date
of this agreement, the mayor of the City of Columbia He
i
g
h
t
s
shall call the first organizational meeting of the Boar
d
o
f
Directors, which shall be held not later than fifteen da
y
s
after such call. At the first organizational meeting o
f
the Board and at the annual meeting thereafter, the Boa
r
d
shall select from its membership a chairman, a vice chair
m
e
n
,
a secretary-treasurer, and provide for the election of t
h
e
Executive Committee.
Section 4. At the organizational meeting, or as soon
thereafter as it may reasonably be done, the Hoard shal
l
adopt by—laws governing its procedures, which shall incl
u
d
e
the time, place, and frequency of its regular meetings.
T
h
e
Board shall meet at least annually on the first Tuesday
i
n
April and on such other dates as may be provided in its
by-laws. The date of the annual meeting may be changed
by a two-thirds majority of the votes of the members. The
by-laws may be amended from time to time.
Section 5. Special meetings of the Board may be called
by the chairman, or by the Executive Committee, and shall
be called by the Executive Committee upon the written request
of a majority of the votes of the Board of Directors. Five
days written notice of special meeting shall be given to the
Directors. The notice shall include the agenda for the
special meeting.
Section 6. The specific date, time and location of
regular and special meetings of the Board shall be determined
by the Executive Committee. Regular and special, meetings of
the Board shall be held in the Metro Area.
Section 7. Notice of regular meetings of the Board
shall be given to the Directors by the secretary—treasurer
of the Board at least fifteen days in advance, and the
agenda for such meetings shall accompany the notice. Business
at regular meetings of the Board need not be limited to
matters set forth in the agenda.
VI. POWERS AND DUTIES OF THE BOARD
Section 1. The powers and duties of the Board of
Directors are set forth in this Article.
Section 2. The Board shall direct the Executive
Committee to designate and employ a person to act as Rate
Administrator on behalf of the Authority and its members.
The Rate Administrator is empowered to perform those duties
with regard to the rates of the Company as provided in the
uniform franchises granted to the Company by members. The
Rate Administrator shall be a professional person experienced
in public utility regulatory matters.
Section 3. The Board may make such contracts and
enter into such agreements as it deems necessary to make
effective any power granted to it by this agreement.
Section 4. It may provide for the prosecution,
defense, or other participation in actions or proceedings
at law in which it may have an interest, and may employ
counsel for that purpose. The Board may employ such other
persons as it deems necessary to accomplish its duties and
powers. Employees may be on a full-time, part-time or
consulting basis as the Board determines and it may make
any required employer contributions which municipalities
are authorized or required to make by law.
Section 5. It may conduct such research and investi-
gation and take such action as it deems necessary, including
appearance and participation in proceedings of state and
federal regulatory and legislative agencies, on any matter
related to or affecting electric costs, rates, supplies and
electric franchises, and advise the members concerning such
matters, with a view toward obtaining compliance with the
franchises which have been granted by the members to the
company and insuring reasonable electric rates for the
7
members and their residents.
Section 6. The Board may obtain from company and
from any other source such information relating to electric
rates and costs as any of its members is entitled to obtain.
Section 7. It may receive and hold moneys from the
Company to finance the Authority in the manner and to the
extent provided by the uniform franchise; and it may accept
voluntary contributions from its members if the members
determine that unusual circumstances warrant providing the
Authority with additional financ ial support; but the Board
shall not have any taxing power. It may accumulate reserve
funds and may invest and reinvest its funds not needed for
current operating expenses in the manner and subject to the
limitations applicable by law to villages. The Board shall
not at any time incur obligations in excess of funds then
available to the Authority.
Section 8. It may contract for space, material, and
supplies either with a member or with other parties.
Section 9. The Board shall provide for an annual
independent audit of the books and accounts of the Authority
and shall nuke a financial accounting and report to the
members at least once each year. The books and records of
the Authority shall be available for and open to examination
by its members at all reasonable times.
Section 10. The Board may accept gifts, apply for and
use grants of money or other property from members or other
8
governmental units or organizations, and may enter into
agreements required in connection therewith and may hold,
use, and dispose of such moneys or property in accordance
with the terms of the gift, grant or agreement relating
thereto.
Section 11. The Board shall establish the annual
budget for the Authority as provided in Article IX.
Section 12. The Board may delegate authority to the
Executive Committee, between Board meetings. Such delegation
of authority shall be by resolution of the Board and may be
conditioned in such manner as the Board may determine.
Section 13. It may purchase public liability insurance
and such other borsds or insurance as it may deem necessary.
Section 14. The Board may exercise any other power
necessary and convenient to the implementation of the powers
arid duties which it or the Rate Administrator is given under
the provisions of this agreement.
VII. OFFICERS
Section 1. The officers of the Board of Directors
shall consist of is chairman, a vice chairman and a secretary-
treasurer who shall be elected by the Board at the annual
meeting held in even numbered years after the organizational
meeting. New officers shall take office at the adjournment
of the annual meeting of the Board at which they were elected.
Section 2. A vacancy in the office of chairman, vice
chairman or secretary-treasurer shall occur for any of the
9
reasons for which a vacancy in the office of director shall
occur. Vacancies shall be filled by the Executive Committee
until the next meeting of the Board.
Section 3. The chairman shall preside at all meetings
of the Board. The vice chairman shall act as chairman in
the absence, disqualification or disability of the chairman.
Section 4. The secretary-treasurer is responsible
for keeping a record of all the proceedings of the Board
and the Executive Committee, for custody of all funds, for
the keeping of all financial records of the organization
and for such other matters as are delegated to him by the
Board. Persons may be engaged to perform such services
under h.is supervision and direction as authorized by the
Board. The secretary-treasurer shall post a fidelity bond
or other insurance against loss of organization funds in
amount approved by the Board at the expense of the Authority.
The secretary-treasurer may be compensated for his services
in such amounts as may be established by the Executive
Committee.
VIII. EXECUTIVE COMMITTEE
Section 1. The Board shall provide in its by-laws
for the nomination of candidates for and the election of
an Executive Committee consisting of no more than fourteen
persons, plus the Chairman of the Authority who is ex
officio Chairman of the Executive Committee with a vote.
10
tt
Candidates for election need not be directors and a
director may nominate more than one candidate. At the
election each member of the Board may cast a number of
votes equal to the number of offices to be filled
multiplied by the number of votes to which the director
is entitled under Article IV; and such votes nay be cast
for any number of candidates. In the case of tie votes
among candidates their ranking in terms of number of votes
received shall be decided by lot. This method of cumulative
voting is authorized for the election of the Executive
Committee and for no other purpose. At the first organiza-
tional meet ing of the Authority, the Board shall establish
procedures for the election of the initial members of the
Executive Committee in accordance with this Article.
Section 2. Members of the Executive Committee shall
serve for a term of two years and until their successors
are appointed and qualify; except that of the members
initially elected, the candidates receiving the first, third,
fifth, seventh, ninth, eleventh and thirteenth highest total
of votes, respectively, shall serve until the annual- meeting
of the Authority in 1976, and the other candidates elected
shall serve until the annual meeting in 1975. Each member
of the Executive Committee ham one vote. A majority of the
Committee constitutes a quorum, but a smaller number may
adjourn froze time to time. The Board in its by-laws may
provide for compelling the attendance of members of the
11
Executive Committee at meetings thereof and for the dis-
qualification of members of the committee for non-attendance.
Section 3. The Executive Committee shall meet at the
call of its chairman or upon the call of any two other
members of the Executive Committee. The date and place
of the meeting shall be fixed by the person or persons
calling the meeting. At least 48 hours advance written
notice of such meeting shall be given to all members of
the Executive Committee by the person or persons calling
the meeting. Such notice, however, may be waived by any
or all members who actually attend the meeting or who give
written waiver of such notice for a specified nesting.
Section 4. The Executive Committee has the following
powers and duties in addition to those granted by Section 7
of this Article:
(a) It shall exercise the powen and perform the
duties delegated to it by the Board of Directors,
subject to such conditions and limitations as may be
imposed by the Board.
(b) It shall prepare a proposed annual budget
each year which shall be submitted to the Board of
Directors at least thirty days prior to the annual
meeting.
(c) It shall present a full report of its
activities at each regular meeting of the Board.
12
Section 5. Subject to the provisions of the approved
budget the Executive Committee shall have the authority to
appoint, fix the conditions of employment of, and remove any
employees of the organization.
Section 6. The Executive Committee may adopt by-laws
governing its own procedures in accordance with this
agreement and subject to the supervision of the Board.
Section 7. The Executive Committee has those powers
and duties assigned to it by the uniform franchise and such
other powers and duties essential to the administration of
the uniform franchises and convenient to the conduct of
the Authority's affairs as are delegated to it by the Board.
IX. FINANCIAL MATTERS
Section 1. The fiscal year of the Authority is the
calendar year.
Section 2. Authority funds may be expended in
accordance with the procedures established by law for the
expenditure of funds by villages. Orders, checks and
drafts shall be signed by the chairman or vice chairman
and countersigned by the secretary-treasurer or such other
person as shall be designated by the Board. Other legal
instruments shall be executed on behalf of the Authority
by the chairman and the secretary-treasurer. Contracts
shall be let and purchases shall be made in accordance with
the legal requirements applicable to villages.
Section 3. The activities of the Authority shall be
13
financed by contributions from the Company as provided in
the uniform franchises.
Section 4. An annual budget shall be adopted by the
Board at the annual meeting each year. Copies of the budget
shall be mailed promptly to the chief administrative officer
of each member. The budget is deemed approved by the members
except one who, prior to April 1 of the year involved, gives
notice in writing to the secretary-treasurer that it is
withdrawing from the Authority.
X. DURATION AND DISSOLUTION
Section 1. This agreement sball be in effect during
the term, including renewal terms, of the uniform franchises,
and for such additional period not exceeding one year as is
necessary for the Board to provide for final disposition
of the affairs of the Authority.
Section 2. A member may withdraw by filing written
notice thereof with the secretary of the Authority at least
90 days prior to the termination of its franchise, giving
ncatice of withdrawal at the end of the calendar year; and
membership shall continue until the date of its franchise
termination. A notice of withdrawal may be rescinded by a
member at any time. If a governmental unit withdraws
before dissolution of the Authority, such governmental unit
shall have no claim to the assets of the Authority.
Section 3. The Authority shall be dissolved whenever
the withdrawal of a member reduces total membership in the
Authority to less than the number of members required for
initial membership. In the event of dissolution, the Board
shall determine the measures necessary to effect the
dissolution and shall provide for the taking of such measures
as promptly as circumstances permit subject to the provisions
of this agreement. Upon dissolution of the Authority, all
the remaining assets of the Authority, after payments of
obligations, shall be distributed among the then existing
members in proportion to the number of their votes and in
accordance with procedures established by the Board.
IN WITNESS WHEREOF, the undersigned goverranental unit
has caused this agreement to be signed and delivered on its
behalf.
In the presence of
VILLAGE OF EDEN PRAIRIE
By
Mayor
By
Dated: , 1973
Clerk
Filed in the office of City Manager of Columbia Heights,
Minnesota, this
day of , 1973.
is
VILLAGE OF EDEN PRAIRIE, MINNESOTA •
RESOLUTION AUTHORIZING PARTICIPATION IN THE
METRO RATI. AUTHORITY; DIRECTING THE
EXECUTION AND DELIVERY OF A JOINT POWERS
AGREEMENT; ANL) DESIGNATING A REPRESENTATIVE OF
THE VILLAGE AS ITS MEMBER ON THE BOARD
OF THE METRO RATE AUTHORITY.
WHEREAS, the Village of Eden Prairie is authorized
by Minnesota Statutes, Section 471.59 to enter into joint
and cooperative agreements with other governmental
units, and
WHEREAS, the Village council has determined that
it is necessary and desirable that the Village cooperate
with other municipalities in the regulation of electric
utility service in the Metropolitan Area by participating
in the Metro Rate Authority, and
WHEREAS, the Village has granted a uniform franchise
to Northern States Power Company and is, therefore,
eligible for membership in the Metro Rate Authority, an
organization established to administer the rate provisions
of such uniform franchises adopted by its members.
NOW, THEREFORE, bE IT RESOLVED By the Village
Council of Eden Prairie, Minnesota, as follows;
1. The Mayor and Clerk are authorized and directed
to execute the attached Joint and Cooperative Agreement
providing for membership of the Village in the Metro Rate
Authority.
2. In accordance with the provisions of the Joint and
Cooperative Agreement, the council hereby designates
as its first director on the Board of
Directors of the Metro Rate Authority.
3. The Village clerk is directed to file a
copy of the executed agreement together with a certified
copy of this resolution with the city manager of the City
of Columbia Heights.
X DO HEREBY CERTIFY that I am the Village Clerk of
the Village of Eden Prairie, Hennepin County, Minnesota,
and that I am the custodian of its records, that the above
is a true and correct copy of the resolution adopted at
a meeting of the Village Council held on
1973.
Clerk
2
ORDINANCE NO.
VILLAGE OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION
TO CONSTRUCT, OPERATE, REPAIR, AND MAINITAIN, IN THE VILLAGE
OF EDEN PRAIRIE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM
AND TRARSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES,
AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELECTRIC
ENERGY TO THE VILLAGE AND ITS INHABITANTS, AND OTHERS,
AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS
OF SAID VILLAGE FOR SUCH PURPOSES; PRESCRIBING CERTAIN
URNS AND CONDITIONS THEREOF, AND PRESCRIBING THE RATES TO BE
CHARGED THEREFOR,
THE COUNCIL OF THE VILLAGE OF EDEN PRAIRIE
DOES ORDAIN AS FOLLOWS:
Section 1. PURPOSES. Northern States Power Company,
a corporation organized under the laws of the State of
Minnesota, owns and operates property used and useful in the
production, transmission, distribution and sale of electricity
in the Village of Eden Prairie.
The Village Council has determined that it is
desireidle, in the public interest, and to the advantage of
tne consumers of electricity in Eden Prairie, that a
franchise be granted to Company upon the terms and
conditions contained herein.
Company, in consideration of benefits accruing to
it under the franchise agrees to supply electric service
in Eden Prairie upon the terms and conditions
contained herein.
Section 2. DEFINITIONS. Subdivision 1. In this
ordinance "Municipality", "Municipal Council", and
"Municipal Clerk" mean, respectively, the Village of Eden
Prairie, tne Council of the Village of Eden Prairie, and
the Clerk of the Village of Eden Prairie. If at any time
the powers of the Municipality, the Municipal Council, or
the Municipal Clerk shall be transferred to any other
authority, board, office, or of ficers, then such authority,
board, officer, or officers shall have the rights, power,
and duties herein given to the Municipality, the Municipal
Council, and the Municipal Clerk, respectively.
Subd. 2. "Company" means Northern States Power
Company, a Minnesota Corporation, its successors and assigns.
Subd. 3. "Metro Area" includes all areas served
with electricity by Company in the Counties of Hennepin,
Ramsey, Washington, Dakota, Anoka, Carver, and Scott.
Subd. 4. "Metro Rate Authority" or "Authority'
means the organization of municipalities created by joint
agreement and amendments thereto, pursuant to Minnesota
Statutes Section 471.59 and which is authorized to administer
provisions of this ordinance as herein provided. The Authority
consists of representatives of all municipalities which adopt
this uniform franchise ordinance.
2
Subd. 5. "Executive Committee" or "Committee"
means the committee appointed by the Authority. The
Committee shall consist of not more than 15 members. The
Committee shall have those powers specified in this
franchise and those delegated to it by the Authority
pursuant to the joint agreement.
Subd. 6. "Party" means the Municipality, the
Authority or Company.
Subd. 7. "Person" may extend and be applied to
bodies politic and corporate, and to partnerships and other
unincorporated associations.
Subd. 8. "Notice" means a writing served by any
party or parties on any party or parties. In the case of
Company, notice shall be mailed to an officer thereof at
414 Nicollet Mall, Minneapolis, Minnesota. In the case of
Authority, notice shall be mailed to the Rate Adininistrator.
In the case of Municipality, notice shall be mailed to the
Municipal Clerk.
Subd. 9. "Rate Administrator" means a professional
person qualified and experienced in public utility
regulatory matters. The Rate Administrator is appointed
by the Authority.
Section 3. GRANT. Subdivision 1. There hereby is
granted to Company for the period extending to January 1,
1983, (subject to termination on December 31, 1977 upon
I.
3
notice from Company to Municipality and Authority, or
upon notice of Municipality to Authority and Company at least
90 days before said date of December 31, 1977) the right
and privilege of constructing, operating, repairing, and
maintaining in, on, over, under, and across the streets,
alleys, public ways, and public grounds of Municipality, an
electric distribution system and electric transmission lines,
including all poles, pole lines, conduits, and fixtures and
appurtenances, usually, conveniently, or necessarily used
in connection therewith, for the purpose of transmitting and
furnishing electric energy for light, heat, power, and
other purposes for public and private use in and to
Municipality and the inhabitants thereof, and others,
and for the purpose of transmitting electric energy into
and through Municipality. The electric distribution system
and transmission lines shall be so located as not to
interfere with the safety and convenience of ordinary
travel along and over said streets, alleys, public ways,
and public grounds.
Subd. 2. This ordinance is intended to regulate
the exercise of the rights and privileges granted to
Company herein. Nothing in this ordinance is to be
construed to modify, alter or amend any statutory or
charter power of the Municipality to regulate the use of
its streets, alleys, public ways and public grounds. Such
regulations, insofar as they do not affect the rate
4
regulation and administration provisions of th
i
s
o
r
d
i
n
a
n
c
e
,
need not be identical among members of the Au
t
h
o
r
i
t
y
.
Subd. 3. Nothing in this ordinance prevents
t
h
e
powers of the Authority from being hereafter
d
e
l
e
g
a
t
e
d
b
y
law to some other governmental authority.
Section 4. EXTENSIONS; SERVICE; RULES AND REG
U
L
A
T
I
O
N
S
.
Subdivision 1. Company shall provide reason
a
b
l
y
e
f
f
i
c
i
e
n
t
,
adequate and non-discriminatory service, at r
e
a
s
o
n
a
b
l
e
rates, to all members of the public within the
M
u
n
i
c
i
p
a
l
i
t
y
who apply for such service in accordance with
r
u
l
e
s
a
n
d
regulations of Company.
Subd. 2. Company may, from time to time, pro
m
u
l
g
a
t
e
rules and regulations which are reasonably n
e
c
e
s
s
a
r
y
o
r
convenient in the conduct of its business. T
h
e
r
u
l
e
s
a
n
d
regulations may govern matters, including b
u
t
n
o
t
l
i
m
i
t
e
d
to, forms, contracts, extensions of service,
c
u
r
t
a
i
l
m
e
n
t
o
f
service, reconnection charges, billings, sec
u
r
i
t
y
d
e
p
o
s
i
t
s
,
and late payment charges, if any. Existing ru
l
e
s
a
n
d
regulations of Company shall be filed promp
t
l
y
w
i
t
h
t
h
e
Authority and shall become effective on filin
g
.
T
h
e
y
s
h
a
l
l
be kept open for public inspection. Thereafter
C
o
m
p
a
n
y
may file amendments thereto or additional rule
s
a
n
d
regulations. Within 60 days after such filing
t
h
e
E
x
e
c
u
t
i
v
e
Committee may, on its own motion or on the r
e
q
u
e
s
t
o
f
Municipality, review such amendments or rule
s
a
n
d
r
e
g
u
l
a
t
i
o
n
s
.
I
5
'The Committee, after public hearing, may by resolution
disapprove any such amendment or rule and regulation which
is unreasonable or unlawful.
Section 5. SERVICE INTERRUPTION. Subdivision 1.
Company will provide continuous, adequate and non-
discriminatory electrical service in the Municipality.
Subd. 2. Company's provision of electric service
to its customers is subject to interruption and disturbance
of service due to:
(a) conditions beyond its control;
(b) necessary maintenance and operation of its
system;
(c) effect of operations of any interconnecting
electric systems;
(d) curtailment of electric service as may be
prudent to maintain service to priority loads
or to maintain the operating stability of
Company's system; or
(e) Temporary interruptions or disturbance of
service;
neither Company, Municipality, the Authority nor any
customer shall be liable for damage or loss for interruption
or disturbance of service due to said causes. Company will
not be in breach of this franchise for interruptions of
service due to such causes.
6
Subd. 3. Company will promptly take such action as
may be practicable under the circumstances to remove the
cause of any interruption, disturbance, or curtailment and
to resume normal delivery of electric service.
Section 6. NONEXCLUSIVE FRANCHISE. This is not
an exclusive franchise.
Section 7. RATES. Subdivision 1. The rates and
charges imposed and collected by Company for services in
the Metro Area shell be fair, just, reasonable and
compensatory and designed to recover all reasonable costs
of service therein, including a reasonable return as
herein provided on the capital investment in the business
under an economical and efficient management.
Subd. 2. The rates charged to any class of customers
will not cast an undue burden on any other class of
customers nor shall any rates charged to customers within
the same class of service cast an undue burden on other
customers within that class.
Subd. 3. The schedule of rates contained in Appendix
A, attached and made a part hereof by reference, is
effective as to all bills computed on regular meter readings
on and after the effective date of this ordinance. The
schedule shall remain in effect until changed in accordance
with Section 8 of this franchise. The cost to the Company
of any franchise fee, street rental charge, gross receipts
taxes, or any other duties or imposts, imposed by the
7
Municipality will be recovered by Company as a surcharge
to such rates within the Municipality. Ad valorem taxes
may not be recovered by a surcharge. Such surcharge will
be equitably distributed among electric customers in the
Municipality.
Section 8. RATE CHANGES. Subdivision 1. Company
may change its rate structure by changing classification
of rates, the number of blocks, size of blocks, the price
differential between blocks, or by adding a new classification
of rates or by closing or withdrawing any existing rate
classification or schedule. Any such change which does
not result in a higher rate for an existing customer may
be made upon twenty days notice to the Rate Administrator
arid shall be supported by data showing the desirability
of the change and the reasonableness thereof. Other changes
in rate structure shall be made under Subd. 2 of this
section.
Subd. 2. The rates contained in Appendix A shall
remain in effect until March 15, 1974. On or before
February 1, 1974, and thereafter on or before February 1
of each year during the term of this ordinance, Company
shall file notice with the Authority that it will either
continue, decrease, or increase the rates or continue or
change the rate structure which will become effective
on bills rendered on and after March 15 of that year, to
enable Company to realize Actual Net Earnings during the
8
calendar year of filing equal to the Allowable Annual
Return, as defined in Section 10 plus part or all of
any debit balance or less part or all of any credit
balance in the Stabilization Reserve Account established
under Section 15. The filing shall recite the proposed
change or continuance and the forecasts substantiating
it. Provided however, in order to minimize or prevent
excessive fluctuation in the rates, the Company may
additionally once during a calendar year, but not prior to
July 15 thereof, adjust the rates in the same manner as
provided above.
Subd. 3. The rates to become effective on and after
March 15, 1974, pursuant to Subd. 2 of this section, shall be
subject to a temporary reduction during the year 1974 totaling
$6,000,000. Such reduction and any credit balance in the
Stabilization Reserve Account resulting from 197 3 operations
will be applied only to the bills of customers located
in those areas of the Metro Area in which the base
electric rates for residential service, general service, and
large general service were no less than such base electric rates
charged in the City of Minneapolis on January 1, 1973. Base
electric rate means the charge to the customer for electric
service excluding any franchise fee, street rental charge,
gross receipts tax or duties or imposts, imposed by the
municipality included in or added to said charge.
9
-•n•••
Subd. 4. Increases or decreases in rates or the
continuance of existing rates shall be based on forecasts
for the calendar year of filing of expenses, capital costs
and of the revenues required to enable Company to earn an
amount equal to the Allowable Annual Return defined in
Section 10, plus part or all of any debit balance
or less part or all of any credit balance in the
Stabilization Reserve Account as provided in Section 15.
Subd. 5. Company will annually supply
forecast data to the Rate Administrator in accordance with
tkze following schedule:
Revenue Budget November 1
Expense Budget December 1
Capital Budget December 15
or on such later dates as the Rate Administrator may
atzthorize.
Subd. 6. On or before December 1, 1975, and at
intervals of no more than five years thereafter, Company
shall furnish a current study of its rate structure to the
Authority.
Subd. 7. On or before March 1 of each year
Company will supply Authority with a tabulation of
customers and revenues attributable to each Municipality
in the Metro Area for the previous calendar year.
Section 9. RATES; RATE num. Subdivision 1. Any
f iling by Company with the Authority to change or continue
10
any rates or rate structures as provided in Section 8,
Subd. 2, may be altered, amended, or revised by the
Executive Committee in conformance with and subject to the
provisions of this ordinance.
Subd. 2. The Rate Administrator shall make written
recommendations as to the filing to the Executive Committee
within 20 days of the filing.
Subd. 3. Any alteration, amendment, or revision in
the filing shall be made by written order of the Executive
Committee which sets forth its findings and conclusions upon
all material issues. The order shall be served on Company
within 35 days after notice of the proposed change or
continuance of rates has been filed with the Authority.
Subd. 4. Company may obtain judicial review de
novo of any Executive Committee order of alteration,
amendment or revision of rates in the District Court of
Hennepin County if proper application is made therefor
within 30 days after service of the order of the Executive
Committee upon Company. If judicial review is applied for,
the rate proposed by Company in Section 8, shall be in effect
until the question of such alteration, amendment, or
revision, is finally determined by the court. In such
review and determination Company has the burden of proof.
At the time of applying for judicial review, Company shall,
if ordered by the Court, file with the Clerk a corporate
undertaking obligating it to comply with such relief as
11
the court may order consistent with the provisions of this
franchise.
Subd. 5. The rates determiried under Section 8
or this Section are the "metro Area Rates".
Section 10. RATE MAKING: DEFINITIONS. Subdivision
1. For the purposes of this ordinance, the terms defined
in this section have the meanings given them.
Subd. 2. "Allowable Annual Return" means the product
obtained by multiplying the Allowable Rate Base by the
Allowable Rate of Return.
Subd. 3. "Allowable Rate of Return" means
the weighted average actual cost for the year of filing of
1) Senior Capital of Company and its utility subsidiaries
and 2) the Allowable Return on Colson Equity. The weight to
be given to each class of capital shall be based on Company
and its utility subsidiaries' actual average outstanding
amount of each class throughout the year of filing.
Subd. 4. "Allowable Return. on Corson Equity" means
that return on common equity capital determined pursuant to
Section 12.
Subd. 5. "Senior Capital" means all debt, including
short-term debt, and preferred stock..
Subd. 6. "Cost of Senior Capital" means the
weighted average cost of all senior capital, where the
cost of each issue is obtained by multiplying the principal
amount of the issue by the interest rate in the case of
12
debt and by the dividend rate in the case of preferred stock,
and dividing by the net proceeds of the issue.
Subd. 7. "Net proceeds" in the case of long-term
debt capital means the principal amount issued, plus
premiums received, less issuance expense and discounts. In
the case of short-term debt capital, the term means the sum
of a) the principal amount of bank loans outstanding, and
b) the principal amount of commercial notes, less prepaid
interest. In the case of preferred stock, the term means
the stated value plus premiums, less issuance expense and
discounts. In the case of re-acquisition, retirement or
refunding of long-term debt or preferred stock, the call
premiums, expenses and discounts are to be considered as
part of the over-all cost of capital.
Subd. 8. "Actual Net Earnings" for the year 1973
means actual gross revenues of Company received for electric
utility service furnished in the Metro Area less operating
expenses reasonably incurred in rendering such service.
For subsequent years said term means gross revenues of Company
for electric utility service furnished in the Metro Area
computed at the Metro Area Rates, less operating expenses
reasonably incurred in rendering such service. To the
resulting net income shall be added that portion
of the amount credited under the Uniform System of Accounts
to Allouance for Funds Used During Construction applicable
13
to construction work in progress included in the Allowable
Rate Base in Subd. 9 hereof. For the years 1973 and 1974
such allowance shall be computed at the rate of 8%. Thereafter,
the annual percentage rate applied to determine the Allowance
for Funds Used During Construction shall be the lower of
a) the nearest even one-half percent below the projected
overall rate of return or b) the current incremental cost
of financing new construction, and shall change only in
increments of one-half percent, provided, however, that
such annual percentage rate shall not be more nor less
than that required by the Federal Power Commission.
Operating expenses shall include Research and
Development expenses and donations made for charitable,
social, or community welfare purposes. Research and
Development expenses shall be accounted for in the manner
provided in the Uniform System of Accounts.
Subd. 9. "Allowable Rate Base" means the average
of net plant less customer contributed capital and plus
working capital. Net plant means a) the original cost of
electric utility plant and common utility plant used and
useful in rendering electric service in the Metro Area,
plus b) that portion of the original cost of plant
held for future use and construction work in progress
applicable to the Metro Area, less c) related booked
reserves for depreciation and amortization.
Customer contributed capital means amounts
14
related to service in the Metro Area contributed or advanced
by customers for construction and amounts collected from
customers through rates and charges for deferred operating
expenses and taxes except where deduction of the deferred
amount is specifically prohibited by Internal Revenue Laws.
Said amounts shall include but are not necessarily limited
to amounts credited under the current Federal Power
Commission Uniform System of Accounts to Accounts 252
Customer Advances for Contruction, 255 Accumulated Deferred
Investment Tax Credits (except that portion where deduction
from the rate base is prohibited by the Internal Revenue
Laws) , 271 Contributions in Aid of Construction, 281
Accumulated Deferred Income Taxes - Accelerated Amortization,
282 Accumulated Deferred Income Taxes - Liberalized
Depreciation, and 283 Accumulated Deferred Income Taxes
- Other.
Unless otherwise mutually agreed upon between
Company and the Executive Committee, working capital means and
includes the following, based on amounts allocable to the
Metro Area: (a) cash working capital equal to one-eighth
of operation and maintenance expenses excluding purchased
power and one-half of fuel expenses, plus average
compensating bank balances to support short-term borrowings,
less the monthly average of accrued property and income
taxes, but cash working capital shall not be less than
15
zero; plus (b) monthly average prepayments; plus (c)
monthly average materials and supplies; plus (d) monthly
average fuel stocks; plus (e) monthly average miscellaneous
deferred debits.
Section 11. ALLOWABLE RATES OF RETURN. Subdivision
1. At the time of an annual rate filing, a projection of
Allowable Rate of Return shall be used as a basis for
calculating allowable revenue for the calendar year of
filing. At the close of such year the Allowable Rate of
Return shall be determined and shall be used as a basis
for the Allowable Annual Return.
Subd. 2. Allowable Rates of Return and projections
thereof shall be calculated to the nearest one-hundredth of
one percent.
Section 12. ALLOWABLE RETURN ON COMMON EQUITY.
Subdivision 1. Company shall be allowed a Return on
Common Equity for the Metro Area for the calendar year
1973 of 13.25%. For the calendar year 1974 Company shall
be allowed a Return on Conon Equity for the Metro Area of
11.95%. For years subsequent to 1974, Company or the
Executive Committee may request a prospective change in
the Allowable Return on Common Equity. Such requests shall
be made during the period between November 15 and December
15 in any year, to be effective as of January 1 of the
next year, by serving upon the other Party a notice stating
the reasons supporting such change and specifying the
16
proposed Allowable Return on Common Equity for the year.
If no request is made the Allowable Return on Common Equity
remains in effect.
Subd. 2. The request for change in the Allowable
Return on Common Equity shall be reviewed by the Rate
Administrator who shall forthwith set a date prior to January
15 for hearing upon such request. He shall give 10 days
notice of such hearing published once in a legal newspaper
in each county in the Metro Area. At least two days prior
to the hearing date, any person may file with the Rate
Administrator a written notice of intention to appear at
the hearing and of the nature and extent of his parti-
cipation. Only persons complying with this notice
provision may be heard at the hearing. The Rate
Administrator shall prescribe reasonable rules and
regulations for the conduct of such hearings. Upon
completion of the hearing, and no later than February 15,
the Rate Administrator will serve on Company and the
Authority a written order determining the Allowable Return
on Common Equity for the current year and setting forth
his findings and conclusions on all material issues
relative to his determination. If no appeal is taken
from the Rate Administrator's order of determination,
the order is final, If an appeal is taken from the Rate
Administrator's order of determination, the order is an
interim order and shall remain in effect until finally
17
determined, provided that the effective Allowable Return on
Common Equity for interim rates shall not be less than
that existing at the time of the filing for a change in the
Allowable Return on Common Equity. The Allowable Return on
Common Equity finally determined shall be effective as of
the proposed effective date.
Subd. 3. Within ten days after receipt of the
order of determination, any Party may appeal the order to a
hearing panel by filing a notice of appeal with the Authority
and Company. The panel shall consist of three members
of professional standing, each having one vote. The
members of the hearing panel. shall be selected as follows:
Within 20 days of notice of appeal the Company and the
Authority shall each appoint a panel member and each shall
immediately notify the other of such appointment. The
two panel members so appointed shall, within five days
after the second member is appointed, select a third panel
member. If the first two panel members are amble to agree
on a third panel member, the third panel member shall be
appointed by the Chief Judge of the Hennepin County District
Court upon application of either Company or Authority with
five days notice to the other. In the event either Company
or Authority fails within said twenty days to appoint a
panel member, the member appointed by the other party
shall proceed as a single member and issue his order, which
shall constitute the order of the panel.
18
Subd. 4. The review by the panel of the Rate
Administrator's determination shall be de novo and the
panel shall consider all evidence material and relevant
to the issues raised by such appeal. The hearing shall be
conducted in the manner prescribed by Chapter 15, Minnesota
Statutes, for conduct of administrative hearings. The
burden of proof shall be upon the appellant. Only those
Parties and Persons who appeared before the Rate
Administrator may appear before the panel.
Subd. 5. The panel shall determine the Allowable
Return on Common Equity by written order served on Company
and the Authority, which order shall set forth its findings
and conclusions, including the bases therefor, upon all
material issues relative to such determination. The
determination of the panel shall be made within 60 days
after the third panel member is selected. If no appeal is
taken from the panel's order of determination the order is
final.
Subd. 6. Any Party aggrieved by a final order of
the hearing panel is entitled to judicial review thereof
in the District Court of Hennepin County if proper application
is made therefor within thirty days after the hearing panel
has served its order. The review shall be conducted by the
Court without a jury and shall be confined to the record,
except that in cases of alleged irregularity in procedure
before the hearing panel not shown on the record, testimony
thereon may be taken by the Court • Except as otherwise
19
provided, all proceedings shall be conducted according to
the provisions of Minnesota Statutes Sections 15.0424 —
15. 0426.
Subd. 7. The Court may affirm the decision of the
hearing panel or remand the case for further proceedings;
or it may reverse or modify the decision if the substantial
rights of the appellant have been prejudiced because the
hearing panel's findings or conclusions are:
(a) In violation of constitutional provisions; or
(b) In excess of the authority conferred upon said
hearing panel by this ordinance; or
(c) Made upon unlawful procedures; or
(d) Affected by other error of law; or
(e) Unsupported by substantial evidence in view
of the entire record as sulxsitted; or
(f) Arbitrary or capricious.
Section 13. STANDARDS FOR DETERMINING ALLOWABLE
RETURN ON COMMON EQUITY. The Allowable Return on Common Equity
is determined by and must satisfy the following standards:
(a) The Allowable Return on Common Equity shall
permit Company to earn a return on its equity
investment in property which it employs for
the convenience of the public equal to that
generally being made at the same time and in
the same general part of the country on similar
investments in other business undertakings
20
which are attended by corresponding risks and
uncertainties.
(b) The Allowable Return on Common Equity shall be
reasonably sufficient to assure confidence in
the financial soundness of Company.
(c) The Allowable Return on Common Equity shall be
adequate under efficient and economical
management to maintain and support Company's
credit and enable it to raise the money
necessary for the proper discharge of its
public duties.
Section 14. ACTUAL NET EARNINGS. Subdivision
1. In the computation of Actual Net Earnings, appropriate
items may be amortized or accrued according to generally
accepted accounting principles and, except as otherwise
provided in this ordinance for specific items, the amounts
and rates of amortization or accrual shall be based upon the
actual experience of Company where such experience exists.
Subd. 2. An allocation shall be made by Company
of operating expenses and utility plant within and outside
the Metro Area on a basis that reasonably reflects the
occurrence of such expenses and plant for rendering service
within and outside the Metro Area.
Section 15. STABILIZATION RESERVE ACCOUNT.
Subdivision 1. Actual Net Earnings greater or less than
the Allowable Annual Return in any calendar year
21
shall be credited or debited to an account designated the
"Stabilization Reserve Account".
Subd. 2. Any credit balance in said account shall be
credited monthly with interest computed at the current prime
interest rate.
Subd. 3. All or part of any debit or credit
balance in said account may be amortized over not more than two
years to balance earnings and to minimize fluctuations
and stabilize rates in the Metro Area. By agreement of
the Executive Committee and Company all or part of any
debit or credit balance in said account may be amortized
over more than two years to balance earnings and to
minimize fluctuations and stabilize rates in the Metro
Area.
Subd. 4. Any credit balance in the Stabilization
Reserve Account shall not be used to benefit customers
located in Municipalities where rates lower than the Metro
Area Rates were charged in the period during which such
credit accrued.
Subd. 5. Any balance in said account at termination
of the rate-making process in the Metro Area provided for in
this franchise shall be promptly refunded or otherwise
recognized for customers' benefit.
Section 16.. RESERVE FOR DEPRECIATION AND
AMORTIZATION OF UTILITY PLANT. Subdivision 1. The Company's
22
books of account shall contain an account designated as
"Reserve for Depreciation and Amortization of Utility
Plant", or similar caption, which shall show
accumulated charges to operating expenses on account of
depreciation adjusted for salvage and retirements in
accordance with Subd. 2 of this section. The annual
charges to operating expenses for depreciation of depreciable
property used and useful in rendering electric service in
the Metro Area shall be an amount designed to recover
ratably the original cost of such depreciable property
over the estimated average service life of each group of
property. Annual depreciation rates shall be revised
periodically so as to reflect all factors bearing on the
recovery of the original cost of such depreciable property
over its estimated average service life. At least once
every five years the Company shall prepare a depreciation
study analyzing retirement experience and other factors
relevant to the establishment or depreciation rates. Such
study shall be used as a guide in determining the depreciation
rates to be used to recover the original cost of depreciable
property.
Suloct. 2. The actual original cost of property
abandoned, otherwise retired from service or not used and
useful in the public service for any cause, shall be
credited to the appropriate plant account. Such original
23
cost plus the costs incidental to said abandonment or
retirement shall be debited to the Reserve for Depreciation
and Amortization of Utility Plant, subject, however, to the
provisions of Subd. 3 of this section.. The salvage value
received and any other amounts recovered from said property
shall be credited to said Reserve.
Subd. 3. When a substantial segment of Company's
utility plant is abandoned or retired from service because
of unusual obsolescence or property damage and such property
is not fully covered by the Reserve for Depreciation and
Amortization of Utility Plant, other reserves or by
insurance, the unrecovered balance of such property after
consideration of tax effects shall be credited to said
Reserve or other appropriate reserve and be debited to a
deferred account designated as "Extraordinary Property
Losses", or similar caption. Debits to said deferred
account shall be amortized by charges to operating expenses
as provided for in Section 14, and the unamortized balance
shall be included in the Allowable Rate Base.
Subd. 4. If the actual original cost is not
shown by the books and records of Company or its pre-
decessors, such amount shall be estimated and a record
be made by Company showing the facts upon which said
estimate was based, the manner in which it was determined,
and the person by whom it was made.
Section 17. ACCOUNTS AND RECORDS. Subdivision
24
1. All expense items, whether charged directly and entirely
in a calendar year or amortized or accrued over a longer
period, all revenue items and all balance sheet items
shall be recorded in substantial accordance with the
applicable provisions of the Uniform System of Accounts,
as amended from time to time, by the Federal Power Commission.
When optional accounting is permitted under the Federal Power
Commissions Uniform System of Accounts, Executive Committee
and Company shall agree on the option to be followed for
book and rate making purposes.
Subd. 2. Company shall file with the Authority
(a) schedules showing all of its rates and charges, (b)
forms of service contracts or agreements, and (c) any rules
and regulations relating to rates, charges or service by
Company to its customers in the Metro Area, all of which
shall be open for public inspection. Such schedules, forms
and rules and regulations shall also be kept by Company, and
shall be available at all reasonable times for public inspection.
Subd. 3. Company shall keep, maintain and
preserve proper and accurate engineering, accounting,
financial and statistical records relating to the con-
struction, cost, maintenance and operation of its utility
plant which show all financial transactions, including
receipts and disbursements and the particulars thereof.
Subd. 4. The Authority shall have access at all
25
reasonable times to inspect, examine or audit all of the
accounts, books, records, reports, contracts, documents and
papers of Company relating to its electric operations.
Subd. 5. Procedures and Accounting Manual. As soon
as practicable after the effective date of this Ordinance,
Company and the Rate Administrator shall compile a manual
of procedures and accounting methods to implement this
ordinance in accordance with the standards set forth herein.
The terms of said manual shall apply to all rate filings and
determinations until changed, modified or amended by mutual
agreement of the Company and the Rate Administrator.
Subd. 6. Company shall prepare and file with the
Rate Administrator statements for its electric utility
operations as provided in the Procedures and Accounting
Manual.
Section 18. INDEMNIFICATION. Company shall
indemnify, keep, and hold Municipality, its officers,
employees and agents free and harmless from any and all
liability on account of injury to persons or damage to
property occasioned by the construction, maintenance,
repair, removal or operation of Contpany's property located
in, on, over, under, or across the streets, alleys, public
ways and public grounds of Municipality, unless such injury
or damage is the result of the negligence of Municipality,
its employees, officers or agents, or results from the
performance in a proper manner of acts reasonably determined
to be hazardous by Company, but such performance is
26
nevertheless ordered or directed by Municipality after
notice of such determination by Company. In the event
that suit shall be brought against Municipality under
circumstances where the above agreement to indemnify
applies, Company, at its sole cost and expense, shall
defend Municipality in such suit if written notice of the
suit is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If such
notice is not seasonably given as hereinbefore provided,
Company shal 1 have no duty to indemnify nor defend. If
Company is required to indemnify and defend, it will
thereafter have complete control of such litigation,
but Company may not settle such litigation without the
consent of the Municipality unless Municipality unreasonably
withholds such consent.
Section 19. RELOCATIONS. Subdivision 1.
Whenever Municipality shall grade, regrade or change the
line of any street or public place or otherwise improve any
street or ptablic place or construct or reconstruct any
sewer or water system therein arid shall, with due regard
to seasonal working conditions, reasonably order Company
to relocate permanently its electrical facilities located
in said straet or public place, Company shall relocate
its facilities at its own expense. Municipality shall
give Company reasonable notice of plane requiring such
relocation. Nothing in this ordinance contained shall
27
deprive Company of its rights under Minnesota Statutes
Section 161.46, as amended.
Subd. 2. Where the Municipality orders Company
to relocate any of its facilities, Company shall proceed
with such relocation. If such relocation is done without
an agreement first being made as to who shall pay for the
relocation cost, such relocation of the facilities by
Company shall not be construed as a waiver of its right
to be reimbursed for the relocation cost. If Company
claims that it should be reimbursed for such relocation
costs, it shall notify the Municipality within ten (10)
days after receipt of such order.
Subd. 3. Except where required primarily for a
municipal improvement project, the vacation of any street,
alley, public way or public ground, after the installation
of electrical facilities, shall not operate to deprive
Company of the right to operate and maintain such electrical
facilities, until the reasonable costs of relocating the
same and the loss and expense resulting from such relocation
are first paid to Company.
Section 20. TREE TRIMMING. Company shall have the
permission and authority to trim all trees and shrubs in
the streets, alleys, public ways and public grounds of
Municipality, interfering with the proper construction,
operation, repair, and maintenance of any poles, pole lines,
conduits, fixtures or appurtenances, installed in pursuance
28
of the authority hereby granted, provided that Company shall
save Municipality harmless from any liability in the premises.
Section 21. FRANCHISE TERMINATION. If Company
shall be in default in the performance of any of the
material terms and conditions of this ordinance and shall
continue in default for more than ninety (90) days after
receiving notice from the Municipality of such default,
the Municipal Council may, by ordinance duly passed and
adopted, terminate all rights granted under this ordinance
to Company. The notice of default shall be in writing
and shall specify the provisions of this ordinance in the
performance of which it is claimed that Company is in
default. The validity and reasonableness of any ordinance
so passed declaring a forfeiture of the rights and privileges
granted by this franchise ordinance shall be subject to
review by a court of coznpetent jurisdiction.
Section 22. CEANGE IN FORM OF GOVERNMENT. Any
change of the form of government of the Municipality as
authorized by the State of Minnesota shall not affect the
validity of this franchise. Any municipal corporation
succeeding the Municipality shall, without the consent of
Company, succeed to all the rights and obligations
of the Municipality provided in this franchise.
Section 23. COSTS OF ADMINISTRATION. The
Company agrees to pay to the Authority, an initial sum
29
of $1b0,000 within 30 days after written acceptance
of this franchise by Company, and not less than
$160,000 per year payable in quarterly installments
commencing on January 10, 1974, to be allowed as an
operating expense to the Company and which shall be used
to secure compliance with this ordinance, and for such
other purpose. relating to the Company's costs of service
as the Authority shall deem necessary. The amount of such
annual payment shall be subject to review and revision by the
Authority and Company at the end of 1975 and thereafter
as mutually agreed to.
Section 24. ASSIGNMENT. Company upon notice
to the municipality shall have full right and authority
to assign all rights conferred upon it by this ordinance
to any person, persons, firm or corporation. The assignee
of such rights, by accepting such assignment, shall
become subject to the terms and provisions of this
ordinance.
Section 25. WRITTEN ACCEPTANCE. Company shall,
if it accepts this ordinance and the rights hereby granted,
file a written acceptance of the rights hereby granted
witn the Municipal Clerk within 30 days after the effective
date of the agreement establishing the Authority.
Section 26. REVOCATION. If this uniform franchise
continence is not adopted by July 31, 1973, by Municipalities
30
in which 60% of Company's electric customers in the Metro
Area were located on January 1, 1973, the Municipal Council
may revoke the same. However, this right of revocation
shall terminate when the Authority is established. For
this purpose each Customer Account of Company shall be
deemed a customer. Company shall notify the Municipal
Clerk in writing whether the above condition has been
met. If revoked, the provisions of this ordinance
shall be without prejudice in any subsequent proceeding.
Section 27. EFFECT ON EXISTING FRANCHISE. It is
the intention of the Council that this franchise ordinance
is effective upon compliance with Section 25 and
that it shall thereafter govern the rights and duties of
Company and Municipality until its termination.
Section 28. PUBLICATION EXPENSE. The expense of
publication of this franchise ordinance shall be paid by
Company.
Passed and approved: , 1973.
Wyor
ATTEST
Clerk
31
APPENDIX A
RESIDENTIAL SERVICE
Availability Available to any residential customer for domestic purposes only,
in a single private residence.
Rate First 60 kilowatt-hours per month
Next 140 11 VI ft 11
Next 3:10 11 • 11 11
Next 300 11
If f• It
Excess It
S 5.100 per kwh
• 2.75
• 2.28 " "
• 2.00 " "
• 1.65 "
11
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
—rd-er—No. 1.
Monthly Minimum Charge $2.00
Underground Residential Distribution For service fran an Underground Residentia
l
Distribution system in which all underground facilities are installed, owned
and maintained by Company, a charge of $2.00 will be added to the monthly bill
computed above for a period of not to exceed 30 years from date of installation.
In lieu of the monthly charge, a nonrefundable contribution of $220 mey be made
at any tine. Such contribution for any residence served hereunder shall apply
to that residence only and shall relieve the contributor and any successor cus-
taller at that residence of any obligation to pay a monthly charge thereafter.
Such monthly charge or contribution shall be in addition to any pa,yments which
may be required under Section 14 of Company's Rules for Application of Residential
Service Rates.
Other Provisions This schedule is also subject to provisions contained under
-"Rules tor Application of Residential Service Rates."
2
RULES FOR APPLICATION OF RESIDENTIAL SERVICE RATES
1. The Residential Service rate is available to any residential c
u
s
t
o
m
e
r
f
o
r
domestic purposes only, for lighting, heating, comking, and d
o
m
e
s
t
i
c
p
o
w
e
r
service in a single private residence, except as hereinafter
p
r
o
v
i
d
e
d
.
2. a. All normally sized equipment for domestic illuminating, h
e
a
t
i
n
g
,
c
o
o
k
i
n
g
,
and power used strictly for household purposes, may be suppli
e
d
t
h
r
o
u
g
h
one meter.
b. Motors and other equipment which interfere with service t
o
n
e
i
g
h
b
o
r
i
n
g
customers, all motors larger than 5 horsepower, and snow m
e
l
t
i
n
g
i
n
s
t
a
l
l
s
.
tions or other temporary or seasonal loads totaling more tha
n
2
5
k
i
l
o
w
a
t
t
s
will not be permitted on the Residential Service rate .
3. Only single phase service, rendered through one meter, is av
a
i
l
a
b
l
e
u
n
d
e
r
the Residential Service rate.
4. An Underground Residential Distribution system is defined t
o
b
e
a
s
y
s
t
e
m
serving an area of single private residences or duplexes (sin
g
l
e
b
u
i
l
d
i
n
g
s
consisting of two apartments or dwelling units) on contiguou
s
l
o
t
s
i
n
w
h
i
c
h
underground electric facilities will be the only electric fa
c
i
l
i
t
i
e
s
u
s
e
d
t
o
serve customers in the area. Where an Underground Resident
i
a
l
D
i
s
t
r
i
b
u
t
i
o
n
system will serve an area consisting of less than 8 lots or a
n
a
r
e
a
where the
average lot frontage exceeds 130 feet or where unusual const
r
u
c
t
i
o
n
c
o
n
d
i
t
i
o
n
s
will be encountered or where a service connection in such Und
e
r
g
r
o
u
n
d
D
i
s
t
r
1
.
.
bution system will exceed 100 feet, a payment to Company wil
l
b
e
r
e
q
u
i
r
e
d
in
advance of construction.
5. Three phase service, service to motors larger than 5 horsepow
e
r
,
a
n
d
s
e
r
v
i
c
e
to snow melting installations totaling more than 25 kilowatts
m
a
y
b
e
h
a
d
u
n
d
e
r
such rates as are available to commercial customers for the
r
e
s
p
e
c
t
i
v
e
c
l
a
s
s
e
s
of service.
6. A customer occupying a building or apartment for residential a
n
d
c
o
m
m
e
r
c
i
a
l
purposes jointly may combine his residential and commercia
l
u
s
e
o
n
s
u
c
h
r
a
t
e
s
as are available to commercial customers for the respectiv
e
c
l
a
s
s
e
s
o
f
s
e
r
v
i
c
e
.
7. Each apartment or dwelling unit shall be considered as a sin
g
l
e
p
r
i
v
a
t
e
residence but service for a duplex (a single building consis
t
i
n
g
o
f
t
w
o
a
p
a
r
t
m
e
n
t
s
or dwelling units) may be taken through one meter under a sin
g
l
e
b
i
l
l
i
n
g
p
r
o
v
i
d
e
d
that the billing shall be computed as though each apartmen
t
o
r
d
w
e
l
l
i
n
g
u
n
i
t
u
s
e
d
an equal portion of the total service metered and were indep
e
n
d
e
n
t
l
y
b
i
l
l
e
d
,
e
x
c
e
p
t
that the minimum charge shall be the minimum charge for a sin
g
l
e
a
p
a
r
t
m
e
n
t
o
r
dwelling unit . An apartment is defined to be a room or suite of rooms used for
the general functions of a household and permanently equippe
d
w
i
t
h
a
s
i
n
k
a
n
d
cooking facilities, occupying space specifically designed for
t
h
e
m
,
s
u
c
h
a
s
a
kitchen, kitchenette or pulls= kitchen.
AA
Rate First
Next
Next
Next
Next
Excess
50 kilowatt-hours per month @ 5.10 per kwh
50 " " " @ 2.8
200
700
II II
II
1 000
I I 0
If If II n
I I
II
3
ALL ELECTRIC RESIDENTIAL SERVICE
Availability Available to any residential customer in a single private residence
for domestic purposes only where 120/240 volt single phase electric service is
used through one meter and customer has in regular use either an Approved
Water Heating Installation or an Approved Space Heating Installation or both.
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Monthly Minimum Charge $2.00
Underground Residential Distribution For service from an Underground Residential
Distribution system in which all underground facilities are installed, owned
and maintained by Company, a charge of $2.00 will be added to the monthly bill
computed above for a period of not to exceed 30 years from date of installation.
In lieu of the monthly charge, a nonrefundable contribution of $220 may be made
at any time. Such contribution for any residence served hereunder shall apply
to that residence only and shall relieve the contributor and any successor cus-
tomer at that residence of any obligation to pay a monthly charge thereafter.
Such monthly charge or contribution shall be in addition to any payments which
may be required under Section 4 of Company's Rules for Applicat ion of Residen-
tial Service Rates.
Rules for Application of All Electric Residential Service Rate
1. The specifications for an Approved Water Heating Installation under this
rate are as follows:
a. The water heater shall be equipped with no more than two heating
elements. Each heating element shall be noninductive, thernostatically
operated and designed for 240 volts.
b. For a water heater equipped with two heating elements:
The tank size shall be not less than 40 gallons; the rating of either
heating element shall not exceed 5500 watts; and, if the total of the
ratings of the two elements exceeds 5500 watts, the elements shall be
so interlocked tbat they cannot operate simultaneously.
(Continued on following sheet)
AA
4
ALL ELECTRIC RESIDENTIAL SERVICE (Contd)
c. For a water heater equipped with one heating element:
The tank size and the rating of the heating element for each tank size
shall be as follows:
Tank Si ze
in Gallons
30
50
80
Heating Element
Rating in Watts
3 500
5 500
5 500
d. Electric water heating service will be supplied only under a single
applicable rate schedule.
e. The installation shall not be used to supplement any other system
of providing hot water service.
f. Ccmpany reserves the right to control service to the water heating load.
2. The specifications for an Approved Space Heating Installation under this
rate are am follows:
a. Electric space heating equipment (except 120 volt unite individually
rated at 15 amperes or lees) shall be designed to operate at 240 volts,
shall be permanently installed and shall be the sole source of space
heat ing except that provided by fireplaces.
b. Not more than 10 kilowatts shall be switched at one time by the
heating system controls.
c. Company reserves the right to control service to the space heating
load.
3. Service may be taken under this schedule through one meter for a duplex
(a single building consisting of two apartments or dwelling units) meeting
the above specifications provided that the billing shall be computed as
though each apartment or dwelling unit used an equal portion of the total
service metered and were independently billed, except that the minimum
charge shall be the minimum charge for a single apartment or dwelling unit.
4. Snow melting installations or other infrequently used loads totaling more
than 25 kilowatts will not be permitted on this rate except where curter has
an Approved Space Heating Installation in which case 25 Inr or 50% of the space
heating load, whichever is greater, will be allowed. In all other cases the
General Service rate or other rates are available for such loads.
5. A customer occupying a building or apartment for residential and commercial
purposes jointly may canbine his residential and commercial use on such rates
as are available to commercial customers for the respective classes of service
but not under this rate.
AA
Rate
ngle Apartment
Fi rst 50
Next 150
Next 500
Excess
kilowatt-hours per month 03 5.50 per lorh
IT It It II @ 2.95
II
@ 2.2
It
@ 1.65
MULTIPIE DWELLING SERVICE
Availability Available to any customer using single phase electric service for
a multiple dwelling.
5
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Monthly Minimum Charge $2.00
Rules for Application of Multiple Dwelling Service Rate
1. Service for two or more apartments may be taken through one meter under a
single billing provided that the billing shall be computed as though each apart-
ment or dwelling unit used an equal portion of the total service metered and
were independently billed, except that the minimum charge shall be the minimum
charge for a single apartment or dwelling unit. An apartment is defined to
be a roan or sui 'he of rooms used for the general functions or a household and
permanently equipped with a sink and, cooking facilities, occupying space
specifically designed for them, such as a kitchen, kitchenette or pullman
kitchen.
2. The general service required by the apartment building, such as service for
hall lighting, garages for private use, laundry roans, drying rooms, boiler
rooms, janitor's supply rooms, refrigeration equipment, oil burners, furnace
stokers, and air conditioning equipment, may be taken on the multiple dwelling
schedule provided the kilowatt-hours in the second and third blocks of the rate
schedule be increased by 150 and 500 kilowatt-hours, respectively, for each
apartment not served on this same meter.
3. Three phase service, service to motors larger than 5 horsepower, and service
to snow melting installations totaling more than 25 kilowatts may be had under
such rates as are available to commercial customers for the respective classes
of service.
4. A customer occupying a building or apartment for residential and ccsmercial
purposes jointly may combine his residential and commercial use on such rates
as are available to commercial customers for the respective classes of service.
AA
6
AUTOMATIC PROTECTIVE LIGHTING SERVICE
Availability Available to any customer for illumination of areas of private
property.
Rate
Designation of Lamps
Monthly Rate Rer Unit
F48 T1/LW Fluorescent
$3.75(1)
175 Watt Mercury
3.75
400 Watt Mercury
5.50
(1) Available to existing installations only.
Service Included in Rate Company shall own, operate and maintain the lighting
unit including the fixture, lamp, belles t, photo-electric control, amounting
brackets and all necessary wiring. Company shall furnish all electric energy
required for operation of the unit.
Special Terms and Conditions
1.. Above rate contemplates installation of the lighting unit on an existing
utility owned wood pole upon which Company's 120 or 240 volt lines are attached.
If necessary, Company will extend its 120 or 240 volt lines on existing Company
poles for not to exceed two spans provided customer pays the entire cost thereof.
No additional transformer capacity will be provided hereunder.
2. The lamp shall be lighted and extinguished by a photo-electric control
furnished by the Company. The hours of burning shall be from approximately
one-half hour after sunset until one-half hour before sunrise, every night.
3. If illumination of a lamp is interrupted and said illumination is not
resumed within seventy-two hours from the time Company receives notice thereof
from customer, 1/30th of the monthly compensation for such unit shall be
deducted for each night of nonilluadnation after such notice is received.
4. Company reserves the right to discontinue service if equipment is abused.
Term of Agreement Agreement shall be for a term of three years, and, if not then
terminated by at least 30 days' prior written notice by either party, shall
continue until so terminated.
AA
GENERAL SERVICE
Availability Available to any customer for a ingle or three phase electric
service supplied through one meter.
7
Rate First 200 kilowatt-hours per month
Next 300 "
11 11 11
Next 500 11 11 11
If
Excess It It
5.4 per heti
4.2 " "
@ 3.3
11
@ 2.7
/1
All energy in excess of 200 kilowatt-
hours per month per kilowatt of demand @ 1.7¢
Primary Distribution Voltage Discount A discount of 5% will be allowed where
customer takes service ai available primary voltage.
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
-11117i767 1.
Monthly Minimum Charge $2.00
Determination of Demand The demand in kilowatts for billing purposes shall be
the greatest 15-minute load during the month for which bill is rendered, but
in no event shall it be considered less than 5 kw. For billing purposes, a
fraction of a kw if less than one-half will be dropped, if one-half or more
will be billed as one—half.
AA
Rate First 1400 kilowatt-hours per month
Next 600 11 11 11
Next 1 000 It II It
Excess II
11 11
@ 3.1¢ per kwh
@ 2.6
@ 2.2 "
11
@ 1.9 "
ALL ELECTRIC GENERAL SERVICE
Availabilitx Available to any customer who has in regular use an Approved
Space Heating Installation.
8
All energy in excess of 200 kilowatt-
hours per month per kilowatt of demand @ 1.70
Primary Distribution Voltage Discount A discount of 5% will be allowed where cus-
tomer takes service at available primary voltage.
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Monthly Minimum Charge $2.00
Determination of Demand The demand in kilowatts for billing purposes shall be
the greatest 15-minute load during the month for which bill is rendered, but
in rro event shall it be considered leas than 5 kw. For billing purposes, a
fraction of a kw if leas than one-half will be dropped, if one-half or more
will be billed as one-half.
spec ial Requirements
The specifications for an Approved Space Heating Installation are as follows:
1. Electricity shall be the sole source of space heating in all erects
served through the meter.
2. At least irOS of the total connected load east be permanently connected
space heating equiment.
3. Ccomany reserves the right to control the space beating load.
AA
9
GENERAL WATER HEATING SERVICE
Availability Available to any customer for single or three phase service at
208 volts or higher, uncontrolled as to time of use, for an Approved Water
Heating Installation supplied through a separate meter.
Rate Energy Charge:
First 100 kilowatt-hours per month per kilowatt of demand @ 1.63c per VA
Excess
It It I II
It
@ 1.33
Excess Wattage Charge:
An additional charge of $1.50 per 1000 watts or fraction thereof will
be made for connected loads in excess of:
a. storage tank installation
350 watts per gallon of tank capacity.
b. miming pool installation
50 watts per square foot of water surface area of swimming pools.
Fuel Clause Bills subject to the sdjustment provided for in Fuel Clams
Rider No. 1.
Monthly Minisus Charge $2.00
Determination of Demand The demand in kilowatts shall be the greatest 15-minute
load during the month for which bill is rendered but in no event shall it be
considered less than 10 kilowatts. The demand may at Company's option be
determined by periodic test or measurement.
Approved Water Heating Installation The specifications for an Approved Water
Heating Installation under this rate are as follows:
1. The water heater shall be equipped with thermostatically operated non-
inductive heating elements designed to operate at 208 volts or higher.
2. The water heater shall be connected by means of a tamperproof circuit
to Company's water heating raster.
3. The storage capacity of the water heater shall be 40 gallons or more and
the connected load shall be 4500 watts or more, except that a water heater
having a storage capacity of 30 gallons and a single heating element rated at
3500 watts will be permitted.
(Continued on following sheet)
AA
I0
GENERAL WATER HEATING SERVICE (Contd)
4. Water heating service will be supplied only under a single applicable rate
schedule.
5. The installation shall not be used to supply hot water for space heating
purposes.
6. The installation shall not be used to supplement any other system of
providing hot water service.
7. Company reserves the right to control service to the water heating load.
8. The above specifications for an Approved Water Heat ing Installation
shall apply to heating water for swimming pools subject to the following
modifications:
a. The storage capacity specification of Section 3 shall be waived.
b. The installation shall not be used to heat water for other purposes.
LA
LARGE GENERAL SERVICE
Availability Available to any customer for general service.
Kind of Service Alternating current at the following nominal voltages:
(a) Secondary Voltage: single or three phase at 208 volts or higher,
(b) Primary Distribution Voltage: three phase at 2400 volts or higher,
(c) Transmission Line Voltage: three phase at 34,500 volts or higher.
Service voltage available in any given case is dependent upon voltage and
capacity of Company lines in vicinity of customer's premises.
Rate Demand Charge for Service at Secondary Voltage:
First 100 kilovolt-amperes or less of demand - $240.00 per month
Next 100 kilovolt-amperes of demand @ $1.70 per kva per month
Next 800 " ft • II @ 1.55 1, II II II
Next 9 000 " 1, ,. t, @ 1.45 " II II II
II II II Excess II II II II @ 1.30 "
Demand Charge for Service at Primary Distribution Voltage: The Demand
Charge for Service at Secondary Voltage less $.15 per month per kilovolt-
ampere of demand.
Demand Charge for Service at Transmission Line Voltage: The Demand Charge
for Service at Secondary Voltage less $.25 per month per kilovolt-ampere
of demand.
11
Plus an Energy Charge of:
First 20 000 ki lovatt-hours per month
Next 30 000 n II II II
Next 50 000 .n u It
Next 400 000
•
Next 500 000
Next 9 000 000
• fI
Excess
@ 1.65c per lcsch
@ 1.30
••
@ 1.11
@ .97
••
@ .91
•n1
@ .76
••
@ .70
I.
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. I.
Prompt Payment Provision A charge of n will be added to net bill which charge
shall constitute a discount from gross bill for payment within the discount
period.
(Continued on following sheet)
AA
12
LARGE GENERAL SERVICE (Contd)
Determination of Demand The demand in kilovolt-amperes for billing purposes
shall be determined by dividing the maximum demand in kilowatts by the
monthly average power factor and shall be rounded to the nearest whole kva,
but in no month shall the demand to be billed be considered as less than
50$ of the greatest demand in kva billed during the preceding eleven months
nor in any event less than IX kva.
Maximum Demand The maximum demand in kilowatts shall be the greatest 15-minute
load during the month for which bill is rendered.
Average Power Factor The average power factor is defined to be the quotient
obtained by dividing the kilowatt-hours used during the month by the square
root of the sum of the squares of the kilowatt—hours used and the lagging
reactive kilovolt-ampere-hours supplied during the same period. Any leading
kilovolt-ampere-hours supplied during the period will not be considered in
determining the average power factor.
Minimum Demand to be Billed The monthly minimum billing demand shall not be
less than provi ed above, whether or not energy is used.
Stand.by and Supplementary Service
Availability Available at 12,400 volts or higher to any large commercial or
industrial customer who normally supplies part or all of his electric power
requirements from another independent source of power for which the Company's
service may be substituted wholly or in part. Nstamer shall contract for
capacity adequate to supply the entire electric requirements for which such
service may be used which capacity shall equal or exceed the agreed kva demand
for standby to customer s other source of pow. Company shall not be obligated
to supply capacity in excess of that contracted for.
Rate The billing shall be in accordance with Company' s Large General Service
rate schedule for Service at Primary Distribution Voltage except that the
paragraph "Determination of Demand" shall be modified to read as follows:
"The demand in kilovolt-amperes for billing purposes shall be determined by
dividing the maximum demand in kilowatts by the monthly average per factor,
but in no month shall the demand to be billed be considered as leas than the
agreed standby demand plus 54 of the greatest excess demand in ktra over such
standby demand billed during the preceding eleven months nor in any event
less than 2500 kva."
(Continued on following sheet)
AA
LARGE GENERAL sERvicE (conta.)
Parallel Operation interconnection and parallel operation of Customer's inde-
pendent source of power (Customer • a system) and Company s service (Ccmpany • s
system) will be permitted by Company under the following conditions:
1. The interconnection between the systems must be at 12,400 volts or
higher at a point on Company' s system where Customer's operations will
not interfere with the quality of Company's service to any of its other
customers.
2. Customer agrees to provide the necessary equipment as approved by
Ccmpany to enable Cue taller to operate its generating equipment in parallel
with Company's system. Since the power factor and the voltage at which
Company' s system and Customer's system are operated will vary, each party
agrees to operate its system at such power factor and voltage as is condu-
cive to best operating standards and in such manner as to absorb its share
of the reactive power.
3. Company reserves the right to disconnect service in the event service
to Customer results in trouble on Company's system such as interruptions,
grounds, radio or telephone interference, surges or objectionable voltage
fluctuations, where such trouble is caused by negligence of Customer if,
after giving notice in writing to Customer of such trouble, Customer fails
to remedy the causes thereof within a reasonable time.
J. Company's meters will be ratcheted to measure the flow of power and
energy fro Company to Customer only. Reverse flow if any will be ignored
unless the amount is substantial in which event it will be a matter for
negotiation and further agreement between the parties.
13
AA
14
LARGE ALL ELECTRIC GENERAL SERVICE
Availability Available to any cmtomer who has in regular vase an Approved
Space Heating Installation.
Kind of Service Alternating current at the following nominal voltages: (a) Serv-
ice at Secondary Distribution Voltage: three wire single phase and three or
four wire three phase at 208 volts or higher, (b) Service at Primary Distrib-
ution Voltage: three phase at 2400 volts or higher. Service voltage available
in any given case is dependent upon voltage and capacity of existing Company
lines in vicinity of customer's premises.
Rate
First
Next
Next
Excess
10 000 kilowatt-hours or less - $280.00 per month
10 000 kilowatt-hours per month @ 1.70c per lath
80 000 " tt II 1.50 " "
It It It II 1.40 "
All energy in excess of 200 kilowatt-hours
per month per kilowatt of demand:
First 600 000 kilowatt-hours
@ 1.15c per looh
Excess
@ .75
II II
Primary Distribution Voltage Discount A discount of $.10 per month per kilowatt
of demand will be allowed where customer takes service at available primary
voltage.
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Prompt Payment Provision A charge of n will be added to net bill which charge
shall constitute a discount from gross bill for payment within the discount
period.
Determination of Demand The demand in kilowatts for billing purposes shall be
the greatest 15-minute load (subject to Power Factor Adjustment) during the
month for which bill is rendered, but in no event shall the deemnd for billing
purposes be considered as less than 507. of the greatest demand used for billing
purposes during the preceding eleven months, nor less them 100 kw.
(Continued on following sheet)
AA
15
LARGE ALL ELECTRIC GENERAL SERVICE (Contd)
Power Vector Adjustment The customer shall at all times take and use power in
such manner that the average power factor shall be as near 1001 as possible,
but when the average power factor is less than 80%, then the greatest 15-minute
load shall be adjusted by multiplying it by 801 and dividing the product thus
obtained by the average power factor expressed in percent.
The average power factor is defined to be the quotient obtained by dividing
the kilowatt-hours used during the month by the square root of the sum of the
squares of the kilowatt-hours used and the lagging reactive kilovolt-sere-
hours supplied during the same period. Any leading kilovolt-ampere-hours sup-
plied during the period will not be considered in determining the average power
factor.
Special Requirements
The specifications for an Approved Space Heating Installation are as follows:
1. Electricity shall be the sole source of space heating in all areas
served through the meter.
2. At least 401 of the total connected load most be permanently connected
space heating equipment.
3. Company reserves the right to control the space heating load.
LA
LARGE COMMERCIAL SERVICE
Availability Available to any cosoercial or industrial customer for combined
lighting and power purposes.
Kind of Service 1. Alternating current at the following nominal voltages:
(a) Secondary Voltage: single phase or three phase at 208 volts or higher,
(b) Primary Distribution Voltage: three phase at 2400 volts or higher.
Service voltage available in any given case is dependent upon voltage and
capacity of Company lines in vicinity of customer's premises.
2. Direct current, only where and to the extent now used, at a
nominal voltage of 120/240 alone or in combination with secondary voltage
alternating current.
Rate Demand Charge for Service at Secondary Voltage:
First 10 kilowatts of demand @ $3.95 per kw per month
Next 40 " III II @ 3.00 . o• It II
Next 50 . " " @ 2.70 " " " .
Next 100 to @ 2.25 " " " II
Excess II .1 It @ 2.00 " " " It
Demand Charge for Service at Primary Distribution Voltage: The Desmond
Charge for Service at Secondary Voltage less $.15 per month per kilowatt
of demand.
Plus an Energy Charge of:
First 2 000 kilowatt-hours
Next 3 000 " .
Next 15 000 " .
Next 30 000 . .
Next 50 000 II II
Excess 1, es
per month @ 3.60C
" @ 2.60
@ 1.65
@ 1.40
" @ 1.20
" @ 1.10
per lath
11
Plus a Direct Current Additional Charge of: 0.600 per kilowatt-hour
for all, direct current kilowatt-hours.
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Prompt Payment Provision A charge of 51 will be added to net bill which charge
shall constitute a discount from gross bill for payment within the discount
period.
(Continued un following sheet)
16
AA
17
LARGE COMMERCIAL SERVICE (Contd.)
Determination of Demand The demand in kilowatts for billing purposes shall b
e
the greatest 15-minute coinciden -t load (subject to power factor adjustment)
during the month for which bill is rendered, but in no event shall the demand
to be billed, be considered as less than 50% of the greatest demand billed
during the preceding eleven months, nor less than 3 kw for Service at Secondary
Voltage and 25 kw for Service at Primary Distribution Voltage.
Minimum Demand to be Billed The monthly demand charge shall not be less
than provided above, whether or not energy is used.
Power Factor The customer shall at all times take and, use power in such man
n
e
r
that the average power factor shall be as near 100% as possible, but when the
average power factor is less than 80%, then the demand as determined above s
h
a
l
l
be adjusted by multiplying it by 84 and dividing the product thus obtained
b
y
the average power factor expressed in percent.
The average power factor is defined to be the quotient obtained by dividing
the kilowatt -hours used during the month by the square root of the stun of th
e
squares of the kilowatt-hours used and. the lagging reactive kilovolt-ampere-
hours supplied during the same period. Any leading kilovolt-ampere-hours
supplied during the period will not be considered in determining the average
power factor.
Where customer's demand is less than 40 kw the average power factor may at
the Company' s option be determined by periodic test or measurement.
Standby, Supplementary, Emergency and Incidental Service
(Alternating Current Only)
Availability Available for service to customers who normally supply their
requirements either directly or indirectly from another independent source
of power for- which the Company's service may be substituted wholly or in
part. Customer shall contract for capacity adequate to supply the entire
electrical requirements for which such service may be used and Company
shall not be obligated to supply capacity in excess of the amount con-
tracted for by customer.
Rate The billing shall be in accordance with the large Commercial Service
rate schedule, except that the paragraph "Determination of Demand" shall
be modified to read as follows: "The demand in kilowatts shall be the
greatest 15—minute load during the month for which bill is rendered, but
in no month shall the demand to be billed be based on less than the greatest
demand previously supplied nor on less than the demand contracted for. In
addition, for new customers taking service subsequent to January 1, 1965, the
demand to be billed shall in no event be considered an less than 100 kw."
AA
per month @ 1.65C
1.30
1.11
.97
.91
.76
.70
per kwh
v.
V. It
t•
•• It
V•
VII IV
FIRM AND INTERRUPTIBLE LARGE GENERAL SERVICE
Availability Available to any customer taking his entire electrical require-
ments from Company at 12,400 volts or higher who agrees that Company's service
to the equipment listed in Schedule A attached to the contract may be inter-
rupted by Company at any time and for such periods as Company, in its sole
discretion, considers the supply of such service detrimental to its operations
as a public utility.
18
Rate Demand Charge for Firm Service:
First
100 kilovolt-amperes
Next 100 kilovolt -amperes
Next 800 "
Next 9 000
11
Excess 1 1
11
or less of demand - $225.00 per month
of demand @ $1.55 per kva per month • @ 1.40 • •
" @ 1.30
V. II 11
1 1
" @ 1.15
te II IV 11
Demand Charge for Interruptible Service:
First 10 000 kilovolt-amperes or less of demand - $3 400.00 per month
Excess kilovolt-amperes of demand @ $.34 per kva per month
Plus an Energy Chargeof
First 20 000 kilowatt-hours
Next 30 000 " iv
Next 50 000 "
Next 400 000
Next 500 000
Next 9 000 000
Excess
11
11
11
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Prompt Payment Provision A charge of 51 will be added to net bill which charge
shall constitute a discount from gross bill for payment within the discount
period.
Determination of Derand The Firm Service and Interruptible Service demands
in kilovolt-amperes for billing purposes shall be determined by dividing
the maximum demand in kilowatts by the monthly average power factor and
shall be rounded to the nearest whole kva, but in no month shall the demand
to be billed be considered as less than 50% of the greatest demand in kva
billed during the preceding eleven months nor in any event less than 100
kva for Firm Service and 10,000 kva for Interruptible Service.
(Continued on following sheet)
AA
FIRM AND INTERRUITIBLE LARGE GENERAL SERVICE (Contd)
MilZi14111 Demand The maximum demand in kilowatts shall be the greatest 15-minute
load during the month for which bill is rendered.
Average Power Factor The average power factor is defined to be the quotient
obtained by dividing the kilowatt-hours used during the month by the square
root of the sum of the squares of the kilowatt-hours used and the lagging
reactive kilovolt-ampere-hours supplied during the same period. Any leading
kilovolt-ampere-hours supplied during the period will not be considered in
determining the average power factor. The average power factor shall be
determined for each of the Services.
Minimum Demand to be Billed The monthly minimum billing demand for each of
the Services shall not be lees than provided above, whether or not energy is
used.
19
A•
OVERHEAD STREET LIMITING SERVICE
Availability Available for year—round illumination of public streets, parkways,
and highways by electric lamps in luminaires supported on wood poles, where
the facilities for this services are furnished by Company.
Rate
Des Unit ion of Lamps
Number of
Lamps per Monthly Rate
Luminaire per Luminaire
20
1 500 Lumen - Incandescent
2 500 "
4 000 "
1
1
1
$ 2.05(1)
2.30(1)
2.75(1)
175 Vett - Mercury
250 "
400 "
700 "
1 000 "
1
1
1
1
$ 3.95
4.90
6.40
9.10
15.00
400 Watt - High Pressure Sodium 1
$ 12.25
F48EHO - Fluorescent 1 $ 4.00(1)
F48EHO
2 5.30(1)
F72H0
2 5.50(1)
F72110
4 6.90(1)
F72EHO
et
4 10.00(1)
(1) Available to existing installations only.
Service Inc luded in Rate Company shall own, operate, and maintain the Overhead
Street Lighting system using Company's standard street lighting equipment.
Daily Operating Schedule The daily operating schedule of the above lamps shall
be from approximately one-half boor after sunset until one-half hour before
sunrise.
Outages If illumination from any lamp is interrupted and said illumination is
not remised within 24 hours frame the time Company receives notice thereof from
Customer • 1/30 of the monthly rate for such lamp shall be deducted for each
night of nonillumination after much notice is received.
100 Watt -
100 "
175 "
175 "
250 "
250 "
400
400
700
700
Mercury
11
II
II
11
11
II
II
II
11
II
VI
II
II
II
"
1 000 "
1 000 "
1
1
I
1
1
1
1
1
1
1
I
1 itititatnit $1.75
1.50
2.25
2.00
2.75
2.25
3.50
3.00
5.25
4.50
7.25
6.25
21
ORNAMENTAL STREET LIGHTING SERVICE
(CUSTOIER OWED EQUIPMENT)
Availability Available for year-round illumination of public streets, parimays,
and highways by electric lamps mounted on standards where Customer owns an
Ornamental Street Lighting system complete with standards, luminaires with
globes, lamps and other appurtenances, together with all necessary cables
extending between standards and to points of connection to Company's facilities
as designated by Company.
Rate
Group A
Number of
Lamps per
Lusdnaire
1
1
1
I
1
1
1
I
1
I
Daily
Operating
Schedule
AN
AN
AN
PIN
AN
?IN
AN
/IN
AN
PE
Monthly
Rate per
Luminaire
$ 1.90(1)
2.00(1)
2.30(1)
2.05(1)
2.80(1)
2.45(1)
3.90(1)
3.40(1)
5.10(1)
4.35(1)
Designation of Lamps
1 500 Lumen Incandescent
2 500 "
4 000 "
11
4 000 II
It
6 000 II
It
6 000 11
It
10 000 11
10 000 II
11
15 000 It
II
15 000 II II
400 Watt-High Pressure Sodium
F48EHO • Fluorescent 11 F48EHO •
F48EHO -
F72110 •
F72H0 •
1
1
2
2
1
2
AN
AN
AN
121
AN
AN
5.00
2.00(1)
2.75(1)
2.25(1)
1.75(1)
2.25
II
II
II
ORNAMENTAL STREET LIGHTING SERVICE (Contd)
22
(=MEER MED EQUIREEM7)
Group A (Contd)
Number of Daily Monthly
Lamps per Operating Rate per
Designation of Lampe Luminaire Schedule Luminaire
F72H0 - Fluore scent
572110 -
F72H0 -
F72EHO -
F72EHO -
F72EHO -
F72EHO -
F72EHO -
4 AN
2A14-2MN
4 MN
1 AN
2 AN
2 MN
14 AN
4 2AN-2MN
$ 3.50
3.25
3.00(1)
2.25(1)
3.25
2.75(1)
6.00
5.50
(1 ) Available to existing installations only.
Where more than one of the above luminaires is mounted on a single standard, the
monthly rate for each luminaire in excess of one shall be reduced by 25¢ (except
as modified in Service Included in Rate - Group A paragraph).
Group B (For installations consisting of standards which do not require painting
and globes which are unbreakable)
175 Watt - Mercury 1 AN $ 1.75
250 " 1 AN 2.25
1400 " ,, 1 AN 3.00
Service Included In Rate
Group A
Company shall furnish all electric energy necessary to operate Customer 's Orna-
mental Street Lighting system, shall make all lamp and globe renewals, clean the
globes, light and extinguish all lamps, paint the metal portions of the standards
and furnish all the materials and labor necessary therefor.
At Customer's option Company shall make all ballast renewals in lieu of painting
the standards ; in which case the 25¢ per luminaire reduction for more than one
luminaire per standard, as provided for under the above Rate, shall not apply.
Group B
Company shall, furnish all electric energy necessary to operate Customer's Orna-
mental Street Lighting system, shall make all lamp renewals, clean the globes,
light and extinguish all lamps and furnish all the materials and labor necessary
therefor.
Daily operating, Schedule The daily operating schedule of the above lamps on the
All-night (AZT) schedule shall be from approximately one-half hour after sunset
until one-half hour before sunrise, and on the Midnight (MN) schedule shall be
from approximately one-half hour after sunset until midnight (Central Standard
Time. )
Outages If illumination from any lamp is interrupted and said illumination is
not resumed within 24 hours from the time Company receives notice thereof
from Customer, 1/30 of the monthly' rate for such lamp shall be deducted for
each night of non—illumination after such notice is recieved.
23
CUSTOM RESIDENTIAL STREET LIGHTING SERVICE
Availability Available for year-round illumination of public
s
t
r
e
e
t
s
b
y
e
l
e
c
t
r
i
c
lamps in lusainaires mounted on standards and served through und
e
r
g
r
o
u
n
d
c
i
r
c
u
i
t
s
,
where the facilities for this service are furnished by Company
.
S
t
r
e
e
t
l
i
g
h
t
i
n
g
service under this schedule is limited to residential areas having
a
C
o
m
p
a
n
y
owned underground electric distribution system.
Rate Monthly Rate
Designation of Lamm
per Standard
175 Watt - Mercury
$ 5.05
250 "
6.00
Service Included in Rate Company shall own, operate, and main
t
a
i
n
t
h
e
C
b
s
t
o
m
Residential Street Lighting system using Company's standard st
r
e
e
t
l
i
g
h
t
i
n
g
equipment, which includes one lamp per standard.
Daily Operating Schedule The daily operating schedule of tbe abo
v
e
l
a
m
p
s
s
h
a
l
l
be from approximately one-half hour after sunset until one-half
h
o
u
r
b
e
f
o
r
e
sunrise.
Outages If illumination from any lamp is interrupted and said i
l
l
u
m
i
n
a
t
i
o
n
i
s
not resumed within 24 hours from the time Company receives notice
t
h
e
r
e
o
f
f
r
o
m
Customer, 1/30 of the monthly rate for such lamp shall be deducted for each
night of norillumination after such notice is received.
TRAFFIC SIGNAL SERVICE
Availability Available to municipal, state, and federal governments, their
agencies and subdivisions, (to exclusion of other rates) for operation of
traffic signals, and direction and warning lights along strests and highways,
for traffic regulation and guidance as distinguished fro% street lighting
and general illumination.
Rate Demand Charge
First 5 kilowatts or less - No charge
Excess kilowatts at $3.20 per kw per month
Energy Charge
3.6c per kilowatt-hour
Fuel Clause Bills subject to the adjustaent provided for in Puel Clause
Rider No. 1.
Monthly Minimum Charge $1.50
Determination of Demand The demand in kilowatts for billing purposes shall be
the greatest l5-usinute load during the month for which bills is rendered.
For billing purposes the demand shall be adjusted to the nearest 0.1 km.
The demand say be determined by test.
Special Terms and Conditions The customer shall supply the service wires run
in conduit up the nearest pole or to some other point designated by the
Company near the signal. The necessary meter loops and cabinets lust be
supplied by the customer.
24
25
MUNICIPAL WATER PUMPING SERVICE
Availability Available for the operation of pumping plants of municipally owned
water works. Lighting and heating limited to incidental use in operating power
equipment.
(Rate schedule applied separately to each delivery point)
Rate First 2 000 kilowatt-hours per month @ 2.29C
Next 2 000 " " " " @ 1.76
Excess I, @ 1.23
per kwh
ft It
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Monthly Minimum Charge First 1 HP or less of connected load - $1.00
Excess HP of connected load @ $.25 per HP
Poser Factor Customer shall at all times take and use power in such manner that
the power factor shall be as near 1007. as possible, but when the average power
factor is less than 80%, customer agrees to install the necessary corrective
equipment to raise such power factor to at least 80%. The average power factor
is defined to be the quotient obtained by dividing the kilowatt-hours used
during the month by the square root of the sum of the squares of the kilowatt-
hours used and the lagging reactive kilovolt-ampere-hours supplied during the
same period. Any leading kilovolt-ampere-hours supplied during the period will
not be considered in determining the average power factor.
Standby and Supplementary Service Available for service to pumping plants of
municipally owned seater works when an interconnected water system of such
water works includes e pumping plant using a source of power other than
electric ity supplied by Company.
Rate The billing for each pumping plant served by Company shall be in
accordance with the above except that if the total net payments during any
contract year following the installation of a source of power other than
electricity supplied by Company amount to less than $15.00 per horsepower
of connected load of all pumping plants served by Company at the beginning
of such contract year, the difference between said $15.00 per horsepower and
said total net payments shall be included in the bill for the last month of
such year and Custoper shall pay same as a charge for service rendered.
AA
MUNICIPAL SEWAGE PIMPING SERVICE
Availability Available to municipal sewage systens for operat
i
o
n
o
f
p
u
m
p
i
n
g
a
n
d
sewage treatment plants when all pumping and other power re
q
u
i
r
e
m
e
n
t
s
a
t
all
plants are supplied hereunder.
(Rate schedule applied separately to each delivery point)
Rate First 1. 500 kilowatt -hours per month @ 2.82c per kw
h
Next 1 500 "
•. 1, 11 @ 1.16t
Excess 1, 11 @ 1.23c t•
Fuel Clause Bills subject to the adjustment provided for in F
u
e
l
C
l
a
u
s
e
Rider No. I.
Monthly Mitli111111 Charge First 1 HP or less of connected lo
a
d
-
$
1
.
0
0
Excess HP of connected load @ $.50 per HP
Power Factor Customer shall at all times take and use power
i
n
s
u
c
h
m
a
n
n
e
r
t
h
a
t
the power factor shall be as near 100% as possible, but whe
n
t
h
e
a
v
e
r
a
g
e
p
o
w
e
r
factor I. less than 80%, custom. agrees to install the neces
s
a
r
y
c
o
r
r
e
c
t
i
v
e
equipment to raise such power factor to at least 807.. The av
e
r
a
g
e
p
o
w
e
r
f
a
c
t
o
r
is defined to be the quotient obtained by dividing the kilow
a
t
t
-
h
o
u
r
s
u
s
e
d
during the month by the square root of the sum of the squar
e
s
o
f
t
h
e
k
i
l
o
w
a
t
t
-
hours used and the ligging reactive kilovolt-asupere-hours su
p
p
l
i
e
d
d
u
r
i
n
g
t
h
e
same period. Any leading kilovolt-ampere-hours supplied durin
g
t
h
e
p
e
r
i
o
d
w
i
l
l
not be considered in determining the average power factor.
26
AA
FIRE SIREN SERVICE
Availability Available for parer service for the operation of !municipal fire
sirens having a rated capacity not in excess of 10 horsepower.
Rate 20c per month per horsepower of connected capacity
Discount None
Minium Bill $1.00 net per month
Connection Under the above rate the Company will make no extension for service
other than a normal service span. Where conditions are such that a long service
connection or extra transformer capacity, or both, are necessary, the customer
shall pay for the cost of the extra equipment.
The circuit serving the fire siren set be in conduit from the entrance to the
motor with an enclosed entrance switch box, which may be sealed and operated
from an external appliance.
Optional In case the customer already has a service connection of sufficient
capacity to permit operation of the fire siren without unduly disturbing con-
ditions on the Company's nearby circuits, the fire siren say be connected at
the option of the customer on the load side of the customer's existing aster
and the commercial rate applied to the total load.
27
Rate First 100 kilowatt-hours
Next 100
Next 300
Next 500
Next 1 000
Excess
Mc per kwh
3,4 PO II
2.5
99
2.3
19
2.0
19
1.8
FARM SERVICE
Availability Available to any farm customer for all electric lighting, power,
and heating purposes,
28
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Monthly Minimum Charge $2.00 for 10 kva or less of required transformer capacity
plus $.50 for each kva in excess of 10 kva.
Special Rules
1. Motors and other equipmentwhich interfere with service to neighboring
customers and all transformer type welding machines larger than 25 kilovolt-
amperes will not be permitted on the Farm Service rate.
2. Only single phase service at 120/240 volts, rendered through one meter,
is available under this rate. If three phase service or primary voltage
service is supplied it shall be under rates available for such service.
3. Where two or more farm customers are served from the same transformer,
the minimal charge for each customer will be based on the transformer capacity
required adequately to serve him, without regard to the transformer capacity
actually installed or the minimum charges of other customers served frost the
same transformer. The Company reserves the right to install load limiting
devices for the protection of its transformers and equipment and for the
determination of the appropriate transformer size.
4. Temporary enlargement of transformer capacity for such purposes as corn
drying and hay drying shall be treated as Temporary Service.
AA
Rate First 100
Next 150
Next 750
Next 2 000
Excess
kilowatt-hours per month
.,
.. .. .., ..
It II It II
@ 6.6e per lcwh
@ 2.6 11 n
@ 2.0
@ 1.7
@ 1.6
II
II
II
ALL ELECTRIC FARM SERVICE
Availability Available to any farm customer for electric lighting, power, and
heating purposes where 120/240 volt single phase electric service is used
through one meter and customer has in regular use either an Approved Water
Heating Installat ion or an Approved Space Heating Installation or both.
29
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. 1.
Monthly Minium Charge $2.00 for 10 kva or less of required transformer capacity
plus $.50 for each kva in excess of 10 kva.
Rules for Application of All Electric Farm Service Rate
1. The specifications for an Approved Water Heating Installation under this
rate are as follows:
a. The water heater shall be equipped with no more than two heating
elements. Each heating element shall be noninductive, thermostatically
operated and designed for 240 volts.
b. For a water heater equipped with two heating elements:
The tank size shall be not less than 40 gallons; the rating of either
heating element shall not exceed 5500 watts; and, if the total of the
ratings of the two elements exceeds 5500 watts, the elements shall be
so interlocked that they cannot operate simultaneously.
c. For a water heater equipped with one heating element:
The tank size and the rating of the heating element for each tank size
shall be as follows:
Tank Size Heating Element
in Gallons Rating in Watts
30
3 500
50
5 500
80
5 500
d. Electric water heating service will be supplied only under a single
applicable rate schedule.
(Continued on following sheet)
Ai
30
ALL ELECTRIC FARM SERVICE (Contd)
e. The installation shall not be used to supplement any other system of
providing hot water service.
f. Ccmpany reserves the right to control service to the water heating load.
2. The specifications for an Approved Space Heating Installation under this
rate are as follows:
a. Electric space heating equipment (except 120 volt units individually
rated at 15 amperes or less) shall be designed to operate at 240 volts,
shall be permanently installed and shall be the sole source of space
heating except that provided by fireplaces.
b. Not more than 10 kilowatts shall be switched at one time by the
heating system controls.
c. Canpeany reserves the right to control service to the space heating load.
3. Transformer type welding machines larger than 25 kilovolt-amperes will not
be permitted on this rate.
4. Where two or more farm customers are served from the same transformer,
the minimum charge for each custcaer will be based on the transformer capacity
required adequately to serve him, without regard to the transformer capacity
actually installed or the minimum charges of other customers served fraa the
same transformer. The Company reserves the right to install load limiting
devices for the protection of its transformers and equipment and for the de-
termination of the appropriate transformer size.
5. Temporary enlargement of transformer capacity for such purposes as corn
drying and hay drying shall be treated as Temporary Service.
6. If three phase service or primary voltage service is supplied it shall
be under rates available for such service.
AA
31
FARM CONTROLLED WATER HEATING SERVICE (Closed)
Availability Available to any farm Controlled Water Heating Installation supplied
through a separate meter and served hereunder on November 1, 1961. No new water
heating installation made after November 1, 1961 will be served under this rate.
Rate Energy Charge:
1.54c per kilowatt-hour
Excess Wattage Charge:
One Element Tank - If the capacity of the heating element exceeds 20
watts per gallon of tank capacity, an additional charge of 10c per
month per whole 100 watts will be made for such excess capacity.
Two Element Tank - If the capacity of the bottom element exceeds 20
watts per gallon of tank capacity or the top element exceeds 4500
watts, an additional charge of 10c per month per whole 100 watts
will be made for the greater of such excess capacities.
Fuel Clause Bills subject to the adjustment provided for in Fuel Clause
Rider No. I.
Monthly Minimum Charge $2.00
Time Control An electrical control device will be furnished by Company which
will control the service so that no energy will be supplied during the
following periods: 10:00 a.m. to Noon and 4:00 p.m. to 7:00 p.m. or such
other daily period or periods as the Company may elect from time to time
but not to exceed a total of five hours daily.
Approved Controlled Water Heating Installation The specifications for an
approved controlled water heating installation under this rate are as follows:
1. The water heater shall be of the storage type, equipped with one or
two thermostatically operated noninductive heating elements designed for
240 volts.
2. If the water heater is of the two-element type it shall have one element
near the bottom and the other not more than one-fourth the distance from the
top of the tank and so connected or interlocked that they cannot operate
s isultaneously.
3 . The storage capacity of any water heater installed hereunder after
January I, 1959 shall be 80 gallons or more except that a farm customer may
install in his milk house a controlled water heater of less than 80 gallons
provided that it is 40 gallons or more and is used solely for water heating
as distinguished from space heating.
(Continued on following sheet)
LA
32
FARM CONTROLLED WATER HEATING SERVICE (Closed) (Contd)
4. The water heater, whether one-element or two-element, shall be connected
by means of a tamperproof circuit to Company's controlled service meter.
5. At customer's option the top (emergency or booster) element of a two-
element water heater may be permanently connected to either Company's controlled.
service meter or to Company's Farm Service meter, except that in the case of a
water heater used for milk house space heating the water heating element or
elements shall be connected solely to Company's controlled service meter.
6. The water heating installation may consist of two or more tanks provided
that the installation meets the specifications for a single tank and that all
are located on the same premises for one customer's use.
7. The installation shall not be used to supply hot water for space heating
purposes except that a farm customer may use a storage type water heater in
his milk house for incidental space heating sufficient to prevent freezing
provided that both the bottom element and the top element (if any) are
connected to Company's controlled service meter and that the wattages do
not exceed 20 watts and 30 watts, respectively, per gallon of tank capacity.
8. The rate herein contained is based upon the assumption that no additional
transformer capacity will be necessary. Where additional transformer capacity
is required for water heating service such additional capacity must be provided
under the Farm Service rate to which the water heating service is supplementary.
AA
CONTROLLED WATER HEATING SERVICE (Closed)
Availability Available to any Controlled Water Heating I
n
s
t
a
l
l
a
t
i
o
n
s
u
p
p
l
i
e
d
through a separate meter and served hereunder on Novembe
r
1
,
1
9
6
1
.
N
o
n
e
w
water heating installation made after November 1, 1961 wi
l
l
b
e
s
e
r
v
e
d
u
n
d
e
r
this rate.
Rate Energy Charge:
1.54c per kilowatt-hour
Excess Watt ase Charge:
One Element Tank - If the capacity of the heating element e
x
c
e
e
d
s
2
0
watts per gallon of tank capacity, an additional charge of 1
0
c
p
e
r
month per whole 100 watts will be made for such excess cap
a
c
i
t
y
.
Two Element Tank - If the capacity of the bottom element ex
c
e
e
d
s
2
0
w
a
t
t
s
per gallon of tank capacity or the top element exceeds 450
0
w
a
t
t
s
,
a
n
additional charge of 100 per month per whole 100 watts wi
l
l
b
e
m
a
d
e
f
o
r
the greater of such excess capacities.
Fuel Clause Bills subject to the adjustment provided for in
F
u
e
l
C
l
a
u
s
e
Rider No. 1.
Monthly Minimum Charge $2.00
Time Control An electrical control device will be furnished
b
y
C
o
m
p
a
n
y
w
h
i
c
h
will control the service so that no energy will be supplied
d
u
r
i
n
g
t
h
e
f
o
l
l
o
w
-
ing periods: 10;00 a.m. to Noon and 4:00 p.m. to 7:00 p.m
.
o
r
s
u
c
h
o
t
h
e
r
d
a
i
l
y
period or periods as the Company may elect from time to tim
e
b
u
t
n
o
t
t
o
e
x
c
e
e
d
a total of five hours daily.
Approved Controlled Water Heating Installation The specif
i
c
a
t
i
o
n
s
f
o
r
a
n
approved controlled water heating installation under this
r
a
t
e
a
r
e
a
s
f
o
l
l
o
w
s
:
1. The water heater shall be of the storage type, equipped with
o
n
e
o
r
t
w
o
thermostatically operated noninductive heating elements de
s
i
g
n
e
d
f
o
r
2
4
0
v
o
l
t
s
(208 volts in some comercial areas).
2. If the water heater is of the two-element type it shall ha
v
e
o
n
e
e
l
e
m
e
n
t
near the bottom and the other not more than one-fourth the
d
i
s
t
a
n
c
e
f
r
o
m
t
h
e
top of the tank and so connected or interlocked that they c
a
n
n
o
t
o
p
e
r
a
t
e
simultaneously.
33
(Continued on following sheet)
AA
34
CONTROLLED WATER HEATING SERVICE (Closed) (Conti)
3. The storage capacity of any water heater installed hereunder after
January 1, 1959 shall be 80 gallons or more.
4 The water heater, whether one—element or two-element, shall be connected
by means of a tamperproof circuit to Company's controlled, service meter.
5. At customer 'a option the top (emergency or booster) element of a two—
element water heater may be permanently connected to either Company's con-
trolled service meter or to Company's Residential Service or General Service
meter.
6. The water heating installation may consist of two or more tanks provided
that the installation meets the specifications for a single tank and that all
are located on the same premises for one customer's use.
7. The installation shall not be used to supply hot water for space heating
purposes.
FUEL CLAUSE RIDER WO. 1
The &Without to be added or deducted under the Fuel Clause shall
be 0.012c per kilowatt-hour for each Whole cent by which the cost of
fuel is more or less, respectively, than 310 per million Btu. The cost
or fuel shall be the average cost of fuel used during the preceding twelve
months as recorded in FPC Accounts 501 and 547.
35
AA
EXCERPTS OF MINUTES OF MEETING
OF THE VILLAGE COUNCIL
OF THE
VILLAGE OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA
, 19
A meeting of the Village Council of
the Village of Eden Prairie, Minnesota, duly called,
convened, and held in accordance with law, was called to
order by Mayor on the________ of
o'clock H. at the
The following tnersbers, constituting a legal quorum,
were present:
introduced a certain Ordinance
No.
entitled:
"AN ORDINANCE GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS
AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE,
REPAIR, AND MAINTAIN, IN THE VILLAGE OF
EDEN PRAIRIE, MINNESOTA, AN ELECTRIC DISTRIBUTION
SYSTEZ1 AND TRANSMISSION LINES, INCLUDING NECESSARY
POLES, POLE LINES, AND FIXTURES AND APPURTENANCES;
FOR THE FURNISHING OF ELECTRIC ENERGY TO THE VILLAGE
AND IT INHABITANTS, AND OTHERS, R4D TO USE THE
STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF
SAID 'VILLAGE FOR SUCH PURPOSES: PRESCRIBING CERTAIN
TERMS AND CONDITIONS THEREOF, AND PRESCRIBING THE
RATES TO BE CHARGED THEREFOR",
and on motion made, seconded, and duly adopted, the above-
entitled Ordinance was read.
Thereafter a motion was made by
seconded by that the above-entitled
Ordinance be adopted as read and in its entirety.
,19 , at
Council Chanter in sr.rd-Village.
and
On roll call the vote was as follows:
Ayes:
Nays:
The Mayor then declareci said motion duly carried
and the above—entitleo Ordinance duly passed and adopted,
and ordered the Village Clerk to publish the same in
accordance with the law in such case made and provided.
Mayor
ATTEST:
A
Village Clek
2