HomeMy WebLinkAboutCity Council - 12/11/1973 • EDEN PRAIRIE VILLAGE COUNCIL
TUESDAY, DECEMBER 31, )973 7:00 p.m. Village Hall
INVOCATION -- - PLEDGE OF ALLEGIANCE - - - ROLL CALL
COUNCIL MEMBERS: Mayor Paul Redpath, Joan Meyers, John McCulloch,
Wolfgang Penzel, Roger Boerger.
COUNCIL STAFF: Village Manager Robert P. Heinrich, Village Attorney
Harlan Perbix, Clerk John Frane.
AGENDA
I. PUBLIC SAFETY DEPARTMENT SWEARING IN CEREMONIES AND PRESENTATION
OF CERTIFICATES:
A. Introduction and Oath of Office for three new Public Safety Officers:
. Roger Dantelski
2. Robert Tyson
3. James Matson
B. Introduction and Oath of Office for 12 Public Safety Reserve Officers:
. Robert Anderson 5. Leroy Lobspein 9. Gerald Steelman
2. Michael Best 6. James Oldsberg )0. Harlan Swanson
3. Don Frankland 7. James Potter 1). David Thompson
4. Gino Gori 8. Stephen Shea 12. Weida mer vWalz
C. Presentation of Certificates to Interested Citizens, Industries and
Businesses that have made contributions to the Public Safety Department
to assure a first year's successful operation. (List of Donors will be
available at the Council Meeting).
II. MINUTES OF REGULAR MEETING HELD NOVEMBER 27, 1973.
III- PUBLIC HEARINGS:
A. For the purpose of considering an application for an On-Sale Liquor
License by the Brem Corporation for a facility to be named the Eden House
Supper Club at 6534 Flying Cloud Drive. (Copy of application distributed
November 28, 1973 & copy of inspection Department's report attached)
Action: No action is anticipated on this application until or after the first
Regular Meeting of the Village Council in January.
B. Gelco Corporation. Consideration of request for approval of rezoning from
:5-Park to OFC-Office for the 8 acre development site for corporate office
development and the zoning of approximately)2 acres open space to
PUB-Public. (12/4/73 Planning Commission Minutes 4 3 31/26/73 Staff
Report attached)
Action: First reading of Ordinance No.242 approving rezoning from I5-Park to
OFC-Office for 18 acre development site for corporate office develop-
ment and zoning of approximately 12 acres open space to PUB•Public.
in conformance with the Planned Unit Development approved on
July 10, 1973, with specific recommendations, and with recommen-
dations specified in the 12/4/73 Minutes of the Eden Prairie Planning
Commission.
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Council Agenda -2- December 11, 1973
IV. PETIT IONE, REQUEST &COMMUNICATIONS
A. Report from the Eden Prairie Board of Education dated November 30, 1973 ,
regarding the School District's Plan for Conserving Energy and Closing of
Schools in case of Fuel Shortages. (attached)
Action: Motion to receive and file,
B. Letter from Riley-Purgatory Creek Watershed District dated 11/28/73.(ftt.)
Action: Refer to Park &Recreation Commission for review and recommendation.
C. Letter from Mr. Si Mrs. Pat Casey, 17308 Padons Drive. (Attached)
- Action: Motion to receive and file,
D. Letter from The Preserve dated December 4, 1973, indicating Intention to
file an application for a liquor license. (Attached)
Action: Motion to receive and file.
V. RESOLUTIONS &ORDINANCES:
A. First reading, Ordinance No.293, amending Ordinance No. 202 relating
to licensing and regulation the use and sale of intoxicating liquor and
providing penalty for the violation thereof. (Attached)
Action: Motion approving First Reading of Ordinance No. 243 .
VI. REPORTS OF OFFICERS, BOARD' S COMMIES'_ONc:
A. Report of Mayor regarding Suburban Leag Lae of Municipalities meeting on
Thursday evening, December 13th, and proposed policy paper on the
Metropolitan Council. (Proposed policy paper attached)
Action:
B. Reports of Village Engineer:
1. Approve Final Plat of Hidden Ponds, (Engr. Report & Resolution att.)
Action: Motion adopting Re solution No. 7 86 approving the Final Plat of
Hidden Ponds.
2. Approve the correction of a lot line bearing on the plat of Atherton 3rd
Addition. (Letter and Certificate of Correction attached)
Action: Motion approving Surveyors Certificate of Correction to the Plat
of Atherton 3rd Addition.
3. Accept utilities, storm newer and streets within The Preserve which
have been completed to Village Standards. (Letter attached)
Action: Motion upon recommendation of Village Engineer accepting for con-
tinuous maintenance subject to a one year warranty commencing
November 26, 1973 , the sanitary sewer, watermains;storm sewer
and street surfacing within The Preserve as identified on
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Council Agenda -3- December )1, 1973
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VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (CONT.!
B. Reports of Village Engineer(cont.)
our half-section maps dated 12/3/73 on file with the Village.
Engineer; and also placing on file a letter from The Preserve
dated 12/6/73 wherein The Preserve Association agrees to main-
tain center cul—de-sac islands and also all constructed storm
sewer ponds within The Preserve P.U.D.
4. Designate new Municipal State Aid Street. (Resolution attached)
Action: Motion adopting Resolution No. 787 designating future Dell Road
extension from T.H. 5 to the north Village limits at T.H. 101
as M.S.A.S. 108-010.
5. Approve agreement form for Consultant Engineering Services during
1974 . (Agreement form attached)
Action: Motion approving form of agreement for Consultant Engineering
Services during 1974 dated December 11, 1973, for use with
Brauer &Associates,Inc., and Rieke, Carroll, Muller Associates.
6. Approve Change Order No. 1 for Improvement Contract 51-256, Chris
Construction Co. (Copy of Change Order No. 1 attached)
Action: Motion approving Change Order No. 1 for '.mprovement Contract
51-256 in the amount of$688.10.
7. Approve Final Payments to Contractors:
Final Contract Amount
McDonald & Assoc. WFR 71-8-29 $324,586.60
Northern Contracting Co. '.0. 51-248 285,030./1
Oriel. & Sons, Inc. !.C. 51- 723-890.62
Northdale Constr. Co.,Inc. I.C. 51- 143,707.40
Action: Notion upon recommendation of Village Engineer and subject to
a one-year warranty of all materials and workmanship com-
mencing December 11, 1973, that final payments, less all
previous payments respectively be approved.
C. Reports of City Manager:
1. Consideration of Administrative Reorganization Plan. (Report was
distributed November 27, 1973.)
Action: Notion approving Administrative Reorganization Plan as outlined
in Village Manager's report dated 11/27/73.
2. Report of meeting with industries and property owners at office of MIS
on December 5, 1973,regarding traffic and safety conditions on T.11.5.
(Attached material di stributed at 12/5/73 meeting.
Action: Notion authorizing Village Engineer to prepare an engineering
f
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Council Agenda -4- December 1), )973
VI. REPORTS OF OFFICERS, 80ARD. Sc COMMISSIONS (CONT.)
C. Reports of Village Marraer(cont.)
3. Animal Control Contract for )974 with Metropolitan Animal Patrol
Service, inc. (Copy of contract attached)
Action: Motion authorizing Village to enter into an agreement with Metro-
politan Animal Patrol Service, nc. for animal control services
for 1974.
4. Discussion of November monthly report of inspections Department
activity. (Copy attached)
Action:
S. Cooperative Agreement between Village of Eden Prairie and Hennepin
County Department of Public Works for the purpose of receiving
$23,000 from the County for the acquisition of lands around Staringlde.
Action: Motion authorizing Mayor and Village Manager to enter into the
contract.
6. Approval of modification of earlier aareement between Village of Eden
Prairie and the Nine Nile Creek Watershed District to the extent that
the projected three year study of the Bryant Lake area will commence
initially with a one year study at a cost of not to exceed $8,000,
with $4,000 of the cost to be borne by the District and$4,000 of the
cost to be borne by the Village of Eden Prairie. (Copy of letter from
Nine Mile Creek Watershed District dated November 26, 1973, att.)
Action: Motion authorizing modification of earlier agreement.
D. Reports of Park Sc Recreation Director:
]. Recommendation of the Park and Recreation Commission to solicit
cooperative and financial support from the Lower Minnesota River
Watershed District in the acquisition of certain lands for the purpose
of protecting the river bluffs.
Action: Motion requesting Lower Minnesota River Watershed District•s
cooperation and financial participation in the protection of
certain lands along the Minnesota River.
2. Recommendation of Park and Recreation Commission to approve
certain site planning services on school grounds.
Action:
E. Report of Village Clerk;
1. Village Clerk's recommended License Application List dated
12/13/73. (Attached)
Action: Motion approving License Application List.
Council Agenda -5- Dec ember 11, 1973
VI I. F lNANCES:
A. Payment of Claims No. 3102 - 3220. (Attached)
Action: Motion approving Payment of Claims No. 3102 - 3220.
B. Cash Sr Investment Report. (Attached)
Action: Motion accepting Cash and investment Report dated)2/11/73.
VIII, ADTOURNMENT.
Motion to adjourn meeting to Wednesday, December 12, 1973, at p.m.
for the purpose of establishing 1974 Employee Compensation Levels.
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THE SECOND REGULAR MEET'.NG 'N DECEMBER WILL BE
FALLING ON CHRIS'TMAC DAY: THEREFORE, A SHORT
MEETING WILL BE HELD WEDNESDAY, DECEMBER 26, 1973.
FiINUTES
EDEN PRAIRIE VILLAGE COUNCIL
TUESDAY. NOVEMBER 27, 1973 7:30 P.M. VILLAGE HALL
Council Members: Mayor Paul Redpath. Joan Meyers. John McCul loch,
Wolfgang Penzel, Roger Boerger
Council Staff: Village Manager Robert P. Heinrich Village Attorney Harlan Perbix
I.i•1INUTES OF REGULAR METING HELD NOVEMBER 13, 1973.
Page 1, Section I, Dctober 23. 1973 Minutes, should read: A motion
was made by Mr. Penzel seconded by hirs. Meyers to accept.. ....
Page 2, Section IV, B. paragraph 1, last sentence should read :
spaces servicing the recreational building.
Page 4, Section VI, A. spelling correction of i1r- Boerger's name.
Page 7, Section VII. b. 4, last sentence should read: The utility
billing should be on line in December. . ....
Section VIII, C. paragraph 2, 4th line, dat
es should read:
Page 9, p g P
December 2-6.
The motion was made by sir. Boerger seconded by Mr. Penzel to accept
the Minutes of November 13, 1973, as corrected. Motion carried
with Hrs. Meyers. Messrs. McCul loch, Boerger and Penzel voting aye.
II.PUDLIC HEARINGS (Delayed until 8:30 p.m.)
A. Masters Condominiums by Weis Builders in Edenvale, request to
rezone to Rif 2.3 for construction iTtwo six-story condominium
buildings totaling 99 units at 13.4 dwelling units per acre.
Mr. Dick Putnam, Village Planner, explained the background of
Weis Builders' request with presentations before both the Plan-
ning Commissi on and Council. The first concept presented of two
six-story buildings received positive staff reacti on but nega-
tive Commission reaction. The second two three-story structure
concept received negative reactions from both the Staff and
Commission. A meeting with neighborhood residents was held
November 17, 1973, wi th favorable comments made regarding the
six-story concept.
Hr. Peterson. President of Eden Land Corporat ion, requested that
the Council take into consideration the affirmative responses of
the citi zens to the six-story concept. He stated that Eden Land
would be assessed for between $600,000 and $800,000 for the ring
route--a road they could build cheaper themselves. If highrise
buildings cannot be built outside the major center area and Eden
Land cannot develop to the densi ties approved . then, Mr. Peter-
son stated, that we don't feel the ring route can be a benefit
to Edenvale or to the residents of Edenvale.
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Council Meeting -2- November 27 , 1973
II.A. Mastors Condominiums (Continued)
Becau se the policy decision of the Council was to 1 imit hi ghrise
struc tures to the NCA, Mrs. Meyers made a motion to proceed with
the public hearing based on the consideration of the alternate
three-story devel opment proposal concept of Weis Builders rezon-
ing request. Mr. IicCulloch seconded. This motion was passed
unani musty after a discussion period during which the Council
was familiarized with the three—story concept and acquainted with
the differences between the two proposals submitted by Wei s
Builders.
A motion was made by Mrs. Meyers seconded by Mr. McCulloch approv
ing the first reading of Ordinance No. 241 approving rezoning to
RM 2. 5 for the construction of two three-story condominiums
total ing 96 units maximum by Weis Builders. On roll call, Mrs.
Meyers and Messrs. Boerger, McCulloch, Penzel and Redpath voted
aye. Motion carri ed.
A mot ion was made by Mr. Penzel seconded by Mrs. Meyers to refer
the I-tasters Condominium proposal to the Village Attorney and
Manager for the preparation of a development contract to be
executed between the Village and the developer prier to the
second reading of Ordinance No. 241. Motion carried unanimously.
B. Village Woods by Zachman Homes Inc. request for clustered zero
lot 1 me housing for 70 home sites, rezoning from District Rural
toRM6.5.
This item was removed from the agenda prior to the Council Meet-
ing.
IIIPETITIONS, REQUESTS ANO COMPIUNICATIONS:
A. Or. J. H. Wright of Wright Animal Hospital, 6608 Flying Cl oud
Orive, requests to be heard regarding signs advertising hi s
busi ness.
Dr. Wright's presentation was twofold. First, he wished the Vil-
lage to be aware of the inconsideration shown the residents in
the 169-212 construction area. The Highway Department, he said,
did not abide by the Administrative Procedures Act which pre-
scribes that residents be given notice of detours. Five such
detours were routed since the summer of 1971 none of which he was
made aware.
Secondly, he wished the Council to know of his desire to place a
directional sign on his property. The Village Staff did grant
the use of a temporary sign until the work on the signing ordi-
nance is completed, but it is not adequate. Dr. Wright stated
that sign experts have informed him that a 6 x 10 sign would be
requi red because of the speed of traffic on the highway from
which it would be viewed. He compared his request to the signs
already erected by the highway departments and large billboards
located in the Village.
Council Heeting -3— November 27, 1973
III.A. Dr. J. H. Wright of llriyht Animal Hospital (Continued)
A motion was made by Mr. Penzel seconded by Firs. Heyers refer-
ring Dr. Wright's sign request to the Staff for further research
and urging the Staff to complete work on the sign ordinance with
all due haste. liotion carried unanimously .
Mr. Heinrich stated that Dr. Wright could either appear before
the Zoning Board of Adjustments or wait for the approval of the _
sign ordinance.
B. Physical Electronics Industries Inc. , 7317 South Washington
Avenue, Edina: Dr. R.E. feber, President, request of the ill-
lage of Eden Prairie to issue Municipal Industrial Development
Bonds for the construction of a light indu stry facility to be
located on Flying Cloud Drive west of Research, Inc.
Dr. Weber outlined Physical Electronics' request as stated in
their letter of November 20, 1973. Statements of the income and
cash flow effects of the expansion project as well as of their
sales and personnel growth rates over the last five years were
distributed.
Mrs. Meyers informed Dr. Weber of the sector study presently be-
ing conducted in that Smetana area and the possible placement of
a road between Flying Cloud Drive and Shady Oak Road. This road
placement is flexible and conceptual but should be consi dered in
Physical Electronics' plans, she said.
Mr. Heinrich stated that Mr. Frane has completed his review and
the Staff recommends that the Council adopt a resolution of
intent.
A motion was made by IIr. Penzel seconded by Fir. Boerger adopting
Reso 1 ution No. 785 givi ng pre I i winery approval to a proj ect
under the Ilunicipa1 Industrial Devel opment Act, referring the
proposal to the Department of Economic Development for approval,
authorizing preparation of necessary documents and expenditures
in anticipation of the issuance of the bonds in the approximate
amount of $940,000. On roll call, hrs. Meyers and Messrs. Pen-
zel, Boerger, McCulloch and Red path voted aye. Motion carried.
C. Consideration of Olympic Hills Golf Club as possible municipal
course.
Mr. Heinrich reported that the Council and Council-elect had
been invited to a dinner at the Club where they were shown the
fact 1 ities and informed of the availability of the course for
municipal ownershi p.
A motion was made by Mr. Penzel seconded by Mr. Boerger instruc-
ting the Staff to investigate the possible methods of financing
the purchase of Olympic Hills Golf Club to be used as a Munici-
pal course. Motion carried unanimously.
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Council fleeting —4- November 27, 1973
III.PETITINS, REQUESTS AND COMMUNICATIONS (Continued)
D. Request of Lake Regg�ion flutual Aid Association for Eden Prairie's
share in the acquisition of a (like missile site at St. Boni-
facius.
A motion was made by Hr. Penzel seconded by fir. McCulloch to
authorize the expenditure of $500 as a 1974 share in the acqui-
sition and conversion of the Nike missile site for fire training
purposes. On roll call, Mrs . Meyers and Messrs. Penzel, Boerger,
and McCulloch voted aye. iiotion carried.
1V.RESOLUTIONS AND ORDINANCES:
A. Second reading Ordinance No. 237, approving rezoning of 12
single family lots from District Rural to R1-13.5 for Hustad
Development Corporation's Prairie East subdivision.
A motion approvi ng the second reading of Ordinance No. 237,
approving rezoni ng of 12 single family lots from District Rural
to R1-13.5 for Hustad Development Corporation's Prairie East
subdivision was made by fir. Penzel seconded by Mr. McCulloch.
Motion carried with Mrs. Meyers and Messrs. Penzel, McCulloch,
and Boerger voti ng aye.
B. Second reading Ordinance ilo. 238, approving rezoning of 12.7
acres to Rif 2.5 in conformance with amended P.U.D. 73-03 for
Anderson Lakes Condominiums for McGlynn-Garmaker Company.
A motion was made by fir. Penzel seconded by Hr. licCull och to de-
lay action on the second reading of Ordinance Ho. 238 until the
December 11, 1973, Council meeting. Notion carried with Mrs.
ileyers and i-iessrs. Penzel, McCulloch, and Boerger voting aye.
V.REPORTS OF OFFICERS, 30ARDS AND COilMISSIONS:
A. Report of Counci lean Wolf Penzel on the activities of the South
Hennepin Human Services Planning Board.
It was reported by rir. Penzel that primari ly three topics had
been discussed one of which was the County's budget al location
of approximately $76,185 for the South Hennepin Services Planning
Board.
Another was the intent of changing the board's name to South
Hennepin Human Services Council. The change is desired since
the function of the board has changed from that of planning to
that of providing services in the areas of family and youth coun-
sel l ing.
The third topic under discussion was how to obtain proposals from
agencies in our County area. A subcommittee was formed of four
to seven members of the 8oard to formulate requests for proposals.
Counci 1 Meeting —5- November 27, 1973
V.A. Report of Counci lean liolf Penzel (Continued)
From the meeting came the request for a motion from the Council
to change the name of the Board.
A motion was made by lir. Penzel seconded by Mr. McCulloch to
approve the name change of the South Hennepin Human Services
Planning Board to South Hennepin Human Services Council. Motion
carried with Mrs. Meyers and Messrs. Boerger, Penzel and McCul-
1 oc h voting aye.
B. Report of Counci lean Roger Boerger on the Proposed Toll Bridge
Authority Legislation.
Mr. Boerger reported on his November 14, 1973, meeting with the
House Government Operations Committee. He stated that a motion,
in essence, was passed granting veto power to any of the communi-
ties directly involved in the construction of the toll bridge.
The Council was urged by Mr. Boerger to stay on top of what is
taking place in regard to the bridge and indicated that Mr. Harbek,
Corridor Chairman, was to have arranged a meeting within the week
but as yet no communication has been received.
Discussion ensued as to the plausibility of reaffirming the Vil-
lage's verbal commitment. It was decided that the members of the
Council would take the next two weeks to mull over the situation
and discuss what action should be taken at the December 11 meet-
ing.
C. Reports of the Village Engineer:
1. Approve Change Order Ho. 3 for Improvement Contract No. 51-24S
ilorthdale Construction Co., Inc.
A motion was made by Mr. Penzel seconded by Mr. McCulloch loch to
approve Change Order No. 3, Improvement Contract No. 51-249 in
the amount of $B60. Mrs. ileyers, and Messrs. Boerger, Penzel,
and I4cCulloch voted aye on roll call. I-lotion carried.
2. Approve Change Order No. 1 for Improvement Contract No. 51-253,
'Northern Contracting Co.
The motion approving Change Order No. 1 , Improvement Contract
No. 51-253 in the amount of $6,075.70 was made by lir. Penzel
seconded by Mr. Boerger. The motion carried with Mrs . Meyers
and ilessrs. Boerger, Penzel and McCulloch voting aye on roll
call .
It was suggested by Mr. Penzel that the additional cost be
spread over the entire assessment district served by the sewer
and water installation when the area is assessed in 1974.
Council fleeting -6- November 27, 1973
V.C. Re ports of the Village Engineer (Continued)
3. Ap'rove Change Order No. 1 for Improvement Contract No.
5154, Scan Construction Company.
A motion was made by Mr. Boerger seconded by Hr. Penzel to
approve Change Order No. 1, Improvement Contract No. 51-254
in the amount of $1,800 deduction. Motion carried unanimously
4. Accept streets and utilities in Registered Land Survey No.
664--T•larren Shultz property south of Kurtz Lane and east of
county Road 4. (Continued from November 13, 1973 Council
Meeting).
A motion was made to refer back to the Staff for further study
the question of acceptance of the streets and uti 1 i ties in
Registered Land Survey No. 664--Warren Shultz property. The
motion authored by Mr. Penzel seconded by Mr. Boerger carried
when Mrs. Meyers and i•lessrs. Boerger, McCulloch and Penzel
voted aye.
D. Reports of Vil l age Manager:
1. Appl ication for on-sale 1 iquor license for the Eden House
Supper Club by Brem Corporation.
Hr. Heinrich stated that according to the ordinance adopted
in February, published notice is required for a public hear-
ing on liquor license applications. Public Safety Director,
Jack Hacking, has completed his report with no derrogatory
comments.
A motion was made by Mr. Penzel seconded by Mr. McCulloch set-
ting December 11, 1973, for a public hearing for the purpose
of giving opportunity to any person to be heard for or against
the granting of an on-sale liquor license to Brem at the
premises of Eden House. Motion carried with Mrs. Meyers and
Messrs. Boerger, McCulloch and Penzel voting aye.
At this point in the meeting Mr. Perbi x, Village Attorney,
introduced the amendment to the existing Ordinance No, 202--
an amendment providing for the licensing of anyone who works
in an establishment that has a liquor license. Cop ies will
be made for the Council members' study.
2. Consideration of creation of Departments of Communi ty Develop-
ment and Community Services.
Mr. Heinrich highlighted his November 27, 1973, memo to the
Mayor and Council Members which included the basic goals of
the Village. The responsibilities were explained as well as
the departments' relationships to the f•ianager and Council .
The reorganization would bring about the creation of two new
departments--one of Community Development and one of Community
Servi ces.
Council fleeting -7- November 27 , 1973
V.D. Reports of Village Manager (Conti nued)
2. Consideration of Creation of Departments of Community Develop-
ment and Community Services (Continued)
A motion was made by Mr. Penzel seconded by Mr. McCulloch to
del ay action until the December 11, 1973, meeting to al low
Council members to consider the reorganization. Motion car-
ried unanimously. —
3. A roval re uested for land ac uisition of two homes in the
in ou to area Leona oa
Mr. Chambers explained his memo of November 15, 1973.
A motion was made by Mr. Penzel seconded by Mr. McCulloch to
authorize the preparation of purchase agreements for the
acquisition of the Mr. Jesse Schwartz property, Auditors Sub.
335 and the Mrs. Frank Schwartz property, Lot 4 Block 1 Leona
Second Addition. On roll call , all voted aye. Motion car-
ried.
4. Work Session Scheduling.
A motion was made by Mr. Boerger seconded by Mr. Penzel to
schedule a work session for Thursday. November 29, at 5 P.M.
Among items to be discussed are the amendment to the 1 iquor
Ordinance No. 202 and the Village organizational changes.
Motion carried with Mrs. Meyers, Messrs. Penzel , Boerger, and
McCulloch voting aye.
E. Report of the Mayor:
1. Major Center Area Task Force.
lir. Putnam's memo dated November 14 stating the makeup and
duties of the Major Center Area Task Force was discussed.
A motion was made by Mr. Boerger seconded by Mrs. Meyers to
approve of the continuation of the MCA Task Force as outlined
in Mr. Putnam's memo of November 14, 1973, except to delete
Section 4 and add: Recommendations for nominations should in-
cl ude citizens, advisory commi ssion members, property owners,
developers, Counci'. members, consultants, and staff. Motion
carried unanimously.
A motion was made by Mrs. Meyers seconded by Mr. Penzel re-
questing the issuance of a memo to all the possible nominees
as well as the news media, informing them of the conti nuation
of the MCA Task Force with complete descriptions of its
function and responsibility. This information is also to be
included in the next Village news letter. Motion carried
una nimously.
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Council Meeting -8- November 27, 1973
V.F. Report of the Village Clerk:
1. Village Clerk's Recommended License Application List dated
November 27, 1-973.
A motion was made by Mr. Boerger seconded by Mr. Penzel to
approve the License Application List of November 27, 1973.
Motion carried unanimously.
VI.FINANCES:
Payment of Claims No. 2985 - 3101.
A motion was made by Mr. Penzel seconded by Mr. McCulloch approving
the payment of Claims No. 2985 - 3101. On roll call , all voted
aye. Notion carried.
Mr. Penzel requested a compilation of expenses incurred on Public
Safety Vehicles during the year 1973.
The meeting adjourned at 11 P.M.
Suzanne K.Lane, Deputy Clerk
TO: Mr. Robert P. Heinrich, Village Manager
FROM: Ed Sherman, Fire/Building Inspector
SUBJECT: Eden House, 6534 Flying Cloud Drive
Occupancy: Assembly Bui lding - Restaurant Bar
Group: B-3 —
Floor Area: 1st floor assembly - 2178 square feet at 15 square feet per
occupant, load 145.
Basement area assembly - 1840 square feet at 15 square feet
per occupant, load 122.
The following is a list of the deficiencies found during the inspection
of the above referenced property.
First Floor.
1. PosInufficrtableiextinguishersfire installedgui inshers in the the kitchen areahen.adjacentAto01cooking
equipment shall include a alkaline dry chemical type (sodium bicarbonate
or potassium bicarbonate base) having a rating of at least 20 BC.
2. he fgtinir lfat
fryers.
NFPA
O
33.
e operationof any exguishngsystem shalautomaticallyshut off
all sources of fuel and heat to all equipment protected by an extinguishing
system.
3. Improperly serviced fire protection equipment. NFPA 1121. An inspection
and servicing of the fire extinguishing system by properly trained and
qual ified persons shall be made at least every six months. Certificate
of inspection and maintenance performed shall be forwarded to the Fire
Inspector.
4. Improperly spaced deep fat fryers from surface flame. NFPA 1212(b).
All fat fryers should be installed with at least a 16 inch space between
the fryer and surface flames from adjacent cooking equipment.
5. Improperly mounted fire extinguishers. NFPA 1131.. Extinguishers having.
a gross weight not exceeding 40 pounds shall be installed so that the
top of the extingui sher is not more than 5 feet above the floor. Ex-
so
installedrs that the top ofstheiextiht nguisher than
not mere than shall
3► feet
above the floor. Where they may be used by women,consideration shall
be
shal1vthn etclearance betwe eenttheubottomaot fathe extinguishersna d cthee
floor be less than 4 inches.
6. Rodent poison in kitchen area is prohibited.
7. shal wired
(1)dasiahts in substitutege forrea. NEC the fixed400-4.wiring of Flexible a structure;
(2) where run through holes in walls, ceilings or floors; (3) where run
through doorways, windows, or simi lar openings; (4) where attached to
building surfaces; (5)where concealed behind building walls, ceilings
or floors.
8. used only inpcontinuousilenghtsdwithout4splice or tap.
cord shall be
Memo to Mr. Robert P. Heinrich
Page Two
9. Electrical junction boxes not covered. NEC 370-18(c). All junction
boxes shall be provided with covers approved for the purpose.
10. Handrails on stairways insufficient and improper. UBC Section 3305(i).
Stairways 'shall have handrails on each side, handrai 1 s shalt be pl aced
not less than 30 inches nor more than 34 inches above the nosing of
treads, and ends of handrails shall be returned to the wall, or shall
terminate in newel posts or safety terminals.
11. Ventilation insufficient. UBC Section 605. All portions of Group B
Occupancies customarily used by human.beings shall be provided with
1 ight and ventilation by means of windows or skylights with an area not
1 ess than one-eighth of the total floor area, one half of which shall
be openable, or shall be provided with artificial light and a mechanically
operated ventilation system. The mechanically operated ventilating
system shall supply a minimum of five cubic feet per minute of outside
air with a total circulated of not less than 15 cubic feet per minute
per occupant in all portions of the building and such system shall be
kept continuously in operation during such time as the building is oc-
cupied. If the velocity of the air at the register exceeds 10 feet
per second, the register shall be placed more than 8 feet above the
floor directly beneath.
12. Improper hardware on exit doors. NFPA 8-1261. An exit door from an
assembly occupancy shall not be provided with a latch or lock unless
it is panic hardware.
13. Insufficient exit signs. UBC Section 3312(b). At every required exit
doorway, and wherever otherwise required to ci early indicate the direction
of egress, an exit sign with letters at least five inches (5") high
shall be provided from all areas.
14. Exit illumination required. UBC Section 3312(a). Exits shall be illum-
inated at anytime the building is occupied with light having an intensity
of not less than one-foot candle at floor level.
Basement
1. Mechanical rooms not properly separated. UBC Section 708. Every room
containing a boiler or a central heating plant shall be separated from
the rest of the building by not less than a One-Hour Fire Resistive
Occupancy Separation.
2. Unused openings in electric service panel. NEC 373-4. Unused openings
in cabinets shall be effectively closed to afford protection substantially
equivalent to that of the wall of the cabinet.
3. Exposed unused wires shall be removed or covered.
4. Furnace covers not installed. Furnace covers are part of the tested
assembly and must remain in pl ace.
5. Combustible storage under stairway. UBC Section 3308(f). There shall
be no enclosed usable space under stairways in an exit enclosure, nor
shall the open space under such stairways be used for any purpose.
6. Improper hardware on exit doors (See 112, 1st floor deficiencies.)
7. Insufficient exit signs (See #13, 1st floor deficiencies.)
8. Exit illumination required (See #14, 1st floor deficiencies.)
9. Lampcord electrical extention cords (See #7, 1st floor deficiencies.)
10. Compressed gas (CO ) cylinders shall be chained to the wall to prevent
them from falling.
,i• Memo to Mr. Robert P. Heinrich
Page Three
11. Exposed electrical wires on compressors and control panels. (See
• 4/9, 1st floor deficiencies.)
12. Improper amount of fire extinguishers. NFPA 10. Fire extinguishers
shall be installed outside mechanical room and all other locations to
provide extinguishers within a 50 foot travel distance.
13. Change in floor level for the required second means of egress. UBC
Section 3303. The floor or landing shall be level or not more than r—
two inches lower in exit ways. Provide a ramp at this area.
12-5-73
•
•
•
•
•
•
12/4/73 Planning Commission Meeting
•
A. Gelco Corperatlon. Requesting development stage and rezoning from
P.U.D. 73-08 in the M.C.A. Planned Unit Development to Office and
Public. The site is located south of 494 and north of Anderson Lakes on
approximately 30 acres of land.
Mr. Jack Bell from Gelco Corporation was available to answer questions
that arose. The Staff Report dated November 26, 1973, was discussed
which dealt with the treatment of the site, traffic problems on West 78th
St., and the use and treatment of the lake shore edge. Also,the question
of further parking was asked of Mr. Bell. He indicated that Gelco would
expand their parking only in the parking areas defined in the 1st Phase
through parking structures.
The Planner, quoting from the Staff Report, described this project as:
"Gelco Corporation and the architects, Parker Klein Associates, have pro—
duced a truly unique office environment that should be an excellent
example and credit to the Major Center Area of Eden Prairie and to Gelco-"
Mr. Brown moved, seconded by Schee, to recommend that Gecco Corp. be
given development stage approval for the 18 acre corporate office develop—
ment and approximately 12 acre public open space in conformance with the
Major Center Area Planned Unit Development. The rezoning from I5-Park
to OFC-Office for the 18 ecre development site and the zoning of the
approximately 12 acres open space to PUB—Public is contingent upon the
following specific recommendations:
I. that a satisfactory control between the wildlife areas and urban areas
be accomplished to the satisfaction of the staff and Park&Recreation
Commission.
2. that the site treatment and development of the meadow should be con—
sistent with the natural areas surrounding and that specific site design
should be cleared through Park and Recreation staff.
3. there should be minimal alteration of the delicate balance between
ground water recharge and runoff with the creation of settling ponds
that should not alter the existing balance.
4. Any alteration of the areas within the public dedication should be
approved by the staff and Park &Recreation Commission.
5. that separate construction drawings are prepared and bid for erosion
control during and after construction, acceptable to the Village Engi—
neering Department and watershed districts.
6. that detailed grading and tree cutting plans be submitted to the Village
staff prior to construction, so that every possible alternative may be
explored to maintain the forest character.
7. that a maximum of 300 parking spaces be provided for the 1st Phase of
construction and a maximum of 700 spaces be provided for the total
site development. By approving these maximums, this varies from the
requirements in the Village parking ordinance today.
8. that 230 et-grade parking spaces be provided in the 1st Phase and that
subsequent parking areas be provided under the new structure or thru
decking of the 1st Phase was to accommodate the ultimate 700
vehicles. More than doubling the parking spaces at grade is not
considered in this approval. D
al
f
9. that Gelco provide a coordinated pedestrian system and transit (bus)
station facility if plans can be worked out with the MTC.
10. de sign a second entrance to the parking area on the west side con-
necting with West 78th Street.
11. provide all health , safety, and fire access requirements under the
terms of the Uniform Building Code, subject to the approval of the
Village Building and Fire Inspection Department.
12. strongly encourage Gelco Corporation to develop alternate ways to
accommodate the work trip through car pooling. mini—vans, etc.and
coordinate these plans with those of other businesses in the ccmmiritty.
13. recommend the choice of exterior curtain wall nnateriat be of a tone
which blends into and complements the natural features of the area.
Motion passed unanimously.
PLANNING STAFF REPORT
DATE: November 26, 1973
APPLICANT: Gelco Corporation, Hopkins, Minnesota
REQUEST: Development Stage and Rezoning to Office and Public Park consistent
with the M.C.A. P.U.D.
LOCATION: South of 494 in the Bren's'IVoods a el, north edge of Anderson Lakes
FROM: Richard Putnam, Village Plannern4
THRU: Robert P. Heinrich, Village Manager
REFER TO: Staff Report dated July 3, 1973;Planning Commission Meeting July 3,
1973; Park& Recreation Commission Meeting June 25, 1973;Brochure
submitted for P.U.D. approval;and recently submitted Development
State Proposal November 12, 1973
Outline:
1. Reference to July 3rd Staff Report for P.U.D. submission.
2. Evaluation of Development Stage Submission related to P.U.D.requirements.
3. Park& Recreation Commission recommendations.
4. Site treatment.
5. Recommendations.
1. Concerns of July 3rd Planning Staff Report.
The issues and recommendations which follow summarize the recommendations
made by the Planning Commission and Council for the treatment of the Gelco site.
They are listed on pages 6, 7, and 8 of the July 3rd Staff Report and listed as
follows: -
�a. Site use •
1. Recommend the use for corporate office fur Gelco Corp. of first
phase size of 95,000 gross sq.ft. with second phase expansion
to a maximum 160,000 gross sq.ft. and maximum parking for 700
automobiles at full development.
b. Building treatment
1. Encourage the use of a medium rise (4-6 story) structure minimizing
the ground coverage sited in such a fashion to minimize the impact
upon the Anderson Lakes area.
2. Encourage the use of staggered facade and curtain-wall construction
to blend the facade with the natural surroundings.
3. Orientation of the structure in such a fashion as to minimize the
encroachment upon the wooded area and the visual massiveness as
viewed from the lake.
c. Park land, size and location
1. That the protection of the lake edge be assured through deeding
and public dedication to a distance back which is agreed upon by
the developer and Village, which follows the natural terrain.
2. That 6.7 acre marsh be reserved for wildlife habitat and open space
use for perpetuity either through deed or dedication to the public
with restrictions upon use as natural, conservation space, or
through restrictive scenic easements with the private ownership
with public interest through scenic easement restrictions on use.
• Page 2 Planning Staff Report- Gelco Corporation
3. Protection of the character of Bren's Woods as viewed from the marsh
and Anderson Lakes by maintaining a significant edge between any
development occurring within the woods as well as protection of the
overall vistas from the park.
d. Parking
1. Encourage the use of ramped or structured parking to minimize the
urban encroachment upon the site's high amenity features. of the
woods and open meadow.
;
2. Permit a maximum parking at grade of, in the first phase, 350
automobiles, and in later phases, 700 autos;if additional parking
space is required, it would require structuring at a second level.
3. Require extensive berming and landscaping of the parking area
occurring in the meadow to screen them from the lake and park
as viewed from the south and to the west of the site.
4. Recommend that Gelco investigate the use of carpools and other
inducements to encourage employees to utilize grouped transpor-
tation or public transit when available. This would minimize the
parking requirements necessary.
•
e. Access
1. Coordinate opening of the Gelco offices with the road improvements
to West 78th Street and its intersection with Co. Rd. 18 on an
interim basis as well as the improvements to the Village Ring Route
and 494. to be opened in late 1975.
2. After the opening of new 212, examine the traffic pattems on West
78th Street to determine if significant reductions of volume have
been recognized and take appropriate action to restrict the use
of West 78th Street as a through road by signing, speed limits
_ or vacations of parts of the road. /1
2. Evaluation of Development Stage Submission related to P.U. rectuirements.
The Development Stage Submission by Gelco dated November 12, 1973, deals
with the recommendations pertaining to the P.U.D. in a positive manner.
Recommendations under 5a, Site Use, indicate a maximum gross square footage
of the building's ultimate development of 160,000 sq.ft.,with 95,000 sq.ft. in
the first phase, and a maximum of 700 automobiles parked at full development.
The Development Stage Submission is consistent with this recommendation.
5b deals with the building treatment, encouraging medium rise of 4-6 stories
to minimize ground coverage and impact upon Anderson Lakes, as well as
orientation of the structure and facade treatment to minimize the visual massive-
ness and more carefully blend the structure with the natural setting. The
Development Stage Submission, utilizing a staggered or terraced structure with
natural plantings on each roof level as well as reflective glass and split level
type of design, minimizes the overall height. •
Page 3 Planning Staff Report — Gelco Corporation
Sc, the concern for the park land and its appearance related to Bren's Woods
as viewed from 494 and Anderson Lakes, as well as the 6.78 acres of marsh
and the lake edge was felt to be important in the original P.U.D. The mechanics
of protecting these unique features was felt to be best handled through public
dedication by Gelco.
Gelco is proposing to build its office building with the related parking facilities
in the upland meadow and the woodland areas of the site, leaving 6.7 acres of
inland wet marsh, 1.9 acres of marsh to water, and 4+acres of natural shoreline
as permanent open space to be deeded to the Village prior to building permit
approval. The firm line where the dedication will be has not been established
and must be staked in the field, utilizing the Village staff and Gelco's site
planner's input. The site treatment, I believe, does enhance the site,if used
for urban purposes and, hence, it meets the recommendations of 5c in the P.U.D.
report.
5d, the parking on this site was felt to be of great significance,in that the space
available for automobile parking is limited without drastically altering the natural
features. It was suggested that ramps or structured parking be used to minimize !�
urban encroachment and that a maximum of 350 automobiles in the first phase
and 700 automobiles in later phases be permitted. The use of extensive land-
scaping and bermingr if parking was to be placed in the meadow would be required,
and as a long-term solution, Gelco might investigate car pooling or encourage
use of other forms of public transit which would minimize parking requirements
and site alteration.
Gelco's development plan accomplishes some of the P.U.D. requirements By
placing approximately 70 automobiles under the structure, it has created some
structure parking. The provision of the retraining 230 spaces necessary for the
first phase in the wooded area must be sited and constructed with a great deal
of care to minimize its impact. There is no parking indicated in other areas of
the site in this proposal, yet building expansion is shown to a maximum of
160,000 sq.ft. There is no provision made for public transit as a bus stop or a
walkway system in the proposal.
5e made recommendations dealing with access. Whereas interim improvements
to 18 and 494,as well as the opening in the Ring Route should correspond with
that of Gelco, also, signing and speed limits along West 78th Street should
be considered. The development stage of the Gelco proposal indicates that
they hope to be occupying their structure by July, 1975. This corresponds with
the opening of the Village Ring Route in early summer of 1975 as well as the
improvements to the West 78th Street and 369 interchange by the Wye, which
will be redesigned to discourage through traffic.
The Public Safety Dept tment has conducted traffic counts and issued tags for
speeding along West 78th Street to discourage it as a through route. Further
Page 4 Planning Staff Report - Gelco Corporation
enforcement and signing measures will be necessary to reduce these trips. " I
In summary, I believe the GelcoDevelopment Stage Submission meets the
specific requirements and most importantly, the intent of the P.U.D. approvals
granted earlier this year. Working out the details of barrier treatments, park
land dedications, and site design treatments are critical for the successful
implementation of the M.C.A. concept and the Gelco Corporation building.
3. Park and Recreation Commission's Recommendations.
At this point, the Park and Recreation Commission decided to recommend guide
lines or performance standards for development of the Gelco site that would
assist the development team in solving the specific site design problems. The
Commission recommended approval of the proposal if the guide lines can be
followed.
1. Just as in The Preserve and the McAllister Properties site, a firm
line of control between the wildlife area and man must be developed.
The standard for this separation must produce the same effect as an
8' cyclone fence.
2. The recommended control or fence line should occur at the northern
edge of the vegetation surrounding the lake. Also, the clearing or
modification of vegetation between the fence line and the lake should
be worked out with the Village staff, using the guide lines of the Park
and Recreation Commission.
3. The meadow on this site is believed to be of great visual significance,
both to the lake and the woodland. It is important in the ecological
balance of the area.,that it remain._
Therefore , mk&Ininq•dhe meadow, .,
which provides a habitat for certain wildlife as well as visual openness
for the site , seems desirable. If certain manicured areas are
required for Gelco's use, they should be carefully bcated to be
harmonious with the natural systems as well as mane use.
4. As with McAllister Properties, the problem of aquifer recharge should
be considered. Storm water runoff vs. the amount of percolation should
be computed and the proportions that exist on the site today should be
essentially the same as those after development occurs.
5. Landscaping the small pond in front of the site as well as the additional
plant materials needed surrounding the building should be consistent with
the natural setting.
4. Site Treatment.
A. Transportation:
Certain elements of the overall transportation system must be accomplished
to make the Gelco project successful. One is the redesign of the intersection
at West 7 8th Street and 169 to a T; secondly, the construction of the Ring Route
and the easterly access ramps to 494 to provide access to the Gelco site.
Construction of the Ring Route between existing 2l2 and the Ring Route as
well as the Ring Route ramps to 494 will provide major access to Gelco's
site. Likewise, the upgrading of Washington Avenue and old West 78th St.
Page 5 Planning Staff Report-Gelco Corporation
as they connect with Co. Rd. 18 will be required. This may entail the
elimination of the Washington Avenue connection to West 78th Street.
Likewise, signalization of the 494 and 18 ramp terminal may become
necessary. The reduction of speed along West 78th Street from the
current 50 mph.to 30 mph. limit and subsequent enforcement seems to
be necessary today and most certainly would be with the addition of
Gelco's corporate offices.
If the transportation measures outlined do not create a safe and efficient
automobile circulation system,other measures may be taken- They may
include the termination of West 78th Street at the Eden Prairie/Bloomington
border, cutting off any through trips along West 78th Street from 18 to
the Ring Route. This measure should be taken if through traffic utilizes
Ensign Road, a residential street, or if traffic congestion at 494/18
intersection becomes too great.
Discussed in the P.U.D. submission was the provision of car pooling,
staggered working hours, or incorporation of corporate mini-bus fleets.
Today with the critical energy crunch and the prospects that it won't get
any better for a long time, these features as well as the incorporation of
a meaningful transit system are imperative. Eden Prairie is participating
with Bloomington, Richfield, and Edina in a transit implementation program
specifically geared to provide short-term bus service as well as long-run
transit system planning for the area of the M.C.A./494/100. Development
of the implementation plan should produce a meaningful transit connection
with the M.0.A. by the opening of Gelco's office.
Gelco's site plan should reflect a potential transit route (most likely
along West 78th Street)by connecting the office building with pedestrian
walkways through the parking areas. Likewise, a provision of a shelter
and possible turnoff lane should be considered and constructed in the
early stages. Coordination with the M.T.C. , the Village, and Gelco
will be necessary to achieve such an objective.
B. Parking:
Parking for the employees of Gelco is a critical concern in the original P.U.D.
and seems to be sensitively handled in the development stage proposal.
Approximately one-fourth of the automobiles irked below the structure,
thereby minimizing the ground coverage with the remainder parked in the
woods surrounded by heavy vegetation. Through sensitive grading and
tree preservation, major trees may be left in the parking lot to give a
canopy of forest to the parking areas. A•second entrance located west,
through the swale,will be necessary to connect to West 78th
Street.
Most zoning ordinances in the past, and Eden Prairie'a Is no exception,
have set minimum parking requirements which various land uses must meet.
Our existing requirements show 5 spaces per 1,000 gross square feet of
building, or a requirement of 348 spaces for the first phase and a total of
800 spaces for the entire project. Gelco has indicated in this development
stage that 300 spaces are necessary to begin, with a maximum of 700
Page 6 Planning Staff Report - Gelco Corporation
required. T am sure this is based upon the current ratio of drivers to
employees and is reasonable, given today's or yesterday's automobile
usage patterns- I believe it's foolish for the municipality to require
excessive parking spaces and thereby encourage automobile use for work
trips where the provision of transit or car pooling exists. Therefore,
establishing a maximum of parking spaces may be a more rational way to
influence the site development and overall movement patterns in the area.
It is not specified in the Gelco proposal where the additional 400 parking
spaces will be added. Future expansion of the building are indicated with
some underground parking in these areas. Given the intended site treat-
ment of the meadow and the orientation of the building, it is apparent that
additional spaces must be constructed in the wooded area. Therefore,
ramping or structured parking for the additional spaces seems the logical
solution•Bince structured parking is rather expensive, it would seem to
provide an encouragement to Gelco and its employees to seek alternate
solutions to accommodate the work trip. Eden Prairie, by providing a wide
range of housing types and costs combined with a meaningful transit system
for the community and Metropolitan Area,will provide an alternate at much
reduced costs to Gelco rather than individual automobile parking. If
additional parking spaces are needed to be provided, they should be of a
structured nature within existing parking areas, thereby minimizing the
impact upon the entire site which has been sensitively treated and depicted
in the Development Stage Submission.
C. Building Type:
Briefly, the building is extremely well designed to utilize the tremendous
views to the south and west over Anderson Lakes. •The split level effect
with two stories down from the entrance and two stories up is an ingenious
device to reduce the overall height of the building and utilize the terracing
technique in construction. The provision of outdoor plaza deck space on
the second level is admirable and will present a very desirable employee
space. The planting of the terraces on each of the levels should enhance
the views out of the building and may in time enhance its exterior appearance.
The structure's massing in the initial phase in an L shape minim izes the
slab approach as viewed from the lake and combined with the reflective glass
curtain wall, should produce a very harmonious structure reflecting the
character of the site. Expansion to the northwest and north will be of
minimal impact as viewed from the lake due to its orientation, partially
behind the wing facing the lake.
Gelco Corporation and the architects, Parker/Klein, have produced a truly
unique office environment that should be an excellent example and credit
to the Major Center Area of Eden Prairie and to Gelco.
5. Recommendation:
1. Recommend that Gelco Corporation be given development stage approval for
the 18 acre corporate office development and approximately 12 acre public
open space commitment in conformance with the Major Center Area Planned
Page 7 Planning Staff Report- Gelco Corporation
Unit Development. The rezoning from 1-5 Park to OFC-Office for the 18
acre development site and the zoning of the approximately 12 acre open
space area to public is contingent upon the following specific recommen-
dations:
a. that a satisfactory control between the wildlife areas and urban areas
be accomplished to the satisfaction of the Staff and Park &Recreation
Commission.
b. that the site treatment and development of the meadow should be
consistent with the natural areas surrounding and that specific site
design should be cleared through Park and Recreation Staff.
c. 'there should be minimal alteration of the delicate balance between
ground water recharge and runoff with the creation of settling ponds
that should not alter the existing balance.
d. any alteration of the areas within the public dedication should be
approved by the Staff and Park and Recreation Commission.
e. that separate construction drawings are prepared and bid for erosion
control during and after construction, acceptable to the Village
Engineering Department and watershed districts.
f. that detailed grading and tree cutting plans be submitted to the Village
Staff prior to coestructiontso that every possible alternative may be
explored to maintain the forest character.
g. that a maximum of 300 parking spaces be provided for the first phase of
construction and a maximum of 700 spaces be provided fot the tetal site
development. By approving these maximums, this varies from the
requirements in the Village parking ordinance today.
h. that 230 at-grade parking spaces be provided in the first phase and
that subsequent parking areas be provided under the new structure or
through decking of the first phase areas to accommodate the ultimate
700 vehicles. More than doubling the parking spaces at grade is not
i. considered in this approval.
i. that Gelco provide a coordinated pedestrian system and transit (bus)
station facility if plans can be worked out with the MTC.
j. design a second entrance to the parking area on tha west side
connecting with West 78th Street.
k. provide all health, safety, and fire access requirements under the
terms of the Uniform Building Code, subject to the approval of the
Village Building and Fire Inspection Department. 'II
1. strongly encourage Gelco Corporation to develop alternate ways to
accommodate the work trip through car pooling, mini-vans, etc.
and coordinate these plans with those of other businesses in the
community.
m. recommend the choice of exterior curtain wall material be of a tone
which blends into and complements the natural features of the area.
DP
November 30, 1973
TO: Howard Casmey, Commiss loner of Education
FiOM: Eden Prairie Board of Education
Dr. Robert A. Fallon, Superintendent
Admin istrativa Cabinet
Fuel Conservation & Contingency Plan Committee
Bill Bierden - Teacher
Bev Bran - Parent
Dick Lynch - Local Business
Gordon McFarland - Student
Ray Mitchell - Custodian
Paul Schee, Chairmen - Administrator
Di II Stets - Teacher
Gordon Tulberg - Business Manager.
Keith Well - VII lane f'cvernment Pepresentative •
SUBJECT: The Eden Prairie School District PLAN for Conserving Energy and Closina
of schools in case of fuel shortages.
In responding to the Commissioner's request for planning due to the nation-wide
fuel shortage, Eden Prairie has vigorously and totally involved Itself in develop-
ing a prudent course of action. We bel leve, barring a mandatory closing of
schools by State or Federal authorities, that our plan has excel lent potential
for keeping•school open with minimal adverse effect on students, staff, and
community. Intrinsic to our plan is the need for discrete decision mekIna
capabilities; we will need to take immediate action at tires as opposed to hasty
action. It is our opinion that this will allow us to most Judiciously operate
our school system.
Our plan is divided Into three parts; each responding to related, but Somewhat
distinct phases of the energy shortene as it Impacts itself on our schools.
Pert (I) deals with a general program of fuel and energy conservation; Part tii)
addresses Itself to steps to be taken to meet the State's minimum required days
(175) in spite of a critical fuel shortage; and Part (i l l ) deals with how to Peke-
up days if school is closed by mandate or denletion of fuel.
I FUEL MO ENERQY COVSERVATION
•
I. Each building should involve the students and staff In an awareness program
regarding the fuel shortage and the stops necessary to conserve fuel.
2. Reduce the I lahting In hallways, entryways and in areas were Iloht Is not
essential to the activity.
3. Turn the lights off In areas that are to be vacated for 10 minutes or
longer-
4. When it Is sunny outside there is virtually no need for artifical lighting
near the windows. Turn off the lights In that area and adjust your shades
and bl Inds to utilize the maximum ref lbcted light.
JA
5. Where feasible develop a traffic pattern that encourages the students
and staff to use south and east entries..
6. Use vestibule doors where they exist. This will cut down on air exchenoe
within the building. Where feasible construct vestibules or protect
exterior entries from direct exposure to prevailing winds.
7. Reduce building temperatures to the following nexlmum: '
Classrooms and offices — 68 degrees
Cafeteria — 68 "
Gymnasium - 65 "
Locker Roams — 6R "
Shops — 65 . "
Lavatories — 60 . "
Halls — 65 "
it STEPS TD BE TAIOEN TO MEET MINIMUM REOUiREDDAYS BEFORE MANDATARY CLOSINf=
OR FUEL DEPLETION.
•I. Congo! )date reeelning teecher workshop days and snow days - close the.,
schoo l s for the students,but conduct the workshops-
Adjust three days of spring vacation to an earlier period. Limit • ,
spring vacation to Good Friday and Easter Monday.
3. Close school on tow windchil I days i f they occur on Pbndey or Friday. • •
Make up the time by extending the school day by 1 hour end 15.minutee
per day.
4. Eliminate al I adult education proprauns In the schools transfer
programs to homes where poss i b l e.
5. Cancel all extra-curricular activities In the schools. .
fly .Operate school in two buildings on a double.shift,plan,,,; . . �,;q
III",HOW TO HAKE U' DAYS I F CLOS INC BECOMES A FACT
1. Adjust holidays and teacher workshop days.
2. Lengthen the school day by I hour and 15 minutes until time 1s cede up.
3. Go to a six•day week in the Spring.
4. Extend the school year. •
5. When fuel becomes aval table, if It 1s allocated on re limited basis open
two buildings. ( split shift).
•
APPROVED BY SCHOOL BOARD -Hoverter 29, 1973
Riley. Purgatory Creek Watershed District
-
• 8950 COUNTY ROAD x4
r. ,,,, EDEN PRAIRIE. MINNESOTA 55343
1
November 28, 1973
Honorable Paul Redpath
and Village Council
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Attention: Village Manager
Gentlemen:
From time to time, we have received inquiries from citizens
within the district and your community about applicable regulations
dealing with upland marshes and wetlands. We have responded to
these inquiries by stating that the watershed district has not to
date considered nor promulgated any such regulations, nor to the
district's knowledge has any municipality with the exception of
Minnetonka.
The watershed District has not up to this time placed a
high priority on the review and regulation of these types of natural
resources. However, with the state legislature' recent expanded
definition of public waters, consideration of some type of regula-
tory guidelines may be appropriate at this time.
If your municipality has any interest at this time to discuss
with the watershed district this topic, we would welcome the
opportunity to assist you in any way we can.
Very truly yours,
RILEY-PURGATORY CREEK
WATERSHED DISTRICT
13?&0444gle4o.4
Howard L. Peterson,
President
HLP/nj
cc: All Managers
Mr. Allan Gebhard
Frederick S. Richards, Esq.
UN!\/AC •
•• • 4 COMPUTER SYSTLIAS
UNNAC PARK.PO,BOX 3525
ST.PAUL.MMNNESOTA
TELEPHONE 1e121 1532222
•
17308 Padons Drive
Eden Prairie, Minnesota
December 3, 1973
•
Mr. Jack Hacking
• Director
Eden Prairie Public Safety Tepartment
•
Dear Mr. Hacking;
My family and I wish to express our heartfelt
appreciation for the services of the Eden Prairie Public
Safety Department on Sunday, November 11th.
After the accidental shooting of my son Kevin in
the chest, the response of your department to our call
was tremendous. The arrival of the emergency vehicle
and the patrolman was in a matter of minutes. The ef-
ficiency and speed of the firemen and the emergency pro-
cedures they used' truly saved Kevin' s life. One of the
fire captains, Mike Gertz, accompanied us in the ambulance
and be and the attendant worked feverishly to continue to
peep Kevin alive until our arrival at the hospital. The
chest surgeon has stated that all that was done could not
'have been done better and that our Eden Prairie Fire De- •
partment bad prevented, what under any other circumstances
would have been, a fatal accident.
Our gratitude extends to your total department but
I would like to give special thanks to Mike Gertz, Ray
Mitchell, Fred Haffner, Gene Jacobson and Officer Bruce
Wojack. Their skills, training and dedication are some-
thing our entire village can be proud of.
We sincerely thank you for Kevin's life.
C' •
�' Sincerely,
Pat and Donna reasey
.r.;" 171"
a,. Miyo* -'al.il Redpath�
CPIk6!LN.IIAC IS A CI4:5l2 OF S.'ENAY NANO CONP3ALLE/N
i
December 4, 1973
The Honorable Pawl R. R.edpath
Members of the Village Council
VILLAGE OF EDEN PRAIRIE
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Attention: Mr. Robert P. Heinrich, Village Misnager .
RE: Liquor License-The Preserve
Gentlemen:
In the month of December or shortly after the beginning of the new year
The Preserve will file its official request for a liquor license for a
restaurant site to be located on the north Anderson Lakes on property
that was once known as Connelly—Rowland. This prOOerty is bounded
on the north by West 78th Street and lies between the easternmost
boundary of the Ring Route and the Gelco Corporation office location.
The development concept for this site is being prepared by Richard J.
Schwarz, Architect, and will be presented with our formal application.
Very truly yours,
THE PRESERVE
''y'
G. M. Carter, Jr.
President
CARTER&GERTZ, INC.
GMC Icml
A Total Environment Community—E970 Frenlo Rd.,Ede Prairie,Min. EEO—t81Z1991.2001
„,4r�
I. RESPONSIBILITIES
• A. Primary Purpose
The primary and predominant purpose of the Council should be "to coordinate
the planning and development of the metropolitan area.” (473 B.01)
Operational Responsibility Limited
The Council should have no direct operational and administrative control
over other metropolitan agencies such as MTC, HAC, and MSB, except as
provided for under metropolitan significance. Such direct control
should be considered only if and when the Council is selected by election.
Discussion
A metropolitanwide planning organization can provide a valuable comprehensive
picture of the entire area for use by each local unit of government and
other metropolitan agencies. The analysis of existing trends, the
study of new or changed policies, and recommendations for alternative
directions can be accomplished, and can serve ag a basis for better
decisions at every level of government.
•
The providing of such information is a valuable function of the Council
and is consistent with the goal of coordination. The Development Guide
and the empirical demographic studies are both examples of valuable work .
accomplished by the Council.
However, there is a natural tendency of any organization to seek more _
authority in both breadth and depth, therefore, increased authority must
be extended by the Legislature only after thorough investigation and
hearings. Furthermore, the Legislature should carefully monitor powers
of the Council extended by the Federal Government. The reason is
simple. Larger units of government mean less repsonsive government to
the individual citizen. Therefore, the balance between the benefits of
comprehensive planning and the corresponding decrease in local autonomy
must be delicately maintained.
II. SELECTION OF COUNCIL AND ORGANIZATION• .
Selection of Council
1. ' The number of Council members should not be significantly increased
beyond the present membership of 14 Councilmen and a Chairman. This
should not preclude small increases to facilitate redistricting.
2. The Chairman should continue to be appointed by the Governor.
•
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—1 of 4—
3. The 14 Councilmen should also continue to be appointed by the
Governor, so long as the predominant purpose of the Council is to
"coordinate."
The present metropolitan commissions and boards, such as the Transit
Commission, the Sewer Board and the Metropolitan Airports Commission
should be retained, but a more uniform standard should be set for
size, selection, organization, and operation.
The Committee recognizes the benefit of public airing of policies and issues
that is now built into the structure of independent or semi-independent
boards.
Establishment of a General Advisory Committee
Under the authority provided (473 B.03) the Council should establish a
General Advisory Committee as deacribed below.
The purpose of the Committee shall be to promote two—way communication
• between the Metropolitan Council (MC) and local government officials
in the twin cities area. This should increase mutual understanding of
one another's problems and'objectives and result in increased cooperation
between the MC and local governments. The ultimate result should be
increased effectiveness of both groups in serving the residents of the
area.
The Advisory Committee (AC) shall be composed of two members for each
MC district, plus one member representing each County Commission, plus
two members appointed by the Chairman of the MC.
County representatives shall be chosen by the respective County
Commissions from among their own members and serve at their pleasure.
The County Commission may also designate en alternate who may not be a
member of a County Commission.
District members shell be appointed by the MC members in their respective
districts, from nominees suggested by municipal officials. Such
nominees to be elected officials. The Chairman shall appoint two members
at large. Eech district member shall be appointed to a two-year term,
beginning in January, with one appointment being made each year in each
district. Vacancies due to resignation, ineligibility, or other cause
shall be filled for the unexpired term by the same process of local
nomination and appointment.
Each district member may appoint an alternate, who need not be a member
of a municipal council.
The AC shall meet regularly once a month, with special meetings and
subcommittee meetings as may be agreed upon.
•
The AC will adopt its own procedures and select its own chairman from
among the appointed AC members.
-2-
•
The AC shall attempt to reach decisions by general consent but may
make decisions by majority vote.
Meetings shall be serviced by staff of the MC, including taking of
minutes, and preparation and circulation of appropriate documentation.
At least two members of the MC shall be assigned to attend each
regular meeting of the AC. Such assignments may be on a periodic or
rotating basis, at the discretion of the MC.
Each regular meeting of the AC shall receive a brief review of MC
activities during the preceding m9nth and shall be briefed on issues
currently under consideration by the MC. The AC may make comments or
recommendations relating to any such activities and issues.
The AC shall provide a forum to hear and discuss the view of any
county or municipality concerning any matter relating to the MC or its
activities.
The AC may make recommendations to the MC or to local governments, but
such recommendations shall be advisory only.
The AC shall have all customary and usual powers necessary to the perfor-
mance of its functions as an advisory committee.
III. METROPOLITAN SIGNIFICANCE
The Council should have the power to issue permits for projects determined to
be of metropolitan significance.
Toward this end, the Legislature should specify clearly the criteria for
determination of metropolitan significance.
The following affirmative Findings of Fact shall be made by the Council before
it may issue any permits for construction or authorize any development project
which it determined will have a substantial effect on metropolitan area
development:
1. The proposed development will not be in conflict with the Metropolitan
Area Development Guide as adopted by the Council.
2. The proposed development will be compatible with any comprehensive
development or land use plans, if any exist, of the political sub-
division in which the development or plan is to occur or exist or of
any comprehensive plans of political subdivisions contiguous thereto.
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3. The proposed development or long-term comprehensive plan will not
have a significant depreciating effect or detrimental impact upon
residentially zoned areas of contiguous subdivisions or significantly
reduce or depreciate the commercial and industrial valuation of
impacted polit ical subdivisions.
IV, GRANT REVIEW POWERS
The Council should not use its review authority over applications for Federal
Grants to influence the actions of municipalities in subject areas not directly
related to the application.
•
The Council shall bear the burden of demonstrating that subject areas considered
in such reviews are directly related.
There is an unquestioned relationship between certain aspects of development;
for example, the extension of utilities, the location of new highways. end
the availability of transit has an obvious effect on new population centers.
The interdependency of some aspects of growth may, however, be questionable.
In some cases there may be no relationship or dependence. The Committee
believes it is a proper and necessary function of the Metropolitan Council to
analyze end. comment upon the relationship of a particular grant application
to other areas of development. •
However; the Committee further believes that where the applicant questions the
relationship between a grant application snd other areas of development„
• the burden of proof should lie with the Council to demonstrate that there is,
or should be direct and substantial relationship.
In addition, consistent with that belief, the Committee further believes that
where there is'Adirect and substantial relationship between the grant application
end other areas of development the status of such other development should not
be considered in determining the advisability of the grant.
•
•
-4— •
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 786
A RESOLUTION APPROVING FINAL
TEAT OF BIDDEN PONDS
WHEREAS, the plat of Hidden Ponds has been subbi.tted in the
manner required for platting land under the Eden Prairie Ordinance Code and under
Chapter 462 of the Minnesota Statutes and all proceedings have been duly had there-
under, and
WHEREAS, said plat is in all respects consistent with the Village
plan and the regulations and requirements of the laws of the State of Minnesota
and ordinances of the Village of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OP TM
VILLAGE OF EDEN PRAIRIE:
A. Plat Approval Request for Bidden Ponds is approved
upon compliance with the recommendation of the Village
Engineer's Report on this plat dated December 7, 1973.
B. Variance is herein granted from Village Ordinance No. 93,
- Sec. 8, Subd. 1 waiving the six month maxima tine elapse
between the approval date of the preliminary plat and
filing of the final plat as described in said Engineer's
Report.
C. That the Village Clerk is hereby directed to file a
certified copy of this Resolution in the office of the
Register of Deeds and/or Registrar of Titles for their
use as required by NSA 462.358, Subd. 3.
D. That the Village Clerk is hereby directed to supply a
certified copy of this Resolution to the owners and sub-
dividers of the above named plat.
E. That the Mayor and Village Manager are hereby authorised
to Execute the certificate of approval on behalf of the
Village Council upon compliance with the foregoing pro—
visiona.
ADOPTED by the Village Council on
Paul R. Redpath, Mayor
ATTEST: SEAL /fi„,
John D. Prams, Clerk
VILLAGE OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT December 7, 1973
TO: Mayor and Village Council
FROM: Carl Jullie, Village Engineer
THROUGH: Robert Heinrich, Village Manager
SUBJECT: HIDDEN PONDS
PROPOSAL: The Developer, Ecklund c Swedlund Development Corp. . is requesting
Village Council approval of the final plat of "Hidden Ponds". This
is a single family residential plat (R1 13.5) located south of Duck
Lake Trail and southwest of Sterling Field in Section 7.
HISTORY: The preliminary plat of Hidden Ponds was approved by the Village
Council on December 12, 1972 per Resolution No. 613.
Zoning to Rl 13.5 was finally read and adopted on December 26, 1972 per
Ordinance No. 196.
The final plat now suhsitted for approval conforms with the approved
preliminary plat.
VARIANCES: A variance from Village Ordinance No. 93, Sec. 8, Subd.l will be
necessary waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final plat.
This variance request is reasonable because the developer is proceeding
with work in an orderly and timely manner.
•
UTILITIES AND STREETS:
Municipal sanitary sewer, watermain, storm sewer, concrete curb
and gutter and bituminous surfacing has been installed throughout
the plat in accordance with Village standards.
Ponds located on Outlots A and a will provide for storm water reten-
tion. The Developer shall submit a letter indicating that the future
homeowners association for this area shall be fully responsible for
debris removal, weed and mosquito control and silt removal necessary
with regard to these drainage ponds.
At the Village's request the Developer constructed a 16" watermain
December 7, 1973 Page 2 '
along Ponds Trail from Duck Lake Trail to Valley View Road
rather than a 6" line which normally would have been sufficient.
This 16"main will be extended southerly in the future to a new
reservoir site as indicated on the Village's Comprehensive Water
System plan. Accordingly, this 16" main will be an integral part
of the Village's trunk watermain system. A credit for this water-
main overeizing in the mount of $9,192.00 is due the Developer.
This amount is documented in a letter from McCombs-Knutson Associates,
Inc. dated November 16, 1973. The amount will be credited against
the sewer and water trunk assessment for this property.
Same adjustment of catch basin inlets and the street crown at some
location will be necessary prior to final acceptance of the streets
and utilities by the Village.
PARK DEDICATION:
Outlots A and B will remain as quasi-public open space. The
developer will be required to construct a 6' vide bitumdnous
walkway 4" thick through Outlots A and B from Duck Lake Trail to
Valley View Road.
The developer shall be required to survey and dedicate to the
Village the land 6' ors either side of the centerline of the walkway
after it has been constructed. The walk shall be completed by July 1,
1974.
'the Village is also negotiating with the Developer on a possible
school park site on lands adjacent to the southwest of this plat.
BONDING: The Developer shall provide bonding as follows in a dollar amount
acceptable to the Village Engineer:
1. Repair of Duck Lake Trail.
2. Pinal lift of bituminous surfacing on all streets.
3. Storm sewer connection of the drainage ponds.
4. Boulevard sodding and street signs.
5. Bituminous pathway.
6. Miscellaneous utility adjustment and crown overlays.
RECOMMENDATION%
Recommend approval of the final plat of HIDDEN PONDS subject to
the following:
1. Council approval of a variance waiving the six month require-
ment of Sec. 8, Subd. 1 of Ordinance Ho. 93.
Page 3
2. Receipt of the fee for Village administrative costs
in the amount of $3,080.
3. The executed hardshells and enabling resolution will be
released for recording when the requirements of this
report have been satisfied_
•
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•
JAMES L. KURTH
LAND&CONSTRUCTION SURVEYOR
4201 N.E.StS STREET
COLUM BIA HEIGHTS,MINN.55421
OFFICE MM. 9110411115111SIMMIA MOM■7S}N70
November 21, 1973
Village Clerk
Village of Eden Prairie
8950 County Road 4
Eden Prairie, Minnesota
Dear Sir:
Enclosed find a plat correction certificate, which is
self-explanatory.. Because it deals wi th a revision to
an existing plat, it requires village approval.
Would you please place this on an agenda for approval?
I am enclosing an excerpt from the Minnesota Statutes
concerning this, and also a self-addressed envelope.
I would appreciate it if you would date, sign, seal
and return this certificate to me. I will file it at
the court house, and return the filing data to you.
•
Thanking you in advance-
Yours very truly,
6 6.
4,_
James L. Kurth
Enc.
cc: Dolan Engineering, Inc.
File
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SURVEYORS CERTIFICATE OF CORRECTION TO THE PLAT OF ATHERTON 3RD ADDITION
Pursuant to the provisions of Section 505.174 through 505.177, Minnesota Statutes
Annotated, I, James L. Kurth, the undersigned, a Registered Land Surveyor in the
State of Minnesota declare as follows:
1. That I prepared the plat of Atherton 3rd Addition dated
September 18, 1973 and fi led on October 3, 1973 in the office
of Register of Deeds, Hennepin County, Minnesota, in Book 199
of Plats, page 15.
2. That said plat contains errors, omissions, or defects in the
following particulars, to—wit: The northeasterly and
southwesterly lines of Lots 7, 8 and 9, the northeasterly
line of Lot 6, and the southwesterly line of Lot 1 all show
theincorrect bearing of S 45"42' 47" W.
3. That said plat is hereby corrected in the following particulars
to-wit: The above lines are to be given the correct bearing
of S 45°42' 47" E.
Dated November 15, 1973 �"
...:4s.---19.
Registered Land Surveyor
No. 5332
State of Minnesota
The above Certifi cate of Correction to the Plat of Atherton 3rd Addition has
been approved at a regular meeting of the Vii lage Council of Eden Prairie,
Minnesota, held on the day of , 197
Village Cl erk
i
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r . ,
reserve
December 6, 1973
Mr. Carl Jullie, P.E.
Village Engineer
VILLAGE OF EDEN PRAIRIE
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Carl:
Construction at The Preserve is completed for this year, and we now
request acceptance of the utilities and road systems completed to date.
The engineer's certification of completion along with maps defining the
exact utilities and roads to be accepted are being forwarded under
separate cover.
This acceptance will release the performance bonds with policy numbers
400CX8036, 400CX8732, and 400DA2026 that covered this work. The
following performance bonds are still in effect and cover the remaining
unfinished work;
Policy Number Amount Unfinished Work
400DJ4361 and 400DJ4394 $103,059.31 E Foarkwayr paviand Circng
curb and gutter and paving.
400DJ4424 $ 60,000.00 Curb and gutter and finish
paving in Basswoods.
400DJ4410 $391,338.72 Curb and gutter and finish
paving in Westwind.
The Village has requested that two areas of responsibility remain with
The Preserve Association. As agreed previously, The Preserve
Association will maintain the grass, shrubs and trees in the island
11
J
2)3
A Total Environment Community—8920 Franlo Rd„Edon Prairie,Minn. 65343-(612)941.2001
Mr. Carl Jullie, P.E.
December 6, 1973
Page Two
areas that lie within the Village right-of-way. In addition, The Preserve
Association agrees to maintain the various siltation ponds with regard to
debris removal, weed control and silt removal. However, these silt
ponds are an integral part of the municipal storm sewer system and are
required by Village and Watershed design standards;therefore, this
responsibility should be subject to periodic review.
Respectfully submitted,
THE PRESERVE
re)9 61?‘"2
Lee W. Johnson
Vice President of Engineering
CARTER& GERTZ, INC.
LWJ/cml
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 787
A RESOLUTION ESTABLISHING A NEW PORTION TO MUNICIPAL STATE-AID
ROUTE SYSTEM WITHIN THE VILLAGE OF EDEN PRAIRIE
NISEREAS, it appears to the Village Council of the Village of Eden Prairie
that the roads hereinafter described should be designated as Municipal State Aid
Streets under the provisions of Minnesota Laws of 1959, Chapter 500:
NOW, TORE, BE IT RESOLVED, by the Village Council of the Village of
Eden Prairie that the roads described as follows, to-wit:
MUNCIPAL STATE-AID STREET NO. 108-010 B ginni goat1a1poointoonmState O nk
Dell Road
miles east of the northwest corner of
section 6, township 116 north, range
22 west; thence southerly approximately
one-quarter rile; thence southeasterly
approximately one-quarter rile; thence
southerly approximately one-quarter
mile; thence southwesterly approximately
one-quarter mile to a point approx-
imately one-quarter mile east of the
southwest corner of the said section 6;
thence southeasterly approximately one
mile; thence southerly approximately
one-quarter mile to the junction (approx-
imately one-quarter mile west of the
southeast corner of section 7, township
116 north, range 22 west) with State
Trunk Highway No. 5, a total distance
of approximately 2.30 miles, and there
terminating.
/ )%\
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Page 2
be, and hereby is established, located, and designated a Municipal State-Aid Street of
said Village, subject to the approval of the Commissioner of Highways of the State of
Minnesota.
BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to
forward two certified copies of this resolution to the Commissioner of Highways for his
consideration, and that upon his approval of the designation of said road of portion
thereof, that same be constructed, improved and maintained as a Municipal State-Aid
Street of the Village of Eden Prairie, to be numbered and known as Municipal State-Aid
Street
ADOPTED , 1973-
Mayor, Village of Eden Prairie
ATTEST:
Village Clerk
CERTIFICATION
I hereby certify that the above is a true and correct copy of a Resolution duly
passed, adopted and approved by the Village Council of said Village on
1973.
Village Clerk
•
VILLAGE OF EDEN PRAIRIE
• 1
AN AGREEMENT FOR
PROFESSIONAL ENGINEERING
SERVICES
THIS AGREEMENT, dated llth day of December, 1973, between the VILLAGE
OF EDEN PRAIRIE, Hennepin County, Minnesota, a Municipal Corporation of the
State of Minnesota, hereinafter called the OWNER, and
, hereinafter called the CONSULTANT, provides for the terms and
conditions under which the OWNER intends to retain the CONSULTANT to provide
Professional Engineering Services required to complete preliminary project design,
feasibility report, final design, construction drawings and specifications, and other
required contract documents, contract administration, construction staking and
inspection.
The OWNER and the CONSULTANT agree as set forth below:
A. SCOPE OF PROJECTS AUTHORIZED
The actual description and scope of each project and any special conditions
to this agreement shall be established by the OWNER in his letter of author-
ization to proceed with that specific project. Each letter of authorization
shall be issued from the Village Manager's office upon reconsendation of
the Village Engineer. The CONSULTANT shall sign and return to the OWNER a
copy of this letter indicating his intention to proceed with the work so
authorized. The CONSULTANT may elect not to proceed with the work if he
so desires.
B. SCOPE OF SERVICES
The scope of services to be provided for each project is as described in
"A Guide for Engagement of Engineering Services" (Attachment A) adopted by
the Minnesota Society of Professional Engineers and the Consulting Engineers
Council of Minnesota (hereafter referred to as the 1972 Guide) or as modified
herein. Basic Services shall include preparation of record drawings for
the OWNER. A summary of these Basic Services is as follows:
1. Basic Services - Preliminary Study
Feasibility Study and Preliminary Design shall include the normal planning,
engineering and land surveying services as follows:
a. Collect and review applicable existing data and reports pertaining
to the project which may have a bearing on establishing routes, ser-
vice areas and ultimate design criteria.
5
b. Completion of preliminary engineering design of utility and/or
street alternates including supervision of preliminary soil
testing as required, field checking critical features of routes
by level circuits required for preliminary design to establish
project feasibility, and to develop preliminary construction
cost estimates.
c. Submit project feasibility report to OWNER including, but not
limited to, engineer's certification, discussion of feasibility
study findings, and proposed project descriptions, engineer's
recommendations as to selection of alternates,preliminary cost
estimate summaries, proposed method of assessment, preliminary
assessment rolls, and typical notice of public hearing.
2. Basic Services - Final Design
Final design, construction drawings and contract documents shall in-
elude the normal planning, engineering, land surveying services as
follows:
a. Refine alternates selected by the OWNER to extent necessary to
develop final plans and specifications.
b. Perform field surveys required for final design.
c. Supervise soil borings required for final design.
d. Prepare construction drawings.
e. Prepare estimate of construction costs. 1
f. Submit plans and specifications to the OWNER and applicable
governmental agencies for approval.
g. Prepare proposal forms, advertisements for bide and data for
construction contract.
h. Furnish additional copies of plans, specifications and contract
documents to prospective bidders.
i. Assist in securing bids and conducting the bid opening.
j. Tabulate bids and recomend action to be taken on the bids.
3. Basic Services - Construction Phase
Construction phase services shall include the normal engineering and
land surveying services as follows:
a. General supervision of project during construction to assure con-
formance with the intent of the plans and specifications. Such
general supervision shall be Baited to periodic visits to the
construction site by the Project Manager.
2
b. Assist with interpretation of plans and specifications.
c. Review shop drawings and related data of the Contractor and
manufacturers.
d. Coordinate the work of testing laboratories.
e. Consult with and advise the OWNER during construction.
f. Prepare a final report to the OWNER when construction is sub-
stantially complete.
g. Prepare as-built drawings following completion of construction.
Record drawings submitted to the OWNER shall include one (1) mylar
original and one (1) paper print of each as-built plan sheet.
h. Prepare and process the Contractor's periodic and final payment
requests.
4. Additional Services
The following services are not covered in Paragraphs Bl through B3
above, and if any of these services are authorized by the OWNER, they
shall be paid for by the OWNER as hereinafter provided.
a. Revisions of plans and specifications after approval by the
OWNER and/or local, state or federal authorities.
b. Construction staking.
c. Construction management including daily inspection of Contractor's
operations.
d. As-built surveys.
e. Land surveys, establishment of boundaries and monuments and pre-
paration of land and easement descriptions, both temporary and
permanent.
f. Preparation of final assessment data from information furnished by
the OWNER.
g. Assistance to the OWNER in negotiation with individuals, corporations,
municipalities, or any other local, state or federal authorities
for acquisition of property easements or right-of-way or agreements
required for the initiation, prosecution and construction of the
Project.
h. Special meetings attended or trips made at the OWNER's request at
locations other than the OWNER'.or CONSULTANT'*office or the Project
site.
3
C. FEES FOR PROFESSIONAL SERVICES
The OWNER shall compensate the CONSULTANT for completion of professional
services described in Paragraph B above as follows:
1. The fee for the CONSULTANT'S BASIC SERVICES, as described in Paragraphs
Bl, B2 and B3 of this Agreement shall be based on a percentage of the
actual construction cost or, in the absence of actual cost figures,
on a percentage of estimated construction cost. The percentage deter-
mination shall be based on Curve B appearing on Figure 2, Page 15 of
the 1972 Guide (Attachment A)- The net construction cost used to deter-
mine
the compensation rate on all projects for which the OWNER has
authorized the CONSULTANT to proceed on the Final Design during the
period from September 1, 1973 to December 31, 1974 shall be the cumula-
tive total of the actual construction costs (final payments to contrac-
tors) or estimated costs thereof in the absence of actual costs. The
compensation rate for those projects terminated after the preliminary
study phase shall be based on 6%of the estimated construction cost
unless otherwise provided.
In the case of sanitary sewer, watermain and stone sewer projects, the
dollar amounts determined by the use of the said Curve B shall be reduced
by an amount agreeable to both OWNER and CONSULTANT to reflect a credit
for previous comprehensive studies which will be made available for the
CONSULTANT'S use as described in Paragraph C of this agreement. Any
other billing credits due the OWNER will be specified in the letter of
authorization described in Paragraph A.
Progress payments for BASIC SERVICES on individual projects shall be
based upon an interim compensation rate of 6.00%and shall be made as
follows:
a. BASIC SERVICES- PRELIMINARY STUDY: 15% of Basic Fee, payable
upon completion and acceptance of the written feasibility report by
the OWNER: or a lump sum fee as negotiated with the OWNER.
b. BASIC SERVICES - FINAL DESIGN: 70%of Basic Fee payable in monthly
increments based on the progress towards completion of final plans 1 and specifications.
c. BASIC SERVICES- CONSTRUCTION PHASE: 15% of Basic Fee, payable in
monthly increments in the same proportion as periodic payments to
the construction contractor. Final payment due after final inspection
and approval of the Project.
2. Payment for the CONSULTANT'S ADDITIONAL SERVICES as described in Paragraph
B4 of this agreement shall be determined by multiplying actual salaries
(reduced to hourly wage) times a factor of 2.8 and applying the resulting
figure to the actual time spent on the project. Measurement of travel
time for all personnel shall be from
office only. The maximum compensation for all necessary construction
staking and inspection for each project shall be 6.0% of the final
construction coat for that project.
4
•
3. The OWNER with prior approval shall compensate the CONSULTANT for
all overtime required by the OWNER'S schedule involving technical
and administrative personnel at actual hourly straight time salaries
times a factor of 2.8.
4. The OWNER shall compensate the CONSULTANT for all reimbursable expenses,
actual expenditures for the CONSULTANT'S additional services, other
than the hourly fees, directly connected with the Project, including
mileage, cost of soil borings, testing or special consultants as
directed by the OWNER and identifiable materials, services or supplies
used in reproduction of records, drawings and specifications or field
work.
5. The OWNER shall compensate the CONSULTANT for making major revisions
in drawings, specifications or other documents directed by the OWNER
when such revisions are inconsistent with written approvals or instruc-
tions previously given and are due to causes beyond the control of the
CONSULTANT. The 6% limit of Paragraph C2 of this agreement shall not
apply for these authorized additional services.
D. OWNER'S RESPONSIBILITY
• The OWNER shall make available or allow access to all existing data related
to the work and all other data or information which may develop that could
possibly have a bearing on the decisions or recommendations made under this
agreement. The OWNER shall specifically provide:
1. Copies of the calculation and supporting data from any reports covering
the trunk sanitary sewer system, waterworks improvements and storm sewer
system as submitted to the OWNER.
2. Proposed or approved subdivision, P.U.D., plats and other pertinent data
which may have a bearing on planning and engineering decisions-
3. Topographic mapping and boundary surveys.
4. Village records showing names and legal descriptions of property owners
for easements and assessments.
5. Authority for representatives of the CONSULTANT to enter lands for
surveys and other information related to the design and construction of
the Project.
6. The OWNER will pay for all soil testing required throughout the design
and construction of the Project.
7. The OWNER will pay for laboratory tests of materials and workmanship.
8. The OWNER will provide legal assistance for easement descriptions where
necessary.
E. TERM, TERMINATION, SUCCESSORS AND ASSIGNS
1. Teem of the contract shall be concurrent with the work authorized between
5
September 1, 1973 and December 31, 1974.
2. Termination may be accomplished by either party at any tine by written
notice and shall be effective upon payment in full for all services
performed to the date of receipt of such notice, provided, however, that
the CONSULTANT may not terminate his services during critical stages
of individual projects as determined by the OWNER.3. The OWNER and the CONSULTANT each binds itself, its partners, successors,
assigns and legal representatives to the other party of this Agreement
and to the partners, successors, assigns and legal representatives of
such other party with respect to all covenants of this Agreement.
4. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his
interest in this Agreement without the written consent of the other.
F. CONSULTANT'S RECORDS, DOCUMENTS, AND INSURANCE
1. The CONSULTANT shall maintain time records for hourly fees, design
calculations and research notes in legible form;and will be made avail-
able to the OWNER, if requested.
2. The CONSULTANT reserves the right to secure and maintain statutory copy-
right in all published books, published or unpublished drawings of a
scientific or technical character, and other works related to this
Project in which copyright may be claimed. The OWNER shall have full
rights to reproduce works under this Agreement either in whole or in
part as related to this Project. One copy of each drawing shall be
provided in reproducible form for use by the OWNER, but the original
drawings will remain the property of the CONSULTANT.
3. The CONSULTANT shall carry insurance to protect him from claims under
Workman's Compensation Acts; from claims for damages because of bodily
injury including death to his employees and the public, and from claims
for property damage.
G. EXTENT OP AGREEMENT AND APPLICABLE LAW
1. This Agreement and all letters of authorization described in Paragraph A
represent the entire and integrated agreement between the OWNER and the
CONSULTANT and supersedes all prior negotiations, representations or
agreements, whether written or oral with respect to the Projects to be
authorized. This agreement may be emended only by written instrument
signed by both OWNER and CONSULTANT.
2. This agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the OWNER and the CONSULTANT have made and executed this
6
agreement:
FOR THE VILLAGE OF EDEN PRAIRIE •
By - Mayor
Witness (Seal)
•
• By Manager
• Witness
Dated
E•
FOR
E.
By
Witness
•
• Title •
Dated
(Seal) •
•
•
7
ATTACHMENT A
14 - ---- I -----.._ I will ( WWII I I Mil
111
Net Construction %From
Cost Curve B
13 50,000 10.05
_ 100,000 9.01 , •
— 250,000 7.81
500,000 7.00 -
12 -- 750,000 6.63
1,000,000 6.22
`— - I 2,000,000 5.75 -
I 4,000,000 .5.30
11 6,000,000 5.10
8,000,000 5.05
10,000,000 4.97 - 1
20,000,000 4.88
10 M I..---..
8
4
> __ --- - -
-----I-- r — —
6 — .
5- _ ----- ——_' '
4 --
I i --
0,01 0.05 0.1 0.5 I 5 10 50 100 .
Net construction cost,in mill ions of dollars -
FIG.2—CURVE B.MEDIAN COMPENSATION FOR BASIC SERVICES,
EXPR ESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR .
PROJECTS OF AVERAGE COMPLEXITY.
From 1972 ASCE Manual No.45
—15—
CONTRACT CHANGE ORDER REQUEST
CONTRACTOR: CHANGE ORDER NO. 1
CONTRACT DATE: 8-15-73
Cris Construction Company, Inc.
OWNER'S CONTRACT NO_ 51256
8920 County Road 18
ORIGINAL CONTRACT
Eden Prairie, Minnesota 55343 AMOUNT $ 70,619.10
J OB: 72-54-6B
OWNER: Village of Eden Prairie
The cost of the following changes, del etions or additions to the above
CONTRACT are hereby requested.
AMOUNT OF
DESCRIPTION OF THE CHANGES INCREASE
1. As attached 4 4t.3O
686.10
The amount of the contract shall be (INCREASED) (01111110111WIENRI) s 748.30
Prepay d by:
BRA E ASSOC Ily S C. CONTRACTOR APPROVAL:
r
B c r t S a. �c .
ATE: EC. (le , 19_ (�« i
D., a a�,,aac ( , 1973.
OWNER APPROVAL :
Village of Eden Prairie
BY
DATE
B&A 44-72
BRAUER & ASSOCIATES, IIVC. TITLE: Hiawatha Ave. P.U.D.
•
t • SITS PLANNERS FILE: Eden Prairie
1. B440 FLYING CLOUD DRIVE J08 NO.: 7 2-54-66
5 f- EIDEN PRAIRIE, MINNESOTA. 56343
TELEPHONE 68123 941-1660 DATE: December 6, 1973
To: — Carl Jullie
FFIOM: David Udstrand, Project Representati ve
BUEJECT: _ Hiawatha Avenue P.U.D.
There has been several mi scel 1 aneous items called for, that are
not in the proposal form. Listed below is a description of
these items.
1. Rock Removal (Sta. 10+50)
According to our inspector 's records, one hour was spent
removing this rock, with one caterpillar, one Traxcavator,
one Hein-Werner backhoe and four men used for labor and
equipment. Thus:
(1) Backhoe hr. @ 22.5D $22.50
(1) Caterpillar hr_ @ 15.00 15.00
(1) Traxcavator hr_ @ 15.00 15.00
(1 Foreman hr_ @ 7.50 7.50
(1 Oiler hr. @ 6.75 6.75
(1 Pipe layer hr @ 6.65 6.75
(1 Bottomman hr. @ 6.60 6.60
Total Labor b Equipment $80.00
5% Carrying Charge 4.00
Subtotal $84.00
10% Overhead & Profit B.40
TOTAL PAYMENT ITEM 11 $92.40
2. The project was short of topsoil needed to fill existing
yards and 203 tons were imported. Thus :
203 tons @ 1.90/�y". $385.70
TOTAL PAYMENT ITEM 12 $385.70
3. The portion from the curb to the existi mg concrete driveway
at Mr. Gertz's property was not intended to be covered with
b ituminous. Mr. Gertz expressed his desire to have this
portion paved and the Village of Eden Prairie approved it.
A lump sum total of $115.00 was agreed upon. Thus:
TOTAL PAYMENT ITEM 13 $115.00
4. After Northern Contracting installed the watermain on Scenic
Heights Road, Ray Mitchell had his driveway paved causing an
•
Carl Jul lie -2- December 6, 1973
adjustment of the gate valve located in his driveway.
Cris Construction was asked to make this adjustment and
a lump sum price of $25.00 was agreed upon. Thus:
TOTAL PAYMENT I TEM #4 $25.00
5. During the construction of the street, it was decided to
place crushed rock on Virgil Seifert' s driveway to avoid
a mudhole. A lump sum of $70.00 was agreed upon-
TOTAL PAYMENT ITEM #5 $70.00
6. Hydrant ext - a lump sum as agree . Thus:
TOTAL PAYM. ITEM S60.00
SUMMARY
Item #1 S 92.40
Item #2 385.70
Item #3 115.00
Item #4 25.00
Item #5 70.00
Item #6 —51,7170"
TOTAL S .244r3e—
BRAUER & ASSOCIATES, INC.
David Udstrand
Project Representative
vaw
CONTRACT
• This agreement made this November 27, 1973 , by and between III
Metropolitan Animal Patrol Service, Inc., a Minnesota Corporation,
hereinafter referred to as M.A.P.S.I. and the Village of Eden Prairie,
a Municipal Corporation located in the County of Hennepin, and the
State of Minnesota hereinafter referred to as City, wi4nesseth:
In consideration of the covenants and agreements herinafter set
forth, it is mutually agreed by and between the parties hereto as
follows:
1. This agreement shall be effective as of the January 1,1974 ,
and shall continue in effect until December 31, 1974
2. M.A.P.S.I. agrees to patrol the public streets of Eden Prairie
in a vehicle specially designed for the transportation of small animals,
in accordance with a schedule agreed upon by both parties.
3. M.A.P.S.I. agrees that patrolling shall be done by competent
personnel trained_in the handling of animals, and that such employees
shall be approved by the City's Chief of Police. Such employees shall
be deputized by the City with such police powers as are necessary for
the apprehension and retention of dogs, cats, and other animals, and
such employees shall also be furnished with special police badges by
the Chief of Police. However, M.A_P.S.I. will not invade the private
property contrary to the wishes of the owner of said property nor
forcibly take an animal from any person without the approval and
assistance of a regular police officer of the City.
4. In addition to the regular hours of patrolling referred to,
M.A.P.S.I. agrees to maintain one (1) vehicle for standby service to •
attend cases outside regular patrol hours at the specific request of
the City's Police Department.
5. M.A.P.S.I. represents and agrees that all animals impounded
shall be kept at ti.A.P.S.I. housed at 506 llth Avenue North, Minneapolis
-2-
Minnesota and M.A.P.S.I. agrees and warrants that all animals impounded
shall be kept in a comfortable and humane manner for a period required 4.
by City Ordinance. M.A.P.S.I. agrees that the pound facilities shall
be open and available to reclaim animals from 8:00 a.m. to 7:00 p.m.
Mondays through Saturdays and from 1:00 P.M. to 5:00 p.m. on Sundays
and Holidays.
6. At the time that any animal impounded under this contract is
reclaimed, M.A.P.S.I. or its agent shall collect the impounding fee,
the license fee and boarding charges as provided by City Ordinance.
M.A.P.S.I. shall furnish monthly reports to the City as required as
to the service or services rendered in connection with each animal
impounded. All impounding fees, license fees, and boarding charges
collected by M.A.P.S.I. or its agent shall be remitted monthly to the
City.
7. In the event an animal is impounded and boarded by order of
the City Health Office or placed under quarantine by ruling of the
State Board of Health, said animal shall be boarded as required by ;t
said order or ruling. At the end of such period, the City releases all
of its interest, right and control over said animals which may then
be disposed of at the discretion of M.A.P.S.I. In the event that any
dogs, cats, or other impounded animals are unclaimed after five (5)
days, they shall become the property of M.A.P.S.I. and may•be disposed
of or sold at their discretion. All proceeds from the disposition of
such animals may be retained by M.A.P.S.I., including any proceeds
received from any animals disposed of according to Minnesota Statutes
35.71.
8. The City shall furnish to M.A.P.S.I. all forms, 'incense and
pound fee receipts and license tags as specified in the ordinance, and
M.A.P.S.I. shall keep records of all animals impounded together with a
description of the same.
9, M.A.P.S.I. shall equip all vehicles x,rith two way radio and
'' agrees to service and maintain said equipment.
10. M.A.P,S.I, shall assume liability for all harm to animals due
to its negligence or that of its agents in not properly caring for
the same, and agrees to defend any lawsuits arising therefrom.
M.A.P.S.I. shall defend, indemnify, and hold the City harmless in-
eluding its officers, employees or agents from any and all claims, suits,
losses, damages, or expenses on account of bodily injuries, sickness,
disease, death and property damage including injury to animals as the
result of, or alleged to be the result of M.A.P.S.I.'s operations.
Upon request, M.A.P.S.I. shall provide to the City with proof of
public liability insurance including comprehensive general liability,
and comprehensive automobile liability in an amount of at least
$100,000.00 per each claimant and $300,00O.00,for each occurrence.
11. M.A.P.S.I. agrees that during the period of this contract it
will not, within the State of Minnesota, discriminate against any
employee or applicant for employment because of race, color, creed,
national origin, or ancestry, and will include a similar provision
in all sub-contracts entered into for the performance hereof. This
paragraph is inserted in this contract to comply with the provisions
of Minnesota Statutes 181.59.
12. The City agrees to pay for M.A.P.S.I. services"in the perfor-
mance of this contract as follows:
a. Price per hour for furnishing Patrol Ambulance for regular
hours-per hour per ambulance (actual time in service for City)
$ 8-25
b. Price for each 24 hours or fraction thereof for boarding any
species of animal impounded by direction of City officials
or local ordinance,... .... .......$ 2.25
c. Price per each animal for destroying dogs or cats,
$ 2-00
d. Price per call for ambulance service during other than regular
working hours, ....... 10-00
-4-
13. All payments shall be made by the City upon receipt of monthly
statement of M.A.P.S.I.
14. M.A,P.S.I. agrees to provide veterinary services to impounded
animals as needed at no cost to the City.
. 15. Either party hereto may cancel the within contract upon thirty
(30) days written notice thereof to the other party.
By
f
METROPOLITAN ANIMAL PATROL SERVICE, INC.
is Presi t 7+ '
+/
i''•:;
•
•
—.sod
• •
•
Nine Mile Creek Watershed District
mi' • , ' I. 434110SCENTER.
1ti� 't •i MINN EAPOLIS, MIN NESOTA S5402
sf mar •
r` November 16, 1973
•
The Honorable Paul R. Redpath, Mayor,
and the Eden Prairie Village Council
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Gentlemen:
This letter will serve to modify the earlier agreement
reached between the Village of Eden Prairie and the Nine Mile
Creek Watershed District to the extent that the projected three-
year study of the Bryant Lake area will commence initially with
a one—year study at a cost of not to exceed $8,000, with $4,000
of the cost to be borne by the district and $4,000 of the cost
of the Harr Engineering study to be borne by the Village of
Eden Prairie.
The initial one-year undertaking is to enable the Village
of Eden Prairie to obtain additional contributions from Minnetonka
and other communities within the watershed district. However, it
is understood that it is the present intent and objective of the
officials of Eden Prairie to complete the three—year project with
additional one-year extensions to be considered in the spring of
1974.
If the above modification is in agreement with the position
of the Village of Eden Prairie, kindly execute two copies of this
letter and return to the undersigned for the district's files.
You should retain the other two copies for the files of the
village.
c2truly yours,
s A. Jones
President
JAJ/dnd
cc - Board of Managers
Mr. John D. Dickson
Mr. Marty Jensen f -
C(
Nine Mile Creek Watershed District
14 •0 4344IDS CENT ER
MIN NEAPOLIS, MINNESOTA 55402
ems: . .
•
Approval of the undertaking in the manner set forth in
this letter was given by the managers of the Wine Mile Creek
Watershed District at their regular meeting or November 21, 1973.
s . Jones Cs?tert14---
silent
Nine Mile Creek Watershed District
Approval for entering into the Bryant Lake cooperative study
as modified by the foregoing letter was given by the Village Council
of the Village of Eden Prairie at its regular meeting on
1973.
Robert P. Heinrich
Eden Prairie Village !tanager
CLERK'S LICENSE APPLICATION LIST
December 11. 1973
CONTRACTOR (CONTRACTOR 132 FAMILY)
Di etrich Company
PLUMBING
Bruce Plumbing
These licenses have been approved by the program head responsible for
the licensed activity.
n D. Frane. Village Clerk
•
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. Z"t/
AN ORDINANCE AMENDING ORDINANCE 202 RELATING TO LICENSING AND
REGULATION THE USE AND SALE OF INTOXICATING LIQUOR AND PROVIDING
A PENALTY FOR THE VIOLATION THEREOF.
The Village Council of the Village of Eden Prairie ordains as follows:
Section 1. Licensing of Employees.
Subd. 1. Ordinance 202 is amended by adding the following:
"Section 17.
Subd. 1. No person shall work as a manager, bartender, cocktail waitress,
clerk, delivery man, or in any capacity where such person sells,
serves or delivers intoxicating liquor in or from premises licensed
untodbe thise, and no
suchicense shall personithin seven it y ch person
days after
being first employed, shall apply for a license to engage in such
business. No person may be so employed for any length of time if
personse employed eineestablishments licensedd or revoked. This tpursuantltooSecti nt lony to
158.02, Subd. 3, of the City Cods described as bona fide clubs.
uor
Subd. 2. No theeso original packagefwithinsale"
thedeliveries
Village unless suchperson has
obtained a license as an employee.
Subd. 3. An application for such license shall be filed with the Village
Clrk upon bee
verified fu derorms poathdanded bshall y the Village and such application
contain the followinginformatini
(a) The names and addresses of two residents of Hennepin County,
Minnesota, who have known the applicant for a period of two
years and who will vouch for the sobriety, honesty, and
general good character of the applicant.
(b) A concise history of the applicant's previous employment.
(c) The record, if any, of arrests and of convictions for
crimes and misdemeanors other than traffic offenses.
�' 1
5. 7.-.c refer.'d to the Po7 1,..,ar-1—r.n .•'n5c„ stall
foi',... _^ th'. er:-,1-1c !.cc
re*.;c.., tY.erecn at the cerlicst practicable tine. If Police
Depart-lent reconn nds that such person be licensed, ilia Village Cler':
shall issue the liceso forthwith. If' the Police D=prartTcr_t rakes a
recc7a,:1.:.aticn that th'lire:'r:s not he issued, the aprlicnnt, upon
request, sliail to entitled to a hearing before the Vi11age Cocrcil
and nay offer evidence to prove the license should be issued.
Subd. 6. No person shall be issued a license if it appears tha t he has coreeit ted
an act which is a utillful violation of Minnesota Statutes 3h0.07
through 3110,110.
Subd. 7. Any license issued hereunder may be revoked for any violation of
this ordinance of Minnesota Statutes 3h0.07 through 3k40.h0 or
for conviction of any crime or misderv_eanor involving wore' turpitude."
Section 2. Section 17 of Ordinance 202 shall he redesignated as "Sectton 18".
First road at a regular Hooting of the Council of the Village of Eden Prairie
this and finally read, adopted and
ordered published at a regular meeting of the Council of said Village, on the
PAUL R. 1_EDPATH, Mayor o f the
Village of Edon Prairie
ATTEST:
J01111 FRAth:, Pillage Clerk ( SEAL )
-2-
CAMERA OPERATOR'S CERTIFICATE
I hereby certify that the microphotographs appearing on this roll of film are true,
accurate,and complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota Historical Society. i
AGENCY OF ORIGIN: cm OF EDEN PRAIRIE
1
RECORD SERIES: COUNCIL PACKETS
INCLUSIVE DATES/NOS: 1972 - 1975
ROLL #1
BEGINS WITH: COUNCIL PACKETS - 1972
ENDS WITH: COUNCIL PACKETS - 1973
3 /Z1/95
DATE CAMERA OPERATOR'S SIGNATURE
CMI
CONCEPT MICRO IMAGING MINNETONKI.MN
PRODUCING LABORATORY CITY/STATE
! .