HomeMy WebLinkAboutCity Council - 09/25/1973 T r�
EDEN PRAIR IE VILLAGE COUNCIL
TUESDAY, SEPTEMBER 25, 1973 7:30P.M., Village Hail
INVOCATION --- PLEDGE OF ALLEGIANCE -- — ROLL CALL
COUNCIL MEMBERS: Mayor Paul Redpath, Joan Meyers, John McCulloch,
'Wolfgang Penzel, Roger Boerger
COUNCIL STAFF: Village Attorney Harlan Perbix, Clerk John Frane
AGENDA
�. PRESENTATION BY MAYOR D R MIEDTKE OF ST.ANTHONY, PRESIDENT OF
SUBURBAN LEAGUE OF MUNICIPALITIES.
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It. MINUTES OF REGULAR MEETING HELD SEPTEMBER 11 1973.�u)P
III. PUBLIC HEARINGS
A. Condor Corporation,request for rezoning from Rural to I2—PRK for the
,.Pa westerly 300 plus feet behind the 400 foot strip along We shington
N' a Avenue, currently zoned 12—PRK. (Staff Report, minutes, etc. attached)
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Action: Recom mend denying the rezoning reque st by Condor Corporation for t
12-PRK at this time since the Village and land owners are currently
conducting comprehensive planning in the Smetana Lake Sector.
B. Basswoods site a2, 5.34 acres in The Preserve, request rezoning for
AA � 24 townhouse dwelling units from Rural under P.U.D. 70-3 to RM-6.5.
(Staff Repoct, minutes, etc . attached)
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�.M✓ Actlon: First reading, Ordinance No. 235 approving rezoning for 24 town-
house dwelling units from Rural to RM-6.5, in conformance with
the amended Staff Report dated August 29, 1973, and Planning
Commission recommendations of September 4, 1973.
p C. St. iohrts Wood 2nd Addition preliminary plat forarea located south
of St. John's Wood 1st Addition. (Staff Report, etc. at
tached)
A aP V
Action: Motiora adopting Resolution No.768 approving the St. John's Wood
2nd Addition preliminary plat with the inclusion of the recommen-
dation s of the Village Engineer in the 4/13/73 -- 9/1 4/73 �'''T
Staff Report. ►� t
IV. PE1IT[0IJS, REQUESTS 6 COMMUNICATIONS t' x�
h1 Public Fnfety Department. (Attached)
AMP A. Litter commerdina 1'
' Actlon o on t�')receivA and fil iu
Pam.�%'u c �Lti' a�t i"''
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V. RESOLUTIONS 6 ORDINANCES r" J A. Resolution No. 770 a resolution ap
proving 1974 Annual Budget.fj
(� (Manager's report and copse s of Resolution No. 77 and Resolution
Nam/ No. 771 attached).
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Council Agenda -2- September 25, 1973
V. RESOLUTIONS & ORDINANCES (Cont.)
Action: Motion adopting Resolution No. 770 approving 1974 Annual Budget.
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B. Resolution No. 771, a resolution certifying 1973 tax levy collectible
in 1974.
Action: Motion adopting Resolution No. 771 certifying 1973 tax levy
collectible in 1974.
VI. REPORTS OF OFFICEIS, BOARDS & COMMISSIONS
A. Report of Building Inspector:
Recommendation of blanket setback variance for Edenvale Sth Addition.
(Report attached)
Action: Motion granting blanket setback variance for Edenvale Sth Addition
F 6 as(�ommenged by the Building inspector in his report dated
tA .�R.}Iftember 2 1973.
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�d _W. Report of VillageAttorney:
Np Status report on Alex Dorenkem er's Crestwood 73 final lat.
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Action:
C . Report of Village Engineer:
1, Approve aradina and landscaping Permit for Mr. Calvin Andersen for
property located at the southwest corner of Hwy. 169 and 'IV. 78th
St. (Drawing attached)
Action: Motion approving grading and landscaping perm16fi r Mr.Calvin
Anderson for property located at the southwest corner of U.S.
169 and W. 78th Street per plans dated Sept. 11, 1973 .
2. Approve Change Order No. 2 for Improvement Contract 5 1-2 49 In the
amount of$1,800 for correction of poor subgrade materials on Heather
Avenue and Tamarack Trail- (Copy of Change Order No. 2 attached)
Action: Motion approving Change Order No. 2 for I.C. 51-249 in the
amount of$1,800 additional for subgrade correction on Heather
Avenue and Tamarack Trail.
3 Approve Change Order No.4 and final payment to L;gn ti & Sons,Inc.
for Improvement Contract 5 1-241, sanitary sewer and waternain
laterals for the Duck Lake area. (Copy of Change Order No. 4 att.)
Action: Motion approving Change Order No. 4 in the amount of
$10,435.85 and final payment to Lametti & Sons, Inc. for
C. 5 1-241 in the amount of $1,570,659.60 less prevYous
payments and subject to receipt of liens waivers from at 1
materials suppliers and subcontractors plus one-year rnaintenance/
warranty bond commencing 9/25/73.
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Council Agenda -3- September 25, 1973 f
VI. REPORTSjOF OFFICERS BOARDS S COMMISSIONS Cont.) ;
C_ e0eit of Vil I acie Engineer cont.
eceive petition from Scenic Heights Addition residents for sanitary
is wer and wtermaln laterals lus street paving. (Copy of petition
an esolution attached)
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C t on: Motion adopting Re solution No. 7 72 ordering preparation d a
feasiblllty report for Projects FAN 73-1-27 and 11 'TR 73-2-17,
Sanitary Sewer and Watermain laterals plus stree t paving for the
Scenic Heights Addition.
Resolutiorn requesting the Minnesota State Highway Department to
`�p,install traffic signals at the intersection of T.H.#5 and Mitchell
_N• Road and construct turning and by-pas s lanes along T .H.#5 fr �" Q
' I-494 to western Village limits. (Resolution attached)
Action: Motion adopting Re solution No. 7 73,
D. Report of Director of Parks and Recreation:
1. Consideration of Anderson Lakes Park Development Concept. (Report
attached)
Action: Motion approving the"Nature Center"Concept as exemplified
in recommendations In Staff Report to Park &Recreation Commis-
sion dated August 27, 1973.
Request by Eden Prairie Schools for use of furniture from the Teen
Center at Round Lake Park for the "Mini-School Program;' (Reportatt_ )
Action: Motion to give the furniture to the School District.
rL' 3. CWer by :Nilliam Cooper to donate land located at 175 th Ave. W. and
�j 66th Ste to the village for park purposes. (Report & le tter attached)
Action: Motion to accept donation of the property.
j M4. Bryant Lake'Nater nualit Anal si (Report attached)
Action: Motion to enter into thA joint stud y with the Nine Mile Creek
Watershed District irrespective of action by other municipalities
requested to participate in the study.
5. Recommendation to apply for 'Beautification Funds" from the Nine.
IAIIc Creek Watershed District forgrading and plantings at Bryant
Lake Park and fcr plantings along Nine Mile Cree: in the area of
new Highway 212. (Report attached)
Action: Motion authorizing the appllcatiom as outlined in the Park and
Recreation Director's report.
Council Agenda �BOARDc&COMMfrS-40NS.
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er 2 1973
VI. REPORTS OF OFFIC S
D. Report of Director of Parks and Recreation (cont.)
6. Discussion of Leaf Recycling Center --consideration of
alternative sites, etc. (Map &report will be delivered Mon.)
Action:
E. Report of Finance Director:
Resolution No. 769 awarding bid on 1974 —3/4 ton 4 wheel drive cab
and chassis truck for Utility Division in the amountef $3 695 to Ford
Freeway Motors. (Resolution attachad)
Action: Motion adopting Resolution No. 7 69.
F. Report of Village Clerk:
Village Clerk's Recommended License Application List dated 9/25/73.(AtL)
Action: Notion approving License Application List.
VII. FINANCES:
A. Payment of Claims No. 2624- 2701. (Attached)
Action: Motion approving payment of Claims No. 2624 -2700.
VIII_ ADJOURNMENT. /
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03"'
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Mailed to the Membership
September 4, 1973
BY-]LAWS
OF
THE NBMNEPIN-BOWM SUBURBAN LEAGUE OF MUNICIPALITIES
ARTICLE I. Membership
Section 1. Any municipality under 250,000 population in the Metropolitan Area of
Minnesota shall be entitled to membership in this corporation. Each municipality shall
designate a representative and such alternates as it desires on such form as proscribed by
the Board of Directors.
Section 2. ASSOCIATE MEMBERSHIP. Any member of the legislature, individual
citizen, organisation or governmental unit upon application, approved by the Board of
Directors, and upon payment of nominal dues, the amount of which is to be determined by the
Board of Directors, may bee=oms an Associate Member. An Associate Member shall have the
privilege of full participation in League activities, but shall not have the right to vote
at Membership Meetings or the right to membership upon the Board of Directors.
Section 3. SUSTAINING MEMBERSHIP. Any individual or organization upon application
to the Board of Directors, approved by the Board of Directors and upon payment of nominal
dues, the amount of which is to be deterained by the Board of Directors sway become s
Sustaining Member. A Sustaining Member shall be supportive only and shall not have the
privilege of participation in League activities.
Section 4. Applications for membership shall be in such form as'prescribed by the
Board of Directors.
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ARTICLE II. Meetings
Section 1. Annual meetings of the members shell be held in May of each year, and
at such time reports of the corporation's officer shall be presented and the election of new
officers shall be conducted .
Section 2. Regular meetings of the members shrall be held at such times and places
as indicated in the notice of said seetinga,which notices shall be given at least seven (7)
days prior thereto, and may bs given by mail or telephones. It shall not be mandatory, but,
unless the members are notified to the contrary, regular meetings shall be held on the first
Thursday of each month, September through slay. The annual meeting in May may be considered
as a regular meeting.
Section 3. Special Meetings of Mabers
(a) Any five members my in writing directed to the President or Secretary
demand a special meeting. The deamand shall state a time and place for said meeting which
shall be no sooner than seven (7) days, nor longer then tan (10) days after receipt of the
dessand by the officer. In the event the Secretary dose Want notify the mtaberihip within
three (3) days, notices may be mailed to time membership met their last known address by any-, j
one of the five desmanding amid meeting, giving at least Bevan (7) days notice of said
meeting.
(b) The notice shell state the purpose of said meeting and only items referred
to may be considered at said seating.
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Section 4. Board of Directors Meetings:
(a) Board of Directors Meetings shall be held upon the call of the President
and at least six 4(6) days notice thereof shall be given.
(b) Any two directors may in writing directed to the President or the Secretary
demand a Board of Directors ateetisg, The demand shall state a time and place for asid
meating which shall be no sooner than six (6) days after receipt thereof by said officer. In
the event the Secretary does not notify the aesbere of the Board of Directors within three
(3) days, notice May be sailed by anyone of the two demanding said meeting.
ARTICLE III. fiscal
Section 1. The annual budget shall be prepared by a Finance Committee, appointed
by the outgoing Board of Directors and approved by the incoming Board of Directors. Dues
shall be determined by the Executivs Committee to meet budgetary requiromments and shall be
based on the following schedule:
(a) A basic charge of $450, or such lesser mom as determined by the Executive
Committee, for each somber municipality.
(b) A member municipality entitled to more than one vote as defined la Article 1
VIII of these By-Laws shall pay an additional charge of $ 25.00 per such vote.
(c) Budgetary expenditures required in excess of the aossounto derived from the
above basic charge to be allocated on the basis of the schedule set forth below. The
allocation within Beach population category shall be borne equally be each municipality
therein.
POPULATION CATEGORIES —PERCENTAGE OF BUDGET
1-999 Ol
1,000-4.999 10%
5,000-19,999 25%
20,000-Over 65%
Section 2. Dues shall be payable annually in advance of the fifteenth day of July.
Section 3- Dues shell be paid on or before September 1, or the member's new
shall be stricken from the membership roll. Reinstatement shall be upon such terms and
conditions as prescribed by the Board of Directors.
Section 4_ The fiscal year shall be from duly 1 to dune 30.
ARTICLE IV. Officers-Duties, Qualifications
and Elections
Section 1_ The officers of the corporation shall be a Psasidsnt, Vice-President,
Secretary-Treasurer and Past President.
Section 2. The President shall preside at oil meetiegs of the am mbership and of
the Board of Directors when present. Be shall have all powere and authorities, and all
duties necessary and incident to or customary to the office of Preaident of a corporstion.
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Section 3. The Vice-President shall act in the absence or disqualification of the 1
President and shall have such duties ar are assigned to him, and shall have all of the
pavers and authorities and all duties necessary and incident to or customary to the office
of Vice-President of a corporation. He shall serve as chairman of the Executive Committee.
Section 4. The Secretary-Treasurer shall keep the records of the corporation and
keep full accounts and records of all monies, properties and assets of the corporation. He
shall have such powers, authorities and duties necessary or incident to or customary to the
office of Secretary and Tressurer of a corporation. All monies belonging to the corporation
shall be deposited in a bank or banks to be designated by the Board of Directors, in a
separate account in the name of the corporation. Withdrawals or checks shall require the
signature of any tvo of the following officers: President, Vice-President, Secretary-
Treasurer, and Executive Director. These four officials before entering upon their duties
shall obtain a good and sufficent bond, said bond to be paid for by the corporation. The
Secretary—Treasurer shall assume the duties of the Executive Director in the absence of an
Executive Director and shall serve as a chairman of the Finance Committee and as a member
of the Executive Committee.
Section 5. The corporation shall have the right to employ an Executive Director,
The Executive Director shall have active charge of the administrative affairs of the
corporation, subject to the general supervision of the Executive Committee. He shall
appoint the corporation employees and shall administer the corporation office and the
corporation services. He shall prepare an annual budget of revenues and expenditures for
the consideration of the Finance Committee and shall limit expenditures to the total budget
approved by the Executive Committee. He shall submit to the Executive Comsittee and to the
messbership at the annual meeting an annual report of the corporation affairs, services and
finances. He shall act as Secretary of the Executive Committee and of the annual and other
meetings of the corporation. Administrative affairs shall include supervision over office
furnishings and equipment.
Section 6. Election of Officers and Director .
(a) The annual election shall be held in May at the annual meeting, and notice
of such meeting shall be mailed to each umober at his last known address at least ten (10)
days prior thereto.
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(b) Not less than sixty (60) days prior to the annual election the President j
shall appoint, vith the approval of the Board of Directors. a nominating committee of not
less than five (5) members, one of whom shall be a amber of the Board of Directors.
(c) Said committee shall, not less than ten (10) days prior to said election,
make recommrendations to the members in writing, the names of candidates for election for
the offices specified in Section 1 of the article and for the members of the Board of
Directors pursuant to Article V, Section 1. In making such rscos ndations said committee
should give due consideration to appropriate geographical and population representation of i
amber municipalities. Said notice shall be mailed with the notice specified in paragraph
(a) above. No member of the committee shall be eligible for any office, as defined in
Section 1 of this article, by action of the committee.
(d) Additional asses may be placed in nomination at the time of balloting by
any member.
(a) Voting shall be by each designated representative present. Back-mmslelpallty
@Mall-be-estitiod-to-eae-vale, Each municipality shall be entitled to cast the number of
votes indicated in the schedule below.
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Population Categories Number of Votes
1-999 1
1,000-4,999 2
5,000-19,999 3
20.000-Over 4
Provided however, that no less than two directors shall be elected from each of the
_. population catesories above.
(f) A cendidate receiving a majority of the votes shall be declared elected, In
the event me candidate received a majority vote on the first ballot, reballoting shali be by
pre-announced rules prescribed by the nominating committee, who shall also serve as election
judges.
(g) No member may hold more than one office, as defined in Section 1 of this
article, at the same time and no member may be re-elected to succeed himself unless an
interval of a year has transpired. Filling an unexpired term shall be considered a term in
office and prevent re-election.
(h) Tern of office shall commence June 1 following the annual meeting.
ARTICLE V. Board of Directors
Section 1. The &card of Directors shall consist of the officers specified in
Article IV. Section 1 hereof, the immediate past President and seventeen other member
represent.eives. In the event the immediate put President is unable to serve, one other
member at large shall be elected to that position. Member representatives shall be eligible
for successive terms.
Section 2. Duties of the Board of Directors shall include:
(a) Control and management of the,property and assets of the corporation.
(b) Authorization of unbudgeted expenditures prior to their expenditure.
(c) Direction of activities for the general benefit of the corporation.
(d) Approval of all committees. all committee chairmen and their purposes and
functions.
(e) Approval of all applications for associate and sustaining membership.
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(f) Consideration and approval of arrangements to offer additional league
services to amber or non-ssesber sminicipalitias on a special fee basis.
(g) Filling all vacancies to elective office, said appointaenes to b• by
mainrity vote of tho Board and such psrtohs shall serve the duration of the term of the
individual being replaced or until the next regular election.
(h) Possible reisburaement of members for expenses when they are instructed by
the Board or the Executive Committee to act as official representatives of the Hennepin
County League of Municipalities. No reisebursament shall be "do for regular committee or
board meetings.
(i) Attending to such other duties as are necessary to the operation of the
corporation,.
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Section 3. Powers
The Board of Directors shall have all powers necessary to carry out
effectively the foregoing duties and such other powers as are necessary and incident tan
their performance, however, the Board of Directors alwall not have the power to take a
position on a public issue and indicate that such position represents the view of the
of the corporation.
ARTICLE VI. Committees
Section I. The President, with the approval of the Board of Directors, shall
appoint such co_ittess as from time to tine appear necessary to carry out the purposes
and functions of the corporation. No expenditure shall be suds by a committee without
prior approval by the Board of Directors.
Section 2. The President shall appoint an Executive Committee as follows:
(a) The Executive Committee shall be composed of eight members, four of these to
be the four officers, President, Vice-President, Secretary-Treasurer, and Past President,
and four others who will represent the League smmberatrip geographically.
(b) The Executive Committee shall report to the Board on all committee proposals
In regard to legislation.
Section 3. The President shall appoint a Finance Committee which shall inclumde the
Secretary-Treasurer among its members.
ARTICLE VII. Quorum
Section 1. The following number of umbers not be present at any meeting to f
constitute a quorum for the purpose of transacting any business.
(a) Board of Directors meeting - 8 umbers.
(b) General or special membership meeting - 20% of the paid members.
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(c) Executive Committee - 4 members.
(d) A general or special meeting of the membership at which either the Articles
of Incorporation or the By-Laws are to be amended shall have 3O%of the paid members in
attendance.
Section 2. Attendance at the meeting to comply with quorum requirements shall
mean attendance at the opening of the meeting and it shall be considered a lawful meeting
if the above numbers are complied whether or not the mmseber Is still in attendance at such
time as a vote is taken.
Section 3. No proxies shall be recognised.
ARTICLE VIII. Procedure for Expressing
An Opinion
Section 1. In the event the Board of Directors takes a public position on my
matter, without the approval of the members, it shall be specifically stated to be the
opinion of said Board of Directors only.
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Section 2. Any policy statements, recommendations, criticises, suggestions
for legislation, public stand on any issue, shall be either .sailed to the membership five
(S) days in Advance of any regular, special, or annual meeting, or read at s meeting prior
to the meeting at which said action is to be taken. Any such recommendation of any amber
of any committee .boll first be approved by the Bxacutive Committee. Executive committee
shall not have the right to hold said recommendation and upon request of the sponsoring
cosamletee or amber it shall be reported to the general membership at the next general.
special, or annual noting. In the went that it is determined to obtain the sentiment of
the membership by a sail ballot, that may be done and such mailings be done at the expense
of the corporation.
A majori ty of the members present and voting; on any matter pursuant to this
chapter and upon racsiving a majority vote of those voting, shall be required. Only
designated reprssentstives shall be entitled to gist a vote for the municipalities. The
vote on any such smatter shall be by acclamation; but at say time before the result of the vote
is announced, the chairman my, and shall, if rspuasteed to do so by four or more delegates
present, submit tha question under consideration to a vote by municipality, in which case
each amber sunicipolity represented shall have one vote.
Any municipality having a population over 34,000 shall be given the right to cost
an additional vote for each additional full 34,000 population. Population to be established
on the basis of the last Federal decennial census. Nothing in this article shall preclude
the presentation of a minority position which shall be recorded in the records of the League.
No commitments shall be made by a mail ballot unless ballots are cast on the
question by at least 20% of the member municipalities through their legislative bodies, at
least ten (10) days shall elapse betwen the sailing of the blank ballots and the counting
of the marked ballots.
ARTICLE II. Amendments
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Section 1. These By-Laws my be amended by a majority vote of the numbers present
at any general or special meeting, provided written notice has been given to each member
at its last known address at least thirty (30) days tlmersto.
Section 2. The Articles of Incorporation say be amended by 60% vote of the smembers
of the corporation present at any general or special meaning. provided written notice thereof
has been given earl+amber of the corporation at its last known address at least sixty (60)
days prior thereto-
ARTICLE I. ROM OF OEDBR
Robert's gales of Order Revised shall govern the proceedings of all meetings of
the corporation and each constituent part, except as provided in the Sy-Lass. A par,imsen••
tarian shall be appointed by the President.
ARTICLE II. Suspension of By—Lows
These By—Laws may be suspended by a unanimow vote of the members present at a
duly constituted meeting.
ARTICLE III. Audit
The Board of Directors shall designate ■ cosmpteat person to Audit the corporation's
books prior to the transfer of the books of account tun the new Treasurer.
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DRAFT
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
WHEREAS, traffic volume on T.H. #5 has increased because of
the completion of new U.S.#212—#169 from Crostown#62 to T.H. #5, and,
WHEREAS, the traveling public cannot safely turn off of, on to, or
cross T.H.#5 west of I-494 to the westerly Village limits, and
WHEREAS, emergency vehicles located at the Public Safety Center-
Fire Station on the southeast corner of T.H. #5 and Mitchell Road are not
able to safely enter onto and to cross T.H. #5, and
WHEREAS, major employers located on T.H. #5 are concerned about
the safety of their employees and have petitioned the Village Council for
corrective action.
THEREFORE, BE IT RESOLVED that the Minnesota State Highway
Department be hereby reque9sted to upgrade T.H. #5 through the Village
of Eden Prairie by:installing traffic signals at the intersection of T.H. #5
and Mitchell Road, constructing right lane by-passes at all left turn j
Intersectio a construct g turn g lanes at all right turn Intersections.
ADOPTED by the Villa ouncll on September 25, 1973,
Paul R. Redpath, Mayor'
ATTEST:
SEAL
John D. Frane, Clerk
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VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO- 769
A RESOLUTION AWARDING BID ON 1974- 3/4
TON 4 WHEEL DRIVE CAB AND CHASSIS TRUCK
FOR UTILITY DIVISIONI
WHEREAS, three quotes were received in accordance with legally
required quotes purchase procedures, and the low bid of Ford Freeway
Motors in the amount of $3,695.00 meets Village specifications,
THEREFORE, BE IT RESOLVED that the low bid from Ford Freeway
Motors in the amount of $3,695.00 be accepted.
ADOPTED by the Village Council on September 25, 1973.
ATTEST: aul-R—. JWd-p-a5, Mayor
SEAL
Jon D_ Frane, C erk
Below are the quotes that were submitted that met our specifications:
FREEWAY DODGE $4,392.00
SUBURBAN CHEVROLET $4,015.00
FREEWAY FORD $3,695.00
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RESOLUTION 110. 772
RESOLUTION ORDERING PREPARATION
OF REPORT ON Ih1PRO70MENTS
WHEREAS, i t is proposed to improve:
PROJECTS SAN 73-1-27 and WTR 73-2-27 Sanitary sewer and watarmain laterals plus
` street paving for the Scenic Heights Addition.
and assess the benefitted property for all or a portion of the cost of the
improvement, pursuant to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE,VILLAGE
COUNCIL: -
That the proposed improvements be referred to the Village
Engineer for study with the assistance of Brauer 6 Assoc._ Inc.
and that a feasibility report shall be prepared and presented to the Village
Council with all convenient speed, advising the Council in a preliminary
way as to the scope, cost, assessment and feasibility of the proposed improve-
ments.
ADOPTED by the Village Council on September 25, 1973
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Paul R. P.edpath, Mayor
ATTEST:
SEAT.
Jo D. Frane, Clerk
VILLAGE OF E DEN PRAI :Z IF
PETITION FOR LOCAL•IMPlOVE,%Zl'ii j
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To the Colacil of tho Vi11Fmo of Eden Prz.irie:
The u--Bderaig^.�d, being prep^-.'tY ot''ncrs in the Village of Eden rrairie
interested in thn follx^ing dencribod improvement, do hereby petition for
Village water, sanitary se-er, blacktop street.
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in the following location:
Scenic Heights subdivision.
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and that the total cost thereof be assease:d aoaiust property benefited by the
improvc,n:nt.
Each petitioner waives all notice required by law bafore construction or
installation of said improvement, and further waives all notice required by law
prior to assessing the land of patitioncr for benefits to said land because of
such i;uprovea^nt.
LEGAL Dc�C :i O?EITY Oil- BY Pr",IiIO:.iRS
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EDEN PRAIRIE, MINNESOTA
Change Order No. 4
Date
9/19/73
— Project: Sanitary Sewer and Watermain•Improvements - Section 1
Contractor• Lametti and Sons Inc.
Cpmn►letion• pate August 1, 1973 Same
jPrev ious Revised
Description: See Attachment for Detailed Breakdown..
Item 1 -' $3,380.85
Item 2 2,448.00
I tem 3 - 160.00
Item 4 - 520.00
Item 5 - 2,020.00
Item 6 - 405.00
Item 7 - 170.00
Item 8 - 100.00
Item 9 - 1,232.00
TOTAL ADD: $10,435.85
It is mutually agreed that this Change Order is in accordance with the above
Contract dated December 5 1971 and that the change in the
work described herein will be accomplished in accordance with the provisions
of the Contract and that the Contract amount will be (increased) (jVgrdfgVd) in
the amount of Ten thousand four hundred thirty-five and 85/100ths Dollars
($ 10,435.85 ) as full cornpensation for all work under this Change Order
and that the Contract completion date will be extended 0 ealegdar
days th efore.
Consulting tngin Date Village Engineer Date
Vp
Village Manager
Contrac Date
• 3
CHANGE ORDER 04 - DESCRIPTIONS AND COST ESTIMATES
ITEM 1. Light weight aggregate in areas of poor soils in
pipe zone. Replaces sub cut and crushed rock
375.65 Tons @ $9.00/Ton = 3,380.85
ITEM 2. Truck rental for hauling good base materials
to areas of poor subgrade material. Replaces
subgrade correction material.
136 Nrs @ $18/Hr a $ 2,448.00
ITEM 3. Additional bentonite dams in trench on Duck Lake
Trail wear lake - requested by the Purgatory-
Riley Creek Watershed District.
Lump Sum ' $ 160.00
ITEM 4. Replace and relocate IS" CMP culvert on Duck
Lake Trail.
52 LF @ $10/LF _ >i ,520.DO
ITEM S. Add 240 CMP culvert at 175th Ave. and 66th St.
160 LF @ $12 . $1,920.00
240 Apron @ $100 . 100.00
■ $ 2,020.00
ITEM 6. Add PVC culverts on Duck Lake Trail east of
Duck Lake Road.
75 LF 10" @ $4.00 - $300.00
30 LF 8" @ $3.50 105.00
■ s 405.00
ITEM 7. Lift Stations. Install flashing alarm lights
on both lift stations. $ 170.00
Lop Sum
ITEM 8. Instal 1 decorative pit ing at lift station. s 100.00
Lump Sum '
ITEM 9. Regrading in Padon Down's area, widen and
grade Duck Lake Road between Padon Drive
and Peterborg Road.
Lump Sum S 1,232.00
CONT; CHANGE ORDER REQUEST 2 �. �I•L'+9
CHANGE ORDER N0.
CONI '.CTOR: March 2, 1973
CONTRACT DATE:
NORTHDALE CONSTRUCTION CO., INC. 72-9-19
OWNER'S CONTRACT N0.
8208 Northwood Parkway
ORIGINAL CONTRACT
Minneapolis, MN 55427 AMOUNT $ 151,982.10
JOB: Hipp's Plan "B" P.U.D_
OWNER: Village of Eden Prairie, Minnesota
i
The cost of the following changes, deletions or addi tions to the above
CONTRACT are hereby requested.
AMOUNT
DESCRIPTION OF THE CHANGES INCREASE DECREASE
Sub-cut and replace poor materials on Heather $gOO.DO
Avenue and Heather Circle.
Sub-cut and replace poor materials on 900.00
Tamarack Tra i I.
�I
The amount of the contract shall be ( INCREASED) (DB(GLR=99) $ 1,800.00
Prepare by
BRAVE 6 ASSOCI INC. CONTRACTOR APPROVAL:
BY r NORTHDALE CO TRUCTION COMPANY, INC.
ATE: eptember 7, 19 73 BY j
DATE
OWNER, APPROVAL:
VILLAGE OF EDEN PRAIRIE, MINNESOTA
BY
DATE 4
86A 4 4-72 �Vy
DATA: September 19, 1973
TO: Mayor& Me nbers of Village Council, &Park &Recreation Commission
FROM: Marty jessen, Director of Parks and R p(eation H•�-
THROUGH: RobertP. Heinrich, Village Manager �J1�
SUBJECT: NINE MILE CREEK WATERSHED DISTR CT BEAUTIFICATION PROGRAM
We've received a letter from Mr. James A. Jones, president of the Nine
Mile Creek Watershed District, dated July 25, 1973, indicating that they
had money available for cooperative projects for creek enhancement. The
letter stated: "The Managers envision a general beautification and
improvement of the creek setting over a period of years, beginning with
the particularly unsightly problem areas." The letter further indicated that
the Board of Managers is looking for enhancement, particularly of public
land areas within the District.
The first area within the Di strict that comes to mind for enhancement is the
regrading and replanting of the high hills within Bryant Lake Park overlooking
Bryant Lake. This area was graveled some years ago by the Holaseks,but
the qualityof the materialwasfourl to be substandard and as aresult, the
scars from the exploratory graveling remain today. With the Village's
acquisition of this area for a major community park site, we now have the
opportunity to rectify this situation and improve the visual amenity of the
park area . At this point, we're uncertain as to the cost of grading necessary
to restore the hill and the amount of plantings that might be necessary,
particularly because we have not completed the Park Master Planning effort
that was outlined in the 1973 Program Budget. It is my hope that we will be
able to do a good bit of work in this regard over the coming winter and some
of this re storation work could easily take place during the summer of 1974.
Other work in the Bryant Lake Park which will be studied over the coming
winter wi 11 include the pos sable relocation of the access road and rough
grading and construction of better parking facilities for park users.
The Nine Mlle Creek Watershed District has budgeted approximately $41,000
for cooperative projects in 1973. To date, $3,500 has been encumbered for
lhejoint project at Mt. Normandale Lake in Bloomington and $4,000 has been
encumbered for a joint water quality study with Eden Prairie at Bryant Lake.
The remaining money is presently unobligated. While we presently do not
have cost estimates for the project as outlined, I would suggest that we
indicate to the Watershed District our intentions to proceed with the
restoration of portions of aryant Lake Park subject to their participation in
the funding of this work. The District also has a project proposal from the
City of Hopkins for some plantings along Nine Mile Creek in Hopkins, and
from what I gather, are looking favorably upon this request. No accurate
cost estimates have been developed for the Hopkins project either. The ,.
District has in the past encumbered monies over an extended period of time
(two or three years)for joint projects. I would suggest that we advise them
Pag e 2
of our intentions at Bryant Lake and request that they encumber whatever
funds might be available from 1973 and also appropriate additional monies
from 1974 to complete as much of the project as financially feasible in
1974.
One other potential project that comes to mind for use of these funds is
the beautification of the Nine Mile Creek area in the vicinity of new
Highway 212. The State Highway Department Building proposed in that
area is of particular interest for use of beautification monies. I would
suggest this as an alternate site if sufficient money might become available
to complete the Bryant Lake restoration,and also to instigate additional work
of this type within the Village.
MJ:kg
• i
•
i
DATE: September 19, 1973
TO: Mayor and Members of Village Council
FROM: Marty Jessen, Director of Parks and Rer�ation /1 •S
THROUGH: Robert P. Heinrich, Village Manager
SUBJECT: BRYANT LAKE WATER QUALITY ANALYSIS
While I appreciate the continued effort on the part of the Village to
Involve other communities in the joint water quality studyat Bryant
Lake, I feel it's reaching the critical stage for getting started on this
effort. John Dickson, engineer for the District, has indicated that the
study should start by October loth if It is to be representative of water
quality in 1973. If we are unable to approve the study by that time, it
is his recommendation that then we would wait well into 1974 to commence
the study. By delaying the starting date to 1974,it will have a
detrimental effect on scheduling any park development or improvements
necessary in that area as a result of our taking possession to the riding
stable on July 1, 1975. It seems to me that the water quality analysis
will develop recommendations for development of the park area and
placement and treatment of those kinds'd facilities deemed desirable for
the Bryant Lake Park. In light of this, I would recommend that the Village
move to enter into the joint study with the Nine Mile Creek Watershed
District irrespective of action by other municipalities requested to
participate in the study. If the municipalities subsequently do agree to
participate, we will be able to reduce our share of the cost proportionately,.
If not, we will at least be underway with a very key element to the overall
design development for the park. The Nine Mile Creek Watershed District
has formally agreed to enter into the study with the Village upon Village
action to do so. Therefore, we will be able to execute the agreement as
soon as the Village takes action on this item.
MJ:kg
DATE: September 19, 197 3
TO: Mayor & Members of Village Council& Park &Recreation Commission
FROM: Marty Jessen, Director of Parks and Refifireation N T-
THROUGH: Robert P. Heinrich, Village Manag_ ,
SUBJECT: OFFER BY WILLIAM COOPER TO DONATE LAND TO THE VILLAGE
FOR PARK PURPOSES
Attached is a letter from Barry Lazarus, attorney for Mr. Cooper, stating
Mr. Cooper's intention to offer Lot 5, Block 2 in the Sunset Ridge Addition
to the Village for park purposes. This lot is located at the comer of
the two streets in a "quasi-cul-de-sac arrangement".
The lot slopes rather steeply from the street off to the major Purgatory Creek
open space area identified as a future golf course location. As such, it would
provide a desirable access point to this major open space amenity in the
northwest portio in of Eden Prairie.
It is Mr. Cooper's opinion that the value of the property is at least$8,750,
av
ailable to it and Mr. Cooper has in fact
i
The lot does have public utilities
paid the first installment of the assessment for these utilities. The offer to
donate this land to the Village is made subject to the Village's abating all
additional special assessments payable on the land and to agree to be
responsible for the last half of real estate taxes due and payable in 1973.
The Village would be under no obligation to"guarantee" the estimated value
of the property; however, Mr. Cooper does request a statement from the
Village not disputing this opinion as to value.
In light of this offer to dedicate land to the Village at no cost, I would
recommend the Village accept the donation of land located at the comer of
175th Avenue West and 66th Street for park purposes, this land to be used
as an access point to the major open space amenity of Purgatory Creek in
the northwest comer of the Village and also to be used as a neigtiborhood
recreation facility.
MJ:kg
BERMAN A-ND LAZARUS
FRANK P. BIER MAN DDY SOUTH GATE OFFICE PLAZA
SARRY M. I_AZARUS 5001 WEST)a�"STREET
MINNEAPOLIS,MINNESOTA 55437 +]
AREA COO[612 }-
TELEPHONE 035-3933 f
August 30, 1973
Village of Eden Prairie
8950 County Road 4 j
Eden Prairie, Minnesota
Attn: Mr. Martin Jessen
Director of Parks and Recreation
Dear Mr. Jessen:
My client, Mr. William Cooper, owns a parcel of real estate legally
described as follows:
Lot 5, Block 2, in Sunset Ridge according to the i
map or plat on file in the office of Register of 1
Titles in and for Hennepin County. 111
Because Mr. Cooper is desirous of retiring, he does not wish to
spend the time and effort required in placing this property on the
market for general sale. This property has direct access to
Purgatory Creek and would be a natural ingress and egress to a pro-
posed major community park. Accordingly, he has a desire to donate
the property to the Village of Eden Prairie.
It is his opinion that the value of the property is at least
$8,750.00. This opinion is based on the fact that there appears
of record a satisfaction of mortgate in the amount of $7,000.00
and the fact that the property has appreciated since the satis-
faction of mortgage in an amount at least equal to $1,750.00 or a
total current market value of $8,750.00. 1
If the village would indicate by letter that the value placed on
the property by Mr. Cooper is not unrealistic and the village does
not dispute said value, Mr. Cooper will donate the property and not
seek an abatement of special assessments and real estate taxes he
has paid to date. However, Mr. Cooper does not want to pay any
additional special assessments for the last half of the real estate
taxes due and payable in IL973 and any special assessments which are
due and payable as of the date hereof.
Village of Eden Prairie -2- August 30, 1973
Would you please discuss the proposed donation with the village
council and indicate what action is to be taken at your earliest
convenience.
Very truly yours,
BERMAN AND LAZARUS
_✓
Barry Lazarus
BL:dg
cc: Mr. William Cooper
i
i
l
I
.I
DATE: September 19, 1973
TO: Mayor& Members of Village Council &Park &Recreation Commission
FROM: Marty Jessen, Director of Parks and r�reation ".T.
THROUGH: Robert P. Heinrich, Village P anager �
SUBJECT: REQUEST BY EDEN PRAIRIE SCHOOLS FOR USE OF FURNITURE
FROM THE TEEN CENTER AT ROUND LAKE PARK FOR THE
MINI-SCHOOL PROGRAM
We have been contacted by the students and faculty from the High School
Mini-School Program for the use of furniture from the old Teen Center building
at Round Lake Park. This furniture would be used for the students in the
Mini-School Program, which is a more informal educational approach than
the traditional school setting.
We have not had the Teen Center building at Round Lake Park open for some
time for use as a drop-in center. This is a result of poor attendance and
apparent lack of interest on the part of stud ants for a facility of this nature.
Furniture which was donated to the Village by Northwestern Bell has remained
in the building since without any particular use. The furniture is quite
substantial and solid and was used in the Northwestern Bell offices prior to
being given to the Village. It remains in pretty good condition today.
The "Teen Center" facility is presently used only occasionally by community
groups from the Village. The cost of maintaining the building is substantial,
particularly utilities for heat and electricity. We are not presently realizing
much of a return from our investment in the facility. The school has a need
and use for this furniture on a continuing basis whereas we are only using
it very occasionally. The few groups that are presently using the Teen Center
building could easily be scheduled into the school facilities through the
Community Education facility program.
It is my recommendation that the Village agree to give this furniture to the
School District for use in the Mini-School Program and encourage those
groups that periodically use the facility to contact the Community
Educational Services Department for facilities in the schools for future
meetings and that the Staff be directed to prepare a program for razing, the
building at Round Lake Park.
i
MJ:kg
_4
L?ATX: August 27, 1973
TO; Park &Recreation Commission
FROM: Marty Jessen, Director of Parks & Recreation
SUBJECT: ANDERSON LAKES CONCEPT PLAN
A lengthy discussion of the potential use and development of the
Anderson Lakes Park took place at the last meeting of the Commission.
At that time, the Staff presented a naturalist study done by Les Blacklock
and talked about the concepts of developing the park as a "nature center".
The restricted use of portions of the area was discussed and the concept
of visual use of the park but not physical intrusion into the park was
discussed in some detail. From that meeting, we have tried to briefly
highlight those areas from which people would be excluded and those
areas in which recreational activity would take place.
The basic concept behind this overall conceptual land use plan is one of
wildlife management, consistent with the report prepared by Mr. Blacklock.
The overriding consideration in this objective is one of controlled use of
ttie area by the public. Given this concern, the conceptual plan calls for
ttie fencing of the entire park area in Eden Prairie. This fence will need
to be continued into Bloomington to be effective in protecting the shores
of Anderson Lakes for waterfowl. With the development presently
existing in the Ensign Road area of Bloomington, this is not immediately
practical. However, as future plans for upgrading 169 become more clearly
identified and other future land uses in the area are determined, this becomes
a very real possibility.
T11he control point for public acces s to this Mure Center Area should occur
at the south end of the lake off of the new East/West Parkway. The concept
calls for using at least two of the existing structures in the park for service, j
one being the Gorra residence which would be used as the nature interpretive
center and the second being the R awn residence which is proposed for use as
a park manager's residence. It is suggested that all of the service facilities
for park patrons be located in this area. These would include parking, rest
rooms, and the two buildings. AL so in the southeastern area of the park,
picnic facilities and low-key recreation facilities would be provided. This
would include a small area for fie Id games and a tot lot for use by the
picnickers. These facilities would occur outside of the control point.
It will be necessary to have staff on the site whenever it is open to the
public. The park manager will be a naturalist who will determine those
areas through which the public is allowed access at given times of the
year. Certain areas will be restricted through all or portions of the year
from public use, consistent with Mr. Blacklock's report. Public use of the ,.
west shore areas of the lake will be greatly restricted as Mr. Blacklock has
suggested, but certain non-conflicting uses will be permitted during the
appropriate season as identified by the park manager. Active water-oriented
Page 2
recreation such as swimming and boating, will not be permitted within
the"nature center". The primary use of the area will be for environmeintal
education for both the public on weekends and for the school children in
the area during the weekdays. It is suggested that guided tours be a
regular occurrence in the park and that informal use by the public also be
permitted, subject to rules and regulations developed by the park manager
and consistent with the wildlife management objective.
Fencing of the lakes within Eden Prairie will Involve approximately
16,000 lineal feet of fence. As an indicator of cost, a 6' high chain
link fence will cost around$2.50 a lineal foot, or approximately $40,O 00
total. This estimate does not include fencing on the east side along
Co. Rd. 18 and where the future expansion of Hwy. 169 is proposed.
The Village presently owns 52.93 acres of land between the two Anderson
Lakes in Eden Prairie. Condemnation proceedings on an additional 43. 98 {
acres are presently underway. This would bring to approximately 97 acres
the total owned by the Village within the park boundaries. The Village F
presently holds an option on 7.47 acres of land within the park boundary
and an option on 13.68 acres of land previously held has expired because
of the inability to secure federal and state funding for the parcel. Botta of
these parcels plus eight additional parcels were included in the 1974
LAWCON Grant Application just filed last Friday with the State Planning
Agency. Total acreage at Anderson Lakes included in this LAWCON Grant
Application was 113.55 acres with a total estimated cost of$1,234,000.
It is not known what the likelihood of grant assistance is for the Anderson
Lakes area from 1974 LAWCON appropriations, Previous Village acquisitions
in this area were funded by LAWCON, State Natural Resources, and County
Lake Improvement funds in one percentage or another. Based on this
precedent, we are hopeful that funding will be forthcoming from the fiscal
year 1974 appropriations for LAWCON and State Natural Resource funding.
Hopefully this funding will be sufficient to cover 100% of the total
acquisition costs. The schedule developed by the State Planning Agency
indicates that grants available from Fiscal Year 1974 funds will be progsrammed
by November 12, 1973. It Is not until that time that we will know whether or
not our application has been successful.
Recommendations:
Given these considerations, I would suggest that the Park 6 Recreation
Commission make the following recommendations to the Council:
1. To approve the concept of the Anderson Lakes Park as a "nature center"
with areas of limited public use so as not to destroy the outstanding
wildlife habitat there.
2. To approve the concept of fencing the entire park area in carrying
out those steps necessary to achieve the"nature center"objective
Bage 3
3. Reaffirm the Village's intention to acquire all of the land within the
identified park boundary, including all of the land lying west of
Co.Rd. 18 between the lakes and west of Co. Rd. 18 south of the
lake to the East/West Parkway. This will be reconsidered after the
FY '74 LAWCON and Natural Resources are programmed in November
and our financial capabilities are better known.
4. Approve the final plat for the Basswoods Forest area of The Preserve
subject to the previously stated recommendations and agreement with
The Preserve on the "nature center" objective
MJ
I
,
STATUS OF ANDERSON LAKES PARK ACQUISITIONS
AUGUST 27, 1973
I. The following parcels have been purchased by the Village:
3b* 2 acres
3c 19.42
4 17. 35
5 5. 5
6 8. 66
52. 93 acres
II. The following parcels are being acquired through condemnation by the Village:
3b 17. 73 acres
10b 26. 25
43. 98 acres
III. The following parcels are optioned by the Village:
3a 13. 68 acres
10a 7. 47
21. 15 acres
IV. The following parcels are included in the Village's 1974 LAWCON Grant
Application:
3a 13.68 acres
l0a 7.47
10h 42i"
109 9. 9
too 8.5
10d 10
l of 10
100 1
9f 5
9a,b,c 6
113.55 acres Total est. cost: $1 ,234,080
V. Parcels in total park area to be acquired later:
8 single family houses on 1 - 1.5 acre lots.
i
1
DATE: August 27, 1973
TO: Park 6 Recreation Commission
FROU: Marty Jessen, Director of Parks & Recreation
SUBJECT: ANDERSON LAKES CONCEPT PLAN
_ A lengthy discussion of the potential use and development of the
Anderson Lakes Park took place at the last meeting of the Commission.
At that time, the Staff presented a naturalist study done by Les Blacklock
and talked about the concepts of developing the park as a "nature center".
The restricted use of portions of the area was discussed and the concept
of visual use of the park but not physical intrusion into the park was
discussed in some detail. From that meeting, we have tried to briefly
highlight those areas from which people would be excluded and those
areas in which recreational activity would take place.
The basic concept behind this overall conceptual land use plan is one of
wildlife management,consistent with the report prepared by Mr. Blacklock.
The overriding consideration in this objective is one of controlled use of
the area by the public. Given this concern, the conceptual plan calls for
the fencing of the entire park area In Eiden Prairie. This fence will need
to be continued into Bloomington to be effective in protecting the shores
of Anderson Lakes forwaterfowl. With the development presently
existing in the Ensign Road area of Bloomington, this is not immediately
practical. However,as future plans for upgrading 169 become more clearly
identified and other future land u ses in the area are determined, this becomes
a very real possibility.
The control point for public access to this Nature Center Area should occur
at the south end of the lake off of the new East/West Parkway. The concept
cal Is for using at least two of the existing structures in the park for service,
one being the Gorra residence which would be used as the nature interpretive
center and the second being the Pawn residence which is proposed for use as
a park manager's residence. it is suggested that all of the service facilities
for park patrons be located in this area. These would include parking, rest
rooms, and the two buildings. Also in the southeastem area of the park,
picnic facilities and low-key recreation facilities would be provided. This
would include a small area for field games and a tot lot for use by the
picnickers. These facilities would occur outside of the control point.
It will be necessary to have staff on the site whenever it is open to the
public. The park manager will be a naturalist who will determine those
are as through which the public i s allowed access at given time s of the
year. Certain areas will be restricted through all or portions of the year
from public use, consistent with Mr. Blacklock's report. Public use of the
we st shore areas of the lake wil l be greatly restricted as Mr. Blacklock has
suggested, but certain non-conflicting uses will be permitted during the
appropriate season as identified by the park manager. Active water-oriented
Page 2 \
i
recreation, such as swimming and boating, will not be permitted within
the "nature center". The primary use of the area will be for environmental
education for both the public on weekends and for the school children in
the area during the weekdays. It is suggested that guided tours be a
regular occurrence in the park and that informal use by the public also be
-- permitted, subject to rules and regulations developed by the park manager —"
and consistent with the wildlife management objective.
Fencing of the lakes within Eden Prairie will involve approximately
16,000 lineal feet of fence. As an indicator of cost, a 6' high chain
link fence will cost around$2.50 a lineal foot, or approximately $40,000
total. This estimate does not include fencing on the east side along
Co. Rd. 18 and where the future expansion of Hwy. 169 is proposed.
The Village presently owns 52.93 acres of land between the two Anderson
Lakes in Eden Pradrie. Condemnation proceedings on an additional 43.98
acres are presently underway. This would bring to approximately 97 acres
the total owned by the Village within the park boundaries. The Village
presently holds an option on 7.47 acres of land within the park boundary
and an option on 13.68 acres of land previously held has expired because
of the inability to secure federal and state funding for the parcel_ Both of
these parcels plus eight additional parcels were included In the IL 974
LAWCON Grant Application just filed last Friday with the State Planning l
Agency. Total acreage at Anderson Lakes included in this LAWCON Grant
Application was 1 13.55 acres with a total estimated cost of$1,234,000.
It is not known what the likelihood of grant assistance is for the Anderson
Lakes area from 1974 LAWCON appropriations. Previous Village acquisitions
in this area were funded by LAWCON, State Natural Resources, and County
Lake Improvement funds in one percentage or another. Based on this
precedent, we are hopeful that funding will be forthcoming from the fiscal
year 1974 appropriations for LAWCON and State Natural Resource funding.
Hopefully this funding will be sufficient to cover 100% of the total
acquisition costs_ The schedule developed by the State Planning Agency
indicates that grants available from Fiscal Year 1974 funds will be programmed
by November 12, 1973. It is not until that time that we will know whether or
not our application has been successful.
Recommendations:
Given these considerations, I would suggest that the Park &Recreation
Commission make the following recommendations to the Council:
1. To approve the concept of the Anderson Lakes Park as a"nature center"
with areas of limited public use so as not to destroy the outstanding
wildlife habitat there.
2. To approve the concept of fencing the entire park area in carrying
out those steps necessary to achieve the "nature center"objective.
f Page 3
3. 'Reaffirm the Village's intention to acquire all of the land within the
identified park boundary, including all of the land lying west of
Co Rd. 18 between the lakes and west of Co. Rd. 18 south of the
lake to the East/West Parkway. This will be reconsidered after the
FY '74 I.AWCON and Natural Resources are programmed in November
and our financial capabilities are better known.
4. Approve the final plat for the Basswoods Forest area of The Preserve
subject to the previously stated recommendations and agreement with
The Preserve on the "nature center" objective.
M1
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STATUS OF ANDERSON LAKES PARK ACQUISITIONS `
AUGUST 27, 1973
I. The following parcels have been purchased by the Village:
3b*� 2 acres
3c 19.42
4 17.35
5 5.5
6 8.66
52.93 acres
II. The following parcels are being acquired through condemnation by the Village:
3b 17.73 acres
lob 26.25
43.98 acres
III. The following parcels are optioned by the Village:
3a 13.68 acres
l0a 7.47
21,15 acres
IV. The following parcels are included in the Village's 1974 LAWCON Grant
Application:
3a 13.68 acres
l0a 7,47
10h 42±
log 9.9
loc 8.5
lod 10 j
l Of 10
l0e 1
9f 5
9a,b,c 6
123.55 acres Total est. cost: $1,234,080
V. Parcels in total park area to be acquired later:
8 single family houses on 1 - 1,5 acre lots.
I
4
TO: Mr. Robert P. Heinrich
FROM; Building Department
REGARDING: Setbacks Variance -Edenvale 5th Addition
Mr. Donald Peterson of the Eden Land Corporation has requested a
variance of front and side yard set backs.
I suggest that the Village adopt a unifarm set back requirement for
all lots of 13,500 square feet and smal ler. The set backs that I
reconmwand is identical to those approved of in the residential additions
of the Preserve.
The setbacks are the following:
1. Garage to side lot l ine 51
2. One and one and one—half story building to side
lot line. 10,
3. Two story building to side lot line. 15,
4. Front of building to front lot line. 30'
5. Rear of building to rear lot line. 20'
6. Houses built on corner lots. 20'
This recommendation could apply to Edenvale Sth Addition or an amendment
to Ordinance i135.
The above set backs are in general agreement with Edina,St. Louis Paris,
Bloomington and Richfield.
Wayne R. Sanders
Building Department
WRS:mn
9-20.73
w
®EN LAND CORP. moo Valley View Roo d-Eden Prairie,Mkm"343-Tel 612/941 MW
September 12, 1973
Eden Prairie: Mayor and VI 1]age Council
c/o Bob Heinrich, Village Manager
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Ladies and Gentlemen:
Eden Land Corporation Is hereby requesting a variance from the side yard
requirements for Edenvale 5th Addition. Edenvale 5th Addition, known as
Creekslde is located In a very heavily wooded area adjacent to Purgatory
Creek and the future elementary school sit . It has been platted with
large areas of open space di rectly adjacent to the rear of each lot. In
order to give better flexibi llty for locat ing homes within these heavily
wooded areas we are requesting a blanket variance for the 16 lots in Creek—
side to 10 feet and 5 feet on side yards acid 25 feet on front yards. This
Is slightly larger side yard setback than required in Golf View Subdivision
or plats in The Preserve. He feel this wi 111 allow greater flexibility In
placement of.houses to save trees and w111 stl i i provide adequate setback
on these lots which are all adjacent to major open space.
Your building Inspector has suggested this blanket variance and we request
that this be considered as soon as possible because several building permits
are awaiting your decision.
Yours truly.
EDEN LAND CORPORATION
Donald R. Peterson
Pres ident
DRP/po
r
1973 EDEM PRAIRIE BUDGET
ASSESSED VALUATIONS TAX LEVIES AND MILL RATES
(shown y year ot tax co ec i y
Actual Actual Actual Actual Proposed
1970* 1971* 1972* 1973* 1974*
Assessed Valuations
Real Property $43,635,903 $45,688,182
Personal Property 2,151,505 2,356,071
Total $19,514,139 $32.744.769 34 714 350 $45,787,408 548,044.253
Tax Levies
General $ 221,771 $ 222,019 $ 205,208 $ 208,375 $ 304,880
Firemen's Relief 1,239 2,183 10,600 10,600 3,300
Bonds 6 Interest 75,542 90,912 93,844 138,000 123,000
Southwest Sanitary
Sewer District 12,109
Fire 8 Public Works
Building Reserve 11,571 11,605
Total $ 310,661 $ 315.114 $ 321,223 $ 368.580 $ 431,180
Mill Rates
General 11.36 6.78 5.91 4.55 6.34
Firemen's Relief .07 .07 .31 .23 .07
Bonds 6 Interest 3.87 2.78 2.70 3.02 2.56
Southwest Sanitary
Sewer District .62
Fire b Public Works ,33 .25
Building Reserve
Total 15.92 9_63 9_25 8.05 8_97
*1973 was the first year when assessed values were computed without a
beginning division of the estimated market values by 3. The 1970, 71, and
72 assessed valuation have been increased to approximate their value under
the new method of computation.
TO: Mr. Robert P. Heinrich
FROM: Bull ding Department
REGARDING: Setbacks Variance — Edenvale 5th Addition
DATE: September 24, 1973
d d r has Mr. Donald Peterson of the Eden Land Corporation ration requested
a variance of front and side yard set backs.
I suggest that thse Village adopt a uniform set buck requirement
for all lots of 13,500 square feet and smaller. The set backs
that I recoewnd is identical to those approved of in the resi-
dential additions of The Preserve.
The setbacks are the following:
1. Garage to side lot line (also accessory building). 5'
2. One and one and one—half story building to side
lot line. 20,
3. Two story bui lding to side lot live. is,
4. Front of bull ding tc front lit line. 30&
5. Rear of building to rear lot line. 204
6. Side yard for houses built on corner lots. 20` (but nut con—
flicting with
30' setbacks).
7. 50' minimum from any building line on MSA, County
and State Highway.
This reeommendati on could apply to Edenvale 5th Addition or an
amendment to Ordinance 4135.
The above set backs arr in general agreemert with Edina. St. Louis
Park, Bloomington and Richfield.
Wayne Sanders
Building Department
WRS:mn
_ i
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, NINNESOTA
RESOLUTION NO. 768
A RESOLUTION APPROVING PRELIMINARY PLAT
OF S-r. JOHN'S WOOD 2NO ADDITION
BE IT RESOLVED BY THE Village Council of the Vil lage of Eden Prairie,
Minnesota as follows:
The preliminary plat of St. John's Wood located west of Baker Road
bei ng in the County of Hennepin and the State of Minnesota, described as
fol lows:
That part of the Northwest Quarter of the Northeast Quarter lying South
of the North 27 rods of Section 3, Township 116, Range 22, Hennepin
County, Minnesota described as follows: Beginning at the Southwest
corner of the Northwest Quarter of the Northeast Quarter; thence North
88 degrees, 23 minutes, 51 seconds East on an assumed bearing along the
South line of the Northwest Quarter of the Northeast Quarter, a distance
of 516.61 feet to the center line of County Road No. 60; thence North-
easterly, a distance of 284.08 feet along said center line on a curve
concave to the Southeast having a central angle of 19 degrees, 52 min-
utes, 23 seconds, a radius of 819-02, the chord of said curve bears
North 22 degrees, 59 minutes, 50 seconds East; thersce on a reverse
curve to the left along said center line having a central angle of 37
degrees, 39 minutes, 34 seconds arid a radius of 819.02, a distance of
538.33 feet; thence South 84 degrees, 41 minutes. 03 seconds West. a
distance of 34.00 feet; thence North 82 degrees, 16 minutes, 12 seconds
West, a distance of 185.60 feet; thence North 79 degrees, 11 minutes,
37 seconds West, a distance of 35B.99 feet to the best line of the' North—
west Quarter of the.Northeast Quarter; thence South 1 degree, 51 minutes,
37 seconds East a 7 ong said West 1 i ne of the Northwest Quarter of the North-
east Quarter, a distance of•675.62 feet to the point of beginning-
AND, is found to be in confonmw ce with the provisions of Eden Prairie
Ordinance No. 93 (Subdivision Ordinance) and No. 135 and all amendments there.
to.
ADOPTED by the Village Council on , 197 .
au path, ayor
ATTEST:
SEAL
r
John 0. Frane, Clerk
' t '
1 of 2
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Cc;rni3sir,n
DniE 4•-i3-73
;_;i',ie, Er,giraar
St. Ohn's !•load 2nd Addition Review or Pr�li^inary Qlat ���
�1 icy ens a,ted 4-4-73,
t 5ec.
LOCAT0 c Srom°t f
T :1 3l
O;IER/DcicICP�R D. N. Gustafson A Associates Inc.
E1tGIl.l`cq ttinnesota Valley Surve+ors °,Engineers Co
PrO OSAL: Owner requests approval of the prelininary DI fnr St
7ohn's !.pod
_ 2nd Addition This report will be in reference to the nrelininzry plat and
utility plans submitted to-the Engineering Department for review and_datEd
April 4, 1973.
GEM:ETRICS: (lot dirr._nsions, easements and right-of-way)
1. Individual unitand Qu o ugly.
The common open space sho Butlot-A
2. The street nan-e "St. John's Woodaive should be shortened to "St 's
Drive". Also the right-of-waY width of St. John's Drive should be increased
from 44 to 50 feet and ancu - e-sac 50 feet radius) should be indicated
at th- southerly terminus.
3. Proposed right.-of-way dedication for Baker Road is adequate pending a roval
by Hennepin County. a
4. A 20' wide permanent easement for utility and drainage purposes should be
shown at the south line of the plat between St. John's Drive and Baker Road_
This will be necessary primarily for future extension of the 9-Mile 1A trunk
sewer.
2of2
,i•-`-� ;•� �; ,;: Proposed street sections are noted on the utility plans.
Full depth asphalt design with concrete curb and gutter is recoTrended for all
p;;tl is and private streets and parking lots. Concrete valley gutters will be
cs at intersections with cross drainage. Proposed street gra4s are O.K.
I
-- Puz!IC !'-iLITIES: t—
Sani tars Si Si ewer: The proposed lateral sewer will be connected to the Nine Mile lA
sewer trunk now -under construction. The preliminary layout for the sewer
laterals'is acceptable.
4!atermain: A 16" trunk watennain is avail table on Baker Road. The lateral network
within the plat is O.K. as proposed.
Storm Sewer: A temporary panding area wi 11 be provided at the southwest corner of .
the plat (lot 20). The voll ume of the pond will be sufficient to prevent overfIow.
from a low intensity storm and will also serve as a settling basin to prevent silt
from washing into adjacent properties. A feasibility study concerning a positive
_storm sewer outlet for this and other properties has been ordered by t1he Village
Council.70-e DevEL.GPEtL 51 ko, GE, �FbNS PLF_ T Lnuusl��'�►�1 6lCk7
racti�� ze�rea olt tia o� °�' � oTr+rL vrtt
Miscel�1 The prelimtnar4 ut at9 nropmadCae
pains, electric cables and telephone lines fall
RECO?7.d_PlpATIOM: Recommend approval of St. John's Wcod 2nd Addition preliminary
plat subject to conformance with the recommendations of this-report.
Respectfu /�llbmitted,
�J(J l
Car J. e, F.E.
Village En reer
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9/4/73 Planning Commission
A. Cass roods site a2, 5.34 acres located near Anderson Lake in The Preserve
(south of Edina on Co. Road 16). Request rezoning for 24 to;inhouse dvrelling
units from Rural zoning to Rii 6.5 consistent with the Basswoods PUD.
tir. Putnam commented on the Park and Rec memo of August 27 and his staff
report.of August 29, 1:73.
Or. Dick Schwarz explained the land use plan and the relationship of the
site to adjacent sites. The entrance to the site would be off Basswoods
Road with the six 4-unit buildings situated around the loop road. Most of
the units would have vistas into the woods.
Nr. Schwarz commiented on the recommendations of the staff but indicated that
careful consideration ham rot been made due to lack of time. In regard to
the position of buildings 8, 10, 11 and 12, Iir. Schwarz stated that at the
time of staking it was very possible that buildings would have to be moved
because of elevation, amenities, and grading considerations. He felt a com-
promise could be worked out between the developer and the staff regarding
the recomrnenuati ons.
recreation
liithin Basswoods vehicular storage has been planned to accommodate residents
of the individual sites as opposed to one large building. Draining and filling
one of the wet areas for a tot lot has been discussed.
llrs. Meyers questioned the sight distance on Basswoods at the entrance to
the site. 14r. Carter stated that the entrance would be at grad. The loca-
tion of the entrance could change, however, after the site is more closely
exami ned.
Mr. Sorensen suggested that perhaps one of the four unit buildings could be
dropped and a two unit building substituted to make the overall density come
closer to the six unit per acre density.
When Mrs. Meyers asked if a unit would be dropped if the recommendations
could not be met, Mr. Scott Godine said "yes" if there was no other solu-
tion. However this would not be desirable.
Action Taken:
motet on ans made by Or. TesI ow seconded by Grs. Schee to recommend to the
Council reapproval of the request for rezoning for 24 townhouse dwelt ing
units from Rural to Rah 6.5 based on the Staff Report of August 29, 1973,
with its amended recommendations which follow:
1. Through relocation, redesion, modification or elimination of building 12.
reduce the necessary fill and its adverse impact upon the slope anti woods.
2. Investigate relocating unit 8, which fronts onto Basswoods Road, to
orient to the west to give greater private open space to each unit.
3. Relocate, modify or eliminate unit 20, which intrudes upon the low open
space area of site a2.
4. Investigate reorienting unit 11 to make better use of the views to the
east rather than north, directly onto the condmminiumm units proposed.
i
5. Solve the recreational vehicle storane spaces within tie a2 site.
G. Submit a detailed plan for the development W the wet areas as well as The
Preserve pathway system and node development within area d2, b, and a2, at
the earliest date or prior to issuance of Building Permits on site a2.
7. Recommend rezoning to Ril 6.5 for the 24 units proposed within site a2 of
the Qasswcoods if the above recommendations are satisfied. _
notion carried unanimously.
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:. 4 47
VILLAGE Or EDEN PRAIRIE
HENNEPIN COUNTY, MIMMESOTA {
l
ORDINANCE NO. 235
AN ORDINANCE RELATING TO ZONING AND
kMENOING ORDINANCE NO. 135 Basswoods Site A2
24 Townhouses 5.34 acres
The Council of the pillage of Eden Prairie does ordain as follows:
Section 7. Appendix A of Ordinance No. 135 is amended by adding to Section ?-
24, Township 116, Ranqe 22 as.follows:
That part of Government Lot 8, Section 24, Township 116, Raaga 22
described as follows: Commencing at the southeast corner of the NEI/4
of the WE 1/4 of Section 23, thence S 870 48, 53" W. along the south
_ line of s aid NE 1/4 of the NE 1/4 a distance of 28.28 feet;thence S 80 491
47" W, 129.69 feet to the north right of way line of the East Nest Parkway;
thence S 840 271 49" E, 224.38 feet;thnece on a tangential curve to the
left(radius 616.20 feet central angle 14 32, 21")156,37;thence N 809
59, 11" E, 98.04 feet;thence on a tangential curve to the right(radius
1004.93 feet, central angle 600 56' 1911)1068.83 feet;thence on.a noa—
tanoaential curve concave to the south (radius 279.79 feet central angle
30 41, 30", chord bearing N 660 20, IS" E) 149.87 feat to the point of
beginning;thenc8 continuing along the same curve(radius 279.79 feet,
central angle 25 32, 58"')124.78 feet; thence S 72° 45, 581''-E, 92.61 feet;
thence oa a tangential curve to the left (radius 238.07 feet, central angle
820 45, 12")343.85 feet; thence N 240 28, 50" E; 39_ 61 feet; thence cm a
tangential curve to the left(radius 105_00 feet, central an�le 350 402 53")
71.62 feet;thence S 250 24,30" E,258. 19 feet;thence S 89 301,Ol"E.
145.00 feet;thence N 560 05'26"'E, 323.93 feet;the—nee N 0 36, 50" E.
253.98 feet to the point of beginning, all in Haaaepia County, State of
Minnesota.
Rezoning 5.34 acres from District Rural to RM 6.5 for 24 townhouse units.
First read at a regular meeting of the Council of the Village of Eden
Prairie, this 25th day of September and finally read, adopted and ordered
published at a regular meeting of the Council of said Village on the
day of
Pau I R. Re path, Mayor
ATTEST:
SEAL ^'
John D. Frane, Clerk
Published in the Eden Prairie Sun on
STAPP PLANNING REPC)PT
i
PROJECT: Basswoods a2
LOCATION: Basswoods P.U.D. in The Preserve (located south of
Edina on Co. Rd. 18)
REQUEST: RM 6.5 zoning for 24 single family attached units on a
5.34 acre site
FROM: Richard Putnam , Village Planner
THROUGH: Robert P. Heinrich, Village Manager
OUTLINE:
A. Background.
B. Site Analysis.
1. Circulation.
2. Building Orientation.
3. Building Site Work.
4. Building Design.
C. Recommendations.
A. Background:
The original Basswoods concept, submitted as a joint venture by Mark Z.
Jones Associates and The Preserve , is for a 76 acre area north of the
Phase I development in The Preserve. The approvals included single
family plat, townhouse units, rental apartment units,and two condominium
apartment structures. During the spring and summer of 1973, first phase
units of the townhouse project directly west of site a2 have been started
and are open for inspection. Likewise, the platting and site work for the
single family areas have been completed. Condominium structures are to
begin construction during the summer of 1973 with completion in early
1974. The road location and the units constructed, I believe, indicate the
care that has been taken by the developers to preserve the intenselywooded
character throughout utility and street installation a a well as building
construction. If the entire area is developed with such care for detail, there
is little question that the Basswoods will be a very high quality living
environment. ¢
i
All projects within the Basswoods have been held by the Village upon
recommendation of the Planning Commission and Park 6 Recreation Commission
pending the resolution of the Anderson Lakes Park as it relates to the shore
line bordering the Basswoods and the entire Preserve•. Resolution of the
treatment of the lake edge and wildlife management goals has been resolved
between The Preserve and the Village at this time, and hence the a2 project
is being referred to the Planning Commission for review.
B. Site Plan Analysis:
1. Circulation:
Entrance from Basswoods Road onto the a2 site must be checked in
the field to be sure that proper site distance s will be achieved with
the proposed entrance. Within the a2 site, Village Fire inspector
should examine the detailed plans to assure that emergency vehicle
Staff Planning Report - Basswood a2
Page 2
I
turnaround and access to units is available with the finalized site
plan.
Parking spaces provided are adequate, consistent with the Village
ordinances. However, with the narrow street for Basswoods Road
and the no parking restriction, additional spaces within site a2
maybe necessary for guest parking. More critical is the provision
for recreational vehicle storage within the a2 site. The previously
approved b2 site to the west incorporates recreational vehicle
storage in parking bays off of road systems. The site plan for a2
proposes a similar handling of the recreational vehicle storage
areas. The difference is the b site is basically a long cul-de-sac
whereas the a2 site is a'loopedkarrangement with most units passing
by the same areas. Screening of the recreational vehicle storage
area will be extremely difficult, and will be exposed to more
units within the a2 site. Therefore, alternate location within the
entire Basswoods for joint use of all the various building residents
should be proposed or better screening and location on-site should
be considered.
1
Pedestrian circulation through the a2 site occurs on the north and
west edge by the low wet areas. One of the major Preserve pathways
will pass through the northern area of the site with a greenway node
developed adjacent to Basswoods Road. There should be one surfaced
connection to the a2 units from the Preserve greenway, not necessarily
a series of surfaced pathways surrounding all the units. Perhaps a
small link may be constructed between units 10 and 11 next to the wet
area to the Basswoods greenway. This would enable all units in poor
weather or the winter to use The Preserve quasi-public open space
system via surfaced walkways. Design and development of the
greenway node on site a2 should be an integral part of the a2
development. Likewise, the surfacing and construction of the
pathways as well as development of the open areas should occur as
the a2 units are constructed.
2. jluildiny Orientation: „
Most of the units orient onto extremely fine,closed woodsy areas
The exception would be unit 8, which fronts onto Basswoods Road
approximately 75 ft. from the units. By realigning unit 8 to orient
westerly rather than south to Basswoods Road, a better private area
for the residents could be achieved. This should be investigated.
in more refined site design. Units 9 and 10 occur extremely close
to the wet areas. Unit 10 as indicated would front directly onto
the pending area indicated. It has been suggested since the limited i
open space for playing frisbee, kids throwing a football, etc. exists
within the Basswoods, that some or part of the low wet:areas may be
drained and utilized as grassy open areas within the woods. With
` Staff Planning Report - Basswood a2
Page 3
that in mind, Unit 10 would still be extremely close to this area
and through alternate site plans, shifting of the unit south and west
should be possible. Unit Il orients directly to the future condominium
building, approximatel y 125 feet north, and to The Preserve trail
system_ Reorienting the unit to the ea st to take advantage of the
grade change as well a s the greater views over the wooded area
would seem to produce a more attractive, private environment for
those units. Units 12 and 13 offer the potential for a walkout
basement with excellent views Into a woodsy sloped area.
3. Building Site Work:
The preliminary grading plan showing a levations of each building
would indicate that bui ldinel2 will require approximately 8 ft. of
fill at the basement elevation to construct as presently proposed.
The impact upon the wooded area from the basement with 8 ft. of
fill at a 3 or 4 to 1 slope would extend 24-35 ft. from the structure.
The preservation of any trees adjacent to the structure could not be
accomplished with 8 ft_ of fill. Redesign and location of Unit 12
would seem necessary to accomplish the goals of development within
the Basswoods area.
The sen sitive placement of buildings within the b site as well as the
revised plans for the condominiums should be a model for development
of the a2 site. With Jirn Robin, Landscape Architect, and Schwarz
Associates carefully supervising the structural placement, I'd feel
assured that this would be accomplished. It is a difficu It task to
resolve the requirement s of foundation and building construction with
those of a natural wood s. The development of the low wet areas in
the Basswoods area, or portions of them, as grass play areas provides
two necessary features for the b, d2, and a2 sites. First of all, it
allows greater penetration of light into the forest area. This
makes for a more pleasant living environment. Secondly, it provides
close to the unit a game/fleld space of a very low key nature.
4. Building Design:
The design for the a2 units is basically the same as those currently
being constructed. Their flexibility as well as intimate, personal
spaces offers a high quality living unit, ideally suited for this area,
if well sited.
C. Recommendations:
With some redesign and placem ent of buildings , i believe the a2 site will
excellently complement the b site currently being constructed. With the
relocation of some of the units, I don't believe that reduction in unit numbers
will be required_ However, if some buildings require elimination of a unit
this should be done to complete the plan. I feel this will be a high quality
Staff Planning Report - Basswood a2
Page 4
singly fan.ily attached project, within The Preserve and close to community
facilities such as schools, open space, and recreation areas.
1. Through relocation and redesign of building 12, reduce the necessary
fill and its adverse impact upon the slope and woods.
2. Investigate relocating unit 8, which fronts onto Basswoods Road, to
orient to the west to give greater private open space to each unit.
3. Relocate unit 10, which intrudes upon the low open space area of site a2.
4. Investigate reorienting unit 11 to make better use of the views to the east
rather than north, directly onto the condominium units proposed.
S. Rethink the spaces provided for recreational storage of vehicles within
the a2 site.
6. Submit a detailed plan for the development of the wet areas as well as
The Preserve pathway system and node development within area d2, b,
and a2, at the earliest date or prior to issuance of Building Permits on
site a2.
7. Recom mend rezoning to RM 6.5 for the 24 units proposed within site aZ
of the Basswoods if the above recommendations are satisfied.
DP
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Phone: 933.1144
ITERLEIV HELLE
6138 Arctic Way
Edina,Minnesota 55436
Edina, Minn.
Aug. 14, 1973
To The Village Council of Eden Prairie
1. I do agree with Condor Corp. rezoning request and
layout on the second sheet where 75th street goes
west from Washington Avenue to my property line and
that they dedicate the land and construct a 9 ton
road plus utilities at their cost..
t
2. As compensation for this I am willing and agree that
the village dedicate the 40 feet of 74th street to
Condor Corp. provided that they agree to have a
structural screening on the noth side of their northeast
building of similar kind as across the street.
3. I may also agree to extend the 40 foot strip to the
northwest corner of the Condor property provided I or
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future owner can occupy and drive trucks on said strip
and that no regrading of the temporary road take place
before Condor Corp.. has arranged and made available
for L*r. Hells or the future owner an unobstructed
passage for trucks from Washington Avenub to Helle;s
property line where 75th street is proposed..
4. br. Hells or future owner shall be consulted when the
elevation of 75th street at my property line is
decided upon.
He iev He].la--
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Phone: 933.1144
HERLEIV HELLE
6138 Arctic Way
Edina,Minnesota 55436
To The:
Council of Eden Prairie
Planning Commission
Manager
Planner
Village Planning Commission
Village Staff
Village of Bden Prairie
Administrative Offices
8950 County Road 4
Eden Prairie, Minnesota 55343
Gentlemen:
I am writing you this letter to inform you that my letter of August 14th,
1973 is mull and void". The reason 3.9 as follows:
It was ny opinion that the bridge on County Road#39, crossing County Road
#18 world land the traffic on Washington Avenue. Therefore,i thought that
it was important tale and the other property owners to have aide street go-
ing west from Washington Avenue.
However,according to Mr. R. V. Maculmnsa Report of September 4, 1973, it
shows that the traffic will be led much farther west and that side streets
serving me and the other property, goes north-south,taking off from County
Road #39 and not Washington Avenue. Therefore, 74th Strast will not be
needed by anyone and the strip of lend 400 feet x 40 feet should be given
back to the original owner- Mr.Berleiv Halle and Borghi2d Hale.
If the Condor Corporation or Mrs. Sameways and the Village is interested in f
75th Street to go in, I will not oppose it, but I see no reason to compen-
sate the Condor Corporation by donating land or paying for the street. As
a matter of fact, they should rather compensate as if 75th Street has to be
extended west on my property to the first North- street.
Yours
Herleiv Hello
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9/4/73 Planning Commission
A. Condor Cor ration, request rezoning to 12-PRK for 3G0 feet of land west of
existing 12-PRK zoning adjacent to llashington Avenue in the Smetana Sector.
Property is currently zoned rural and has been excavated. Action: Planning
Commission action on Staff Report dated August 29, 1973, with report to Vil-
lage Council on rezoning request to I2-PRK.
I-or. James Riley, president of Condor, commented on the Commission's delay
in acting on thei r request. He stated that Condor did not feel that their
planning would disturb anything which might be done with the area. Their
neighbors to both the north and south would want irxlustrial zoning as far
back as they are requesting. tie continued by sayin3 that it would not be
economically feasible to build on the first 4G0 feet which is already zoned
industrial.
Because of the need of more detailed examination of the Smetana Sector Study
and in the best interests of the Village, and the area's homeowners and
property owners, PIr. Sorensen made a motion denying the request by Condor
for rezoning until 7 such time as the Smetana Sector Plan is complete and
rescinding the action taken by the Commission on ilaay 1, 1973. The motion
vas seconded by Mrs. Schee. notion carried unanimously.
JT, ,
STAFF PLANNING REPORT
APPLICANT: Condor Corporation
PROJECT: 11 acre industrial development.
REQUEST: 12 -PRK zoning for west 300+ ft. of property from Rural
LOCATION: West of Washington Ave. in the Smetana Lake Sector.
DATE: August 29, 1973
FROM: Richard Putnam, Village PlannerA ,
THROUGH: Robert P. Heinrich, Village Manager
Comment:
The project was first proposed for rezoning with a 3-building scheme with
zoning for the entire 11 acres requested. The Planning Commission
approved rezoning of an additional 100 ft* from the 400 ft. existing as
12-PRK zoning for the construction of the front two buildings.
Land owners in the area raised valid questions at that time about the
platted West 74th Street along the north edge of Condor's parcel, as
well as the orientation of the loading areas. The Council asked the
Staff to begin a sector study of the entire "Golden Triangle"area and
direct attention to the Condor area first.
The Village retais,ed Ray MaculanA, planning consultant, to work with the
Village Staff on the planning in the sector. Preliminary work has been done,
and it is clear that there are different points of view regarding land use
in the Smetana Sector. Two residents near the Condor parcel have
expressed opposition to the industrial proposals for the area. This Is
important, not only because of their personal interest, but from a
planning view,since road upgrading and realignment will affect their homes.
Condor's latest proposal has charged manytlmes due to outside forces:
adjacent land owners, roads, or Village subdivision requirements. The
up-to-date proposal incorporates two large warehousing buildings utilizing
West 74th Street and Washington Avenue for access.
In view of the comprehensive planning program in progress, requested by
the Village Council and Village Planning Commission, any rezonings on the
Condor property should be carefully considered, so as not to prematurely
prejudge the planning of adjacent and related properties.
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Recom mendatlon
Deny the rezoning request for Condor Corporation for I2 Park zoning from
Rural at this time because overall sector planning is not complete.
DP
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MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
TUESDAY, SEPTEMBER 11, 1973 7:30 P.H. VILLAGE HALL
Council Members: I.iayor Paul Redpath , Councilwoman Joan Meyers,
Councilman hioifgang Penzel and Roger Boerger.
Absent was Councilman John McCulloch.
— Council Staff: Village Manager Robert P. Heinrich
Village Attorney Harlan Perbix
Clerk John Frane
I. MINUTES OF REGULAR 14EETIIIG HELD AUGUST 28, I973_.
Page 3, III . E. paragraph 1: typo - explained.
Page 4, III . F. paragraph 2: should reaTF Mr. Penzel felt that
onl individual variances should be granted.... . ...
Page 5,W C: Item C should precede Item A since action was
taken on Item C first.
Page 7, VI. C. 5: Should read: Mr. Heinrich reported that
Minnetonka turned down with regret participation in the
Cooperative study �y a newspaper article. A motion was
made by birs. Meyers seconded by Mr—Penzel to instruct the
Manager to draft a letter to the Nine-Mile Creek Watershed
District requesting them to solicit 14innetonka's financial
help for the Bryant Lake Coopperative Study. Carried.
Renumber pages starting after page 5- i
A motion was made by Hr . Penzel seconded by Mr. Boerger accepting �
the minutes of August 28, 1973, as corrected. Motion carried.
II. PUBLIC HEARINGS:
A. i•iasters Condominiums b tieis Builders in Edenvale, request to
rezone o r or ie construct on of two 6-story condomin-
ium buildings totaling 99 units at 13.4 dwelling units per
acre.
After careful review and consideration of the present proposal,
Hr. Penzel made a motion to continue the public hearing on the
rezoning request until October 9. I973, to all ow the proposal
to meet the requirements of the PUD concept for the site and
the Vil1 age PUD ordi nance. Mr. Boerger seconded. Notion
carried unanimously.
A motion was made by Mr. Penzel seconded by Mrs. Meyers the t
the Village Council reaffirm the commitment to use approved for
the site in the 197D Edenvale PUD. Motion carried unanimously.
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Council Fleeting -2-
September 11. 1973
II. Public Hearings (continued)
B. Presentation of 1974 Annual Budget.
1.1r. Heinrich reported that the Council members had received
the recommended budget on Friday, August 31 and have had two
work sessions to discuss it. Adoption of the budget is anti-
cipated on September 25. Copies of the budget have been
available at the Village Hall and the E. P. library.
Hr. Heinrich stated that the budget has a mill levy up some-
what from 1973. However, coupled with the school district,
taxes for Eden Prairie residents, businesses and industry are
the lowest in the seven county wide area.
A motion was made by Mr. Penzel seconded by Mrs. Meyers to
receive the 1974 annual budget. Motion carried unanimously.
III. PETITIONS REQUESTS AND COHHUNICATIONS
A. Petition from area residents requesting change of speed zone
on County Road 4 north or State Highway 5. 1
The Village has received similar requests for speed reduction
and Mr. Glenn Reinke, an Eden Prairie resident, stated his
objections to the present speed. Mr. Heinrich stated that
there is still room for optimism in spite of the County's
letter of September 6.
A motion was made by Mr. Boerger seconded by Mr. Penzel to re—
ceive and f ile the petition. Motion carried unan imously.
B _ Petition from Gelco requesting extens ion of utili ties to the
Ge co Anderson Lakes site.
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A motion wa s made by Mr. Penzel seconded by Mrs. Meyers to
adopt Resol ution No. 767 requesting the Village Engineer to
prepare a feasibility report for the extension of util i ties
to the Geleo Anderson Lakes site. Mo tion carried unanimously .
C _ Letter dated Se tember 10 1973 from Olympic Hill s regarding
torm ewer ro ect
A motion was made by Mrs _ 'rieyers seconded by Mr. Penzel to re-
ceive and file the Olympic Hills letter of September 10, I973 .
Hotion carried unanimously.
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Council Meeting -3- September 11. 1973
III. Petitions, Requests and Communications ( Continued)
D . Letter from Creative Hous in I nc. da ted September 7, 1973,
offering a $6,000 contribution as a park donation in lieu
of land.
_ Mrs. Neyers asked if plans on the $3400 play area had been
submitted to which Mr. Putnam said that none had been received -
A motion was made by Mrs. Meyers seconded by Mr. Penzel to:
a. accept the $6000 contribution from Creative Housing, Inc -
as a park donation in lieu of 1 and;
b. order publication of Ordinance Flo. 227; and
c. instruct the staff to cost out the play area actually
constructed.
Notion carried unanimously.
IV. RESOLUTIONS AND ORDINANCES
A. Second readi na Ordinance No. 229, for Basswoods Forest rezon—
ing from ura to RI-13.5-
A motion was made by Mr. Penzel seconded by Mrs. Meyers to
approve the second reading of Ordinance No. 229. Motion
carried unanimously.
B. Second reading, Ordinance No. 230 permitting cash contributions
n lieu of landor public park use and open space consistent
with the provisions of 1973 State Statutes.
A motion was made by Mrs. Meyers seconded by Mr. Boerger to
approve the second reading of Ordinance No. 230. Motion
carried unanimously.
C. Second readin Ordinance No. 23I roximatelPrairie
East
Planned
from
Unit Development rec ass y ng approximately 21 acres
Rural to R1-13.5 for 41 single family lots.
A motion was made by lir. Penzel seconded by Mr. Boerger to
approve the second reading of Ordinance No. 231. Carried.
D. Second readin Ordinance No. 232 changing street name of
A� er on oa w t n er on n Addition to Chestnut Drive.
A motion was made by Mr. Boerger seconded by Mrs. Neyers to
approve the second reading of Ordinance No. 232. Idotion
carried unanimously.
Council Meeting "4-
September 11, 1973
IV. Resolutions and Ordinances (continued)
E. Second read in Ordinance No. 233 amending the ordi nances
establishing t e P ann ng Commission, Park and Recreation
Commission, and Human Rights Commission.
sir. Penzel reported that it was the Human Rights Commission's
ion managernpreparetaalessot then to presented torsonthe�high/or the
school
American
can Gwerrtont class with the a pitcsionsthe conclusion asking
for
nts
rve
A motion was made by for . Penzel seconded by
Mr. Boerger amend-
ing Ordinance P1o. 233 by deleting Sections 1 and 2,leaving
only Section 3. Notion carried unanimously.
A motion was made by
Or . Boer er seconded by Mr. Penzel approv—
ing the second reading of Ordinance No. 233. Motion carried.
F . Resolutions for Special Assessment Hearings:
A motion was rude by 14r. Penzel seconded by Mr. Boerger adopt-
ing sessed an
ordeResoution N .inglpreparao on6ofdProposed Assessments.eclaring costs to be asMotion carried
unanimously.
A motion was made by sir. Boerger seconded by Iirs. Meyers
adopting Resolution flo _ 765 calling for a SpecialmAsssessmeent
Hearing on He nes ay, cto er 3, 1973 , at 7:30 p.
Village Hall. i;otion carried unanimously.
V. REPORTS OF OFFICERS BOARDS AND CUMMISSI ON$
A. Reports of Village Eno sneer:
1. Approve final plat of Atherton 3rd Addition.
A motion was made by tor. Penzel seconded by Mrs. Meyers
adopting Resolution No. 766 approving final plat of
Atherton Tr—&-9U_t3 on.
2. Approve final payment to American Contractin Cor .
A motion was made by Hr. Boeryer seconded by Pir. Penzel to
approve final payment to American Contracting Corporation
for Improvement Contract 51-246, Sanitary Sewer Project
72-1-12 (Nine Mile IA Project) in the amount of
$52,581.90 less previous payments and subject
to subcontractors
t of
lien waivers from all materials suppliers
bers11 ,e1973�. maintenance
roll call, all votedbond
ayemmel'lotion5eptem-
carried.
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Council Meeting -5- September 11, 1973
A_ Reports of Village Engineer (Continued)
3. A rove Chan a Order No . 2 and final payment to Peter
Lametti Construct on o for improvement Contract -245,
san tary sewer and watermain laterals for the Westgate area,
Fuller Road, and Lincol n Lane.
A motion was made by Or . Boerger seconded by Mrs. Meyers
approving Change Order llo. 2 and fi nal payment to Peter
Lametti Construction Co . for I.C. 51-245 in the amount of
$311,661.70 less previous payments and subject to receipt
of lien waiver from all materials suppliers and subcontrac-
tors plus one year maintenance warranty bond commencing
September 11, 1973. On ro11 cal 1, all voted aye. Motion
carried.
4. Approve final a moments to Orfei & Sons, Inc. for Improvement
ntracts 51=24 a2 nd ,1=z43, sanitary sewer and wa termain
laterals for Section II (Franklin C ircle, Edenwood Drive,
North and South Hillcrest and Alpine Nay) and for Section
III (Rainbow Drive, Park Terrace Or ive, North and South
Lund and Oak Ridge Road -)
A motion was made by Mr- Penzel seconded by Mr. Boerger to
approve final payments to Orfei & Sons, Inc. for I .C.
51-242 (Section II) in the amount of $713,442.69 and for
I.C. 51-243 (Section III) in the amount of $494,692.71, less
Previous payments and subject to receipt of lien waivers
from all materials suppliers and subcontractors plus one
year maintenance warranty bond commencing September 11, 1973
On roll call, all voted aye. Notion carried.
I. Request from Carl Bolander & Sons Co., grading contractors,
for var anee rom the grading permit for the Eden Prairie
Center allowing work between the hours of 6:00 a.m. to
12:00 midnight rather than 7:00 a.m_ to 10:00 p.m.
A motion was made by Mr. Penzel seconded by Mrs. Meyers to
approve the amendment to the grading permit for the Eden
Prairie Center allowing working hours of 6:00 a.m. to 12:00
midnight as requested in the letter from Carl Bolander &
Sons Co. dated September 6, 1973, for the months of Septem-
ber. October and November, subject to reconsideration if
there are serious compla ants about noise as determi ned by
the Village Manager. No tion carried unanimously.
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B. Reports of Village Hanager:
1. Retention of George H. Hansen Co to conduct 1973 Audit.
A motion was made by Mr. Penzel seconded by Mrs. Meyers
authorizing George il. Hansen Company to conduct the 1973
Audit. riot ion carried unanimously.
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• Counci 1 neeting -6- September 11 , 1973
B. Reports of Village (tanager (continued)
2. Request for authorization to rent cottage on Staring Lake
to Mr. Brian Wilhelm at the monthly rate of $140.
A motion was made by Hrs. Meyers seconded by Mr. Boerger
authorizing the Vi llage Fianager to rent cottage on Staring
Lake to 14r. Brian WiI he,
m on an oral month-to-month basis
at a rate of $140 per month with the tenant to pay for al l
repairs. Motion carried unanimously.
3. Consideration of Bryant Lake dater Quality Analysis _
This item was withdrawn from the agenda_
4. Letter from Eden Prairie Lions Club dated September 5, 1973
enc os ng c ec to purchase signs for protection of
children.
A motion was made by Mr. Penzel seconded by Mrs. Meyers to
receive and file the letter and instruction the staff to
send a letter of commendation thanking the Lions for the
contribution. idotion carried unanimously.
5. Notice of Government Operations Committee Hearing at
Norman a e tate uni6-r—College on September 17, 1973.
IIr. Heinrich urged Counci 1 members to a ttend to voi ce Eden
Prairie's position to the legislators present.
C. Report of Village Clerk:
1. V_11�1a�ge Clerk's Recommended License A lication Li st
dated September Ll,
A motion was made by Mrs _ Meyers seconded by Mr. Penzel
approving License Application List of September 11, 1973.
Notion carried unanimously.
VI. FINANCES:
A. Payment of claims No. 2557 - 2633_.
A motion was made by Mr. Penzel seconded by Mrs. Meyers approv-
ing payment of Claims No. 2557 - 2633. On roll call, all
voted aye. notion carried.
B. Cash and Investment Report.
This item was held over unt it the next meeting so that the
report could reflect the addition of Claim No. 2633.
Meeting adjourned at 9:40 after which a work session was held on
the 1974 budget.
Suzanne K. Lane, Deputy Clerk
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