HomeMy WebLinkAboutCity Council - 01/22/1974EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, January 22, 3374 7:30 p.m., Village Hall
COUNCIL MEMBERS: Mayor David Osterholt, Joan Meyers, John McCulloch,
Wolfgang Penzel, Sidney Pauly.
COUNCIL STAFF: Village Manager Robert Heinrich, Village Attorney Harlan
Peibix, Clerk John Frane .
INVOCATION PLEDGE OF ALLEGIANCE - - - ROLL CALL
AGENDA
I. MINUTES OF REGULAR MEETING HELD JANUARY 8, 1974.
II. APPOINTMENTS:
A. Board of Appugs. Five appointments for one year term. Appointments by
Mayor with ailment of Council.
B. Human Rights Commission. Three appointments for three year terms, one
appointment for one year term, two youth appointments, plus Council
Representative. Appointments by Mayor with consent of Council.
C. Residency requirement of Planning Commission members. (Memo attached)
III. PUBLIC HEARING:
A. Request for kennel operation south of 169/232, east of intersection of
169/2)2 and Riverview Road. (Attached report dated 3/16/74 from Dir. of
Community Services and report dated 3/38/74 from Village Engineer &
Commission minutes excerpts.)
Action:
B. Edenvale South Planned Unit Development. Request of Eden Land Corp.
for Planned Unit Development approval of the concept plan. (Attachments)
Action: Motion adopting Resolution No. 810 approving the Edenvale South
Planned Unit Development concept plan.
IV. PETITIONS, REQUESTS & COMMUNICATIONS.
A. j„etter dated 3/9/74 from Lower Minnesota River Watershed District. (Att.)
Action: Motion to receive and file.
V. RESOLUTIONS & ORDINANCES.
A. resolution No. 808 stating the official position of the City of Eden
Prairie with respect to proposed construction of an interchange at
County Roads 18 and 39. (Attached)
Action: Motion adopting Resolution No. 808.
B. yirst reading, Ordinance No. 248, adopting Building Codes and repealing
other ordinances relating to building. (Attached)
Action: Motion approving First Reading of Ordinance No. 248.
Council Agenda -2- January 22, 1974
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS:
A. Report of Councilman McCulloch: Suburban Rate Authority meeting held
January 16, 1974.
B. Report of Councilman Wolf Penzel: South Hennepin Human Services Board
meeting held January 16, 1974.
C. Report of Councilwoman Meyers: Actiiities of Southwest Suburban Cable TV
Study Commission. (Attachment)
D. Reports of Village Engineer:
1. Appro ve Change for Contract 51-252
LamPria Construction, Inc., W, 78th St. Sanitary Sewer. (Copy of
C.O. No. 1 and explanatory memo attached)
Action: Motion approving Change Order No. 1 for LC. 51-252, Project
SAN 72-7-25 in the estimated amount of $17,850 additional.
2. Accept for ownership and continuous maintenance the streets and
utilities in Round Lake Estates 1st Addition.
Action: Motion upon recommendation of the Village Engineer and subject to
a one year warranty of all materials and workmanship commencing
January 22, 1974, accepting for ownership and continuous mainte-
nance the sanitary sewer, watermain, storm sewer, concrete curb
and gutter, and street surfacing in Round Lake Estates 1st Addn.
3. Authorize Black & Veatch, Consulting Engineers, to prepare operation
and maintenance manuals for the lime disposal and wash recovery
systems at the Water Treatment Plant. (Letter-proposal from B&V att.)
Action: Motion authorizing Black & Veatch to prepare operation and mainte-
nance manuals for the Water Treatment Plant, per their letter-
proposal dated 1/4/74 at a cost not to exceed $4,800.
4. Resolution No, 809 requesting Engineering and Technical Assistance
for the coming year from the Minnesota Highway Department. (Res.att.)
Action: Motion adopting Resolution No. 809 requesting Engineering and
Technical Assistance for the coming year from the Minn.Hwy.Dept.
5. Approve Final Payment to Scan Construction • Inc. for Section C of
Improvement Contract 51-254, Water Reservoir Project WTR 71-8-31.
Action: Motion upon recommendation of the Village Engineer and subject to
a one year warranty of all materials and workmanship commencing
1/22/74, final payment to Scan Construction, Inc. be approved for
Project WTR 71-8-33, Eect. 1 (t.C. 51-254) in the amount of
$41,617.50, less all previous payments.
Council Agenda -3- January 22, 1974
VI. REPORTS OF OFFCERr. , BOARDS & COMMISSIONS (CONT.)
E. Reports of Village Attorney:
Beport of condemnation award for the Savran property.
2. Report on condemnation award for the Gorra property.
3. Legal opinion on whether a restaurant with liquor license is per-
mitted in (-2 zoning district.
F. Reports of Village Manager:
1. Report on Assessing Division. (Memo attached)
Action:
2. Establishing of office hours for the Village Hall. (Attachment)
Action: Motion establishing office hours at the Village Hall to be 8 a.m.-
4:30 p.m.
3. Discussion on the formation of a Board of Appeals to assure reason-
able interpretations of the provisions of the Uniform Building Code.
(Attachment)
Action:
4. Report on United Way Campaign. (Attachment)
5. Discussion of special bill permitting reassessment of Major Center
Ring Road. (Attachment)
6. ,Discussion of Community Education Program. (Attachment)
Action: Recommendation for inclusion on agenda of Joint Mtg. of Village
Council and School Board to be held Thursday, January 31,1974.
7. Set a date and time to meet with the Airport Study Group to learn
Metropolitan Airport Commission's plans for Flying Cloud Airport.
8. Reminder: Eden Prairie Center Design Preview to be held Wednesday
evening, January 23, 1974.
9. Consideration of Resolution No. 811, establishing a policy that no
rezoning applications shall be officially considered at any intersec-
tion along T.H. 5 until such time as the State Highway Department
conducts the design hearing for the future construction of U.S.212.
Action: Motion adopting Resolution No. 811.
G. Report of Village Clerk:
Village Clerk's Recommended License Application List dated 1/22/74.(!t. ;
Action: Motion approving License Application List.
Council Agenda -4- January 22, 1974
WI. FINANCES.
A. Payment of Clams No. 3369 - 3445. (Attached)
Action: Motion approving Payment of Claims No. 3369 - 3445.
VIII. ADJOURNMENT .
MINUTES
EDEN PRAIRit VILLAGE COUNCIL
TUESDAY, JANUARY 8, 1974 7:30 P.H. VILLAGE HALL
Council Members: Mayor David Csterholt, Joan Meyers, John McCullbch,
Wolfgang Penzel, Sidney Pauly
Council Staff: Village Manager Robert Heinrich
Village Clerk John Frane
Village Attorney Harlan Perbix
I.ADMINISTRATION OF OATH OF OFFICE BY VILLAGE ATTORNEY FOR MAYOR
DAVID OSTERHOLT AND COUNCILWOMAN SIDNEY PAULY.
II.INVOCATTON -- PLEDGE OF ALLEGIANCE -- ROLL CALL.
III.MINUTES OF REGULAR MEETING HELD DECEMBER 26, 1973.
A motion was made by Mr. Penzel seconded by Mrs. Meyers to approve
the minutes of the December 26, 1973, meeting as published. Motion
carried unanimously.
IV.ELECTION OF ACTING MAYOR.
A motion was made by Mr. Penzel to nominate Mrs. Meyers as acting
mayor in view of her past performance as acting mayor and her dedi-
cation of many hours to her Village function. Mrs. Meyers seconded.
A motion was made by Mr. Pauly seconded by Mr. McCulloch nominating
Mr. ncCulloch as acting mayor.
In regard to Mrs. Meyers nomination, on roll call, Mr. Penzel and
Mrs. Meyers voted aye; Mrs. Pauly and Messrs. Osterholt and McCul-
loch voted nay. Motion defeated.
On roll call, Mrs. Pauly and Messrs. Osterholt and McCulloch voted
aye on the motion nominating Mr. McCulloch. Mrs. Meyers and Mr.
Penzel voted nay. notion carried.
Mr. OcCulloch expressed concern with the results of the election
saying that the election should be unanimous. Therefore, a motion
was made by Mr. McCulloch rescinding the previous action of his
election to the position of acting mayor. Mayor Osterholt seconded.
Motion carried unanimously.
A motion was made by Mr. McCulloch seconded by Mayor Osterholt nomi-
nating Mrs. Meyers as acting mayor. notion carried unanimously.
V.OFFICIAL DESIGNATIONS.
A. Resolution No. 797-1974 Meeting Dates and Times.
A motion was made by Mr. Penzel seconded by Mr. McCulloch approv-
ing Resolution No. 797, designating the official meeting dates,
time and place for the Village of Eden Prairie Council Members
In 1974. Motion carried unanimously.
Council Meeting -2- January 8, 1974
V.OFFICIAL DESIGNATIONS (Continued)
B. Resolution No. 798-Official Publication.
A motion was made by Mrs. Meyers seconded by Mr. Penzel to ap-
prove Resolution Ho. 798 designating the Eden Prairie SUN as
the official newspaper for 1974. Motion carried unanimously.
C. Resolution Ho. 799-Official Depository for Village Funds.
A motion was made by Mrs. Meyers seconded by Mr. McCulloch to
approve Resolution no. 799 designating the First National Bank
of Hopkins as the official depository. Motion carried unani-
mously.
D. Resolution No. 800-Investment Authorization.
A motion was made by Hr. Penzel seconded by Mrs. Meyers approv-
ing Resolution No. 800 granting the treasurer authority to in-
vest Village funds. Motion carried unanimously.
E. Resolution No. 801-Signatory Authorization.
A motion was made by Mr. Penzel seconded by Mr. McCulloch to
approve Resolution Mo. 801 granting authorization to the mayor,
manager, and treasurer to act for the Village in the transactbn
of any banking business with the First National Bank of Hopkins.
Motion carried unanimously.
F. Resolution No. 802-Facsimile Signatory Authorization.
A motion was made by Mrs. Meyers seconded by Mr. Penzel approv-
ing Resolution No. 802 authorizing use of facsimile signatures
by public officials. Motion carried unanimously.
VI .APPOINTMENTS.
A. Suburban Rate Authority - Director and Alternate Director.
Resolution No. 804. Appotntments by Council.
A motion was made by Mrs. Meyers seconded by Mr. Penzel to
approve Resolution No. 804 designating Carl Jullie as Director
and John McCulloch as Alternate Director to the Suburban Rate
Authority. Motion carried unanimously.
B. Suburban League of Municipalities - Representative and Alter-
nates. Appointments by Council.
It was moved by Mr. Penzel seconded by Mr. McCulloch to appoint
Mayor Osterholt as Representative and the entire Council as
Alternate Representatives to the Suburban League of Municipali-
ties. Motion carried unanimously.
Council Meeting -3- January 8, 1974
VI.APPOINTMENTS (Continued)
C. Metropolitan League of Municipalities - Representative and
Alternates. Appointments by Council.
A motion was made by iir. McCulloch seconded by Mr. Penzel to
appoint Mrs. Pauly as Representative and the entire Council as
Alternate Representatives to the Metropolitan League of Muni-
cipalities. Motion carried unanimously.
D. South Hennepin Human Services Council - Appointment of three
Representatives. Appointments by Council.
A motion was made by Mr. McCulloch seconded by Mrs. Meyers
appointing Mr. Penzel and Mr. Heinrich as Representatives to
the South Hennepin Human Services Council. Motion carried
unanimously. Appointment of the third representative will be
made at a later meeting.
E. CATVStudy Commission - A2pointment of Council Representative
and Village Manager. Appointments by Council.
It was moved by Mr. McCulloch and seconded by Mr. Penzel to
appoint Mrs. Meyers as Council Representative and Village
Manager Robert Heinrich to the CATV Study Commission. Motion
carried unanimously.
F. Board of Appeals - Five appointments for a one year term.
Appointments by the Mayor with the consent of the Council.
Appointed to this Board should be one Council Member, one
Planning Commission Member and three citizens of the Village.
In light of this distribution of membership a motion was made
by Mrs. Pauly seconded by Mrs. Meyers to delay action on the
appointments until the January 22 Council meeting. Motion
carried unanimously.
G. Planning Commission - Two appointments for three year terms
plus Council Representative. Appointments by Council.
A motion was made by Mr. Penzel seconded by Mr. McCulloch to
appoint Hrs. Meyers as Council Representative and Messrs. Don
Sorensen and Andrew Daniluk as two-year members to the Plan-
ing Commission. Motion carried unanimously.
H. Park and Recreation Commission - Three appointments for three
year terms, one youth appointment, plus Council Representative.
Appointments by Council.
A motion was made by Mr. Pauly seconded by Mr. McCulloch to
appoint Messrs. Francis Helmer and Marvin Erickson as three-
year members and Mr. Penzel as Council Representative to the
Park and Recreation Commission. Motion carried unanimously.
The remaining three-year appointment and youth appointment
will be made at a later Council meeting.
Council Heeting -4- January 8, 1974
VI.APPOINTOENTS (Continued)
I. Human Rights Commission - Three appointments for three year
terms, one appointment for one year term, two youth appoint-
ments, plus Councirittpresentative. Appointments by Council.
A motion was made by Ors. Pauly seconded by Mrs. Meyers to
delay appointing members to this Commission until the
January 22 Council meeting. Motion carried unanimously.
J. Village Attorney. Appointment by Manager subject to approval
of Council.
A motion was made by Mrs. Meyers seconded by Mrs. Pauly to
appoint Harlan Perbix as Village Attorney. Motion carried
unanimously.
VII.OTHER APPOINTMENTS - None.
VIII.PUBLIC HEARINGS.
A. Request for kennel operation south of 169/212, east of inter-
section of 169/212 and Riverview Road. (Letter dated Decem-
ber 27, 1973, from Lower Minnesota River Watershed District
and Commission minutes provided to Council members).
Hr. Putnam showen the project area with a slide presentation.
He stated that Browning Ferris, developers to the east of
the site, have indicated dedication of the bluff land as have
Hustads. Mr. Stanley, a bluff property owner has expressed
his preference of only agricultural/rural use of the bluff
area. Mr. Putnam stated that an alternative to rezoning the
property to Commercial would be to permit kennel use under
the agricultural/rural zoning. This use, unfortunately, is
omitted from the ordinance and Mr. Perbix has been consulted
for a legal opinion.
Jayor Osterholt asked Messrs. Brill and Sorensen, the latter
being Hr. Drill's attorney, if a delay would be objectionable.
He further commented that Mrs. Schee, Planning Commission
Chairwoman, requested that action be delayed. Mr. Sorensen
replied that a two week continuance would be satisfactory
during which time Or. Brill would have an opportunity to pro-
vide input for the Council. He added that Mr. Brill has been
operating the kennel for five years and has been looking for
land to relocate since he cannot remain at his present site
after this year.
Hr. Jessen reported on the Lction taken by the Park and Recre-
ation Commission which met prior to the Council meeting. The
Commission strongly recommended in favor of adhering to the
Guide Plan which specifies open space for the bluff area. The
Watershed has been contacted about funds for the land acquisi-
tion and the Commission urges acceptance of the Watershed's
proposal to acquire parcels under immediate development pres-
sure with the Village to buy in at 50% within a five year
period. A written report was requested by Mayor Osterholt.
Council Meeting -5- January 8, 1974
VIII.A. Request for kennel operation (Continued)
When Mrs. Meyers asked how many acres would be involved in the
five-year buy-back plan, Mr. Jessen answered about 20 acres--
six parcels.
Mr. Putnam expressed the feeling that perhaps the Planning
Commission would like to look at Mr. Brill's request again in
light of the recent developments.
A motion was made by Mr. Penzel seconded by Mrs. Pauly to con-
tinue the public hearing on the kennel operation request until
the January 22, 1974, Council meeting. Motion carried unani-
mously.
A motion was made by Mrs. Meyers seconded by Mr. Penzel to
place the request for kennel operation by Mr. Brill on the
Planning Commission agenda of January 15, 1974. Motion carried
unanimously.
B. Basswoods dl site, proposed by M. Z. Jones Associates for rent-
al apartments located on 17.09 acres in the Preserve, north of
the East/West Parkway and south of the school/park site. Re-
questing rezoning from Rural under P.U.D. 70-3 to PM 2.5 multi-
ple family residential.
Mr. Putnam highlighted the Preserve developmental history and
status within the P.U.D. numerous housing types are available-
single family detached, single family attached, condominiums,
apartments. Explained was the transition from single family to
townhouse to apartments--the latter of which is now being pro-
posed. Referred to was the Planning Staff report of December
26, 1973.
Mr. Scott Godin of Mark Z. Jones and Dick Schwarz, architect
and planner outlined the site proposal. Two types of housing
would be provided on the site--family oriented multiple units
and an apartment corridor building with underground parking and
security system. The problem of placement of the buildings on
the site was tackled and wrestled with, said Mr. Godin, and it
was decided to place the multiple units closer to the school
site and park area as the units would house families more apt
to use them. The multiple unit area would have auto courts and
pedistrian courts, the latter of which would open onto the open
space. A pathway system will connect this area with others in
the Preserve.
The two and three story corridor apartment buildings will be
placed on the more linear site overlooking the park land. The
building will be serviced by underground parking. Mr. Godin
stated that when the church site was decided upon, economics
dictated the density and land use. An honest difference of
opinion about the situation of the buildines exists between the
developer and Mr. Putnam, said Mr. Godin.
Council Meeting -6- January 8, 1973
VIII.B. Basswoods dl site (continued)
Mr. Putnam reviewed his recommendations a
n
d
s
a
i
d
t
h
a
t
g
i
v
e
n
the site the developers have done a good
j
o
b
s
i
t
i
n
g
t
h
e
b
u
i
l
d
-
ings but it is his opinion that the buildin
g
s
d
o
n
o
t
b
e
l
o
n
g
where they are sited. The corridor buildin
g
c
o
m
e
s
o
f
f
a
s
a
wall of building. Double loading requires
a
l
i
n
e
a
r
b
u
i
l
d
i
n
g
resulting in some units orienting to the a
u
t
o
c
o
u
r
t
.
A
n
o
t
h
e
r
problem is that parking occurs at the same
g
r
a
d
e
a
s
t
h
e
f
i
r
s
t
floor.
Hr. Penzel asked about the walkway system
t
o
w
h
i
c
h
M
r
.
C
a
r
t
e
r
replied that the system will be presented
w
h
e
n
B
a
s
s
w
o
o
d
s
projects have been approved. Until that t
i
m
e
i
t
w
o
u
l
d
b
e
futile to determine a pathway system as t
h
e
r
e
a
r
e
t
o
o
m
a
n
y
loose ends.
In answer to questions from Mr. Osterholt
,
M
r
.
P
u
t
n
a
m
s
t
a
t
e
d
that the church and school site dedicatio
n
w
a
s
m
u
t
u
a
l
l
y
a
g
r
e
e
d
upon by the developer and Village; the traf
f
i
c
v
o
l
u
m
e
f
r
o
m
t
h
e
dl site would not create any undue problems
s
i
n
c
e
e
n
t
r
a
n
c
e
s
would be made onto a collector then the E-W
p
a
r
k
w
a
y
;
t
h
e
r
e
-
lationship between the single family and co
r
r
i
d
o
r
b
u
i
l
d
i
n
g
i
s
sati ,tf -ctory as there is a natural break between
t
h
e
t
w
o
.
The minutes of the Planning Commission mee
t
i
n
g
o
f
J
a
n
u
a
r
y
3
were distributed.
A motion was made by Mr. Penzel seconded b
y
M
r
.
M
c
C
u
l
l
o
c
h
t
o
continue the public hearing to the Februar
y
1
2
C
o
u
n
c
i
l
m
e
e
t
i
n
f
and refer the proposal back to the Plannin
g
C
o
m
m
i
s
s
i
o
n
f
o
r
r
e
.
evaluation of:
a. Number of units proposed.
b. Relative location of apartment type unit b
u
i
l
d
i
n
g
s
(Planners recommendation of having them o
n
t
h
e
w
e
s
t
e
r
ly portion of the site)
c. Design of larger buildings particularly i
n
r
e
g
a
r
d
t
o
their physical shape (long buildings not
a
p
p
e
a
l
i
n
g
)
.
Motion carried unanimously.
IX.PETITIONS, REQUESTS AND COMMUNICATIONS.
A. Letter from Minnesota Highway Department dated December 27,
1973 concerning intersection of T.H. 5 at
M
i
t
c
h
e
l
l
R
o
a
d
.
A motion was made by Mr. McCulloch second
e
d
b
y
M
r
.
P
e
n
z
e
l
t
o
receive and File the December 27, 1973, l
e
t
t
e
r
f
r
o
m
t
h
e
S
t
a
t
e
Highway Department. Motion carried unanimo
u
s
l
y
.
B. Letter from Mr. John Suback dated December 21, 1973, in suppr
of liquor license application.
A motion was made by Mr. Penzel seconded b
y
M
r
s
.
M
e
y
e
r
s
t
o
r
ceive and file Mr. Suback's letter and to
i
n
s
t
r
u
c
t
t
h
e
M
a
n
a
g
,
to publish notice of public hearing for re
z
o
n
i
n
g
i
f
n
e
c
e
s
s
a
r
and for application of liquor license for
F
e
b
r
u
a
r
y
1
2
.
M
o
t
i
carried unanimously.
Council Meeting -7- January 8, 1974
X.RESOLUTIONS AND ORDINANCES
A. Resolution Mo. 796 authorizing the issuance of on-sale liquor
license for Brem Corp. (Eden House Supper Club on Flying Cloud
Drive).
The Council was familiarized with the previous action taken.
Mr. Heinrich stated that the Planning Commission had considered
the proposal and approved the site and land use. Although the
Smetana Lake area is under study, the heavy industrial use
could support a good restaurant.
When Mr. Penzel requested information regarding the applicants'
intentions about signing, Mr. Haugen stated that the sign on
top of the building would be eliminated and a sign placed at
the front of the property.
A motion was made by Mr. McCulloch seconded by Mr. Penzel to
adopt Resolution No. 796 authorizing the issuance of an on-sale
liquor license for Brem Corporation subject to compliance with
the the recommendations made by the Fire and Building Inspector
Ed Sherman in his memo to Mr. Heinrich, Village Manager. Motion
carried unanimously.
B. Second Reading, Ordinance ;fe. 245, an ordinance relating to
conduct on school grounds.
A motion was made by Mrs. Meyers seconded by Mr. Penzel approv-
ing the second reading of Ordinance No. 245. Motion carried
unanimously.
C. Second Reading, Ordinance Ho. 246, ordinance containing regula-
tions for the use of Anderson Lakes.
A motion was made by Or. Penzel seconded by Mr. McCulloch to
approve the second reading of Ordinance Mo. 246. Motion car-
ried unanimously.
Mayor Osterholt requested that the staff investigate what
measures Bloomington has taken to control the use of Anderson
Lakes.
XI.REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Reports of Village Engineer:
1. Consideration of Plans and Specifications for Project SIN
73-4-17.
Mr. Jullie reported that this project had been ordered by
the Council on August 28. Construction will consist of
11,000 feet of storm sewer and 230,000 yards of excavation
work for drainage ponds. The estimated cost is $725,000
with the cost assessed to all properties within the drainage
area. Bids will be called and a recommendation to the
Council made February 12, 1974.
Council Meeting -8- January 8, 1974
XI.A. 1. Project STM 73-4-17 (Continued)
A motion was made by Mr. Penzel seconded by Mrs. Meyers to
adopt Resolution Ho. 805, approving Plans and Specificatias
for Project SIM 73-4-17, Improvement Contract No. 51-259,
Neill Lake District Improvements and ordering advertisement
for bids. Motion carried unanimously.
2. Approve Hennepin County Plans and Specifications for Project
6019.
The Council was familiarized with the project and area. The
new bridge to be placed north of the present structure
would be 44 feet wide and 230 feet long. In answer to Mrs.
Meyers' question, Mr. Jullie stated that the two ten-foot
shoulders would permit pedestrian or bike passage.
Mrs. Pauly voiced conern about the Lakeland Terrace area
residents and suggested that they be informed of the action
of the County.
A motion was made by Mr. McCulloch seconded by Mrs. Meyers
to adopt Resolution No. 806 approving plans, specifications
and special provisions for Hennepin County Project 6019.
Motion carried unanimously.
3. Accept for continuous maintenance various new streets and
utilities.
A motion was made upon the recommendation of the Village
Engineer by Mrs. Meyers seconded by Mr. Penzel to accept
for continuous maintenance subject to a one-year warranty
commencing January 8, 1974, the following streets and
utilities:
a. Creekwood Estates 1st Addition: sanitary sewer, water-
main, and storm sewer.
b. Edenvale 7th Addition: sanitary sewer, watermain,
storm sewer; bituminous surfacing, concrete curb and
gutter on Summerhill Drive.
Motion carried unanimously.
4. Approve Final Payment to C. S. McCrossan, Inc. for Mitchell
Road Project SIR 72-3-05.
A motion was made by Mr. Penzel seconded by Mrs. Pauly to
approve final payment to C. S. McCrossan, Inc. for Mitchell
Road Project SIR 72-3-05 (I.C. 51-250) in the amount of
$303,653.77, less all previous payments and subject to a
one-year warranty of all materials and workmanship commenc-
ing January 8, 1974. Payment is approved upon the recommen-
dation of the Village Engineer. On roll call, all voted
aye. Motion carried.
n Council Meeting -9- January 8, 1974
XI.B. Reports of Director of Community Services:
1. Consideration of options to purchase Brown and Blacklock
properties on Anderson Lakes for park purposes.
Mr. Jessen reviewed the present status of land acquisition
around Anderson Lakes. His memo of January 4 explaining the
purchase terms for the Brown and Blacklock properties was
highlighted. The purpose of having a contract for deed, said
Mr. Jessen, is to give the seller a tax advantage and the
Village immediate access to title which is necessary to ob-
tain funding.
Mayor Osterholt expressed concern about the purpose of the
Brown property. If the Gorra property purchase is not con-
summated, the Village might not wish to be holding the Brown
land. If this should happen, said Mr. Jessen, the Village
could sell the property for other use.
A motion was made by Mrs. Meyers seconded by Mr. Penzel to
authorize the purchase by contract for deed of the Brown and
Blacklock properties on Anderson Lakes as per the purchase
agreement under cover of Mr. Jessen's memo of January 4,1974.
On roll call, all voted aye. Motion carried.
Mr. Jessen was instructed by the Council to contact the State
Planning Agency to advise them of the status of our land
acquisition efforts at Anderson Lakes, particularly the Gorra
condemnation proceedings.
C. Reports of Village Manager:
1. Discussion of resignation of Village Assessor.
Mr. Ken Chambers will be assuming the position of Director of
Administration in Robbinsdale and his last day with the Vil-
lage is January 11. The Village will have the option of
either replacing Hr. Chambers or contracting with the County.
2. Discussion of SUN newspaper editorial.
Steps are being taken at the Staff level to correct the
situation. Employees are being briefed on co-workers'
responsibilities and the whereabouts of public requested
information.
3. Discussion of orientation program and tour of Village facili-
ties for Village Council.
Mr. Heinrich offered to set up orientation meetings and a
tour at the Council's convenience. It was suggested by
Mayor Osterholt to wait until warmer weather for the tour.
Council Meeting -10- January 8, 1974
XI.C. Reports of Village Manager (Continued)
4. Discussion of training for Village Staff provided by Wilson
Learning,
Mr. Heinrich reported that fourteen employees took advantage
of the training program which was felt to be very beneficial.
5. Valley View Interchange Hearing.
The hearing will be held at the Valley View Junior High re-
garding the Valley View interchange on January 17 at 7:30
P. N. The proposal, said Mr. Heinrich, is consistent with
the Guide Plan.
XII. FINANCES
A. Payment of Claims No. 3298 - 3367.
A motion was made by Mr. Penzel seconded by Mrs. Pauly to
approve for payment Claims No. 3298 - 3367. On roll call, all
voted aye. Motion carried.
B. CaSh and Investment Report.
A motion was made by Mrs. Meyers seconded by Mr. Penzel accept-
ing the Cash and Investment Report dated December 31, 1973.
Motion carried unanimously.
C. Water and Sewer Bond Sale extended until February 12, 1974
A motion was made by Mr. Penzel seconded by Mrs. McCulloch to
extend the sale of General Obligation Water and Sewer Bonds to
February 12, 1974. Motion carried unanimously.
A motion was made by Mr. Penzel seconded by Mrs. Meyers to adjourn
the January 8, 1974, Council meeting at 12:05 a.m. Motion carried.
Suzanne K. Lane, Deputy Clerk
DATE: January 16, 1974
TO: Mayor & Council,Members
FROM: Village Manager
SUBJECT: RESIDENCY REQUIREMENT OF PLANNING COMMISSION MEMBERS
Not until after the short biographies of the new Planning Commission members were
written was it learned that Mr. Andrew Daniluk, newly-appointed Planning Commission
member, does not meet the residency requirement of the Planning Commission
ordinance. Mrs. Meyers brought the matter to my attention and suggested that the
Village Council discuss the possibility of amending the Planning Commission
ordinance. Currently the ordinance requires a three year residency in the Village
of Eden Prairie for eligibility as a Planning Commission member. Mr. Daniluk
moved to the Village in April, 1972.
I talked to Harlan Perbix about this matter, and he said the Council has two choices:
1. Appoint someone to the Planning Commission who meets the
residency requirements, or
2. Amend the Planning Commission ordinance removing or reducing
the residency stipulation.
RPH:kg
DATE:
TO:
THROUGH:
FROM:
SUBJECT:
January 16, 1974
Mayor & Council Members
Robert P. Heinrich Village Manager
Marty lessen, Director of Community Services /4.r.
KINGDALE KENNELS PROPOSAL TO LOCATE ON MINNESOTA
RIVER BLUFFS
The Eden Prairie Park and Recreation Commission at a spe
c
i
a
l
m
e
e
t
i
n
g
o
n
January 8, 1974, passed the following resolution:
"Moved by Anderson, seconded by Eisch that the Park and R
e
c
r
e
a
t
i
o
n
Commission reconsider their recommendation to the Counci
l
o
n
t
h
e
Kingdale Kennels proposal, and at this time recommend tha
t
t
h
e
C
o
u
n
c
i
l
take advantage of the Lower Minnesota River Watershed
D
i
s
t
r
i
c
t
'
s
offer to purchase the property involved, as exemplified by
M
r
.
H
a
i
k
'
s
letter of 12/27/73. Motion carried 4-1, with 1 abstention
.
"
The total acreage in the central bluffs area for which open s
p
a
c
e
c
o
m
m
i
t
m
e
n
t
s
have not been received amounts to 42.21 acres +. There a
r
e
s
e
v
e
n
s
e
p
a
r
a
t
e
parcels within this area and five individual land owners (M
a
r
t
y
G
r
i
l
l
o
w
n
i
n
g
three of the parcels involved totaling slightly over 20 ac
r
e
s
)
.
In an effort to secure the financial wherewithal to acquire
t
h
i
s
l
a
n
d
t
o
p
r
o
t
e
c
t
it for open space uses consistent with the Guide Plan, the L
o
w
e
r
M
i
n
n
e
s
o
t
a
R
i
v
e
r
Watershed District was contacted. Initially the District in
d
i
c
a
t
e
d
t
h
a
t
t
h
e
y
would assist in the acquisition of land within the District
b
o
u
n
d
a
r
i
e
s
,
p
a
y
i
n
g
u
p
to 50% of the acquisition cost. An analysis of the Village
'
s
p
r
e
s
e
n
t
f
i
n
a
n
c
i
a
l
capability in parkland acquisition indicated that we did no
t
h
a
v
e
t
h
e
m
o
n
e
y
available to come up with the other 50% at this time. The
D
i
s
t
r
i
c
t
w
a
s
a
d
v
i
s
e
d
of this consideration, and subsequently offered to purchas
e
t
h
e
p
r
o
p
e
r
t
y
,
u
s
i
n
g
100% Watershed District funds with the understanding that
t
h
e
V
i
l
l
a
g
e
w
o
u
l
d
b
u
y
back the land within a specified period of time and a spec
i
f
i
e
d
c
o
s
t
s
h
a
r
i
n
g
arrangement. I have advised Mr. Haik in a letter dated J
a
n
u
a
r
y
1
4
,
1
9
7
4
,
t
h
a
t
It is Eden Prairie's feeling that a 50-50 cost sharing and a
f
i
v
e
y
e
a
r
p
a
y
b
a
c
k
period would suit our present financial situation. He has
i
n
d
i
c
a
t
e
d
i
n
f
o
r
m
a
l
l
y
that these terms are different than the terms previously ap
p
r
o
v
e
d
b
y
t
h
e
D
i
s
t
r
i
c
t
,
but he sees no reason why the District cannot participate
o
n
t
h
i
s
b
a
s
i
s
.
The District, in their letter of 12/27/73, made it clear that
t
h
e
y
w
e
r
e
i
n
t
e
r
e
s
t
e
d
in "advance acquisition" of only those parcels under imm
e
d
i
a
t
e
d
e
v
e
l
o
p
m
e
n
t
pressure. Mr. Brill has an agreement with Mr. Grill to purc
h
a
s
e
a
p
p
r
o
x
i
m
a
t
e
l
y
111 acres for the kennel site. This is the parcel under imme
d
i
a
t
e
d
e
v
e
l
o
p
m
e
n
t
pressure. Mr. Grill owns another 8.77 acres for which no i
m
m
e
d
i
a
t
e
p
l
a
n
s
h
a
v
e
been identified. I would suggest that in defining land unde
r
i
m
m
e
d
i
a
t
e
d
e
v
e
l
o
p
-
ment pressure we include the entire 20+ acres presently ow
n
e
d
b
y
M
r
.
G
r
i
l
l
.
Prior to his resignation, Ken Chambers assisted in developi
n
g
s
o
m
e
p
r
e
l
i
m
i
n
a
r
y
cost estimates for the acquisition of this land. It is our "g
u
t
r
e
a
c
t
i
o
n
"
t
h
a
t
t
h
e
cost of this property in its present condition might be in
the range of $81,200.
Mr. Grill has indicated in informal discussions that he fee
l
s
t
h
e
l
a
n
d
h
a
s
a
h
i
g
h
e
r
value than our estimates. It is not known whether or not w
e
c
a
n
p
u
r
c
h
a
s
e
t
h
e
property other than through eminent domain proceedings. .3E4
'Page 2
It is the Watershed District's intention that they would proceed to acquire the
land, using the staff available to them. In other words, probably Mr. Haik,
attorney for the District, would have appraisals prepared on the property and
conduct the negotiations and legal transactions required to acquire the property.
Once a price is agreed upon by the seller, the appropriate cooperative agreements
between the District and Village would be finalized and the terms of the "buy back"
would be finalized.
In trying to analyze the "total effect" of the kennel proposal on the open space
and recreational use of this area, I have asked Carl Nine, Village Engineer, to
prepare cost estimates for the necessary safety improvements at the intersection
of 169 and Riverview Road. In addition, the cost of other upgrading of the road
such as dust control and/or surfacing is also being estimated. Finally, the
concept of closing Riverview Road to automotive travel and turning it over to
multi-use trail uses has been discussed at length by the Park and Recreation
Commission. I have asked Mr. jullie to estimate the cost of constructing a
limited multi-use trail, that is, hiking and biking, in conjunction with the road
if it is continued as an automobile system. It seems appropriate to analyze this
cost against the cost of land acquisition, which would leave open the option of
using the road bed for these multiple use trails.
MJ:kg
MEMO
TO: Robert P. Heinrich, City Manager
FROM: Carl J. Jullie, City Engineer
RE: Upgrading of Riverview Road
DATED: January 18, 1974
The proposed kennel operation on the M. F. Grill property at the southwest
corner of Section 28-116-22 will require some improvements on Riverview
Road because of the resulting increase in traffic volumes that would be
expected.
Riverview Road as it exists today between Homeward Hills Road and U.S. 169-
212 is a dirt roadway about 18 feet wide and cut into the river bluff about
20 to 30 feet above the Minnesota River. Tha road now serves only a few
residential homes and normal maintenance consists of periodic leveling with
a
motor grader and erosion control along some of the steep banks. The horizontal
and vertical geometries of the roadway at the intersection of U.S. 169 are v
e
r
y
poor and must be corrected prior to any new development in the area.
The proposed kennel site would generate about 40 to 50 trips per day. This
increased traffic would require the following improvements on Riverview Road
:
1. Improve the geometries at the U.S. 169 Intersection:
Est. Cost = $3,000
2. Install gravel base and a bituminous mat 24' wide from U.S. 169
to the kennel site.
Est. Cost = 3000' @ $8.00/ft = $24,000
3. A left turn by-pass lane on westbound U.S. 169 at the Riverview
Road intersection would be very desirable in view of the steep
grade and high speeds on U.S. 169 at this location:
Est. Cost = 500' @ $15/ft = $7,500
4. A street light would be needed at U.S. 169:
Cost/Yr = $50
5. A heavy seal coat for dust control would be very desirable on the
remaining portion of Riverview Road over to Homeward Hills Road.
Est. Cost = $6,600
okY
January 18, 1974
Page 2
The total estimated costs of the above described improvements is approximately
$41,000. Amore complete study would be necessary to determine how these costs
would be assessed to the benefitting properties.
With regard to a trailway along Riverview Road for pedestrians, bikes and
horses, I would suggest that the existing roadbed be utilised for this purpose.
Because of the steepness of the slopes and the fine granular wails in the area,
cutting into the bluff outside of the roadbed could result in serious erosion
problems.
A bituminous pathway, 8' wide along the south side of the existing roadway mould
cost about $3 per foot. If the path were constructed outside of the existing
roadway, the cost might be doubled because of extra grading cost, drainage
structures and erosion contrgis necessary.
CM: jr
"mt
V15/74 Planning Commission Minutes
13. Bruce Drill, Kingdale Kennels. Request for rezoning approval for kennel
located south of h159 and north of Riverview' Road directly south of Flying
Cloud Airport. Referred to Commission from Council for further examination
of recent information.
The Lower Minnesota Water Shed District responded to the Park and Recreation
request of purchasing the land that they would pay the total cost of acquisition
and that the Village could pay back 50% of it over a period of time. The Village
Park and Recreation Commission decided that this would be a good course
to follow.
Mr. Sorensen asked i' the boundary question was resolved. The Planner said
that the boundary stops at the slope and it is within the Watershed District.
Mr. Stanley, a resident west of the proposed Brill property, had written a letter
to the Council requesting information • and said that the Guide Plan shows the
areas as Open Space and that he has acted accordingly. He wishes to know what
impact the kennel would have on his property.
Mr. Putnam, referrig to the Brill Staff Report, January 7, 1974, stated
that a kennel is specifically prohibited in rural districts. An option available
is to change the wording in the definition section for "agriculture" to allow
for the raising of animals in rural areas. Meyers felt that Ord. 13 • 15C,
would also have to be changed because it prohibits in rural or residential
if less than 1 acre lots.
he Planner stated that presently a kennel belongs in commercial or industrial;
yet it is not reasonable to build houses or care for animals in such areas.
Other possibilities would be to zone to public or quasi-public consistent with
the Guide Plan if such use can be interprepted by the Council as beneficial to
the public.
.The re"-emill'-mdations tt .er tao givrm by 'Mr. Putnam.
•
1. The Village enter into a joint :-,_Tireement with the lower Minnesota
Watershed District to purchase the two pa rcets,tutaling;approximately
p.tA-es. cf the talici on the iIuf ,twe,m piver ,:icw and 16c) owned by
Marty Grit!, und,r going considerable development pressure. And -
that the Village Staff investi:.;ate alternate locations to enable Kingdale
Kennels to locate within Eden Prairie prior to January 1, 1975.
2..if the Village Council does not wish to exercise the option presented
by the Lower Minnesota Watershed District for the purchase of the
property on the Bluffs south of 169, then the proposal by Mr. Bruce
Brill, of Kingdale Kennels, for the construction of an animal kennel
and ultimately two single-family homes, could be accepted if the
property is zoned rural with ac:!ompanying changes to Ordinance
135 or to public or quasi-public with appropriate Ordinance changes.
0. if the !-Zingdale proposal is approved then cost estimates for the
up-grading of Riverview Road s'retild be prepared by the Village Engineer
and presented to all property owners in that area with an estimate
of the development cost for such up-grading as required by the traffic
volumes produced by Kingdale Kennels. Also, definition by the Village
of additional parcels and their development potential should be
studied to insure that adjacent owners are given adequate protection
for their existing and future uses.
4. Direct the Village Staff to research and define conditions and specifications
whish would allow the proper buffeeing of such uses as stables and
kennels from adjacent uses in a satisfactory manner.
Mrs. Schee the asked Mr. Stanleyfor questions or comments. StanleYstated
no objection to the kennel as sucn but wanted to know what he could sell his
property for in the future if there is a kennel next door. He also raised the
question of who would carry the burden improvements, and if the area
is rezoned now, can he expect the same treatment in the future.
Schee then asked Mr. Brill for his response to locating in Bryant hake.
Mr. Brill said that it was not financially possible because money for kennel
building on Park Property is not feasable. When asked if he had inquired
about such financing he responded, no - because a kennel is a single use
%1:'. llriIi a hl that he had hen looking
for 5 years and that this is the first positive feedback he has received from
the Village. He asked for some direction on whether or not he could locate
at the 169 site, adding that it was the best place in the Village for hint, he
would like to live there, and that it would not be too bad for his customers.•
Brown asked if a 2 week or 1 month delay would be a big hindarance for Mr.
Brill thus allowing time for the Staff to evaluate the road condition.
Mr. Brill then suggested the alternative that the Village could build the kennel
and lease it back to him.
Mr. Lane said that he would rather see the money go to a source as play-
around equipment.
Danilul: asked if the Village would have to buy more than the 20 acres.
The Planner said that there are about 40 acres undesignated and that Browning
and liustad have both committad land already.
Mr. Sorensen, not wanting in any way to prejudice the commission, asked
the Commission if it would be appropriate for him to step down and make a
comment in be-half of Mr. Brill. Schee then moved to allow
Mr. Sorensen to speak in be-half of his client Mr. Brill.
Air. Sorensen said that he had not intended to speak but there was need for
imput from the other side. It was his understm ding that Mr. Jessen had
gotten the approval of 300 acquisition of the endangered property on a 5
year, 50/., payback oral agreement. Cost estimates are from $200,000. to
8400,000., which means that the Village must repay between S100,000. to .
$200, 000. over a 5 year period. The problems with the Bryant Lake
site is financing. Bonds coulti be sold but a very limited market exists for such
bonds. Commercial Lending Institutions are against loans on leased ground.
The Village itself must lease the land and building to :Mr. Brill. He felt
that this land would be ideal for a kennel, being no immediate need of utilities
and it issolated from other uses. Mr. Putnam has indicated that this would
require changes in Ord. 13 &135. Mr. Brown then questioned what would
happen with the remaining land. Mr. Sorensen responded that the whole strip
co.ild be put in exceptional uses of rural categories, leaving 80% open space.
Thus the Village would acquire great amounts of visual open space without
development pressure. .Daniluk then asked about the cost of thekennel. Brill
said that on Bryant Lake it would be between $30,000. and $50,000. dollars.
A question of how far the noise would carry was raised by Daniluk and Mr.
Brill said thatit would depend on thelocation of the buildings. Mr. Sorensen
tha-i askedfcr acticn on the request and that be placed on the Council agenda
next week.
tteei motioned • seconded by Lynch, that:
1. If the Village Council is unable for any reason to exercise the
option presented by the Watershed District for the pruchase
of the property on the Bluffs south of 169, then the proposal by Mr.
Brill,of Kingdale Kennel, for the construction of an animal
kennel and ultimately 2 single family homes, could be accepted
if the propery is zoned rural with accompanying changes to Ord.
134&135.
2. That the Municipality on petitioning the '1/4Vatershed District to purchase
all the land east of that property north of RivervLsw lid, to restrict
any further development east of the Brill proposal on the river bluffs.
3. If the Kingdale proposal is approved then cost estimates for the up-
grading of Riverview Rd. should be prepared by the Village Engineer
and presented to all property owners in that area with an estimate of
the development cost for such up-grading as required by the traffic
volumes produced by Kingdale Kennel. Also, definition by the Village
of additional parcels and their development potaitial should be
studied to insure that adjacent owners are given adequate protection for
their existing and futare uses.
4. Direct the Village Staff to research and define cord itions and specifi-
cations which vculd allow the proper buffering of such u --es as stables
and kennels from adjacent uses in a satisfactory manner.
ACTION. The motion was approved by a vote of six ayes;(Schee, Brown,
Lynch, Daniluk, Meyers, Lane. /
1 abstaining(Sorensen)
Mr. Sorensen indicated for the record that Mr. Brill and his wife have
employed him as their attorney since December, 1973.
'Park & Rec. Minutes January 8, 1974
I. CONSIDERATION OF "NEW INFORMATION" RELATING TO KINGDALE KENNELS
REQUEST TO LOCATE DOG KENNEL OPERATION ON RIVERVIEW ROAD ON THE
MINNESOTA RIVER VALLEY BLUFFS.
jessen presented copies of, and reviewed, the letter dated December 27, 1973,
from Mr. Ray Haik, attorney for the Lower Minnesota River Watershed District.
He also distributed copies of a letter to the Village Council from Mr. William
Stanley, a land owner adjacent to the property proposed for the kennel. jessen
stated that he; Dick Putnam, Village Planner; Marty Grill, land owner of the
property involved; and Bruce Brill and Don Sorensen from Kingdale Kennels had
met last Friday to discuss this new information. At that time, the possibility
of locating the kennel operation at Bryant Lake Park in the vicinity of the Rock
Isle stable operation was suggested. Mr. Sorensen, attorney for Mr. Brill,
suggested some possible problems with this type of an arrangement, Including
insurance, liability problems and other legal entanglements, and most
importantly perhaps,the ability to get financing for the construction of a facility
to be built on property leased from the Village. lessen indicated that these
concerns needed to be studied further before any recommendation could be made
but that it was his opinion that this might be a feasible location for the kennel
operation.
jessen stated that he had talked to Mr. Haik concerning the Watershed District's
interest in this area, and that Mr. Hail had indicated that the Watershed District
would purchase this property using monies available to them with the under-
standing that the Village would repurchase the property from the District at a
later date at a pre-specified percentage and price. Generally, it was Mr. Relic's
feeling that the District would pay 50% of the final purchase pri -le of the property
provided the Village would repurchase to a 50% interest at a la r date. jessen
indicated that he had suggested a "5 year payback" for the Village's interest
in this particular area. It is clearly the Watershed's intention to only purchase
those are.as under immecltate development pressure at this time, and to not
proceed with the acquisition of all of the land In this stretch of the bluffs in 1974.
M/Anderson, S/Eisch that the Park & Recreation Commission reconsider their
recommendation to the Council on the Kingdale Kennels proposal and at this
Park & Recreation Commission -2- 1/8/74 Special Meeting
time recommend that the Council take advantage of the Watershed District's
offer to purchase the property 33 exemplified in Mr. Haik's letter of 12/27/73.
Motion carried 4-1, with 1 abstention.
Eden Prairie Council Minutes January 8, 1974
VIII.PUBLIC HEARIHGS.
A. Request for kennel operation south of 169/212, east of inter-
section of 165/212 and Riverview Road. (Letter dated Decem-
ber 27, 1973, from Lower Minnesota River Matershed District
and Commission minutes provided to Council members).
Mr. Putnam showed the project area with a slide presentation.
He stated that Browning Ferris, developers to the east of
the site, have indicated dedication of the bluff land as have
Hustads. Mr. Stanley, a bluff property owner has expressed
his preference of only agricultural/rural use of the bluff
area. Mr. Putnam stated that an alternative to rezoning the
property to Commercial would be to permit kennel use under
the agricultural/rural zoning. This use, unfortunately, is
omitted from the ordinance and Mr. Perbix has been consulted
for a legal opinion.
dayor Osterholt asked Messrs. Brill and Sorensen, the latter
being Mr. Drill's attorney, if a delay would be objectionable.
He further commented that Mrs. Schee, Planning Commission
Chairwoman, requested that action be delayed. Mr. Sorensen
replied that a two week continuance would be satisfactory
during which time Mr. Brill would have an opportunity to pro-
vide input for the Council. He added that Mr. Brill has been
operating the kennel for five years and has been looking for
land to relocate since he cannot remain at his present site
after this year.
Mr. Jessen reported on the action taken by the Park and Recre-
ation Commission which met prior to the Council meeting. The
Commission strongly recommended in favor of adhering to the
Guide Plan which specifies open space for the bluff area. The
Hatershed has been contacted about funds for the land acquisi-
tion and the Commission urges acceptance of the Matershed's
proposal to acquire parcels under immediate development pres-
sure with the Village to buy in at 50% within a five year
period. A written report was requested by Mayor Osterholt.
Council Hceting -5- January 8, 1974
VIII.A. Request for kennel operation (Continued)
When Mrs. Meyers asked how many acres would be involved in the
five-year buy-back plan, Hr. Jessen answered about 20 acres--
six parcels.
Mr. Putnam expressed the feeling that perhaps the Planning
Commission would like to look at Mr. Brill's request again in
light of the recent developments.
A motion was made by Mr. Penzel seconded by Mrs. Pauly to con-
tinue the public hearing on the kennel operation request until
the January 22, 1974, Council meeting. Motion carried unani-
mously.
A motion was made by Mrs. Meyers seconded by Mr. Penzel to
place the request for kennel operation by Mr. Brill on the
Planning Commission agenda of January 15, 1974. Motion carried
unanimously.
12/26/73 Council Meeting
C. Discussion of Bruce Brill's re uest for relocation of Kin dale
Kennels south of T.H. 69 and north o R very ew Road.
Hr. Heinrich reported that official notice of the public hear-
ing for zoning is needed. The notice c public hearing for
January 8 before the Council has been sent to the newspaper.
A motion was made by Mr. Penzel seconded by Mr. Boerger authori-
zing the public hearing for January 8, 1974. Motion carried
unanimously.
Preliminary Staff Report
Date: January 7, 1974
Applicant: Bruce Britt, Kingclale Nennets
Bequest: Approval for construction of a dog kennel and ultimately two single
family homes.
Location: Approximately 11 acres of land owned by Marty Grill, located
south of 169 , north of Riverview Road, on the bluffs of the
Minnesota River Valley. •
From: Richard Putnam, Village Planne i
Through: Mr. Heinrich, Village Manager.!n.1
Refer to: Planning Commission minutes of December 18, 1973.
Park and Recreation minutes of cember 10, 1973.
Site plan submitted by Brace Brill
A. Background.
Bruce Brill has been looking for a kennel operation to move Kingdale Kennels
over the past four years within Eden Prairie. Due to the uniqueness of
the kenneling operation, which requires one, and possible two, homes as well
as; the kennel structure, the location for Mr. Brill 's operation requires
special site conditions and buffering from future development.
In discussions with Marty Grill ,• Mr. Brill selected a site located on the
River Bluffs just south of 169 which he believed might be suitable for the
kennel and home construction. He checked informally with the Village Staff
to see what the merits and problems might be with such a site. The Staff's
initial reaction was that the site may have problems related to accims due to
its slopes from 169 or from Riverview Road, the soil erosion problem,
:lue to the sandy and erodable nature of the soils on the Minnesota Bluffs; and
the seeming conflict with the Eden Prairie Glide Plan which indicates that area
as Park, Open Space property. The Staff did agree with Mr. Brill that the site
would allow relative isolation from residential developments while providing
an excellent living environment for the two homes to be constructed; in that
respect the site was ideal.
Currently Kingdale Kennels is located on the property owned by Mr. J. Carnes
directly north of the Eden Prairie Center being constructed by Homart Develop-
ment. The constuction of the Ring Route by 1975, and the shopping center
assessments for this area dictate the need to move Kingdale. Mr. Brill provides
a valuable service for the residents of Eden Prairie and the southwest
ac::a in hoat .ditg, tuaThing, :Acta taking care of
in a high quality and professional manner. Therefore the Staff has attempted,
and is currently working on alternatives to allow Kingdale to relocate by
January I, 1975, within Eden Prairie.
E. Site Limitations.
The site, located on the Bluffs - along 169, offers great views over the River.
It is steeply sloping with a wash-out caused by the Highway Department's
Preliminary Staff Report-Kingdale Kennel-Mr. Brill
Page 2
run-off pipe which runs through the center of the site. Buildings would be
constructed near Riverview Road on a shelf created ,: by grading in the area.
The prop.ir soil erasion control methods have been employed in the design
of this proposal in consultation with Mr. Pat Kennedy from the Soil Conserva-
tion Service. Access would be exclusively frGm Riverview Road due to the
40-50' slope to 169. Continued access to this property would most likely
require the upgrading of that portion of Riverview Road between the Brill
property west to Riverview's intersection with 169, and the redesign and
construction of :a Riverview-169entratice.
Utilities would not be scheduled in this area for the next 10 years and should
not force higher assessment rates on this property. Current expansion plans
for Flying Cloud Airport would not seem to drastically affect this site in the
noise or run-off impacts from the airport redesign.
The relocation of 169 to the County Road 18 alignment, and the conversion of
Riverview Road to a Parkway, would offer assets to the site of the Kennels
in reducing traffic congestion on 169.
The Park and Open Space'Question.
Perhaps the most important consideration of this site's use as a dog kennel
relates to the Village Open Space System based upon the Comprehensive cuide
Plan. The Quide Plan and Revised Open Space Fdlicies, adopted by the
Planning/Park and Recreation Commission, indicated the area easterly from
Riverview Road along the Bluffs all the way to the Eden Prairie/Bloomington
boundary as being Open Space Preservation ; as well as the conversion of
Riverview Road to a Parkway conceivably for pedestrian, bicycle, and
non-motorized vehicles. This could be part of the State's Minnesota River
Trail System and a significant Wildlife Preservation area in the River bottoms.
The Park and Recreation Commission and Mr. Brill discussed the option
of acquiring the property for Park or development of the parcel as a Kennel
with long-term buy back agreements, etc... The Park and Recreation
Director presented the dilemma to the Lower Minnesota Watershed District
and requested their help in purchasing the property if they believed it valuable
to the implementation of the Village's Open Space plan. Their initial reaction
was that they would provide half of the money if the Village would provide
the other half in 1974. It was decided by the Park and Reacreation Commission
and Staff that.the money was not available for 0 .pen Space acquisition during
1 P74, but rather those funds would be used for Park development for the
istitar, residences. Since the funds could not be attained tor the ill
property, the Park and Recreation Commission voted to approve the Brill
Kennel application.
Planning Commission Action.
At the December 18, 1973, meeting the Planning Commission briefly reviewed
the Brill application and voted to approve the rezoning to Commercial for
Preliminary Star f fleport-Kingdale Kennel-Mr. Brill
Page 3
a dog kennel and two single family homes on the site, and directed the Staff
to work out the details with Mr. Brill.
Zoning Classification.
In examining the Kennel operation it becomes clear that Mr. Brill is engaged in
the care, training, and boarding of animals on a short term basis, and not in
the commercial sale or marketing of animals. Determining the proper zoning
classification for a kennel is difficult due to the incongruities between single
family homes, required by the operators, and the kennel operation which
requires sufficient buffers for the noise, etc.. from other uses. • . .
To accommodate the needs for a present living environment as well as the
buffer it would seem logical that the Kingdale operation weld easily be
accommodated in the Rural zoning district which permits Single-family
residences on five acre or larger lots and the pursuit of agricultural, or
agriculturally related pursuits.
The Village Zoning Ordinance 135, adopted in 1958, outlines the purposes,
permitted uses, and required conditions for the rural district.
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Subdivision 3. 2, Permitted Uses, Section it states, "Agriculture, accessory
and related uses. The Zoning Ordinance specifies • in Subd. 1.3 definitions
under Agriculture, that it be defined as , "the cultivation of the soil and all
activitieg incidental there to, except that said term shall not include the
raising and feeding of hogs, sheep , goats, cattle, poultry, and fur-bearing
animals, and shall not include riding academies, commercial stables, or
kennels." Therefore, the Zoning Ordinance prohibits, within the Village of
Eden Prairie, the raising of animals while not specifically providing for
such operations.
To permit a Kennel in a BurAl Zone would mean a changing of Ordinance 135
by deleting under the definitions section, Subd. 1.3 under Agriculture,
a section froin ...and shalt not include riding academies, commercial stables
or kennels, which would allow an interpretation within the rural districts of
kenneling and stabling operations.
The basic question and issue in changing Ordinance 135 would be what methods
can the Village propose to foster, phase, and control growth in our rural area,
which-would- allow 'ä resonable return on land not used for Urban development,
but used for pursuits consistent with the rural and open space character while
not prejudicing further use of the land when Urbanization occurs. I would
suggest that modification of Ordinance 135 to allow the raising of agricutural
animals normally associated with farming and rural areas as well as public
and commercial stabling operations requiring large riding and pasturing
area!: as well as certain other uses requiring -10buffering from other uses,
such as a dog kennel be allowed in rural areas where it is deemed be
appropriate. If the Village In one hand is offering no development -,b,f an
owner lyti for a specified period of time, say 15 year,_ then the Village
should,be also offering that land owner a resonable use rrs-aialinterim period
prior to development. Resonable use has much to do with the impact of that
rural land upon its adjacent properties.
For example, a 150 acre farm that is cultivated-as-well-as-utilized-as a
commercial stable, boarding 30 horses, and a public riding stable with 10 horses
utilizing the 150 acres plus adjacent Village Open Space Park Land as trail
facilities should be allowed to exist within a rural area,if the intent is to
with hold that property from premature urban development or platting into
lacre or acre lots.
The case of a dog kennel specifically excluded from rural areas in Ordinance
135 means that they must be located in urban uses or in public or quasi-public
space. The location of a dog kenneling operation within urban uses would be
most difficult due to the nature of the operation, the economics of land cost,
urban service provision, and noise, noisance, and buffering pottntial.
Therefore, where a rural use can provide a long term isolated and well
buffered site • or where the intended length occupancy of such a kenneling
operation would coincide with the duration prior to the extension of
sr-viccs and urban ,leveloprnont th:3 kennel would be an appropriate
interim land use or long-term use.
Possibility for Public or Quasi -Public Use.
Ordinance 135 states in section 9, Public or Quais-Public District, the
Rirposes, Permitted uses and Required Conditions.
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It appears that a special section would be required to add to the Zoning
Ordinance under Permitted Uses • Subd. (b' that would allow for the
provision of certain privated and possible commercial ventures to be allowed
either on public owned property or quasi-public lands if the purpose can
be demostrated that that use may be deemed in the public interest by the
Village Council.
An example of such an interpretation would be, the inclusion of a riding
stable privately operated, or an animal kennel, or veterinary facility, or
private zoo, etc..., on public park property where it is believed that those
uses would fulfill community objectives. For example, the location of zri
animal kennel with a horse stable and public park and Bryant Lake would seem
to be consistent in that the uses compliment one another aild would not
produce an adverse impact upon surrounding properties.
It might be said that we are clustering complimentary uses which is an
objective of the Zoning Ordinance Subd. 1. 2, section (bl "to fost,Fir a
harmonious convenient workable relationship among land uses. Id) to insure
that public and private lands ultimately are used for the purposes which are
most appropriate and most beneficial from the stand point of the Village
as a whole. (hi to facilitate the appropriate location of community facilities
and tinstitutions . "
Such a change in the Ordinance and interpretation would allow the location
of a kennel or stable within a public park or quasi-public lands providing
that it meet standards related to a buffering interim land use provision of
urban uses and appropriateness to the provison of harmonious and
convenient services to the Village of Eden Prairie.
Therefore as a zoning classification it seems that the overall best interests
and intents of the Ordinance as well as modifications related to controled
growth, interim development, and relationship of such ruraly urban services
as stables or dog kennels maybe provided in either the rural or public or
quasi-public category depending upon which changes in Ordinance 135 are
incopporated. Therefore the Kingdale operation , proposed by Mr. Bruce
Brill, if located on the Bluff site could be rezoned to public or quasi-public
with subsequent changes of Ordinance 135 as suggested. Or left as rural
v -ith chan2.,e.,. to Ordinanc•,:: 135 under thr. definition of agriculture ae.:1 the
provision of performance standards for the use of stabling or kenneling within
rural areas related to growth control interim development etc..
Recent Developments.
A letter from the Lower Minnesota Watershed District, dated December 27, 1973,
indicated the willingness of the Watershed Districts to fund the purchase of
lands under pressure of immediate urlivein development along the Bluffs in
Eden Prairie, specifically the Brill site in question. The Watershed indicated
that it would purchase the property with a pay-back clause whereby the Village,
over a specific period of years,would reimburse the Watershed District for
50% of the cost of acquiring that property. Details of the proposal have not
been worked out at the time of this report.
A meeting held friday, January 3, 1974, with Mr. Brill, Marty Grill, Mr.
Donald Sorensen, Marty Jensen, and Dick Putnam of the Eden Prairie Village
Staff • produced a couple of alternates.
1. That the Village and Mr. Brill consider utilizing the stable and arena
areas of Rock Isle Ranch as a site for a dog kennel, and either leasing
the home on the site or constructing new homes across ffirolin Road.
It was believed that the kenneling operation would be a compatible use with
the horse stable and the Park area. Also that the ICingdale operation would
be a service to the residences of the municipality and at the same time be
isolated from neighboring residential development.
2. That the municipality approve the Brill application on the Marty Grill property
as proposed while petitioning the Watershed District to purchase all the land
east of that property north of Riverview Road. Thereby restricting any further
development east of theIlrillproposal on the river bluffs.
I
3. Consideration of alternate sites in southwestern Eden Prairie along 189
and the bluffs what do not occur in previously designated areas.
Recomrnemdations.
1. The Village enter into a joint agreement with the Lower Minnesota
Watershed District to purchase the two parcels,totalingtapproximately
20 acres, of the land on the Bluffs between Riverview and 169 owned by
Marty Grill, undc:r going considerable development pressure. And
that the Village Staff investigate alternate locations to enable Kingdale
Kennels to locate within Eden Prairie prior to January 1, 1975.
2. If the Village Council does not wish to exercise the option presented
by the Lower Minnesota Watershed District for the purchase of the
property on the Bluffs south of 169, then the proposal by Mr. Bruce
Brill, of Kingdale Kennels, for the construction of an animal kennel
and ultimately two single-family homes, could be accepted if the ,
property is zoned rural with ac-lompanying changes to Ordinance
135 or to public or quasi-public with appropriate Ordinance changes.
3. If the Kingdale proposal is approved then cost estimates for the
up-grading of Riverview Road shsuld be prepared by the Village Engineer
and presented to all property owners in that area with an estimate
of the development cost for such up-grading as required by the traffic
volumes produced by Kfrigdale Kennels. Also, definition by the Village
of additional parcels and their development potential should be
studied to insure that adjacent owners are given adequate protection
for their existing and future uses.
4. Direct the Village Staff to research and define conditions and specifications
whizh would allow the proper buffering of such uses as stables and
kennels from adjacent uses in a satisfactory manner.
MEMO
Date: January 2, 1974
To: Village Council, Planning Commission
Through: Robert Heinrich, Village Manager
From: Richard Putnam, Village Planner
Project: Edenvale South P.U.D.
Applicant: Eden Land Corporation
Action
Requested: P.U.D. Approval, Concept Plan, Development Stage and Zoning
for the First Phase Single Family
Refer to: Staff Planning Report dated November 27, 1973; Planning
Commission Minutes of December 18, 1973; and Letter from
Eden Land Corporation dated December 28, 1973.
Eden Land Corporation has submitted in its December 28th letter a set of
changes from the recommended approval by the Planning Commission for the
Edenvale South P.U.D. To more clearly define any differences which may
exist between Eden Land's request and recommendations by the Staff and
Planning Commission, I have evaluated the modifications point by point.
1. No change of intent in Eden Land's request from the Planning Commission
recommendation.
2. The intent is the same between the Planning Commission and Eden Land's
letter, only that the Planning Commission recommendation is more directive.
3. Eden Land's revision does not address itself to the provision of walkway
access to all of the single family lots and other sites ‘‹ as does the Planning
Commission recommendation. The pedestrian underpass discussed in Eden
Land's letter is covered within Item 5 of the Planning Commission and does
not need to exist in Item 3.
4. The intent of the Planning Commission's recommendation was to make the
quasi-public walkway systems usable for the general public. This is
being applied to all walkways in the municipality to insure the free move-
ment between P.U.D.'s. The language in Eden Land's Item 4 states:
"...subject to the rules adopted by the Homeowner's Association."
This will not present a problem if it can be assured that the rules adopted
by the Homeowner's Association are not restrictive but reasonable. This
can not be assured by Eden Land Corporation at this time and, therefore,
seems inappropriate.
The Village should develop standard legal form to be used by all home-
owner's associations to insure free passage of all Eden Prairie residents
through their quasi-public pathway systems.
5. The intents cf Item 5 in the Planning Commission recommendations and
the Eden Land letter are basically the same, with greater detail and engi-
neering considerations provided in the Eden Land letter.
Page 2
6. The intent of the Eden Land letter states: "—will take all reasonable
steps to attract moderate income housing...". The intent of the Planning
Commission recommendation was to provide a mix of low, moderate, and
retail housing within the P.U.D., not exclusively moderate. The
Planning Commission recommendations also referred to the Housing Task
Force Report, which is Village policy for residential development. Also,
It covers the fact that 50% of the total units proposed are of the apartment
or condominium type, and that without some provision of low and moderate
Income units that this ratio may not be justified.
Item 6 in the Planning Commission recommendations, I believe, provides
more information for other developers or Councils on which to base zoning
approvals in the future.
7. The intent of the Planning Commission recommendation is to recommend the
establishment of a viable homeowner's association which can work closely
with larger groups of The Preserve and Bluff Sector. Eden Land Corporation's
letter states that the Homeowner's Association will be similar to the
Edenvale Association, as required by the F. LA. The Planning Commission's
recommendations seem more general and allow greater flexibility in the
establishment of the association than does the Eden Land letter.
8. The intent of Recommendation 8 was to allow the approval of the single
family portion of Eden Land's proposed P.U.D. rather than holding up the
approval until the transportation analysis is complete for the Bluff/Preserve
Sector. The initial calculations indicated the over-development, in terms
of numbers of unit or under fre capacity ‘, of major arterials for the Bluff/
Preserve Sector as currently proposed by the major developers. It was felt
that many methods may be employed to provide the proper transportation
system within the area and that by approving the single family area of
Edenvale South with the stipulation that this 200 acre P.U.D. participate
with the other large scale developers developing such a workable trans-
portation system that this would allow Eden Land Corporation the flexibility
to begin construction while allowing the planning In a.
logical fashion.
Eden Land's suggestion for Item 8 does not meet the intent of the Planning
Commission recommendation or discussions with other developers in the
area.
9. The setback from the East/West Parkway of 50 feet as proposed in the
Eden Land letter is adequate and consistent with the requirements for
The Preserve. The requirements for other setbacks, the minimum of 10
feet on the house side and 5 feet on the garage side, is also consistent
with The Preserve and the Golf View site in Edenvale. Given the reduced
width of the lots proposed, this setback seems to be reasonable and has
been done in other areas. However, the 25 foot front yard setback has not
been used in conventional single family projects in any of the developments
Page 3
in Eden Prairie and does not seem to allow adequate space for driveway:,
An example would be an 18 ft. automobile with snowmobile or boat
trailer which would protrude into the street. A normal setback is 30 feet
and variances do not seem appropriate from that dimension. I would
recommend changing the 25 ft. to 30 ft. on the front yards in the Eden
Land letter.
10. Eden Land's suggested modification meets the intent of the Planning
Commission recommendation.
11. Planning Commission recommendation in #11 was to contact land owners
to the north and establish whether a short road connection was necessary.
The Eden Land letter states that it will provide a road connection to the
area south but does not deal with the north area. Item 11 should be left
as the Planning Commission stipulated.
12. Both statements for the M-2 site related to the single family carry the
same intent. A question of wording choice in this case.
13. The intent of the Planning Commission's recommendation is to have the
11.5 acre lowland adjacent to Eden Lake and the East/West Parkway
dedicated as public open space to be utilized in the joint school/park
use or merely as a neighborhood park facility. Eden Land in #13 indicates
that it does not wish to dedicate this outlot to the Village and goes on to
point out the breakdown of acreages,which also occurs on page 6 of the
November 27th Staff Report. It was believed important that this outlot
be committed to public open space and that a fair assessment policy be
worked out with Eden Land Corporation as a vital part of the P.U.D.'s
approval and not that this property be sold to the School District or used
for development.
19. The pathways running along the East/West Parkway are intended to serve
the single family areas and connect them with Eden Lake open space system
and The Preserve Center. Of secondary importance is its connection with
the commercial and multiple sites. Edenvale states that it will construct
the pathways in conjunction with the commercial areas which could be
four to five years off, thereby leaving the residential homes completed
without adequate walkways east/west along the roadway. The Planning
Commission felt these walkways were necessary at the time the users
or homes were built.
15. Item 15 seems self-explanatory in the Planning Commission and Staff
Report and is intended to include the Staff Report in its entirety, which
discusses land use and building types on each of the sites.
16. Item 16 in the Planning Commission's recommendations noted in the
December 18th minutes is essentially the same as that proposed in the
Eden Land Corporation letter.
Page 4
17. The Planning Commission's recommendation in Item 17 dealt with the
fact that no building permits would be issued until negotiations In the
construction of the East/West Parkway have been completed. Item 17
of Eden Land Corporation's letter proposes a resolution of the negotiations
by saying they would build the southerly lanes of the Parkway to a
predetermined point of Willow Court from 169. It seems at this point
since no negotiations with The Preserve, Eden Land, and the Village
have been conducted that a conclusion such as proposed in Item 17
of Eden Land's letter is unwarranted.
I believe that a combination of the Eden Land points outlined in the letter of
December 28th, where they do not conflict with the Planning Commission's
recommendations, could be incorporated. However, some of the key points
which are felt to be important by various advisory commissions, such as
dedication of the outlot or the incorporation of low and moderate income
housing, should be kept in the P.U.D. approvals, as recommended by the
commissions.
DP
7766 Mitchell Road
; EDEN LAND CORP. moo-valiEf ViEaritlid - Eden Prairie. Minn. 55343 -Tel. 612/941-5X0
December 28, 1973
Honorable Mayor and City Council
%Mr. Bob Heinrich, Village Manager
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN. 55343
Ladles and Gentlemen:
Enclosed are six copies of a preliminary plat drawing of Edenvale
South. This has been prepared since our Planning Commission approval
of the PUD concept on December 18, 1973 and Is included for your
Information and not for final approval.
Eden Land Corporation requests the City Council to approve the
Edenvale South PUD and rezoning to 1(11-6.5 for the first phase single
family areas. The Planning Commission based its approval of our proposed
Edenvale South PUD upon a Staff Report dated November 22, 1973, changing
item 16 of the Summary and Recommendations and adding an item 17. We
request the City Council to approve the Edenvale South PUD, using the
Staff Report as a general guide, but subject to the following items
which differ in some respects from the Staff Report:
1. The land uses and building types approved in the Edenvale South
PUD plan may be modified, with the landowner and the City Council,
to reflect changes In sound planning, engineering or economic
criteria.
2. On-site tree surveys should be made within the single family
area prior to road and utility construction to insure reasonable
preservation of major vegetation.
3. Walkway easements or outlots will be provided to serve the
elementary school, commercial areas and the major open space
systems. A pedestrian underpass will be provided under the
initial phase of Lake Eden Parkway near the proposed elementary
school.
Honorable Mayor and City Council
Page 2
December 28, 1973
4. The walkway easements and outlots, to be maintained by the
Homeowner's Association, will be available to the public, sub-
ject to the rules adopted by the Homeowner's Association.
5. The pedestrian underpass, under the initial two lanes' of
Lake Eden Parkway near the proposed elementary school, will be
constructed by Eden Land Corporation at the time the road right
of way Is graded,the underpass structure will consist of a 100"
corregated steel culvert deformed 10%. The underpass structure
is 82 feet long with 20b1 beveled end sections.
6. Eden Land Corporation will take all reasonable steps to attract
moderate income housing to the 14-2 adjacent to Highway 169 and
South of Lake Eden Parkway.
7. The Homeowners Association will be similar to the Edenvale
Association, which is a growing association as required by
The Federal Housing Authority.
8. Residents of Edenvale South will be subject to the same over-
all City transit policies as other residents of Eden Prairie.
9. Single family lots adjacent to Lake Eden Parkway will have access
off of secondary streets. All such lots will have a 50 foot
building set back line from the Parkway right of way. This will
provide more than a 75 foot setback from the Parkway itself.
Other setbacks shall be a minimum of 10 feet on house side and
five feet on garage side and 25 feet on front yards.
10. The 14-2 sites shall include sufficient buffers-earth berming,
landscaping, etc. - to establish a reasonable transition between
such sites and the adjacent single family sites.
11. Eden Land Corporation will provide a roadway connection to the
single family area south of the PUD site. .
12. The size and orientation of the buildings to be constructed
within the 14-2 areas shall give due consideration to the adjacent
single family sites.
13. Use of the 11.54 acre outlet, located east of the school site,
is not determined at this time. The PUD as proposed provides
the following public and quasi-public open space:
Including school land
Not Including school land
Residential 117.92 acres . 59.0%
117.92 acres . 62.81
DRP/Jp
EDEN LAND CORPORATION
/
Donald R. Peterson
President
Honorable Mayor and City Council
Page 3
December 28, 1973
Including school land Not including school land
Comnerclal 9.96 acres = 5.0% 9.96 acres -
5.3%
Public 41.06 acres = 20.6% 28.73 acres = 15.3%
Open space 19.42 acres = 9.7% 19.42 acres = 10.4%
Outlot 11.54 acres = 5.7% 11.54 acres =
6.2%
199.9 acres 187.57
Total open or public 30.3% without Total open space 31.9%* without Out lot
Outlot of this open space about 9.6%0V
or 4.8% In Lake Eden.
14. A public right of way 100 feet in width will be dedicated
f
o
r
Lake Eden Parkway. Pathways within this right of way will
b
e
c
o
n
-
structed in =Junction with development of the commercial
a
r
e
a
s
.
15. Approval of the City Council, based upon the foregoing Item
s
,
i
s
requested.
16. Site preparation shall begin on the single family areas no
l
a
t
e
r
than one year after approval of zoning for the single fami
l
y
s
i
t
e
s
.
If such site preparation does not begin, the PUD approval
i
s
v
o
i
d
and the zoning reverts to Rural.
17. Building permits not be granted until the City has receiv
e
d
satisfactory assurances that Eden Land Corporation will c
o
n
s
t
r
u
c
t
,
a
t
Its cost and to final standards, the southerly two lanes
o
f
L
a
k
e
Eden Parkway from State Highway 169 east to Willow Court.
Yours truly,
Enclosures
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 810
A RESOLUTION APPROVING THE
PLANNED UNIT DEVELOPMENT
CONCEPT FOR THE EDENVALE
SOUTH PUD
WHEREAS, the City of Eden Prairie has by virtue of Ordinance #135
provided for the Planned Unit Development (PUD) of certain areas located
within the City, and
WHEREAS, there was provided under said Ordinance 135, and the
Comprehensive Guide Plan adopted therein residential areas to be developed
with a variety of housing types, and
WHEREAS, the Edenvale South PUD consists of approximately 200 acres,
and
WHEREAS, all newly appointed City Advisory Commissions have reviewed
the said Edenvale South proposal and recommended its approval with stipulations
noted in Exhibit A, Staff Planning Report dated November 27, 1973, and
WHEREAS, The City Planning Commission did hold public hearings
thereon and make a recommendation in favor of said P'UD Concept for this
area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Eden Prairie, Minnesota, as follows;
1. The City Council does given conceptual land use approval
as stipulated within Ordinance 135 for approval of the
Edenvale South Planned Unit Development totalling approxi-
mately 200 acres, located east of State Highway 169 and
east of the PUD 70-3 the Preserve area.
2. The Edenvale South PUD,being lathe County of Hennepin and
the State of Minnesota, and legally described as follows
refer to Exhibit 13
3. That the Planned Unit Development meet the intents and
recommendations of the Staff Planning Report dated November
27, 1973, as amended by the Planning Commission in its
December 18, 1973 meeting. Exhibit A.
Resolution No. 810
Edenvale South, PhD
Page 2
ADOPTED by the City Council of the City of Eden Prairie on
day
of January , 1974.
David Osterholt, Mayor
ATTEST:
SEAL
John Franc, Clerk
LAUI t VA, kJ . 810
.11)11 Cl
PLANNING STAFF REPORT
Project: Edenvale South
Applicant: Eden Land Corporation, Eden Prairie
Location: Site is a 2110 acre parcel adjacent to Flying Cloud Drive
west of The Preserve and northeast of the Suburban
Hennepin County Vocational Technical School. It is
approximately divided by the East/West Parkway
extended from The Preserve to 169.
Action Requested: 1. Approval of P.U. D. Concept Plan
2. Development Stage of the First Single Family Addition
3. Approval of the Preliminary Plat for First Addition
Date: November 27, 1973
Refer to: Original P.U.D. submission June, 1973, by Landmark
Engineering; Revised Site Plans, latest being September 25,
1973; Planning Commission and Park and Recreation Commission
Minutes.
From: Richard Putnam, Village Planner t2f4f, =,7"
Thru: Robert P. Heinrich, Village Manager,
Outline:
1. Introduction
2. Sector Planning in Area
3. Plan Elements
4. Evaluation of Revised Plan
5. Impact upon_Adjacent Sites
6. Summary and Recommendations.
1. Introduction:
A. Background;
The use of the approximately 200 acres, termed the Edenvale South
P.U.D., has undergone changes in land use concept over the past
35 years. In the '50s and early '60s, Eden Prairie's zoning plan
showed a strip along 369 being used for Commercial development,
consistent with strip zoning practices of the day, and the remainder
of the site as single family, or rural. The advent of the Guide Plan
in 3968 eliminated the strip commercial zoning along 169 and
indicated the need for an elementary school and park facility located
In the area. Likewise, a proposal was made for an Bad/West Parkway or
arterial street connecting Co. Rd. 18 with 232 and T.H. 5 and north
to the Crosstown. The Guide Plan indicated that road
would form a boundary for the intense development of the Major Center
Area, having Highway Commercial and Multiple north buffering the
Major Center. The Guide Plan was accompanied with Zoning
Ordinance No. 135, which is our current ordinance today.
Since 3968. many things have changed in the areas affecting the
Edenvale South P.U.D. The Vocational Technical School was con-
structed just south of this site, providing a regional educational
Page 2 Planning Staff Report - Edenvale South
facility administered through Hennepin County. The East/West
Parkway alignment was moved south from the conceptual location
in the Guide Plan to approximately bisect the Edenvale South site,
running east/west and intersecting 169 approximately 300 ft. north
of the existing Research Road intersection. A large planned unit
development, The Preserve, of over 1,000 acres was approved in
1970, which incorporated a range of uses from single family detached
homes to a regional shopping center. An important element in The
Preserve concept was the focus upon the Neill Lake center, a short
distance east along the East/west Parkway from Edenvale South
as aneighbadziod focus, consistent with the goals and objectives of
the Community centereoutlined in the Comprehensive Guide Plan.
The center includes an elementary school site, which is being
dedicated to the School District and the Village for a school/park
development.
A more recent planning effort, the M.C.A./P.U.D., more closely
defines the Major Center Area outlined on the Comprehensive Guide
Plan and specifies intensities and uses within this area as well as
a project boundary. The Edenvale South P.U.D. is not a part of
the M.C.A. but is affected through such systems as transportation,
drainage through Lake Edenvale, and employment/housing demand.
Planning is currently underway with the School District to investi-
gate possibilities of acquiring a secondary school campus and
community center site across 169. These refinements of the original
Comprehensive Guide Plani engineering and highway planning work
have influenced the Edenvale P.U.D. and shaped many of the land
use proposals currently before the Village for consideration.
B. P.U.D. Concept:
I believe it's important in approving a planned unit development to
think of the basic intents of the process. - It is apparent
in our work with the planned unit development approach in Eden
Prairie,that it is a method of coping with changing conditions, which
are inherent in any community's development process. It is
a process which utilizes specific ordinances and standards to achieve
the more important goal of producing an excellent finished environ-
ment.
As utilized, the P.U.D. procedures within Ordinance No. 135 are
not viewed as a means of circumventing existing ordinances related
to setbacks or subdivision standards, but rather is utilized as a
flexible means of placing proper development on a site without
the constraints of artificial standards that may not apply.
P.U.D. approval, as indicated on the official Village zoning map,
as a zoned district, P.U.D. with the number corresponding, is in
effect a legal contract between the land owner and the municipality
which states specific conditions which each must fulfill,
RESOLUTION NO. 810 EXHIBIT A, P. 2
Page 3 Planning Staff Report - Edenvale South
These conditions take the form of time
limits, density ranges, site improvements, open space contributions,
and various land use types.
Fdenvale South P.U.D. will be a unique planned unit development
when compared to the large Preserve or Edenvale.developments.
Edenvale South is of limited size and, hence, limited functions.
It must rely upon external systems, such as roads, open space,
commercial services, etc. Consequently, it is rather a piece of
the pie of the entire Preserve-Bluffs Sector.
I believe that the conceptual land use plan approval should deal
with snecific ar.3as in their acreage, ownership, and committed
use. Likewiss, discussion of development type anticipated
(3-story apartment, townhouse, single family detached) should be
specified in the plan. A range in densities would be inherent in
any statement of development type, but that specific numbers of
units would not be assigned to individual parcels. Likewise,
commitments to development of private and public open spaces,
road systems, and other engineering concerns must be considered.
The land uses and building types approved in the P. U.D. plan may
be modified if the change of conditions, agreed upon by both parties,
are based upon sound planning, engineering, economic, or social
criteria. P.U.D. procedures and approvals must meet the changing
conditions inherent in community development.
2. Sector Planning:
Since there are major land owners and previously approved P.U.D.'s in
The Preserve Sector, the Planning Commission asked that the land owners
get together with the Village staff and propose a land use/transportation
plan for the entire Preserve Sector area. Edenvale South was one of the
large land holding., proposed. The plan was submitted as the Bluff Sector
Study, which indicated the land owner and developer's wishes as to type
of development and densities proposed.
Based upon the Bluffs Sector proposal, traffic analysis work by TINTS
is proceeding which will indicate the feasibility of the road systems
proposed and as they're influenced by the land use densities. This
analysis indicates some discrepancy between the overall units proposed,
thP road system anticipated, and the ability to handle the traffic.
Other planning efforts that influenced the Bluff Sector are currently
underway. They are:
a. Open space system planning for Purgatory Creek, being done in
cooperation with the watershed district and the Village Park &
Recreation Commission. Study being done by Brauer & Associates.
b. The Village and School District are currently studying the
feasibility of a secondary high school site and community center
located west of 169.
Page 4 Planning Staff Report - Edenvale South
c. The Metropolitan Airports Commission is currently master
planning the Flying Cloud Airport with relation to its possible
future expansion and air classification.
d. The drainage study for Lake Eden and Neill Lake area has been
completed by Barr Engineering, which will provide storm water
drainage for the entire central area of the Preserve Sector and
some of the Major Center.
e. Anderson Lakes Park is becoming a reality, both by funding and
property acquisition. Some preliminary design and park concept
work has been completed by the Village with help from Hennepin
County and Les Blacklock.
f. The toll bridge issue on )69 as well as the defeated referendum
for 98th Street's extension to meet with Co. Rd. 1 will have
some impact upon transportation within this area.
These studies, some complete and others just beginning, will be used
in evaluating development proposals and total planning within the area.
The Edenvale South P.U.D. is influenced by many of these studies and
others have been incorporated in the planning, such as drainage study
by Barr Engineering. The creation of the Preserve and its Preserve
Center area with schools and commercial facilities will have an impact
upon what facilities should be provided within the Edenvale South area.
Likewise, the densities proposed in the multiple site may be influenced
by the traffic capacities on the roadways.
3. Plan rt:inents:
a. Natural Features:
The natural features of the Edenvale South site can be classified in
three distinct categories. One is the lowland area adjacent to
Lake Eden in the Neill Lake chain which connects to Purgatory
Creek. The second ae the upland ponds which currently help
drain the area.. The third area is rolling upland in the southeast
and north with some forest cover but predominantly open pasture
land.
.1'
The proposed plan respects the majority of the lowland areas in
Group ] as well as the upland ponds by maintaining them as private
or public open space. There is some encroachment south of the
Parkway along Willow Court requiring filling for some lots and the
road on the east side of that 6 acre open space. The upland ponds
in the M-2 sites will most certainly be retained as amenity and
drainage areas. It is not shown on the plan but would most certainly
be an element of the development stage application.
RESOLUTION NO. 810
EXHIBIT A, P.3
Page 5 Planning Staff Report - Edenvale South
The majority of the upland area is devoted to single family lots
which would average out slightly smaller than the 13.5 minimum.
Some of these streets will encounter some grade problem and require
cutting and filling to make home sites usable. This becomes extremely
critical in the three northern cul-de-sacs which are located in wooded
areas. Great care in the final engineering grades and utility/home
construction will be required to preserve the existing vegetation.
The basic site planning techniques do revect the physical features
of the land through siting proper development types as well as
maintaining significant open spaces on slopes, lowland drainage
areas, and in wooded areas to protect buffer zones.
The open space system is divided into two distinct but complementing
types. The private open space is predominantly internal to the
development areas and provides circulation and amenity space for
the future residents. Most of the single family lots and all of the
multiple sites have pedestrian connections which would lead them
to the future school site/public open space areas via these routes.
It is assumed that the public has a right to use these open space
systems for walkway purposes and that acceptable hard surfaced
walkways will be installed by the developer, concurrent with
development, to make these systems workable.
The second open space system proposed is the public dedication of
approximately 20% of the total project area. Much of this land will
be used for drainage purposes, not for just this project but the entire
drainage area, which includes part of the M.C.A. The lake storage
area has been indicated on the Village drainage plan, and the inclusion
in this proposal is consistent with Barr Engineering's drainage study
of the area. The use of the public open space, particularly around
Lake Edenvale, will he of a more passive nature with some natural
areas to be preserved. The use of the public open space south of
the East/West Parkway is not determined, but this area widens out
to permit significant open field game spaces and some park develop-
ment if required.
The outlot of 1l acres is not depicted in the open space system plan
but would seem a logical use for that property in that it is bounded
by the Preserve North/South Parkway and the East/West Parkway, and
to the north and east the school and Lake Ederwale site. The low, poor
soil character of this outlot seems well suited to open space develop-
ment. The inclusion of this outlet in the open space calculations
would comprice approximately 1/3 of the total public open space of
this project.
Much of the success of retaining the natural features on this site will
be determined through the specific development plan on each of the
sites as well as the road/utility construction and individual home
building on the single family areas. The revised plan does allow for
Page 6 Planning Staff P,eport - Edenvale South
more flexibility in developing the multiple sites and produces
interesting lots utilizing the sloping cluracter of the site.
b. Housing:
Housing Units
iI units % Tyee Cost 192 30 single family detached $35+ - $50,000 129 20 townhouse attached
single family • 7 304 50 apartment/condominium ? 625 100
Land Use Breakdown
Acres
open space (private
40
20 - open space (public)
outlot (open space-public) assumed
74
35 s.f.d. rl
20
9 s.f.a. ml
2g
14 apartment/condominium mr
commercial
188 100
Open = 35% Developable = 65%
The Bdenvale South plan is proposing a mix in housing types,
consistent with most land use developments .
within the municipality. The two multiple sites have extremely
different characters, both enjoying high quality access for major
arterial streets. Both Sias utilize a water amenity and offer
the opportunity for moderate to expensive housing units,. -
The m1 attached single family site is located in a
difficult topographic and forested area and will require units able
to acc,,mmodete rapid grade changes. Likewise, the density of
these townhouse units will be of a
low density due to the terrain and site character. Their cost will
most certainly be above moderate income capabilities unless
subsidized in some fashion.
The single family, totaling 192, will be available for homes ranging
in price from the upper $30,000's to the $50,000 range. Though the
lots are smaller than the normal 13,500 square footage, it is
RESOLUTION NO. 810
EXHIBIT A, P. 4
Page 7 Planning Staff Report - Edenvale South
compensated for by the open space systems. The income lenges
would not be open to low and moderate income families within these
single family areas without some form of subsidy.
Within some of the m2 sites or ml areas, there may be an oppor-
tunity to develop some housing of a moderate to low price range,
particularly along Hwy. 169, due to its close relationship with the
Vo-Tec school and a potential junior college. The Weavele South
project is adjacent to an approved 236 project in the Preserve.
Windslope, which would provide 168 low, moderate, and market
rate apartment.units. This project has not been funded nor approved
by F.H.A. to date. To be consistent with the recommendations of
the Housing Task Force Report, the developers of Edenvale South P. U. D.
should be required to provide units affordable by most economic levels.
This will entail an affirmative program to produce housing units
utilizing governmental programs or through private sector by constructing
lower priced housing units. Appro3drnately 50% of the total units in the
13denvale South site are of an apartment or condominium type, as
currently proposed. Without an affirmative program to produce a
wide spectrum of unit costs, this relationship may not be valid.
Eden Land Corporation should give detailed study to providing units
open to low and moderate income individuals within the 10-15% total
of all units in the P.U.D.
a. Community Facilities:
The residents in the Edenvale South site have proximity to many
community facilities, which include;the Major Center Area with all
its commercial, cultural services; the Preserve Center which will
include schools, churches, and neighborhood shopping as well as
recreation; also the proposed secondary community center/high
school site west of 169 and the potential junior college and existing
Vo-Tec School are nearby. Likewise, the School -District owns a
site of 11.26 acres located adjacent to the East/West Parkway.
Many open space systems for active recreation as well as natural
wildlife habitat exist in close proximity. There is little question
that the residents of the Edenvale South area will have an abundance
of community facilities at hand.
Due to the private open space systems and Edenvale South relationship
to the Preserve, it is imperative that a viable homeowner's association
for the entire P. U. 0. be organized that will administer the rn -lintenance
of the open space systems and also function as an input group to
work with other homeowner associations in the Village regarding
common problems and implementing community programs.
d. Transportation:
A traffic analysis of the entire Preserve/Bluff Sector is being conducted
by HNTB, which indicates the densities of development throughout the
entire sector seem to be over what the existing and proposed road system
can handle, if current transportation patterns continue. The land owners
Page 8 Planning Staff Report - Edenvale South
in the area and the Village staff are currently discussing ootions
Involving reducing land use densities, designing additional road
systems, or providing alternate transportation systems for the
developing areas. Of course, portions of each alternate may be
utilized in the final solution. However, an interesting concept
Is being considered. just as public open space is dedicated with
each development or dollars in lieu of open space and roads are
built to serve each project, - to incorporate transit
planning and implementation through contributions
-as development occurs, recognizing
the changing travel characteristics of
coming generations. The energy shortages experienced today are
predicted to be commonplace in the future and that transportation
luxuries which we have enjoyed over the past decades will be changed.
Working closely with the MTC, development in the Major
Center Area and highway departments, I believe itis possible
to achieve positive transit proposals which will have a definite impact
upon the overall transportation system within Eden Prairie which
responds to major metropolitan shifts.
Preliminary analysis blp Howard, Needles, Tammen & Bergendoff
indicates that perhaps a north/south arterial may be needed, connecting
with the Preserve nrtrth/south road to the Major Center. This would not
alter the Edenvrib 8311h plan as it exists today. Likewise, a design of
the East -/West Parkway as a four land divided roadway would not be
altered. Therefore, for approval of the single family and conceptual
land uses in the Edenvale South proposal, the specific road alterna-
tives do not affect this area. The road designs for the local streets
should conform with all engineering standards and will be constructed
by the developer.
4. Evaluation of Revised Plan; dated September 25, 1973
A. Single Family R1-73.9 acres, 192 units proposed:
The configuration of the single family area has undergone numerous
changes during the planning process. Realignment of streets, extension
of single family areas into previous multiple proposals, and redesign
to accommodate connection with other land developments were made.
The lots offered will vary from wooded lots on cul-de-sac streets to
hillside walkout lots fronting onto major open space. Almost all of
th lots have direct access to pedestrian open space systems which
provides for surfaced walkways, streets connecting
with the school and public areas. ThoSe lots that are not directly
accessible to walkways,should have sidewalks along streets
or easement pathways from the end of cul-de-sacs to existing systems.
tt
TIESOIXTfON NO. 810
EXHTBIT A, P. 5
Page 9 Planning Staff Report - Idenvale South
Many lots within the single family area bol -der on two streets or to
areas which will be developed as other uses, such as the M-2 sites
or the neighborhood commercial area. These lots should be of larger
depth than the normal lot to accommodate the significant buffer space.
Also, the areas bordering the M-2 sites should provide sufficient buffer
space and treatment, such as plantings, earth work, etc., in conjunction
with the design of those structures.
The size of the lots are normally below the 13.5 minimum established
in Ordinance No. 135. The density proposed on the development plan
Is approximately 2.6 dwelling units per acre. This compares favorably
with other single family developments in the Preserve and Edenvale in
density range. If private open space systems which are within or
surround the single family areas are added in, the total acreage is
approximately 103 acres with 192 units, which produces a density of
1.7 units per acre. I believe this indicates that single family homes /
clustered in a logical fashion, can Protect amenity water areas and
slopes, without overloading the density of the land.
The single family plat seems to be extremely well designed and
accommodates the needs for utility and roadway construction. It
provides the connection in two areas to properties developing south
and should investigate the potential connection of a street to the
north off of Summit Court. Prior to preliminary plat approval, dis-
cussion with the adjacent owner should indicate the necessity for.
such a street. Also, in the preliminary plat development, detailed
work should be done on some of the lots, such as those adjacent to
the East/West Parkway to assure a significant buffer between the units
and street, accomplished with landscaping distance or house placement.
B. The M-2 multiple site of 11.6 acres adjacent to the East/West Parkway
and Glen Road.
This site, indicated at 12 units per acre, varies from an elevation of
854 to a low of 816 adjacent to Lake Eden and the small pond adjacent
to the school site. The site is dominated by a slope ranging from 10-15%
to the small pond and Lake Blenvale area. The actual building site
comprises a strip approximately 150-250 ft. wide off of Glen Road. The
lowland area of the pond and beneath the slope along Lake Eden com-
prise approximately 21-31 acres of the site. These areas are
unbuildable and are being used as amenity and density credit.
The buildable site of approximately 81 acres is being proposed
for a three story or less structure, perhaps similar to that of Fairway
Woods. located in Ecienvale. However, because of the orientation
to the single family lots along Cottonwood Court and Crestview, the
length and scale of the proposed structures should be more in keeping
Page 10 Planning Staff Report - Idenvale South
with the single family areas. Therefore, the length and size of
buildings should not form 200 and 300 ft. long apartment structures.
Likewise, the view amenity would indicate a single loaded in con-
trast to a double loaded corridor building orienting north and east
rather than to the single family areas west of Glen Road. No number
of units can be ascribed to the site, but the 139 units estimated by
Eden Land would be very difficult to construct on this site, given
the constraints mentioned. Therefore, dependent upon unit size,
specific building design, and site planning, a reduced number
of units would be possible.
If, due to toad system planning in the area, density reductions are
necessary through all developments in the Preserve Sector, this site
could be changed to single family use and be very consistent with
adjacent development.
C. M-2 site south of East/West Parkway adjacent to 169, comprising
13.7 acres and 5.38 acres, suggested at 15 units per acre.
The site totals 19 acres land area, excepting the small acre site of
the existing Leonard's big discount gas station, of buildable land.
Approximately three acres Fan be exempted where the pond along 169
exists, leaving 16 acre4blatively flat, buildable land. A small grove
of trees exists just to the north of the pond and the old homestead, and
would most certainly be preserved.During development,access to the
site would be from 369 and perhaps the East/West Parkway. A median
break on the East/West Parkway may not be possible and only in-and-out
access via the westerly lane be considered. The site was expanded
east/west to provide a strip of significant depth for development east
of the small pond of approximately 400 ft. which would allow parking and
building and buffer treatment within a flexible site plan. North of the
pond, extending to the East/West Parkway, the site is between 550-600 ft.
in depth providing excellent development potential.
The plan indicates that the 5.3 acre northern site may be used for
multiple or neighborhood commercial. if the commercial study indicates
a commercial site as necessary in this area, inclusion of the gas station
site would be required. Also, a design of the neighborhood center would
be integrated with the multiple proposed on the south 13 acres. Either
the multiple or commercial development on this site will require great
care in the buffer treatment with the single family homes to the east.
The density suggested at 35 units per acre cannot be determined at this
point I in that a great deal will depend upon the type of unit. Perhaps
student -oriented housing for a future college or the Vo-Tec woulddirtate
smaller units, square footage-wise, with a greater number; however, if
family units are constructed, the total units would be reduced.
The provision of a mi.% of income range housing within the Edenvale South
project seems likely to occur in the low or moderate range within the
M-2 site. The Village and Eden Land Corporation should investigate
all possible programs to make available low and moderate income units
within this site in conjunction with normal market rate units.
RESOLUTION NO. 810
EXHIBIT A, P.6
Page 11 Planning Staff Report - Edenvale South
The building types within this site may take the form of a three story
or les .. structure with a single loaded or double loaded corridor con-
struction. The scale of these units should be small to complement
the single family located west. This would mean the reduction of
size from the normal corridor building in overall length and massing.
Design of the units to minimize the noise impact from 169 and 212 is
also important to final development of the site.
D. The M -2 or C -Neighborhood site of 4.58 acres located north of the
East/West Parkway along 169.
Pending the recommendations of the commercial study for the Village,
this site may be utilized for small scale neighborhood commercial and
service site. The limited size and natural boundaries of the pond on
the north side and the manmade constraints of the roads and single
family lots establish physical contraints upon the size of this
commercial area. The land drops off at an approximately 10 0 slope to
the north with a building pad of approximately 250 x 450 ft. in size.
The site if used for multiple could have . one and possibly two
buildings -built orienting north onto the private open space pond.
With either multiple or commercial use, the natural buffers which exist
on the site of the single family - groves of trees and single trees -
should be preserved and additional screening and buffering should be
provided. To accomplish this, a 20-25 ft. eastment should be included
on the plat connecting the 5.4 acres of private open space around the
pond with the small wooded buffer adjacent to the East/West Parkway.
This space should be heavily planted and include a walkway connection
to the East/West Parkway.
M-1 19.8 acre site located south of the East/West Parkway.
The M-1 site is part of the knoll between the low open space and the
NSP easements, and Neill Lake in the Preserve. The development of
this site should be coordinated with the various property owners of
the knoll. Likewise, road access and unit type should be consistent
with all owners. The sloping terrain on the Eden Land portion of the
site ranges from very flat in the lowlands to 15-20% slopes rising over
50 ft. sloping north/south. Siting of hillside units, either of clustered
single family or lower density townhouse, overlooking the Parkway and
the open so?ce systems surrounding should make this an Ideal 1,ousing
location. Access will be off of the north/south collector street
adjacent to the 5.9 acre park. The exact location of this road and its
relationship to the M-1 site may be changed as detail design proceeds.
The number of units per acre indicated at 6.5 will most certainly be high
unless those units are of a very small square footage nature. However,
given the steeply sloping sites and the heavily wooded character, the
Page 12 Planning Staff Report - Edenvale South
units will most likely be an expensive category, therefore. with
larger square footages and producing a lower units per acre density
Critical to the future development will be the protection of the major
specie trees on the hillside. Therefore, the clustering of buildings
in the existing open areas or more moderate slopes is advisable.
F. Outlot 1) .54 acres located north of the Parkway and east of the school
site.
The outlot in the Edenvale South plan is not indicated as public open
space or private open space. On the north, the Lake Eden drainage
area and the sewer easement are included on the site. The character
of the land and the soil types would indicate the use of this property
for open space purposes. Also, the isolation of this parcel from other
housing/land uses by the East/West Parkway, Lake Edenvale, the
school, and the North/South Parkway seem to indicate the usability
of this parcel for open space use. Its connection with the Lake
Edenvale/Neill Lake system and the school make it an excellent area
for play field or other uses for the school site.
if this outlot of 11.54 acres is included in the open space systems,
approximately 30% of Edenvale South P.U.D. would be in open space
purposes. This would correspond with the other P.U.D.'s in the area,
Hustad and the Preserve. Due to the location of the outlot, it would
seem best that this property be in public open space rather than private.
The use of the property as part of the Lake Edenvale lowland area would
seem Most logical and its combination with the lowland of the school
site.
Public Open Space and School Site.
A meaningful open space system is developed running north/south
from the Major Center through Lake Edenvale, the school site, and
south along the NSP power easements. The connection with an
underpass between the school site and the 5.94 acre public park will
be installed by Eden Land Corporation to permit grade-separated
movement. Looking at the school, East/West Parkway, and public
park south, the logical use of the small triangular knoll between the
pond and the M-2 site and the school would be as public open space
buffered with the pond to the M-2 hillside site. At such time as the
M-2 site is developed, this property from the sewer easement to the
school site could be conveyed to the public after that acreage is used
for density credit on the M -2 site
The lowland park area south of the East/West Parkway is the beginning
of a lineal open space system that will connect all the way to Purgatory
Creek. Muchof this will be left as natural water retention areas with
some play field development possible.
RESOLUTION NO. 810 EXHIBIT A , P. 7
Page 13 Planning Staff Report - F,denvale South
5. Impact upon Adjacent Sites
Edenvale South P.U.D. accommodates the proposed land uses surrounding
this site very well by providing roadway connections and complimentary
uses. The land south of the single family area connected with Glen Road
or possibly Willow Court will be developed as a lower density single
family development. As was mentioned with the M-/ site, the development
of the knoll with lower density townhouse or clustered single family is
consistent with the plan of the Preserve. The development of the public
open space and water retention area is consistent with the Major Center
P.U.D. and the Village drainage plans. To the north, the use of the
property between 169 and Lake Eden as single family residential is
enhanced by the Edenvale South development proposal.
The proposed commercial areas and multiple M-2 site along 369 should be
workable given the proximity to a major arterial, U.S. trunk highway, as
well as the Vo-Tec school and potential junior college. The impact of the
non-conforming use service station on a half-acre parcel upon the
neighborhood center proposed or multiple will be greatly influenced by
the specific development at that location. The continuation of the gas
station use as currently existing would certainly be changed and relocated
on the site.
6. Summary and Recommendations:
1. The land uses and building types approved in the Edenvale South P.U.D.
plan may be modified by changing conditions which are based upon sound
planning, engineering, economic, or social criteria.
2. On-site tree survey o should be made within the single family area prior
to road and utility construction to insure that major vegetation is
preserved.
3. All of the single family lots should be served by a logical walkway system
which connects with the private or public systems, enabling movement
without use of community streets.
4. The quasi-public pathways and open space corridors shall be usable by
the public although maintained by the Eienvale South owner's association.
The legal tools make take the form of an easement, covenant, or article
In the homeowner's association document.
5. All pathways and underpass structures proposed shall be installed by the
Eden Land Corporation at the time of development of each separate phase
and shall be constructed to standards acceptable to the Village Trail
and Pathway Committee.
6. Th.-2 policies outlined in the Housing Task Force Report require large scale
developments to provide a wide spectrum of housing, producing oppor-
tunities for all income levels within the community. As currently pro-
posed, the Edenvale South site does not include units available for low
and moderate income individuals. Utilization of the M-2 sites for a mix
of income within structures seems possible In that their relationship with
the Vo-Tec and potential junior college site indicates there rnew be a
demand for lower cost units.
Page 14 Planning Staff Report - Edenvale South
The Edenvale South P. U. D. has approximately 50% of its units of
an apartment or condominium type. Without substantial commitment
to low and moderate priced units, this ratio seems unjustified. A
minimum of 10-15% of the project's total units should be available
in the lower price ranges.
7. The Edenvale South homeowner's association should be viable and
structured In such a manner that it can work closely with the Preserve
and other large homeowner's groups within the Preserve/Bluff Sector.
8. Approval of the Edenvale South P.U.D. does not exempt Eden Land
Corporation from participating in transit programs, density reductions,
or further arterial street construction. These various options for
mobility have not been defined at this point.
9. All of the lots which front on the East/West Parkway should be of a
greater depth, allowing a minimum of 75 ft. scenic setback such as
the requirements in the Preserve.
10. Both of the M-2 sites shall include sufficient buffers - earth berming,
landscaping, etc. - to establish a reasonable transition between the
single fa•Ptiy lots adjacent.
11. Prior to final plat approval, discussions with land owners north of the
single family area should establish whether a short road connection
will be necessary.
12. Buildings within the M-2 sites, due to their close proximity to the
single family areas, shall be of a reduced scale and not orient directly
onto the adjacent single family units.
13. The outlot of 11.54 acres should be dedicated as public open space to
be developed as a school/park or part of the open space system between
Neill Lake and Lake Eden.
14. Pathways running east/west along the Parkway from the neighborhood
commercial or multiple sites to the underpass shall be constructed by
the developer during the single family construction phase.
15. Recommend concept plan approval under the Village P.U.D. procedures,
which is Section 11 of Ordinance No. 135, based upon the recommen-
dations and intents of the Staff Report dated November 27, 1973.
16. Require that construction begin on the single family sites no later than
one year after approval of the rezoning for any of the sites. Prior to
any granting of building permits, the East/West Parkway should be under
construction to serve the entire P. U. D. If these steps are not taken,
then the P.U.D. approval is void and the zoning reverts to Rural.
DP
• etarriing commission mtg.
RESOLUTION NO. 310 EXHIBIT A, P. 8
iff. R EiV):ITS P.ND RI:CO 7v:%: 7.N DAT
A. Eden1 -! Sc.r1r -. N:.r,1:!,-.1 Unit Dev.lionmunt. Re ,,is.?.cl concept plan for 200
acre P.U.D. lor:oted east of T.H. 169 and west of The Preserve, rcquesting
P.U.D. approval ard rezoning to 8M-6.5 for a first phase single family
subdivision.
The Staff Report dated November 27, 1973, was discussed and the comments
from the December 4, 1973, Planning Commission meeting. Mr. Peterson
reiterated that Eden Land did not intend to dedicate the 11.5 acre outIot and
that they would commit themselves to a broad mix in housing, utilizing
whatever market or subsidized programs would exist.
Putnam indicated ,r(jhat the amount of usable open space without the 11.5
acre outlot is sontiewhat limited and that the Village should commit to an
assessment concept that would allow Edenvale to dedicate the 11.5 acre
outlot without jeopardizing the assessments for the entire area. Also, the
method in which payment for the East/West Parkway will be handled should
be discussed with adjacent landowners and the Village.
Action: Moved by Lynch, seconded by Schee to accept the P.U.D. concept
plan for the Edenvale South P.U.D. dated September 25, 1973, based upon
the entire Staff Report dated November 27, 1973, changing Items 16 and
adding 17 as follows.
16. Require that site preparation begin on the single family sites no later than one year after approval of zoning for any of the sites.
If these steps are not taken, the P.U.D. approval is void and the
rezoning reverts to Rural.
17. Building permits not granted until negotiation on the East/West'
Parkway has been completed to the satisfaction of the imp lved
parties.
A unanimous vote of approval (6-0) resulted.
'5^ •
Resolution No. 810
Edenvale South, PIM
Page 3
EXHIBIT B
That pert of the North 1/2 of the booth 1/2 cif the Northw
e
s
t
Q
u
a
r
t
e
r
,
e
x
c
e
p
t
r
o
a
d
,
Lu Settion 23, Township 116, North, Range 22 Vest, accordin
g
t
o
G
o
v
e
r
n
m
e
n
t
S
u
r
v
e
y
thereof, described aa follows: Commencing at the Northw
e
s
t
c
o
r
n
e
r
o
f
t
h
e
N
o
r
t
h
1
/
2
of the South 1/2 of the Northwest Quarter of said section; th
e
n
c
e
S
o
u
t
h
a
l
o
n
g
t
h
e
West line of said Northwest Quarter to a point which is 1
5
9
5
.
4
f
e
e
t
S
o
u
t
h
o
f
t
h
e
Northwest corner of said section; thence at right angles t
o
s
a
i
d
W
e
s
t
l
i
n
e
E
a
s
t
a distance of 194.58 feet; thence South 150 feet to a poi
n
t
1
9
4
.
3
4
f
e
e
t
d
i
s
t
a
n
t
from cad at right angles to the said West line of said sec
t
i
o
n
;
t
h
e
n
c
e
W
e
s
t
194.34 feet to said West line; thence South along said W
e
s
t
l
i
n
e
t
o
t
h
e
S
o
u
t
h
w
e
s
t
corner of said North 1/2 of the South 1/2 of the Northwe
s
t
Q
u
a
r
t
e
r
o
f
s
a
i
d
s
e
c
t
i
o
n
;
thence East *along the South line of said North 1/2 of the
S
o
u
t
h
1
/
2
o
f
t
h
e
N
o
r
t
h
w
e
s
t
Quarter to the Southeast corner thereof; thence North alon
g
t
h
e
E
a
s
t
l
i
n
e
o
f
s
a
i
d
North 1/2 of the South 1/2 of the Northwest Quarter to the N
o
r
t
h
e
a
s
t
c
o
r
n
e
r
t
h
e
r
e
o
f
;
thence West along the North line of the North 1/2 of the
S
o
u
t
h
1
/
2
o
f
t
h
e
N
o
r
t
h
w
e
s
t
Quarter to the point of beginning.
A:so the North 1/2 (31 -Government Lot 2 in said Section 23.
Ac the South one-half of Government Lot Two (2), includi
n
g
a
c
c
r
e
t
i
o
n
s
,
a
n
d
t
h
e
Soot!,
one-half of the South one-half of the Northwest one-quar
t
e
r
,
S
e
c
t
i
o
n
2
3
,
116, Range 22, according to the nap or plat thereof on file or o
f
r
e
c
o
r
d
rr.o office of Register of Deeds in and for Hennepin Cy, Min
e
s
o
t
a
.
to easements of record.
Met: part f the .Vorthwest Quarter of the Northwest Quarter of Section 23,
Tow,shi? flo North, Rane 22 Wss, described as foltcws:
Go11,71-!acing. at a point in thr Z1ortf, line o;- said sect!onuhere the satw.- is
ter3ecAet.: by the ceaterlii:t of State Eiffmay N ,..teberc,1 212 and 151, formerly
as N,...ber 5; theme Southwesterly aloti:: the centerline o
f
s
a
i
d
F
i lthway
to the West line of said section; thence South along 'ale West lice O
f
s
a
i
d
sectian to the Southwest coroor of the Northwest Quarter of the Northwest
Q.Jarter; thence East along tho South %ine of the se 1 tra
c
t
t
o
t
h
e
S
o
u
t
h
e
a
s
t
corner aera:f; thence N ,Jrth ulcLi tht Lost 1:ne of said tr.ct to the North-
ea..t corner thereof; thtnce Wer. alonz the ro-a lint. of :IBA tract to the
olca of be!;inning, except that part of the N,rth 182.9 f
e
e
t
a
f
s
a
i
d
N
o
r
t
h
-
Quartt.r of the Northoest cli.,rter lying ....est of a line drawn at rfahr
Lot:y N..ri:h lin:: of iaid `!orthwe,:t t'o.a :-.orthw.?rtg ,==:rter
574.E2 feet 1--.:ast or the Ndrthvest corner of said Section 23.
Llso, tho Noriheast Quarter of the Northwest cnarter of Se
c
t
o
l
:
2
3
,
T
o
w
n
s
h
i
p
Ono.110mirod Sixteen (115) North, R.inge 22 test.
it s. the N4.,:-ti!,,t,:st 0. La, I: 05. S,c7i., 25, founsl.ip
22, HeLnypin County, tiiii.iesota, c%cept that part of tie North 683 feet thereof'
rJSt of a tine Grztva parallel with en.i 1005.08 :set Vest of the Enst .
. line thereof.
12/18/is Planning Commission Mtg.
III. REPORTS AND RECOMMENDATIONS:
A. Edenvale South Planned Unit Development. Revised concept plan for 200 acre P.U.D. located east of T.H. 169 and west of The P
r
e
s
e
r
v
e
,
r
e
q
u
e
s
t
i
n
g
P.U.D. approval and rezoning to RM-6.5 for a first pha
s
e
s
i
n
g
l
e
f
a
m
i
l
y
subdivision.
The Staff Report dated November 27, 1973, was discusse
d
a
n
d
t
h
e
c
o
m
m
e
n
t
s
from the December 4, 1973, Planning Commission meet
i
n
g
.
M
r
.
P
e
t
e
r
s
o
n
reiterated tha Eden Land did not intend to dedicate th
e
1
1
.
5
a
c
r
e
o
u
t
l
o
t
a
n
d
that they would commit themselves to a broad mix in
h
o
u
s
i
n
g
,
u
t
i
l
i
z
i
n
g
whatever market or subsidized programs would exist.
Putnam indicated/ the e amount of usable open space without the 11.5
acre outlot is sont ewhat limited and that the Village should commit to an assessment concept that would allow Edenvale to dedi
c
a
t
e
t
h
e
1
1
.
5
a
c
r
e
outlot without jeopardizing the assessments for the en
t
i
r
e
a
r
e
a
.
A
l
s
o
,
t
h
e
method in which payment for the East/West Parkway wi
l
l
b
e
h
a
n
d
l
e
d
s
h
o
u
l
d
be discussed with adjacent landowners and the Village.
Action- Moved by Lynch, seconded by Schee to accep
t
t
h
e
P
.
U
.
D
.
c
o
n
c
e
p
t
plan for the Edenvale South P.U.D. dated September 2
5
,
1
9
7
3
,
b
a
s
e
d
u
p
o
n
the entire Staff Report dated November 27, 1973, changi
n
g
i
t
e
m
s
1
6
a
n
d
adding 17 as follows.
16. Require that site preparation begin on the single family
s
i
t
e
s
n
o
later than one year after approval of zoning for any of t
h
e
s
i
t
e
s
.
If these steps are not taken, the P.U.D. approval is voi
d
a
n
d
t
h
e
rezoning reverts to Rural.
17. Building permits not granted until negotiation on the Ea
s
t
/
W
e
s
t
'
Parkway has been completed to the satisfaction of the int
o
l
v
e
d
parties.
A unanimous vote of approval (6-0) resulted.
/ 12/4/73 Planning Commission Meeting
B. Edenvale South P.U.D. Revised ccncept pion for 200 acre d
e
v
e
l
o
p
m
e
n
t
•
locate.d east of T.1-1. 169 and west of The Preserve. Request
P
,
U
.
D
.
rezoning and preliminary plat approval. Staff Report presented
.
Planner pi esented the Staff Report to the Commission, which had
n
o
t
b
e
e
n
distributed until Tuesday. Dec. 4. Therefore, no action would b
e
t
a
k
e
n
on the proposal. He noted that the Staff Report was rather exten
s
i
v
e
a
n
d
dealt in detail with each of the development sites, indicating de
v
e
l
o
p
a
b
l
e
ground, potential unit types, and site treatment. Putnam said h
e
f
e
l
t
i
t
is important to give specific direction to the Planned Unit Dev
e
l
o
p
m
e
n
t
s
coming into the Village at this point so that future Planning Com
m
i
s
s
i
o
n
s
,
Councils, and developers would be able to understand the groun
d
r
u
l
e
s
for approval.
Mr. Peterson, president of Eden Land Corporation, made several
c
o
m
m
e
n
t
s
on the Staff Report which he had received earlier. He noted:
1. that they had purchased a 380" deformed culvert to use as an u
n
d
e
r
-
pass for the East/West Parkway and intended to install that faci
l
i
t
y
.
2. that the ttepairement in Item 16 on Page 14 of the Staff Report r
e
q
u
i
r
e
d
that the Eat/West Parkway be under construction prior to the
i
s
s
u
a
n
c
e
of any building permits. He was not sure at this point how muc
h
o
f
the parkway Edenvale would be constructing and whether it woul
d
connect with The Preserve. He did not feel that his developmen
t
needed that connection in the early stages and that it may be po
s
t
-
poned until later stages in the development. This would have to
b
e
discussed with The Preserve and the Village Engineering Departm
e
n
t
.
3. regarding the outlot indicated in Item 13 on Page 34 of the Staff R
e
p
o
r
t
,
Mr. Peterson and Eden Land Corp. do not wish to dedicate the
1
1
.
5
acre open space to be developed as either a school or park site
a
t
this time, and he felt that the Village assessment policies whic
h
shift the cost of the road from that site if dedicated to the publ
i
c
t
o
private lands which they own, thereby inereasing the cost per l
o
t
o
f
the parkway road. Also, he did not feel that Edenvale South ne
e
d
e
d
to dedicate this open space since they had enough without it. A
c
r
.
n
-
cern that the school would not develop on the site which they o
w
n
,
and hence would not utilize the 11 acres as open space was al
s
o
a
concern which Mr. Peterson expressed.
4. (tern 6 in the Staff Report on Pages 13 and 14 deal with the pro
v
i
s
i
o
n
of low and moderate income housing within the Edenvale Sout
h
P
.
U
.
D
.
The Staff Report recommends that a figure of a minimum of 10-15%
o
f
the project's total units should be available in lower price ran
g
e
s
t
o
c.on plerneit th.? relationship with the S:zbusban HennrIpin Co
u
r
L
y
Vocational Technical School, potential junior college, and Maio/
.
Center Area. Mr. Peterson indicated that given the lack of Fed
e
r
a
l
programs that exist that they feel it would be very difficult for th
e
m
t
o
assure the Village that they could provide those units, but indic
a
t
e
d
that Eden Land Corporation, just as in Edenvale, would strive t
o
p
r
o
-
duce this range in income levels within its project.
Putnam indicated the ability to seek out new programs such as
developing student housing, for example, with State and Federa
l
monies or other opportunities which may exist
.
The Commission asked that the Ddenvate Sou
t
h
P
.
U
.
D
.
b
e
r
e
f
e
r
r
e
d
t
o
t
h
e
Human Rights Commission at their next meeti
n
g
f
o
r
c
o
n
s
i
d
e
r
a
t
i
o
n
o
f
t
h
e
provision of low and moderate income housi
n
g
.
M
r
.
P
e
t
e
r
s
o
n
s
a
i
d
t
h
a
t
he would be able to attend such a meeting.
The Commission referred this project to its n
e
x
t
m
e
e
t
i
n
g
,
D
e
c
e
m
b
e
r
1
8
,
so that it may have a chance to review the rta
f
f
R
e
p
o
r
t
a
n
d
r
e
v
i
e
w
t
h
e
Park & Recreation Commission and Human
Rights Commission recommen-
dations.
11/26/73 Park & Recreation Commission Meeting
3. Edenvale South revised P.U, D. plen. jessen reviewed the single
family part of this development at this time and indicated areas where
other types of development might occur. He suggested that the
Commission recommend approval of the project subject to the following
recommendations:
3. That an easement to the public for the use of the paths to be constructed
in the private open space areas be granted to the Village. '
2. The 11.54 acres just east of the site presently owned by the Eden
Prairie School District be dedicated to the Village to create a
school/park complex.
WHolasek. S/Fields that the Park and Recreation Commission recommend
approval of the Edenvale South revised P.U.I). to the Planning Commission
and Council subject to the recommendations of the Staff. Motion carried
unanimously.
11/20/73 PT5nnthg Commission Meeting
C. Edenvale South PuD, revised concept plan for 200 acre PUD located
east of T.H. 16) and west of The Preserve. Request PUS rezoning
and preliminary plat approvals. Bob Engstrom reviewed the plan ad-
justments; better access from this development to adjoining property,
reduced the strip multiple/commercial along 169 and redesigning
of commercial/multiple sites. The neighborhood commercial arm; are
being held until a Village survey on such centers for Eden Prairie
is complete. Putnam said a traffic study of the area indicates heavy
eolumes on the roads orcpcsed, this may require a different road
nonfliNuNMAon or re,:in,cd land use densities. Mr. Peterson roWastod
action so alcuriale can gat the roadway engineered for Spring construc-
tion.
Staff report to be prepared by the next meeting.
PLANNING STAFF REPORT
Project: Edenvale South
Applicant: Eden Land Corporation, Eden Prairie
Location: Site is a 200 acre parcel adjacent to Flying Cloud Drive
west of The Preserve and northeast of the Suburban
Hennepin County Vocational Technical School. It is
approximately divided by the East/West Parkway
extended from The Preserve to 169.
Action Requested: 1. Approval of P.U.D. Concept Plan
2. Development Stage of the First Single Family Addition
3. Approval of the Preliminary Plat for First Addition
Date: November 27, 1973
Refer to: Original P.U.D. submission June, 1973, by Landmark
Engineering; Revised Site Plans, latest being September 25,
1973; Planning Commission and Park and Recreation Commission
Minutes.
From: Richard Putnam, Village Planner ?ft'
Thru: Robert P. Heinrich, Village Manager 71.
Outline:
1. Introduction
2. Sector Planning in Area
3. Plan Elements
4. Evaluation of Revised Plan
5. Impact upon_Adjacent Sites
6. Summary and Recommendations.
1. Introduction:
A. Background:
The use of the approximately 200 acres, termed the Edenvale South
P.U.D. , has undergone changes in land use concept over the past
35 years. In the '50s and early '608, Eden Prairie's zoning plan
showed a strip along 369 being used for Commercial development,
consistent with strip zoning practices of the day, and the remainder
of the site as single family, or rural. The advent of the Guide Plan
in 1968 eliminated the strip commercial zoning along 169 and
Indicated the need for an elementary School and park facility located
in the area. Likewise, a proposal was made for an &at/West Parkway or
arterial street connecting Co. Rd. 18 with 212 and T.H. 5 and north
to the Crosstown The Guide Plan indicated that road
would form a boundary for the intense development of the Major Center
Area, having Highway Commercial and Multiple north buffering the
Major Center . The Guide Plan was accompanied with Zoning
Ordinance No. 135, which is our current ordinance today.
Since 1968, many things have changed in the areas affecting the
Edenvale South P.U.D. The Vocational Technical School was con-
structed just south of this site, providing a regional educational
Page 2 Planning Staff Report - Eden/ale South
facility administered through Hennepin County. The East/West
Parkway alignment was moved south from the conceptual location
in the Guide Plan to approximately bisect the Edenvale South site,
running east/west and intersecting 169 approximately 300 ft. north
of the existing Research Road intersection. A large planned unit
development, The Preserve, of over 1,000 acres was approved in
1970, which incorporated a range of uses from single family detached
homes to a regional shopping center. An important element in The
Preserve concept was the focus upon the Neill Lake center, a short
distance east along the East/West Parkway from Edenvale South
as antfthbothsod focus, consistent with the goals and objectives of
the "community centereoutlined in the Comprehensive Guide Plan.
The center includes an elementary school site, which is being
dedicated to the School District and the Village for a school/park
development.
A more recent planning effort, the M.C.A./ P.U. D. , more closely
defines the Major Center Area outlined on the Comprehensive Guide
Plan and specifies intensities and uses within this area as well as
a project boundary. The Edenvale South P.U.D. is not a part of
the M.C.A. but is affected through such systems as transportation,
drainage through Lake Edenvale, and employment/housing demand.
Planning is currently underway with the School District to investi-
gate possibilities of acquiring a secondary school campus and
community center site across 169. These refinements of the original
Comprehensive Guide Plani engineering and highway planning work
have influenced the Edenvale P.U.D. and shaped many of the land
use proposals currently before the Village for consideration.
B. P.U.D. Concept:
I believe it's important in approving a planned unit development to
think of the basic intents of the process. It is apparent
in our work with the planned unit development approach in Eden
Prairie,that it is a method of coping with changing conditions, which
are inherent in any community's development process. It is
a process which utilizes specific ordinances and standards to achieve
the more important goal of producing an excellent finished environ-
ment.
As utilized, the P. U. D. procedures within Ordinance No. 135 are
not viewed as a means of circumventing existing ordinances related
to setbacks or subdivision standards, but rather is utilized as a
flexible means of placing proper development on a site without
the constraints of artificial standards that may not apply.
P.U.D. approval, as indicated on the official Village zoning map,
as a zoned district, P.U.D. with the number corresponding, is in
effect a legal contract between the land owner and the municipality
which states specific conditions which each must fulfill,
Page 3 Planning Staff Report - Edenvale South
These conditions take the form of time
limits, density ranges, site improvements, open space contributions,
and various land use types.
Edenvale South P.U.D. will be a unique planned unit development
when compared to the large Preserve or Edenvale.developments.
Edenvale South is of limited size and, hence, limited functions.
It must rely upon external systems, such as roads, open space,
commercial services, etc. Consequently, it is rather a piece of
the pie of the entire Preserve-Bluffs Sector.
I believe that the conceptual land use plan approval should deal
with specific areas in their acreage, ownership, and committed
use. Likewise, discussion of development type anticipated
(3-story apartment, townhouse, single family detached) should be
specified in the plan. A range in densities would be inherent in
any statement of development type, but that specific numbers of
units would not be assigned to individual parcels. Likewise,
commitments to development of private and public open spaces,
road systems, and other engineering concerns must be considered.
The land uses and building types approved in the P.U.D. plan may
be modified if the change of conditions, agreed upon by both parties,
are based upon sound planning, engineering, economic, or social
criteria. P.U.D. procedures and approvals must meet the changing
conditions inherent in community development.
2. Sector Planning:
Since there are major land owners and previously approved P.U.D.'s in
The Preserve Sector, the Planning Commission asked that the land owners
get together with the Village staff and propose a land use/transportation
plan for the entire Preserve Sector area. Edenvale South was one of the
large land holdings proposed. The plan was submitted as the Bluff Sector
Study, which indicated the land owner and developer's wishes as to type
of development and densities proposed.
Based upon the Bluffs Sector proposal, traffic analysis work by HNTB
is proceeding which will indicate the feasibility of the road systems
proposed and as they're influenced by the land use densities. This
analysis indicates some discrepancy between the overall units proposed,
the road system anticipated, and the ability to handle the traffic.
Other planning efforts that influenced the Bluff Sector are currently
underway. They are:
a. Open space system planning for Purgatory Creek, being done in
cooperation with the watershed district and the Village Park &
Recreation Commission. Study being done by Brauer & Associates.
b. The Village and School District are currently studying the
feasibility of a secondary high school site and community center
located west of 169.
Page 4 Planning Staff Report - Edenvale South
c. The Metropolitan Airports Commission is currently master
planning the Flying Cloud Airport with relation to its possible
future expansion and air classification.
d. The drainage study for Lake Eden and Neill Lake area has been
completed by Barr Engineering, which will provide storm water
drainage for the entire central area of the Preserve Sector and
some of the Major Center.
e. Anderson Lakes Park is becoming a reality, both by funding and
property acquisition. Some preliminary design and park concept
work has been completed by the Village with help from Hennepin
County and Les Blacklock.
f. The toll bridge issue on )69 as well as the defeated referendum
for 98th Street's extension to meet with Co. Rd. 1 will have
some impact upon transportation within this area.
These studies, some complete and others just beginning, will be used
in evaluating development proposals and total planning within the area.
The Edenvale South P.U.D. is influenced by many of these studies and
others have been incorporated in the planning, such as drainage study
by Barr Engineering. The creation of the Preserve and its Preserve
Center area with schools and commercial facilities will have an impact
upon what facilities should be provided within the Edenvale South area.
Likewise, the densities proposed in the multiple site may be influenced
by the traffic capacities on the roadways.
3. Plan Elements:
a. Natural Features:
The natural features of the Edenvale South site can be classified in
three distinct categories. One is the lowland area adjacent to I
Lake Eden in the Neill Lake chain which connects to Purgatory
Creek. The second ae the upland ponds which currently help
drain the area.. The third area is rolling upland in the southeast
and north with some forest cover Wt predominantly open pasture
land.
The proposed plan respects the majority of the lowland areas in
Group ) as well as the upland ponds by maintaining them as private
or public open space. There is some encroachment south of the
Parkway along Willow Court requiring filling for some lots and the
road on the east side of that 6 acre open space. The upland ponds
in the M-2 sites will most certainly be retained as amenity and
drainage areas. it is not shown on the plan but would most certainly
be an element of the development stage application.
Page 5 Planning Staff Report - Edenvale South
The majority of the upland area is devoted to single family lots
which would average out slightly smaller than the 13.5 minimum.
Some of these streets will encounter some grade problem and require
cutting and filling to make home sites usable. This becomes extremely
critical in the three northern cul-de-sacs which are located in wooded
areas. Great care in the final engineering grades and utility/home
construction will be required to preserve the existing vegetation.
The basic site planning techniques do respect the physical features
of the land through siting proper development types as well as
maintaining significant open spaces on slopes, lowland drainage
areas, and in wooded areas to protect buffer zones.
The open space system is divided into two distinct but complementing
types. The private open space is predominantly internal to the
development areas and provides circulation and amenity space for
the future residents. Most of the single family lots and all of the
multiple sites have pedestrian connections which would lead them
to the future school site/public open space areas via these routes.
It is assumed that the public has a right to use these open space
systems for walkway purposes and that acceptable hard surfaced
walkways will be installed by the developer, concurrent with
development, to make these systems workable.
The second open space system proposed is the public dedication of
approximately 20% of the total project area. Much of this land will
be used for drainage purposes, not for just this project but the entire
drainage area, which includes part of the M.0 .A. The lake storage
area has been indicated on the Village drainage plan, and the inclusion
in this proposal is consistent with Barr Engineering's drainage study
of the area. The use of the public open space, particularly around
Lake Edenvale, will be of a more passive nature with some natural
areas to be preserved. The use of the public open space south of
the East/West Parkway is not determined, but this area widens out
to permit significant open field game spaces and some park develop-
ment if required.
The outlot of 111 acres is not depicted in the open space system plan
but would seem a logical use for that property in that it is bounded
by the Preserve North/South Parkway and the East/West Parkway, and
to the north and east the school and Lake Edenvale site. The low, poor
soil character of this outlot seems well suited to open space develop-
ment. The inclusion of this outlot in the open space calculations
would comprice approximately 1/3 of the total public open space of
this project.
Much of the success of retaining the natural features on this site will
be determined through the specific development plan on each of the
sites as well as the road/utility construction and individual home
building on the single family areas. The revised plan does allow for
Page 6 Planning Staff Report - Edenvale South
more flexibility in developing the multiple sites and produces
Interesting lots utilizing the sloping character of the site.
b. Housing:
Housing Units
# units % Type Cost
192 30 single family detached $35+ - $50,000
129 20 townhouse attached
single family 0?
304 SO apartmenthondomirdum ?
625 100
Land Use Breakdown
141 oo p ep e nn ss pp aa cc ee (( pp rr vv aa tt ee j
20 - open space (public)
outlot (open space-public) assumed
35 s.f.d. rl
9 s.f.a. ml
apartment/condominium m2
4 commercial
100
Open = 35% Developable = 65%
The Blenvede South plan is proposing a mix in housing types,
consistent with most land use developments
within the municipality. The two multiple sites have extremely
different characters, both enjoying high quality access for major
arterial streets. Both Sifts utilize a water amenity and offer
the opportunity for moderate to expensive housing units,
The ml • attached single family site is located in a
difficult topographic and forested area and will require units able
to accommodate rapid grade changes. Likewise, the density of
these townhouse 0 units will be of a
low density due to the terrain and site character. Their cost will
most certainly be above moderate income capabilities unless
subsidized in some fashion.
The single family, totaling 192, will be available for homes ranging
in price from he upper $30,000's to the $5.0,000 range. Though the
lots are smaller than the normal 13,500 square footage, it is
Acres
29
40
74
20
is
188
Page 7 Planning Staff Report - Edenvale South
compensated for by the open space systems. The income ranges
would not be open to low and moderate income families within these
single family areas without some form of subsidy.
Within some of the m2 sites or ml areas, there may be an oppor-
tunity to develop some housing of a moderate to low price range,
particularly along Hwy. 369, due to its close relationship with the
Vo-Tec school and a potential junior college. The Edenvale South
project is adjacent to an approved 236 project in the Preserve,
Winds lope, which would provide 168 low, moderate, arid market
rate apartment units. This project has not been funded nor approved
by F.H.A. to date. To be consistent with the recommendations of
the Housing Task Force Report, the developers of Edenvale South P.U.D.
should be required to provide units affordable by most economic levels.
This will entail an affirmative program to produce housing units
utilizing governmental programs or through private sector by constructing
lower priced housing units. Approximately 50% of the total units in the
Edenvale South site are of an apartment or condominium type, as
currently proposed. Without an affirmative program to produce a
wide spectrum of unit costs, this relationship may not be valid.
Eden Land Corporation should give detailed study to providing units
open to low and moderate income individuals within the 10-15% total
of all units in the P.U.D.
c. Community Facilities:
The residents in the Edenvale South site have proximity to many
community facilities, which include the Major Center Area with all
its commercial, cultural services; the Preserve Center which will
include schools, churches, and neighborhood shopping as well as
recreation; also the proposed secondary community center/high
school site west of 169 and the potential junior college and existing
Vo-Tec School are nearby. Likewise, the School District owns a
site of 11.26 acres located adjacent to the East/West Parkway.
Many open space systems for active recreation as well as natural
wildlife habitat exist in close proximity. There is little question
that the residents of the Edenvale South area will have an abundance
of community facilities at hand.
Due to the private open space systems and Edenvale South relationship
to the Preserve, it is imperative that a viable homeowner's association
for the entire P. U. D. be organized that will administer the maintenance
of the open space systems and also function as an input group to
work with other homeowner associations in the Village regarding
common problems and implementing community programs.
d. Transportation:
A traffic analysis of the entire Preserve/Bluff Sector is being conducted
by HNTB, which indicates the densities of development throughout the
entire sector seem to be over what the existing and proposed road system
can handle, if current transportation patterns continue. The land owners
Page 8 Planning Staff Report - Edenvale South
in the area and the Village staff are currently discussing options
involving reducing land use densities, designing additional road
systems, ot providing alternate transportation systems for the
developing areas. Of course, portions of each alternate may be
utilized in the final solution. However, an interesting concept
is being considered. Just as public open space is dedicated with
each development or dollars in lieu of open space and roads are
built to serve each project, - to incorporate transit
planning and implementation through contributions
-as development occurs, , recognizing
the changing travel characteristics of
coming generations. The energy shortages experienced today are
predicted to be commonplace in the future and that transportation
luxuries which we have enjoyed over the past decades will be changed.
Working closely with the MTC , development in the major
Center Area and highway departments, I believe,itis possible •
to achieve positive transit proposals which will have a definite impact
upon the overall transportation system within Eden Prairie which
responds to major metropolitan shifts.
Prelijninary analysis blr Howard, Needles, Tammen & Bergendoff
indicatesthat perhaps a north/south arterial may be needed, connecting
with the Preserve n"rth/south road to the Major Center. This would not
alter the_Edervale &nth plan as it exists today. Likewise, a design of
the East/West Parkway as a four land divided roadway would not be
altered. Therefore, for approval of the single family and conceptual
land uses in the Edenvale South proposal, the specific road alterna-
tives do not affect this area. The road designs for the local streets
should conform with all engineering standards and will be constructed
by the developer.
4. Evaluation of Revised Plant. dated September 25, 1973
A. Single Family R1-73.9 acres, 192 units proposed:
The configuration of the single family area has undergone numerous
changes during the planning process. Realignment of streets, extension
of single family areas into previous multiple proposals, and redesign
to accommodate connection with other land developments were made.
The lots offered will vary from wooded lots on cul-de-sac streets to
hillside walkout lots fronting onto major open space. Almost all of
the lots have direct access to pedestrian open space systems which
provides for surfaced walkways ) streets connecting
with the school and public areas. Those lots that are not directly
accessible to walkways ,should have sidewalks along streets
or easement pathways from the end of cut-de-sacs to existing systems.
Page 9 Planning Staff Report - Edenvale South
Many lots within the single family area border on two streets or to
areas which will be developed as other uses, such as the M-2 sites
or the neighborhood commercial area. These lots should be of larger
depth than the normal lot to accommodate the significant buffer space.
Also, the areas bordering the M-2 sites should provide sufficient buffer
space and treatment, such as plantings, earth work, etc., in conjunction
with the design of those structures.
The size of the lots are normally below the 13.5 minimum established
in Ordinance No. 135. The density proposed on the development plan
is approximately 2.6 dwelling units per acre. This compares favorably
with other single family developments in the Preserve and Edenvale in
density range. If private open space systems which are within or
surround the single family areas are added in, the total acreage is
approximately 103 acres with 392 units, which produces a density of
1.7 units per acre. I believe this indicates that single family homes / clustered in a logical fashion, can Protect amenity water areas and
slopes, without overloading the density of the land.
The single family plat seems to be extremely well designed and
accommodates the needs for utility and roadway construction. It
provides the connection in two areas to properties developing south
nd should investigate the potential connection of a street to the
lorth off of Summit Court. Prior to preliminary plat approval, dis-
cussion with the adjacent owner should indicate the necessity for
such a Street. Also, in the preliminary plat development, detailed
work should be done on some of the lots, such as those adjacent to
the East/West Parkway to assure a significant buffer between the units
and street, accomplished with landscaping distance or house placement.
B. The M-2 multiple site of 11.6 acres adjecInt to the East/West Parkway
and Glen Road.
This site, indicated at 12 units per acre, varies from an elevation of
854 to a low of 836 adjacent to Lake Eden and the small pond adjacent
to the school site. The site is dominated by a slope ranging from 10-15%
to the small pond and Lake Edenvale area. The actual building site
comprises a strip approximately 150-250 ft. wide off of Glen Road. The
lowland area of the pond and beneath the slope along Lake Eden com-
prise approximately 21-3i acres of the site. These areas are
unbuildable and are being used as amenity and density credit.
The buildable site of approximately 81 acres is being proposed
for a three story or less structure, perhaps similar to that of Fairway
Woods, located in Edenvale. However, because of the orientation
to the single family lots along Cottonwood Court and Crestview, the
length and scale of the proposed structures should be more in keeping
Page 10 Planning Staff Report - Ddenvale South
with the single family areas. Therefore, the length and size of
buildings should not form 200 and 300 ft. long apartment structures.
Likewise, the view amenity would indicate a single loaded in con-
trast to a double loaded corridor building orienting north and east
rather than to the single family areas west of Glen Road. No number
of units can be ascribed to the site, but the 139 units estimated by
Eden Land would be very difficult to construct on this site, given
the constraints mentioned. Therefore, dependent upon unit size,
specific building design, and site planning, a reduced number
of units would be possible.
If, due to road system planning in the area, density reductions are
necessary through all developments in the Preserve Sector, this site
could be changed to single family use and be very consistent with
adjacent development.
C. M-2 site south of East/West Parkway adjacent to 169, comprising
13.7 acres and 5.38'acres, suggested at 15 units per acre.
The site totals 19 acres land area, excepting the small f acre site of
the existing Leonard's big discount gas station, of buildable land.
Approximately three acres pan be exempted where the pond along 169
exists, leaving 16 acresgilatively flat, buildable land. A small grove
of trees exists just to the north of the pond and the old homestead, and
would most certainly be preserved.Lbring developtnent,access to the
site would be from 169 and perhaps the East/West Parkway. A median
break on the East/West Parkway may not be possible and only in-and-out
access via the westerly lane be considered. The site was expanded
east/west to provide a strip of significant depth for development east
of the small pond of approximately 400 ft. which would allow parking and
building and buffer treatment within a flexible site plan. North of the
pond, extending to the East/West Parkway, the site is between 550-600 ft.
in depth providing excellent development potential.
The plan indicates that the 5.3 acre northern site may be used for
multiple or neighborhood commercial. If the commercial study indicates
a commercial site as necessary in this area, inclusion of the gas station
site would be required. Also, a design of the neighborhood center would
be integrated with the multiple proposed on the south 13 acres. Either
the multiple or commercial development on this site will require great
care in the buffer treatment with the single family homes to the east.
The density suggested at 15 units per acre cannot be determined at this
point in that a great deal will depend upon the type of unit. Perhaps
student-oriented housing for a future college or the Vo-Tec would dictate
smaller units, square footage-wise, with a greater number; however, if
family units are constructed, the total units would be reduced.
The provision of a mix of income range housing within the Edenvale South
project seems likely to occur in the low or moderate range within the
M-2 site. The Village and Eden Land Corporation should investigate
all possible programs to make available low and moderate income units
within this site in conjunction with normal market rate units.
Page 11 Planning Staff Report - Edenvale South
The building types within this site may take the form of a three story
or less structure with a single loaded or double loaded corridor con-
struction. The scale of these units should be small to complement
the single family located west. This would mean the reduction of
size from the normal corridor building in overall length and massing.
Design of the units to minimize the noise impact from 169 and 212 is
also important to final development of the site.
D. The M-2 or C-Neighborhood site of 4.58 acres located north of the
East/West Parkway along 169.
Pending the recommendations of the commercial study for the Village,
this site may be utilized for small scale neighborhood commercial and
service site. The limited size and natural boundaries of the pond on
the north side and the manmade constraints of the roads and single
family lots establish physical contraints upon the size of this
commercial area. The land drops off at an approximately 10 0 slope to
the north with a building pad of approximately 250 x 450 ft. in size.
The site if used for multiple could have . . one and possibly two
buildings built orienting north onto the private open space pond.
With either multiple or commercial use, the natural buffers which exist
on the site of the single family - groves of trees and single trees -
should be preserved and additional screening and buffering should be
provided. To accomplish this, a 20-25 ft. eastment should be included
on the plat connecting the 5.4 acres of private open space around the
pond with the small wooded buffer adjacent to the East/West Parkway.
This space should be heavily planted and include a walkway connection
to the East/West Parkway.
E. M-1 19.8 acre site located south of the East/West Parkway.
The M-1 site is part of the knoll between the low open space and the
NSP easements, and Neill Lake in the Preserve. The development of
this site should be coordinated with the various property owners of
the knoll. Likewise, road access and unit type should be consistent
with all owners. The sloping terrain on the Eden Land portion of the
site ranges from very flat in the lowlands to 15-20% slopes rising over
50 ft. sloping north/south. Siting of hillside units, either of clustered
single family or lower density townhouse, overlooking the Parkway and
the open space systems surrounding should make this an ideal housing
location. Access will be off of the north/south collector street
adjacent to the 5.9 acre park. The exact location of this road and its
relationship to the M-1 site may be changed as detail design proceeds.
The number of units per acre indicated at 6.5 will most certainly be high
unless those units are of a very small square footage nature. However,
given the steeply sloping sites and the heavily wooded character, the
Page 12 Planning Staff Report - Edenvale South
units will most likely be an expensive category
,
t
h
e
r
e
f
o
r
e
,
w
i
t
h
larger square footages and producing a lower un
i
t
s
per acre density
Critical to the future development will be the pr
o
t
e
c
t
i
o
n
o
f
t
h
e
m
a
j
o
r
specie trees on the hillside. Therefore, the clu
s
t
e
r
i
n
g
o
f
b
u
i
l
d
i
n
g
s
in the existing open areas or more moderate slo
p
e
s
i
s
a
d
v
i
s
a
b
l
e
.
F. Outlot 1 .54 acres located north of the Parkw
a
y
a
n
d
e
a
s
t
o
f
t
h
e
s
c
h
o
o
l
site.
The outlot in the Edenvale South plan is not indi
c
a
t
e
d
a
s
p
u
b
l
i
c
o
p
e
n
space or private open space. On the north, the
L
a
k
e
E
d
e
n
d
r
a
i
n
a
g
e
area and the sewer easement are included on th
e
s
i
t
e
.
T
h
e
c
h
a
r
a
c
t
e
r
of the land and the soil types would indicate the
u
s
e
o
f
t
h
i
s
p
r
o
p
e
r
t
y
for open space purposes. Also, the isolation of
t
h
i
s
p
a
r
c
e
l
f
r
o
m
o
t
h
e
r
housing/land uses by the East/West Parkway, L
a
k
e
E
d
e
n
v
a
l
e
,
t
h
e
school, and the North/South Parkway seem to i
n
d
i
c
a
t
e
t
h
e
u
s
a
b
i
l
i
t
y
of this parcel for open space use. Its connectio
n
w
i
t
h
t
h
e
L
a
k
e
Edenvale/Neill Lake system and the school ma
k
e
i
t
a
n
e
x
c
e
l
l
e
n
t
a
r
e
a
for play field or other uses for the school site.
If this outlot of 11.54 acres is included in the
o
p
e
n
s
p
a
c
e
s
y
s
t
e
m
s
,
approximately 30% of Edenvale South P.U.D. w
o
u
l
d
b
e
i
n
o
p
e
n
s
p
a
c
e
purposes. This would correspond with the othe
r
P
.
1
7
.
D
.
'
s
i
n
t
h
e
a
r
e
a
,
}lusted and the Preserve. Due to the location of
t
h
e
o
u
t
l
o
t
,
i
t
w
o
u
l
d
seem best that this property be in public open s
p
a
c
e
r
a
t
h
e
r
t
h
a
n
p
r
i
v
a
t
e
.
The use of the property as part of the Lake Eden
v
a
l
e
l
o
w
l
a
n
d
a
r
e
a
w
o
u
l
d
seem Most logical and its combination with the
l
o
w
l
a
n
d
o
f
t
h
e
s
c
h
o
o
l
site.
9.. Public Open Space and School Site.
A meaningful open space system is developed r
u
n
n
i
n
g
n
o
r
t
h
/
s
o
u
t
h
' from the Major Center through Lake Edenva
l
e
,
t
h
e
s
c
h
o
o
l
s
i
t
e
,
a
n
d
south along the NSP power easements. The con
n
e
c
t
i
o
n
w
i
t
h
a
n
underpass between the school site and the 5.94
a
c
r
e
p
u
b
l
i
c
p
a
r
k
w
i
l
l
be installed by Eden Land Corporation to perm
i
t
g
r
a
d
e
-
s
e
p
a
r
a
t
e
d
movement. Looking at the school, East/West Pa
r
k
w
a
y
,
a
n
d
p
u
b
l
i
c
park south, the logical use of the small triangul
a
r
k
n
o
l
l
b
e
t
w
e
e
n
t
h
e
pond and the M-2 site and the school would be
a
s
p
u
b
l
i
c
o
p
e
n
s
p
a
c
e
buffered with the pond to the M-2 hillside site
.
A
t
s
u
c
h
t
i
m
e
a
s
t
h
e
M-2 site is developed, this property from the se
w
e
r
e
a
s
e
m
e
n
t
t
o
t
h
e
school site could be conveyed to the public after that acre
a
g
e
i
s
u
s
e
d
for density credit on the M-2 site.
The lowland park area south of the East/West P
a
r
k
w
a
y
i
s
t
h
e
b
e
g
i
n
n
i
n
g
of a lineal open space system that will connect all the wa
y
t
o
P
u
r
g
a
t
o
r
y
Creek. Muchof this will be left as natural water retention areas with
some play field development possible.
Page 13 Planning Staff Report - Edenvale South
5. Impact upon Adjacent Sites
Edenvale South P.U.D. accommodates the proposed land uses surrounding
this site very well by providing roadway connections and complimentary
uses. The land south of the single family area connected with Glen Road
or possibly Willow Court will be developed as a lower density single
family development. As was mentioned with the M-I site, the development
of the knoll with lower density townhouse or clustered single family is
consistent with the plan of the Preserve. The development of the public
open space and water retention area is consistent with the Major Center
P.U.D. and the Village drainage plans. To the north, the use of the
property between 169 and Lake Eden as single family residential is
enhanced by the Edenvale South development proposal.
The proposed commercial areas and multiple M-2 site along 169 should be
workable given the proximity to a major arterial, U.S. trunk highway, as
well as the Vo-Tec school and potential junior college. The impact of the
non-conforming use service station on a half-acre parcel upon the
neighborhood center proposed or multiple will be greatly influenced by
the specific development at that location. The continuation of the gas
station use as currently existing would certainly be changed and relocated
on the site.
6. Summary and Recommendations:
1. The land uses and building types approved in the Bdenvale South P. U.D.
plan may be modified by changing conditions which are based upon sound
planning, engineering, economic, or social criteria.
2. On-site tree surveys should be made within the single family area prior
to road and utility construction to insure that major vegetation is
preserved.
3. All of the single family lots should be served by a logical walkway system
which connects with the private or public systems, enabling movement
without use of community streets.
4. The quasi-public pathways and open space corridors shall be usable by
the public although maintained by the Edenvale South owner's association.
The legal tools make take the form of an easement, covenant, or article
in the homeowner's association document.
5. All pathways and underpass structures proposed shall be installed by the
Eden Land Corporation at the time of development of each separate phase
and shall be constructed to standards acceptable to the Village Trail
and Pathway Committee.
6. The policies outlined in the Housing Task Force Report require large scale
developments to provide a wide spectrum of housing, producing oppor-
tunities for all income levels within the community. As currently pro-
posed, the Edenvale South site does not include units available for low
and moderate income individuals. Utilization of the M-2 sites for a mix
of income within structures seems possible in that their relationship with
the Vo-Tec and potential junior college site indicates there may be a
demand for lower cost units.
Page 14 Planning Staff Report - Edenvale South
The Edenvale South P.U. D. has approximately 50% of its units of
an apartment or condominium type. Without substantial commitment
to low and moderate priced units, this ratio seems unjustified. A
minimum of 10-15% of the project's total units should be available
in the lower price ranges.
7. The Edenvale South homeowner's association should be viable and
structured in such a manner that it can work closely with the Preserve
and other large homeowner's groups within the Preserve/Bluff Sector.
8. Approval of the Dienvale South P.U.D. does not exempt Eden Land
Corporation from participating in transit programs, density reductions,
or further arterial street construction. These various options for
mobility have not been defined at this point.
9. All of the lots which front on the East/West Parkway should be of a
greater depth, allowing a minimum of 75 ft. scenic setback such as
the requirements in the Preserve.
10. Both of the M-2 sites shall include sufficient buffers - earth harming,
landscaping, etc. - to establish a reasonable transition between the
single family lots adjacent.
11. Prior to final plat approval, discussions with land owners north of the
single family area should establish whether a short road connection
will be necessary.
12. Buildings within the M-2 sites, due to their close proximity to the
single family areas, shall be of a reduced scale and not orient directly
onto the adjacent single family units.
13. The outlet of 11.54 acres should be dedicated as public open space to
be developed as a school/park or part of the open space system between
Neill Lake and Lake Eden.
14. Pathways running east/west along the Parkway from the neighborhood
commercial or multiple sites to the underpass shall be constructed by
the developer during the single family construction phase.
15. Recommend concept plan approval under the Village P.U. D. procedures,
which is Section 11 of Ordinance No. 135, based upon the recommen-
dations and intents of the Staff Report dated November 27, 1973.
16. Require that construction begin on the single family sites no later than
one year after approval of the rezoning for any of the sites. Prior to
any granting of building permits, the East/West Parkway should be under
construction to serve the entire P.U.D. If these steps are not taken,
then the P.U.D. approval is void and the zoning reverts to Rural.
DP
1,-751
;•1 Lower Minnesota River Watershed District
WARRIOR OFFICE BUILDING
BURNSVILLE, MINNESOTA 55378
— Cssimer Lobansky President
Jens Caspersen Vice President
William J. Jaeger, Jr. Treasurer
Merrill M. Madsen, Jr. Secretary
Peel G. Fallquist
Lawrence E. Samstad Engineer
Raymond A. Balk Attorney
January 9, 1974
The Hon. David W. Osterholt, Mayor,
and the Eden Prairie Village Council
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Gentlemen:
The Lower Minnesota River Watershed District, in cooperation
with the United States Geological Survey and the Minnesota Depart-
ment of Natural Resources, has recently completed an extensive
study revising and updating maps identifying the flood plain
within the boundaries of the Lower Minnesota River Watershed
District.
As a result of the completion of this study and the prepara-
tion of these revised flood plain maps, it becomes necessary for the
watershed district to revise and update its flood plain regulations.
In that regard, you will find enclosed with these materials Proposed
Flood Plain Regulations, As Amended, which have been approved by the
district. Also enclosed are the copies of the revised flood plain
maps and a notice of the public hearing scheduled for January 29,
1974.
We understand that each municipality and other local units
of government within the Lower Minnesota River Watershed District
will presently be required to consider the adoption of flood plain
ordinances. Mr. James Wright of the Department of Natural Resources
has indicated that notices will be sent to you shortly outlining
this statutory requirement. We recognize that when and if you
adopt flood plain ordinances, these will supersede our flood plain
regulations. In that regard, we would be happy to assist you in
any way possible to prepare flood plain ordinances that incorporate
these flood plain maps prepared by the district and other state and
federal agencies. Additionally, we believe that it will be
necessary for the district to proceed to revise and update its
flood plain regulations to provide proper regulatory controls
over the flood plain within the district for those areas that
are not subject to municipal flood plain ordinances.
Lower Minnesota River Watershed District
WARRIOR OFFICE BUILDING
BURNSVILLE, MINNESOTA 55378
CetiInlet Lubansky President
Jane Caspersen Vice President
William J. Jaeger. Jr. Treasurer
Merrill IL Madsen, Jr. Secretary
Paul O. Felicia1st
Lawrence E. Sainstad Engineer
Raymond A. Belk Attorney
January 9, 1974
Page 2
Should you have any questions regarding any of these
materials prior to the public hearing, please feel free to contact
any of the managers of the district or Mk. Raymond Haik, its
attorney, or Mr. Larry Samstad, the district's engineer.
Very truly yours,
c“-
Casimer Lubansky
President
CL/dnd
Enclosures
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION No. .808
A RESOLUTION STATING THE OFFICIAL
POSITION OF TdE CITY OF EDEN PRAIRIE
WITH RESPECT TO THE PROPOSED CONSTRUCT/ON
OF AN INTERCHANGE AT COUNTY ROADS 18 and
39.
WHEREAS,
1. The Hennepin County Public Works Department proposes
the construction of a diamond traffic interchange at
the intersection of County Roads 18 and 39 (Valley
View Road), within the City of Edina, and
2 The 1968 comprehensive guide plan of the City of Eden
Prairie shows the proposed interchange as desirable
for the development of Eden Prairie, and
3. Current studies in the Lake Smetana Sector in Eden Prairie
reinforce the desirability of the proposed interchange,
and
4. The proposed interchange will provide safe and efficient
access to and from County Road 18 for the rapidly developing
industrial areas in the northeastern portion of Dim Prairie,
and
5. The proposed interchange will provide safe and efficient
access to the new Eden Prairie Shopping Center for residents
of southwestern Edina, and
6. Preliminary independent studies indicate that treng times
are such that through traffic trips on Valley View Road
between the Eden Prairie Center and Southdale Shopping
Center will not be encouraged, and
7. Hennepin County studies indicate less air and noise pollution
resulting from the proposed interchange construction when
compared to the alternate of leaving the existing signals
in place.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP EDEN PRAIRIE:
A. The construction of a diamond interchange at the iftemsection
of County Roads 18 and 39 is desirable and will beneAt the
City of Eden Prairie.
B. A direct connection of Valley View Road in the City
of Edina with the proposed interchange may be
desirable, but should be made only upon concurrence
with the City of Edina.
C. Hennepin County should make all reasonable efforts to
reduce the noise level in the residential area near
the northeast quadrant of the interchange to within the
Federal Highway Administration Standards.
D. The design of the interchange should also allow for
pedestrian and bicycle traffic between Eden Prairie
and Edina.
ADOPTED by the City Council on
David W. Osterholt, Mayor
ATTEST:
SEAL
John D. Mane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. .20..
An ordinance adopting Building Codes and repealing other ordinances
relating to building.
Section 1. Ordinances No. 41 and 156 of the City of Eden Prairie are
hereby repealed.
Section 2. Building Code - That a certain document, three copies of
which are on file in the office of the Building Inspector of the City
of Eden Prairie, being marked and designated as Uniform Building Code
1973 Edition including chapters 2, 3 and all appendices, The National
Electrical Code 1971 Edition, The National Elevator, Dumbwaiters,
Escalators and Moving Walks Code 1971 Edition; The Minnesota Plumbing
Code 1969 Edition with amendments, The Minnesota Heating, Ventilating,
Air Conditioning and Refrigeration Code, The Minnesota State Fire Mar-
shells Code for the handicapped as amended and the Uniform Fire Code
1973 Edition, be and the same as hereby adopted as the building code
of the City of Eden Prairie for regulating the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conver-
sion, occupancy, equipment, use, height, area and maintenance of all
building or structures in the City of Eden Prairie; providing for the
issuance of permits and collection of fees therefore as hereinafter
provided; providing penalties for any violation of such code; declaring
and establishing fire zones; and each and all of the regulations, provisions,
penalties, conditions and terms of such documents, are hereby referred
to, adopted and made part hereof as if fully set out in this ordinance.
Section 3. Violations and Penalties - It shall be unlawful for any
person, firm, or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use, occupy, or main-
tain any building or structure in the city, or cause the same to be done,
contrary to or in violation of any of the provisions of this Code.
Any person, firm, or corporation violating any of the provisions of
this Code shall be deemed guilty of a misdemeanor, and each such person
shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of any of the provisions
of this Code is coirmitted, continued, or permitted, and upon conviction
of any such violation such person shall be punishable by a fine of not
more than $300 or by imprisonment for not more than 90 days, or by both
such fine and imprisonment.
Ordinance No.
Page Two
First read at a regular meeting of the Council of the City of Eden Prairie,
this 22nd day of January and finally read, adopted and ordered publisheu
at a regular meeting of the Council of said City on the day
of , 1974.
David W. Osterhelt, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
1/15/74 Sun Newspaper
Citizen involvement in cable TV urged
"Right now, we are not
as concerned with the why
of cable TV as we are with
whether it is possible. It is
very important for people
to become more involved
with the formation of their
So says Marilyn Hus-
tedt, spokesman for the
Southwest Suburban Cable
TV Study Conunission. She
is its executive director
and staff.
The study group's pur-
pose is simply to inform
the citizens of the poten-
tials of CATV, and to de-
termine when, and if, it is
feasible for this area.
The commission was
established under a joint
powers agreement be-
tween Richfield, Hopkins,
Minnetonka, Eden Prairie,
St. Louis Park, and Edina
in the'spring of 1972.
Gary side. Richfield's
assistant city manager,
explained the formation cit.
the commission. "Cable,
TV is something which Will
affect the entire region as'
a whole. Also, there has
been a change in
try recently. Smalleit cable!
TV companies have
merged with larger ones
because of financial con-
siderations.
"CATV requires a tre-
mendous expenditure — a
'Inge capital outlay is nec-
essary to set up the sys-
tz,m. The industry expects
a six to seven-year period
o; continued losses before
.*-• franchise will be able
51111W a profit. For that
reason they will probably
ask for a 10-year franchise.
More importantly, to
os. is the fact that a com-
pany will probably ask for
a franchise covering a
Lager area. State law re-
spires that each communi-
.tf individually grant the
zi se However, this
.:•es rot prevent the joint
lia.ers from agreeing to
'grant franchises to the
,Sme company."
Eide continued to sa
that it was easier to obtai
more relevant statistics
rates, public access, a
other considerations at
fecting the decision to
grant a franchise when a
larger area was involved.
Also considered in the
formation of the commis-
sion was the fact that no
many of the school dis-
tricts overlap. The uses of
CATV in the fields of edu-
cation are cited ass major
advantage to the installa-
tion of the system.
According to Elsie and
Ms. Hustedt, the commis-
sion was slowed down con-
siderably in 1973 because
of action at the state level.
"We didn't know if the
state would take over the
functions of our group."
said Eide.
In the 1973 session of the
Legislature, the state es-
tablished requirements for
granting franchises. It also
created a state commis-! sion which did not really
get going until August of
1973.
Robert McDonald, a
Hopkins councilman and
the first president of the
southwest commission,
was appointed the chair-
man of the state organize.:
tion. .- •
Present officers on the
local board include Gene
Jacobson, president, of
Richfield, and Joan Myers,
vice-president. from Eden
Prairie. Terry Novak, city
manager of Hopkins, was ,
the secretary-treasurer. I
Novak, howevei, has ac-
cepted a position in Colum-
bia, Mo. His chair on the
commission has not yet
been filled.
Ms. Hustedt said "peo-
ple's participation Is very
important. Right now, we
are in the preparation
stage. CATV is by DO
means ready to come in '
the next year or the next
two years, but we must try
to set up citizen groups to
make sure we are pre-,
pared when it does come. I
"People are not as '
formed as they should be
and the commission tries
to remedy that. In Febru-
ary we will begin to set up
the citizen groups to try to
arouse their interest. I
can't over-emphasize the
importance of people hav-
ing a say in CATV."
Ms. Hustedt cited the
difficulties in Bloomington
as an example of inade-
quately informed citizen-
ry. "They are disillusioned
because they granted a
Franchise before they were
prepared. The adverse
publicity Bloomington has
received has helped us in a
way because it has made
the citizens aware of what
can happen."
The commission is also
planning an informational
night for local councils.
Among those invited to
speak will be experts on
legislation affecting
CATV, the duties and res-
ponsibilities of the system,
and its potential as it re-
lates to the suburbanite'.
Eide and Ms. Hustedt
are excited about the po-
tential of CATV. They ex- 1
plain that it will change
lifestyles.
Sometime in the future,,
cable TV will have the I
capability to broadcast
educational programs}
from schools, local events,'
Including community gov-
ernment processes, publi:I
through rough a publi
access channel, awl rem-
tar programs ma as old
movies, sporting events,1
and other entertainment
shows.
Farther down the road .
for CATV is two-way
communications, burglar
and fire alarms which will
sound a warning through
the cable networt in the
proper city department.
and banking by television.
Because CATV has the
capacity to confine signals .
to a 10- to 19-block radius
before it becomes econom-
ically unfeasible, class-
room lessons could be
broadcast to a shut-is.
All of this, and more, is'
possible through CATV but
only if, as Ms. Hustedt
states, "people take an i
active role in the forma-
tion of their lives."
—TOM HORNER
TO: Robert Heinrich
FROM: Carl J. Jullic
RE: Project SAN 72-7-25, W. 78th St. Sanitary Sewer
Change Order #1
DATED: January 18, 1974
The attached Change Order #1 for I.C. 51-252 is necessary because of the
extremely bad soil conditions encountered near West 78th Street at the
proposed Ring Road crossing. We propose to move the sewer alignment to the
north along the south right-of-way line of Trunk Highway #5 where the
depth of the poor materials is considerably less and where the sewer will
be least likely to interfere with future construction of the Ring Road.
Major excavation and replacement with granular materials will still be
necessary with the new sewer alignment and also more lineal feet of sewer
pipe will be needed. A savings in the construction cost of the Ring Road
project will be realized because of this change in the sewer alignment.
This change order will result in an estimated net increase of 7.2% in the
contract amount as follows:
$247,604.25 Contract Price To Date
$ 17,850.00 Change Order #1 (7.2%)
$265,454.25
New Contract Amount
Payments will be made to the contractor for Change Order #1 on a time and
materials (force account) basis as described in the Change Order.
The final assessment rates for this project have not yet been determined.
The cost of Change Order #1, however, Should be assigned to the Ring Road
project STR 72-9-26 and there should be no increase in the lateral sewer assess-
ment for the West 78th Street properties involved.
CHANGE ORDER
NO. 1
DATED 1-3-74
PROJECT: Sanitary Sewer Improvements
West 78th Street Area
OWNER: Village of Eden Prairie, Minnesota
OWNER'S PROJECT NO.
ENGINEER'S PROJECT NO. 823K
CONTRACT DATE: August 3, 1973
TO: Lamppa Construction, Inc. , CONTRACTOR
YOU ARE DIRECTED TO MAKE THE CHANGES NOTED BELOW IN THE SUBJECT CONTRACT:
OWNER: Village of Eden Prairie, Minnesota BY:
DATE:
NATURE OF THE CHANGE:
Revise the location of the sanitary sewer from Manhole 4-A to Manhole 7 as shown on the
attached sketch. The cost of the original location as described in the attached sheet
is deleted by this document and the revised work shall be installed on a time and materials
basis as shown in the attachment.
See Attachment Estimated Contract Increase $17,850
THE CHANGES RESULT IN THE FOLLOWING ADJUSTMENT OF CONTRACT PRICE AND TIME:
CONTRACT PRICE PRIOR TO THIS CHANGE ORDER
NET (INCREASE) tbillthilA/91E5 RESULTING FROM THIS CHANGE ORDER
CUPRENT CONTRACT PRICE INCLUDING THIS CHANGE ORDER
CONTRACT TIME PRIOR TO THIS ORDER
NET (INCREASE) (DECREASE) RESULTING FROM THIS CHANGE ORDER
CURRENT CONTRACT TIME INCLUDING THIS CHANGE ORDER
$ 247,604.25
$ 17,850.00
*$ 265,454.25
CALENDAR DAYS
CALENDAR DAYS
CALENDAR DAYS
TH:-. ABOVE CHANCES ARE APPROVED:
Rieke Carroll Muller 6asociates, Inc.
THE ABOVE CHANGES ARE ACCEPTED:
Lamppa Construction, Inc.
ENGIVER CONTRACTOR
"6-
/-/7-71
* Exact contract price will be determined after
completion of time and materials segment of
project.
BY:
DATE:
Unit Price Total
$ 16.50
15.75
9.75
11.00
13.60
14.00
19.00
15.00
500.00
55.00
250.00
560.00
5.10
4,500.00
1.50
100.00
$ 5,214.00
2,598.75
1.511.25
495.00
544.00
840.00
2,812.00
600.00
2,000.00
385.00
16,250.00
1,680.00
7,650.00
2,250.00
60.00
100.00
ATTACHMENT
CHANGE ORDER NO. 1
SANITARY SEWER IMPROVEMENTS
WEST 78TH ST. AREA
A. Eliminate from contract the following items:
Item Quantity Unit Description
1 316 IF 16" Sewer Pipe 0-8' Deep)
2 165 LF 16" Sewer Pipe 8-10' Deep)
7 155 LF 10" Sewer Pipe 8-10' Deep)
8 45 IF 10" Sewer Pipe 10-12' Deep)
9 40 LF 10" Sewer Pipe 12-14' Deep)
10 60 IF 10" Sewer Pipe 14-16' Deep)
11 148 LF 10" Sewer Pipe 16-18' Deep
14 40 LF 10" Piling Pipe (8-10' Deep
20 4 EA Standard Manhole (0-8' Deep
21 7 LF Extra Depth Manhole
22 65 EA Double Pile Bent
23 3 EA Quad Pile Bent
24 1500 LF Extra Length Pile
35 0.5 IS Restoration Section 2
39 40 LF Polyethylene Tubing on 10" DIP
40 1 EA Water Proof Manhole Covers
TOTAL $44,990.00
B. The following is an estimate of time and materials that will be used to furnish and
Install the revised sanitary sewer.
MATERIALS
310' 16" Piling Pipe @ $10.29
276' 10" PVC @ $2.00/IF =
625' 10" Bondstrand @ $10.00/LF
40' Std. Manhole @ $25.00/LF =
5 Manhole Bases @ $125.00/EA =
5 Manhole Castings @ $80.00/EA =
1 Outside Manhole Drop (A 8125.00/EA =
40' 48" CMP culverts 0 $30.00/V -
Anticipated Dewatering L.S. =
300 Ton Rock Bedding @ $3.00/TON =
Total Estimated Materials
$ 3,189.90
552.00
6,250.00
1,000.00
625.00
400.00
125.00
1,200.00
3,000.00
900.00
$ 17,241.90
Page 1 of 3
ATTACHMENT
CHANGE ORDER NO. 1
SANITARY SEWER IMPROVEMENTS
WEST 78TH ST. AREA
EQUIPMENT
Rent on the following equipment will be paid at the pric
e
s
l
i
s
t
e
d
p
l
u
s
a
4% sales tax.
599 American
Hein Werner
Model N.W.
Allis Chalmers Loader
Terex Loader
John Deere 450 Loader
Pile Driver
Van
Pick Up
Laser Beam
Pumps
Light Plant
Trench Box
D6 Dozer
Tandem Dump Truck
Lowboy w/Tractor
Flat Bed
HOURLY RAM
$31.25
15.70
28.00
13.50
15.75
15.50
12.50
.75
1.90
5.00
1.65
1.65
3.15
12.50
12.00
16.00
8.00
All repairs, oil, fuel, parts will be paid for over and
a
b
o
v
e
m
o
n
t
h
l
y
r
e
n
t
a
l
rates. Based on 11/2 months of duration, equipment, rent
a
l
s
h
o
u
l
d
t
o
t
a
l
$21,700.00.
Anticipated fuel, oil, parts etc. estimated at $14,300.0
0
.
Total estimated equipment costs . $36,000.00.
LABOR
Cost of labor including salaries, insurance etc. is esti
m
a
t
e
d
a
t
$
8
.
0
0
/
H
r
.
Based on a 5 man crew for 8 hours a da .r and a total of 30 working days labor
is estimated as follows:
Totai Estimated Labor = $9,600.00
The total costs to be used in revising the sewer locatio
n
a
r
e
e
s
t
i
m
a
t
e
d
as follows:
Material
$17,241.90
Equipment
36,000.00
Labor
9,600.00
Total
*$52,841.90
Includes the 10% overhead and profit described hereinafte
r
.
Page 2 of 3
ATTACHMENT
CHANGE ORDER NO. 1
SANITARY SEWER IMPROVEMENTS
WEST 78TH ST. AREA
Payments to the Contractor will be based upon Section 1904 - Extra and
Force Account Work of the Minnesota Department of Highways Standard
Specifications except as modified in Item No. 1 below.
1. Paragraph GC 21 - Change of Contract Price of the project specifi-
cations allows the contractor to increase the costs of labor, materials
and equipment by 10% to cover combined overhead and profit. The 10%
increase is in lieu of the 40% increase applicable to labor only in
Section 1904 of the MHD Specifications.
2. Certain pieces of major equipment listed in this paragraph shall be
paid for four hours at the agreed rental rate during down days. A
dew day shall be defined as a day the Contractor is unable to work
by virtue of weather conditions or other circumstances beyond his
control. Down days shall be approved by the Project Engineer. The
pieces of equipment entitled to down pay are as follows:
1. 599 American
2. Hein Werner
3. Allis Chalmers
4. Terex Loader
5. John Deere 450 Loader
Page 3 of 3
BLACK & VEATCH
CONSULTING ENGINEERS
Eden Prairie, Minnesota
Water Treatment Facilities
AREA CODE 816
TEL 381-7000
1500 MEADOW LAKE PARKWAY
modtme RODRESO P.O Sok NO moll
KANSAS CITY. MISSOURI $4114
BAV Project 5171-B
January 4, 1974
Mr. Carl J. Jullie, Village Engineer
The Village Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Carl:
As we mentioned to you in a recent telephone conversation, the Environ-
mental Protection Agency requires, in order to qualify for the Federal
grant on the lime disposal and wash recovery systems, that you have an
Operation and Maintenance Manual prepared. We have prepared these manuals
for our clients on a number of projects so that they will qualify for the
Federal grant.
The manual for this project will contain the following:
Part 1 - Descriptions, Operations, Maintenance, and Appendices
Part 2 - Manufacturer's Operation and Maintenance Instructions
and Parts Lists
It seems unnecessary to have such a manual for such a simple system, but
we know from past experience that the grant funds will not be forthcoming
until the manuals are submitted, reviewed, and approved. Since this is
beyond the scope of the engineering contract for this project, we propose
to do the work at twice our payroll costs with direct reimbursement for
expenses. To give you an indication of the cost, we estimate that it will
not exceed $4,800.00. This cost is, of =nee, part of the overall project
costs for which the Federal grant will pay 75 per cent.
We will appreciate the return of one copy of this letter with your
authorization to proceed, if you wish to have us prepare the manual.
Sincerely yours,
BLACK 6 VEATCH
J. H. Robinson
ig
Approved: Date:
AGREEMENT NO.
CITY OF EDEN PRAIRIE
ENTERED
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 809
BE IT RESOLVED, THAT pursuant to statutory authority,
the City Engineer for and on behalf of the City of
Eden Prairie is hereby authorized to request and obtain
from the Minnesota Department of Highways, needed engineerin
g
and technical services during the year of 1974 for which
payment will be made of the City of Eden Prairie upon receip
t
of verified claims from the Commissioner of Highways.
ADOPTED BY THE Council of the City of Eden Prairie on
January 22, 1974.
David W. Osterholt, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
DATE:
TO:
FROM:
SUBJECT:
January 17, 1974
Mayor & Council ltv4mbers
Village Manager 1,
ASSESSING DIVISION
The untimely resignation of the Assessor suggests that a review of the Assessing
function in Eden Prairie should be made. In most of the other municipal functions,
if a key individual should leave, the only real option available would be replacement.
This is so because the skills and services provided by the individual are not always
readily available on a contractual basis from other agencies or corporations. In
the case of Assessing, the County and private individuals could provide the services
on a contractual basis.
At the present time, the Assessing Department of Hennepin County is providing
municipal assessing services to an estimated 13 municipalities, including Mound
and Excelsior. The Village of Golden Valley in 1972 and 1973 also had a contract
for assessing with Hennepin County. Golden Valley's Village Manager informed me
that the County's service was very good and that he had recommended a continuation
of the contract. However, the Golden Valley Village Council terminated the Hennepin
County contract in order to provide a more subdued assessing policy. The Council
adopted a "maintenance" policy and are using in-house personnel. Every five or
six years, they would contract again either with the County or another agency for
a total reevaluation.
jiENNEPIN COUNTY ASSESSMENT AGREEMENT
State statutes provide an organization headed by the Tax Commissioner for the pur-
pose of fair and equitable assessment of property for tax purposes. The Tax
Commissioner is in charge of the Department of Taxation. Accountability for
aasessing then filters down to the county level. The County Assessor is responsible
for the fair and equitable assessment of property within his particular county and, in
effect, supervises the work of the individual municipal assessors and assessing
departments. Hennepin County Assessing Department is known and respected
throughout the state as providing the best professional level of assessment in the
state.
I met with Roy Johnson, Assistant County Assessor, and received an offer from the
County to provide the assessment of property in the Village of Eden Prairie for the
annual rate of $12,800. Under this agreement, the Village would continue to mail
out and handle homesteading. We would also maintain the office of Assessing
Assistant on a four day a week basis to provide service to citizens and property
owners. Of course, the half-time clerk in the Assessing Department would also
remain. A four year contract providing for annual increases in the rate as it pertains
to the total number of parcels was suggested. A copy of the Mound contract is
attached.
The cost differential can be calculated in the difference between the $12,800 figure
quoted by the County and the approximate $19,700 that is appropriated in the 1974
Budget. In addition to the $16,150 base salary, there is approximately $880 for
PERA, $670 for insurance, $245 for Workmans Compensation Insurance, and $700 for
Page 2
Social Security, plus approximately $1,100 budgeted for conferences, schools,
and auto expense.
ADVANTAGES OF COUNTY ASSESSMENT AGREEMENT:
1. The primary advantage of County Assessment would be economy. The basic
bare bones assessment function could be performed for approximately $6,900
less through an agreement with the County.
2. The Assessing Staff of the County includes excellent talent for assessing
industry and commercial structures. A complete reevaluation of the Village
would occur within two years because of the County's practice of sending a
team into a municipality to complete a total community reevaluation rather than
to phase a reevaluation on a cyclical basis over four or five years.
3. The office space currently used for the Village Assessor would be made available
for other functions.
DISADVANTAGES OF COUNTY ASSESSMENT AGREEMENT:
1. Service to Eden Prairie residents and property owners could not possibly be as
good because the Assessor assigned to Eden Prairie would office in Minneapolis,
not in the community.
2. Even though the County has responsibility for equity in property assessment,
local municipalities "feel" they have better control over property values if the
assessment is performed by their own assessor.
3. The Village staff would be short a person who would be available to advise
other staff members as well as the Council and Commissions on financially
related matters. Mr. Chambers was very helpful in assisting other staff members
and the Council in formulating assessment policies and in conducting financial
analyses. In addition, we would miss the availability of a person on staff who
could assist in the performance of a task that just needed to be done. For
example, Mr. Chambers negotiated the acquisition of the six residential pro-
perties required for right of way on the Major Center Ring Road project.
RECOMMENDATION
Although there could definitely be economy in contracting for a "bare bones" assessing
program and, yes, it would be desirable to have the office space available for other
expanding functions, particularly in the Building Inspections area, I recommend that
the position of Village Assessor be filled. Although the Hennepin County Assessing
Department is doing an increasingly better job of public relations, I believe Eden
Prairie residents and property owners would be better served through our own local
assessor. It would be my intention to recruit an Assessor who would have substantial
,-.xperience in industrial and commercial appraising with the ability to communicate
well with people. I believe I will be able to recruit someone with these qualifications
within the salary range appropriated for 1974.
If the Village Council wishes to pursue the possibility of an agreement with Hennepin
County, I suggest that an invitation be extended to elected officials of some of the
communities presently receiving County Assessing services to a meeting in order to
learn from them how effective the County service has been.
Unless I am instructed by the Council to the contrary. I will proceed to advertise and
recruit persons for the purpose of filling the Village Assessor position.
R PH:kg
dgill_1ARY_ -- A 5-day, 40-hour week is the typical working time for most employees
Normal working time for clerical and administrative employees is from
Many variations in working hours *mist, h for Police, Fire,
who work outside sdeinistrative offices, often on a shift basis.
As a basis for seking one important comparison in working hours, following
for office employees working full time.
in the units of government surveyed.
8100-4130 with a SO-minute lunch.
Public Works and other employee groups
is the scheduled working time
As noted, eleven (11) unite of governmmnt have office hours of less than a 40-hour week- A four-day week is indicated by Minnetonka and St. Anthony, but only for a segment of their employees.
LUNCH HOURS IN HOURS IN
WORKING HOURS (MINUTES) WORK DAY WORK WEEK
GROUP ONE
State of Vinnlaots 8100 - 4130 30 8 40 GROUP TWO
Metrosoliten Council 8:15 - 5100 45 8
CROUP THREE
Hennepin County 8:00 - 4130 30 8 40
Ramsey County 8:30 - 4130 30 7-1/2 37-1/2 Minneapolis 8100 - 4:30 30 8 40
St. Paul 8:00 - 4:30 30 8 40 GROUP FOUR
Anoka County 8:30 - 5:00 45 7-5/4 584/4 Oakota County 8100 - 4:30 30 8 40 Washington County 800 - 4130 30 7-1/2 37-1/2 Wright County 8100 - 4130 30 a . 40 Scott County 8:00 - 4:30 30 8 40
Carver Counts 8130 - WO 60 7 35 GROUP FIRS
Bloomington 8100 - 4:30 30 40
. St. Louie Park 8,00 - 4:30 30 MO ' Richfield 8:00 - 4:30 50 40 Edina 8100 - 4150 30 40 WI nnatonka• 800 - 4:30 30 40 Brooklyn Center 8100 - 4130 30 40
• Roseville 8:00 - 4:30 30 .40
Crystal 800 - WO 30 40 Coon Rapids 8200 - 5:00 60 40 Fridley 8:00 - 5:00 60 40 Brooklyn Park 8000 . 440 60 -1/2 37-1/2 Maplewood MO - 5:00 60 40
South St. Paul 840 - 4:50, or 50 40
8:30 - 5:00
Golden Valley 8:00 - 4150 30 40
'Columbia Heights (Mon -Thurs 800 - 4:30 60 -1/2 30
(Friday) 8100 - 5:00 60
White Bear Lake 8.00 - 4:30 30 40 New Hope 8:00 - 4:10 50 40 Blaine 8100 - 4:30, or 30 40
8:30 - 5:00
New Brighton 800-5,00 30 40
West St. Paul 8100 - 5:00 60 40
Plymouth 8100 - 4130 30 40 Robbinsdale 8:00 - 4:30 30 40 Anoka 8,00 - 5:00 60 40 Hopkins 8:00 - 4:30 30 40
Cottage Grove 8:00 - 4:30 30 40 Inver Grove Heights MO - 4:30 30 40
North St. Paul 8:00 - 4:30 50 40 Eagan BOO - 4:30 30 -1/2 37-1/2 St. Anthony 0 . 6100 - 6:50 50 40
Eden Prairie 8:00 - 5:00 60 40 4,erlgie He.ghts 8:.j0 - 5:20 60 -1/2 37-1/2 Falcon Heights SOO - 6:50 30 -112 37-1/2
GROUP SIX
Hastings 8:00 - 4 1 30 30 8 40 Shoreview 8100 - 4130 50 8 60 Stillwater 8.50 - 6150 30 7-1/2 57-1/2 Won' As View 8:00 - 400 30 8 40 Apple Valley 8:00 - 4:30 50 8 40
:.,ourd 8,00 - 5:00 60 8 40 Iakeville 800 -5.01 30 8 40 Oakdale 8:30 - 5:00 30 a la
• License A. inspection Dept., and Street Crews on four-day week.
" Some office employees on four-day week.
31
WORKING HOURS (continued)
LUNCH
HOURS IN
HOURS IN
WORKING HOURS
(MINUTES)
WORK DAY WORN WEER
GROUP SIX (cent i need)
Shakopee
Orono
SprIng Lake Park
Maple Grove
Woodbury
Arden Hills
St. Paul Park
Chanhassen
Champlin
Chaska
Shorewood
Circle Pines
Deephaven
Waysa la
Lino Lakes
Savage
Little Canada
Forest Lake
Farmington
Bayport
Newport
Osseo
Minnetrists
Excelsior
Lexington
Jordan
Long Lake
Rat ertoun
Maple Plain
Prior Lake
Spring Park
8:00 - 5:00
8100 - 4:50
840 - 400, or
9:50 - 5,00
8:00 - 4:30
8:00 - 4,30
8:00 - 4:30
8,30 - 5:00
800 - 400
8:30 - 5:00
8,00 - 5,00
9:00 - 4,30
9,00 - 5:00
8:00 - 4:30
8:00 - 5:00
9,00 - 4:30
8,00 - 4230
8:00 - 4:30
8:00 - 4:50
8:00 - 5:00
7:00 - 3:30
7,00 - 3:30
8:00 - 4:30
8:00 - 400
8100 - 4:30
8:00 - 4:30
8300 - 5:00
840 - 5:00
8:00 - 5 ,00
1400 - 5:09
840 - 5:00
8:00 - 4130
60
40
50
40
50
40
30
40
50
40
30
40
30
40
30
40
30
40
60
40
30
35
I niers& 1
40
50
40
60
40
30
371
50
40
30
440
30
40
60
40
30
40
30
40
60
37i
30
40
39
40
50
40
40
40
60
40
60
40
60
40
30
40
RELATED SURVEY INFORMATION - WORKING HOURS
Private Industry (Twin Cities) - 60 representative companies
The majority of companies work a 5-day, 40-hour week.
A 37h-hour week (7h-hour day) and 38-3/4-hour week (7-3/4-hour
day) are also evident, most often occurring among banking and
insurance firms.
A 35-hour week (7-hour day) exists in the printing industry.
Normal working times for companies having a 40-hour work
week are 8:00 to 4:30 in the office, and 7:00 to 3:30 where
plant or factory operations exist.
The 4-day work week continues to exist in several Twin Cities
companies, and reports concerning it are favorable. However,
at present no additional firms in this area are known to be
adopting it.
A relatively new concept in working hours being considered by
some companies is the "flexible work week." Under this ar-
rangement 5 days are worked, but scheduled starting and quit-
ting times vary for individual employees based on personal
choice.
Federal Government
The usual Federal Government work week is 5 days and 40 hours.
32
TO: Mayor and Members of the Village Council
FROM: Wayne R. Sanders, Building Department
THROUGH: Robert P. Heinrich, Village Manager
SUBJECT: Appointment of Board of Appeals as mentioned in
Section 204 of the Uniform Building Code.
DATE: January 25, 1974
Section 204 reads as follows:
In order to determine the suitability of alternate materials and
methods of construction and to provide for reasonable interpreta-
tions of the provisions of this Code, there shall be and is hereby
created a Board of Appeals, consisting of five members who are
qualified by experience and training to pass upon matters pertaining
to building construction. The Building Official shall be an ex
officio member and shall act as Secretary of the Board. The Board
of Appeals shall be appointed by the Mayor and shall hold office
at his pleasure. The Board shall adopt reasonable rules and reg-
ulations for conducting its investigations and shall render all
decisions and findings in writing to the Building Official with a
duplicate copy to the appellant and may reconmend to the Village
Council such new legislation as is consistent therewith.
It seems that the five appointments needed would be in the following
categories.
Residential Builder
Commercial Builder
Architectural
Structural Engineer
Mechanical Engineer
If I can be of any assistance please call.
b,/
WRS:mn
,,o0q14
404 SOUTH EIGHTH STREET • MINNEAPOLIS, MINNESOTA 55404 • (612) 333.6193
January 7, 1974
Mr. Robert Heinrich, Village Manager
Village of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Mx. Heinrich:
The generous support of your employees to this year's United
Way campaign has qualified your organization for the coveted
Gold Award—the highest recognition possible.
This achievement will be recognized at our Annual Meeting
and Campaign Awards Presentation at 6 p.m. Tuesday, January 22,
in the Radisson South Hotel (7800 Normandale Boulevard).
I hope your firm chairman and the employees who participated
in this accomplishment, including members of organized labor,
can be with us.
Tables can be reserved for eight. A reservation card is
enclosed.
Thanks again for your efforts on behalf of the 90 agencies -
providing the vital people-helping services funded through the
United Way.
Cordially,
1447;t1
Wheelock Whitney
1974 General Chairman
United Way of Minneapolis Area
WW:meh
Enclosure
14)641 w
SA441
fL
Community Schools:
under whose wing?
Eden Prairie village 1972 school district spoil-
manager Bob Heinrich has cation for Community
suggested In a letter to the
EP school board that Education money from the
'Community Education state, which In part read.
director Brian Wilhelm be "The community school
responsible directly to the director . . . will be ad-
school district superinten- ministratively. . respon-
dent. The board has not sible to the school superin-
responded yet to the tendent."
suggestion. Wilhelm's Job, said
Wilhelm has been work- Heinrich, is primarily one
log at his post of coordi- of coordination. He said
sating village activities this can be traced from an
with school activities for a enclosed "evaluation
year. His office is in the checklist."
village hall. Supt. Bob Fallon said at
Heinrich cited "the gem- last Thursdays school
eral lack of accountabili- board meeting that Wit-
ty" as a problem with Wil- helm's position should
helm's position. Wilhelm probably be in the village
has, said the manager, two organization, but that is
supervisors at present Uhe awkward since fund ing
manager and the superin- comes through educational
tedenti. sources for Community
----Heinrich also cited the Schools.
a ,
/3,61.1
MEMO
DATE:
TO:
FROM:
SUBJECT:
January 8, 1974
Mayor & Members qf Village Council
Village Manager tilt
COMMUNITY EDUCATION PROGRAM
Recently a good amount of time has been spent analyzing the Eden Prairie
Community Education Program. We have generally come to the conclusion
that this program has not been particularly successful in meeting the
objectives set out for it by the Task Force Report, which was subsequently
adopted by the School Board and Village Council. This objective, simply
stated, was to work in the area of research and development of human and
social services within the community under the joint supervision of the
Village Manager and the Superintendent of Schools. To date much time
has been spent in implementing adult education programs for the community
and little time has been spent in the area of research and development.
Dr. Robert Fallon, Superintendent of Schools, has suggested that the
function of supervising the Community Education Coordinator be modified
and placed solely within the School District organization. At the time the
initial School District application for $5,000 funding was made (6/15/72),
the District certified that the Community School Coordinator would be
administratively accountable and responsible directly to the School
Superintendent. The subsequent Task Force Report, as adopted by the
School Board and Village Council, was contrary to this certification.
In addition to the $5,000 grant available to the School District through the
initial Community Education legislation, the past session of the Legislature
authorized districts to levy up to $1 per capita for community services,
provided they had established a Community School Advisory Council under
the Community School Program Concept. The Community School Program
Concept is defined as "making maximum use of public school facilities by
the community and expanding utilization by the schoolof the human resources
of the school district, outside of the normal program provided for children
in elementary and secondary grades." The monies collected from this levy,
according to the State Department of Education guidelines, may be spent
for Community School programs, such as summer school, non-vocational
adult programs, recreation, civic activities, and pre-kindergarten, excluding
services for handicapped pre-school children.
The conflict in the Community School Program Concept as outlined and the
Village Recreation Program can be summed up by looking back to the memo
prepared by George Hite, then Village Manager, on January 26, 1970, and
presented to the Council and School Board. This memo outlined the
responsibilities of the Recreation Director. These were:
a. Coordinate the recreation programs and opportunities offered by
the District, Village, and E.P.A.A.
Page 2
b. Develop, implement and supervise the Village's recreation programs.
C. Assist the School District in developing and implementing after-
school, evening, weekend, and summer recreational programs
for both school age children and adults. Supervise those portions
of these programs that the District and the Village agree are of
mutual benefit.
d. Aid the officers of the E.P.A.A. in programming, scheduling and
staffing their activities. Encourage members of the community
to volunteer their time and special talents to E.P.A.A. and other
recreational organizations.
e. Help the teens of the Village to develop recreation opportunities
for themselves and assist them in establishing the organization
and procedures needed to make it go.
f. Prepare, under the direction of the Manager and Park Commission,
both immediate and long term recreation and park development
programs, policies and goals for consideration by the Council.
This memo further stated that: "The Village organization would seem to be
the logical place to develop this ability. 'Recreation' is generally a function
of municipal government in part because of its all day, every day mode of
operation plus the fact that most of the facilities utilized in a comprehensive
recreation program are constructed and maintained by municipalities. Although
the success of an Eden Prairie recreation program is going to rely heavily on
the use of School District facilities and the services of volunteers in
organizations such as the E.P.A.A. , the Village through the operation of its
facilities and recreation programs will probably always carry a major part of
the responsibility for providing recreation opportunity for all ages and interests."
In 1970, the School District and Village Council both supported this proposal,
developed by Mr. Hite. Recreation and leisure services have been the
responsibility of the Village of Eden Prairie since that time. Included as a
vital component of this recreation and leisure service program has been the
coordination of opportunities offered by the Village, E.P.A.A., and other
special interest groups within the community. The proposal brought forward
by Doctor Fallon for the Community Education Program within the School
District includes the responsibility for this function. The question that needs
to be thoroughly analyzed is whether or not this is an appropriate responsibility
for the School District to undertake. Making the judgment that this is the
School District's responsibility would be a complete reversal of the stated
positions of the Village and School District, per the 1970 memo prepared by
Mr. Hite.
It is my recommendation that the function for coordinating community recreation
and leisure services is a responsibility of the municipal government. We have
Page 3
since 1970 attempted to do this in the Village of Eden Prairie. The provision
of good recreational leisure services for the community is an integral part of
a municipality's human and social service function, as the general purpose
governmental unit at the local level.
The Organizational Plan adopted in December, 1973, suggests the placement
of Community Education in the Department of Community Services, Leisure
Activities Division. Doctor Fallon's memo dated January 4, 1974, states the
legal requirements of the School Superintendent in the administration and
accountability of the State-funded Community Education Program. Our positions
both emphasize the need for singular, rather than dual, accountability.
I would prefer the inclusion of Community Education as a municipal leisure
activity program. This seems to be impossible because of the legal aspects
stated by Doctor Fallon. If the Community Education Program is to fall under
the School District's responsibility and supervision, it is suggested that it
be limited to the coordination of leisure services through the Leisure Activities
Division of the Department of Community Services generally as it relates to
the District's educational program, the Vocational Technical School program,
and the programs of other educational institutions.
I believe that the School District should not coordinate leisure services between
the Village, Eden Prairie Athletic Association, YMCA, Soy Scouts, and similar
leisure service organizations. Other human or social services such as family
counseling, mental health, library, and welfare are the kind of services that
should not be the responsibility of the District. Of course, the District and
the Village should continue to share facilities and staff expertise to assure
a high and efficient level of service.
RPH:MJ/kg
• office of the superintendent
Date: January 4, 1974
To: Mr. Robert Heinrich, VIllaae Manager
From: Dr. Robert A. Fallon, Superintendent
Subject: The Community Education Program
The Problem
The general lack of accountability of the present organizational structure
which finds the community education coordinator reporting to two supervisors
(the village manager and the superintendent) has prompted me to seriously
question the feasibility of continuing in this manner. If I am interpreting
our discussions of the matter, I believe your perceptions of the situation
are similar to mine.
Lectal Aspects
In examining the school district's original application (June 15, 1972) for
recognition and funding for a community education prooram, I find that the
school district was required to certify a number of program components to
the State Department of Education. Mono them are the folloolno:
The community school director or coordinator employed with
This grant will be assipned to promote, organize, coordinate
and direct a community education prooram and will be adminis-
tratively accountable and responsible directly to the school
superintendent. In the case of a Joint powers anreerent, the
superintendent may deleoate this responsibility to the Community
School Advisory Policy Committee established to work directly with
the community school director.
In light of the above directive - -iv which compliance was certified - -it
appears difficult to maintain an organizational structure which is in
non-compliance. I am sure that this directive was not a part of any
discussion which resulted in the dual accountability organizational
relationship we presently have.
Praoram Goals
This is not to suggest that the goals of the Community Education Program be
altered in any way from what was originally intended.. .even though clarifica-
tion and a general understandino of these goals is highly desirable. The
basic foundation of the Community Education Propram Is That of FACILITATING A
PROCESS which builds a TOTAL COMMUNITY throuah COOPERATING RELATIONSHIPS
(maximizing the Input value of human and physical resources). The program
is dependent upon PEOPLE HELPING PEOPLE. • eden prairie, minn. 55343 • telephone (612) 941-6320
Pape 2
Mr. Robert Heinrich
The Community Education Program
The Governmental Unit and Goal-Attainment
In examining the basic premise stated on Pape I, and the depth and breadth
of the human services offered by the city of Eden Prairie, it could be
asserted that this function belongs primarily in the municipal
g
o
v
e
r
n
m
e
n
t
.
A difficulty arises, however, in sayino that there are specific
l
i
m
i
t
s
t
o
The human services charters of povernmentaI units—be they muni
c
i
p
a
l
o
r
s
c
h
o
o
l
district. Settinp such charters aside for a mpment, and perhaps they are
more fictitious than real direction -pivinp documents, the VITAL GOAL
O
f
f
B
O
T
H
GOVERNMENTAL UNITS IS THAT OF SERVING THE NEEDS OF THE PEOPLE—the child,
the adult, the community and the schools. I am confident that
t
h
e
C
i
t
y
o
f
Eden Prairie and the Eden Prairie Schools have this opal clear
l
y
i
n
f
o
c
u
s
.
The basic function of the Community Education Prooram is to fa
c
i
l
i
t
a
t
e
a
PROCESS and the key to an efficient and effective proceSs is t
h
a
t
of
COORDINATION. When coordination becomes the focal point and the ivilemjr129.
of SERVICES FOR PEOPLE remains with the sponsorinp agency (forswore
!
,
-
Village Recreation, Adult Education, EPAA) that best does it, the argum
e
n
t
attempting to resolve "where" the Community Education Program function
b
e
l
o
n
g
s
begins to disappear.
1 personally believe that the placement of the Community Educ
a
t
i
o
n
C
o
o
r
d
i
n
a
t
o
r
In a specific organizational chart is of little conseouence w
h
e
n
t
h
e
f
i
n
a
l
results are examined. The fact is that he/she can do a splend
i
d
j
o
b
r
e
g
a
r
d
l
e
s
s
of the unit of government he/she is workinp with. I believe
a
o
u
i
c
k
g
l
a
n
c
e
at an "evaluation checklist" (attached) provides reinforcemen
t
t
o
t
h
e
i
d
e
a
That the Community Education Coordinator's function is primar
i
l
y
o
n
e
o
f
COORDINATION.
Organizational Responsibility for Community Education Progra
m
I believe, that the declared Intention of the Community Schools
A
c
t
o
f
1
9
7
1
legislation was to place full responsibility for the Community
S
c
h
o
o
l
P
r
o
g
r
a
m
within the school district. The legislature, accordinoly provi
d
e
d
$
5
0
0
0
.
p
e
r
year fundinp and a SI per head levy power to the school distri
c
t
.
S
u
c
h
f
u
n
d
i
n
g
would be oreatly.feopardized by actions contrary to the State D
e
p
a
r
t
m
e
n
t
directives. Accordinoly, I am reouesting that the Community Ed
u
c
a
t
i
o
n
Coordinator, Brian Wilhelm, be directly responsible to the scho
o
l
d
i
s
t
r
i
c
t
superintendent.
CLERK'S LICENSE APPLICATION LIST
January 22, 1974
Plumbing
General Plumbing Co.
Pokorney Plumbing & Heating
Welter & Blaylock, Inc.
Contractors (1 & 2 Family)
J. H. Lein Construction Co.
Ernie Lennennan Builder
Lundgren Bros. Construction, Inc.
Robert H. Mason, Inc.
Palmer House Builders
Third Dimension Corporation
Zachman Homes, Inc.
Contractors (Multi-family & Comm.)
Briarhill Company (Partner Shelter Development Corp.)
Hipp's Construction Co.
Langer Construction Co.
Lund-Martin Co.
These licenses have been approved by the program head responsible for
the licensed activity.
%Yvonne M. Swift, Deputy Clerk
VI G
ADDITIONS TO THE AGENDA
JANUARY 22, 1974
IV. PETITIONS, REQUESTS & COMMUNICATIONS
B. Lotter dated Tanuarv 18, 1974, from Northern States Power Company
jnforminu Council of 15% electric price increase for community
effective March 19, 1974. (Letter attached)
Action: Motion to receive and file.
C. Letter dated January 18, 1974, from Northern States Power Company
informing Council of increase in electric rates for municipal street
Lighting service. (Letter attached)
Action: Refer to Village Manager for review and report.
V. RESOLUTIONS & ORDINANCES
C. Second Reading of Ordinance No 244, Browning Ferries Industries
rezoning for 12 acres from P.U.D. 70-01 to I-Park 1-2. (Copy or
Ordinance No. 244 and Rezoning Aggreement attached)
Action: Motion approving Second Reading of Ordinance No. 244.
D. Consideration of Resolution No. 812, authorizing City of Eden Prairie
participation in Joint Powers Agreement for the establishment of a Western
Area Fire Training Association and Fire Training Center. (Copy of
Resolution No. 812 and Joint Powers Agreement attached)
Action:
VI. REPORTS OF OFFICERS. BOARDS & COMMISSIONS
E. Reports of Village Attorney:
4. ,Explanation of law requiring municipalities to be designated *City".
F. Reports of Village Manager:
10. Discussion of Minnesota Toll Bridge Legislation.
SUID
NORTHERN STATES POWER COMPANY
E 70tqt< A DIV7SION
ExCe,51 ,3m Me^+NESOTA 55331
32nunry IS, 1974
HONORABLE MAYOR AND CITY COMM:,
CITY OF EDEN PRAIRIE
EDEN PRAIRIE, MINNESOTA 55343
Gentlemen:
This letter is to inform you of a 15 percent electric price increase which is scheduled to
become effective in your community with meter readings on March 19.
We want to continue to provide good, reliable service to the citizens of your community.
Without a price increase this year, however, we will have trouble doing so. The reason is
simple. As explained below, our financial position has been weakened by inflation and
large investments in non-revenue producing pollution control equipment. Our position must
be improved if we are to continue to attract investor funds at reasonable costs to finance
our construction programs and thus provide dependable service.
Northern States Power Company, perhaps more than most other businesses, has been subjected
to Skyrocketing costs of labor, materials, interest on borrowed money, and taxes in the
nearly 3 years since our last price increase. Inflationary pressure on our construction
budget which has averaged $250 million a year since 1971 has been most serious. For example,
our Prairie Island nuclear power plant, which started up in December, will cost about 80
percent more per kilowatt of generating capacity than our Monticello nuclear plant, which
started up in 1971.
Part of our large expenditures have gone for pollution control equipment. Between 1971 and
1974, we will have spent approximately $85 million to ensure that our operations are
compatible with the environment. The money is, of course, well spent, but the investment
does not produce any revenue.
In reviewing the enclosed amended electric schedules, you will notice we are introducing a
new seasonal pricing approach. Under the new approach, electricity used in the summer will
cost more than it does during the rest of the year. This is necessary to offset the
tremendous construction cos:s associated with meetine our peak demand for electricity, which
occurs in the summer.
Ve believe the 15 percent inrreese is well within the clearly defined ratemaking guidelines
2: rin , A,,!thorit•:, r2tr reguIntor , hon7 ireing ca.lsidered for adoption in
the Mienc..ipolis-St. Pant metro urn. xty -five metro -area communities have approved or are
committed to approve the Rate Authority. NS P supports this regional agency since creation
of a state agency, which we have trldirionaliy favored. appt,ars unlikely.
We would welcome the opportunity to discuss our price increase with you at your convenience.
Thank you for your cooperation and understanding.
Respectfully submitted,
Division Manager
NORTHERN STATES POWER COMPANY
MINNETONKA DIVISION
EXCELSIOR. MINNESOTA 55331
January 18, 1974
HONORABLE MAYOR AND CITY COUNCIL
CITY OF EDEN PRAIRIE
EDEN PRAIRIE, MINNESOTA 55343
Gentlemen:
Northern States Power Company finds it necessary to increase its electric
rates to help offset increasing expenses.
The Municipal Street Lighting Contract between the City of Eden Prairie
and Northern States Power Company, dated February 28, 1967 for municipal
street lighting service, provides that rates may be changed upon compliance
with the conditions specified therein.
You are hereby notified that new municipal street lighting rates will become
effective for service furnished on and after July 19, 1974. A summary of
the new rates is attached.
Our representatives are available to discuss the above with you, and also
the possibility of converting any incandescent street lighting to the more
modern mercury street lighting. Mercury street lighting requires less
electrical energy than incandescent lighting and is lower in cost for the
same, and in many instances more light on your streets.
Yours very truly,
NORTHERN STATES POWER COMPANY
/
By
Division Manager
John D. Frane, Clerk
SEAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 244
AN ORDINANCE RELATING TO THE ZONING AND AMENDING
ORDINANCE NO. 135, BROWNING FERRISS INDUSTRIES
DEVELOPMENT PLAN FOR 12 ACRES OF P.U.D. 70-01
The Council of the City of Eden Prairie does ordain as follows:
Section 1. Appendix A of Ordinance No. 135 is amended by adding to
Section 27 , Township 116, Range 22 as follows:
That part of the Southeast * of the Southwest * of
Section 27, Township 116, Range 22, described as
commencing at the Southwest corner thereof: thence
North I° 371 48" West (assumed bearing) along the
West l ine of said Southeast * of the Southwest a
distance of 289.03 feet; thence South 87 0 121
East, 354.43 feet; thence North 2° 47 1 36" East,
140 feet to the actual point of beginning of the land
to be described; thence continuing North 20 47 1 36"
East, 100 feet; thence North 18° 251 12" West, )1112.48
feet to the Southerly right of way line of U. S. Trunk
Highway No. 169; thence North 39° 14' 54" East along
said right of way line, a distance of 395 feet; thence
South 56° 40' East, 130 feet; thence.Southeasterly
along a tangential curve to the left having a radius
of 955 feet a distance of 1441.70 feet; thence South
470 feet; thence South 36° 001 West, 370 feet; thence
North 68° 13' 45" Hest, 452.16 feet to the actual:
point of beginning.
The property is rezoned to 1-2 Industrial Park in conformance with the
Rezoning Agreement dated the day of January, 1974, and executed
by and between Browning Ferriss Industries, Incorporated, and the City of
Eden Prairie, a municipal corporation, of the State of Minnesota. All of the
Agreement including Exhibits A and B are requirements of the rezoning action
of this ordinance.
First read at a regular fi:e,-;iing of the Council of the City of Eden Prairie this
26th day of December, 1973, and finally read, adopted and ordered published
at a regular meeting of the Council of said City on the 22nd day of January,
1974.
Mayor David W. Osterholt
Attest:
Z 0 7
TITS P.4.377,7.7TMT7. lade and entered into thie
day of
oAuary. 1974 by and bOzwean 3:1Qw:No TERaTss 1=g3TR/23,
hozainojtor '0'..rners', and th2 City or :Ann
b ,2nici7a21 2cr2o ._:atin, of tAc State of Ainnesota,
J:roinef'ior called "City'.
Cwnero have requested the City to change the coning
approxi7etely telve (12) acres of property of the Cwnsrs
under P.C.O. 70-01 to 1-2 Park as more completely described in
=zhibit "A" attached horst*? and
WHEREAS, Owners in addition to said twelve (12) acres are the
Owners of additional land as more fully set forth in Exhibit "8"
attached hereto, and
UNEREAS. Owners desire to use said property for sanitary
landfill purpose* at the present time, and
mammas, Owners have agreed to develop the aforementioned
property as shown on Ekhibits "A" and '13" in accordenceivith the
plan unit development on file with the City and identified as
7.1.41% 70.41.
NOW TEEPEPORN, TH/S liOnEMENT NITIMETH, That for and in
censideratica of the City of Zen Prairie passing an ordinance
e-!nnging the zoning from 1.U.D. 70-01 to 1-2 PnrIt for approximately
lva (12) mores of land and of 'c:22 butual benefits to each of the
the tsart!m3, 2 asp4eiciva 14.1czoror2 .and 4:7oic5n,
j!,:i hereby zovenant and agnte as follows:
0,4ners agree that upon such rezoning and purcuant to
the plans en fiie at the City that:
1. The area renoned es 1-2 Park shell he wed for the
exclusive une of the landfill operations
office, truce. maintenance, truer stcrage
,n.rt4 potential raper or other material
3ecycling cantor.
2. T°.-.at it in a c!,-7,n ,..!itic condition of Faid
rnt
for •thn.r L.11rEr,:•-lnl until
t!..1. al tr.! im
tad zon:IJ in c0:7anc3tiit:a
€ :nc Nm. 133 which. o:nongnt other
requiren a mininit of forty (40)
a,-..'res to be zoned.
3. That thare s;hall.'be no further rezoning of
::,:77cperty within the arra encompaaged in
Exhibit "3" until :ouch tima aa said property
is serviced by municipal utilities.
4. That Owners shall dedicate to the City of
Eden Prairie 150 feet of right.-of-way along
the top of the bluff to allow for the
construction of a parkway all indicated in
their Owner's; original P.U.D. submission
5. . That Owners shall in co-operation with th*
City locate the alignment of the remainder of
the river parkway connecting with Homeward
Hills Road within one year of the date of
approval and rezoning of this parcel.
6. That Owner* shall install at their von cost
and expense utility systems for said property,
i.e. road, sanitary sewer, storm sewer and
water.
7. That Owners furnish to the City topographical
layout of said property.
8. All aanitary sewer water main and storm sewer
facilities, concrete curb and gutter and
bits:miaowe surfacing whethsr to he public or
private shall be designed to City standards by
a Registered Professional Civil Engineer and
nu7-ztitted to the City Engineer for approval.
Tho developer through his engineer shall provide
for competent dail-,7 inngettion of all stoat and
ut'Aity constructin both public and private.
3'.7.uilt drawings with marvice and valet ties on
rc:Irodurablo m71ar and certificates of completion
c07.1411.ancn i!iction il:.11.-ao be
ernverod ta thaCity Engineer. The daveloner
alno ngraas to pay all fast for City Enginmering
and Administrative services consistent with
current city requirements.
CITY AM PROP2RTY OW3BP9 ACREZI
1. Mat tha property owners shall comply with all applicable
rules, regulations, ordinances and lawn of theCity of Eden
Prairie.
2. 'zit the crevion,:: of nis :rgrenmant z;hall be bialing
and an:srceable aceint C'nerr, ±eir succeseors and assigns,
,lad all ::ch7cquent owners, neir respective hairs, successore and
assigns, of the property heroin described.
3. Vast en executed cspy of this Agreement shall be
recorded with the 7:cginter of Deeds or the registrar of Titles
for the County of Hennepin and State of Minnesota.
4. That if Owners fail to proceed in accordance with this
Agreement within twelve (12) months from the date hereof. Owners
will not oppose a rezoning of said property back to a District
rural zoning.
=WITNESS WHEREOF, The parties to this Agreement have caused
these presents to be executed the day and year aforesaid.
CITY' OF EDEN PRAIRIE
By,
Its Mayor
And
Its Clerk
BROWNING PERRISS INDUSTRIES,
INCORPORAT=
By
Its Presid nt
And
7,t7.1 Serl=etary
STATE 07 MINIMSOTA )
) ns
cOONTT or EMWZPIN )
On this day of • 1974, before ma, a
:try 2ublic within and fcr raid County, personally appeared
and
to ne personally known, who, being each by me defy sworn, did
that they are respectively the President and Secretary of
12:11CWNMNO 17=RI3S Imvsrans, IMO:VORA:MD, which corporation
I s named in the foregoing instrument, and that said instrument
was signed and sealed in behalf of said corporation by authority
its :::card of , and said
&Acknowledged
ae :::1 act and deed of said corporation.
Notary Henn. Cty, Minn.
STATE CF MINNMSOM% )
rat.
COMTE IrNmpis )
=3 TS TO CTT.T1TY, That on this day of
1974, bn;.ern :no, a i:otary :rersenaliy appear -el
nnd , known to
to e flayor anl City Cler oi ji,s city o ?rairia.
essoutinq the Above instrurent ane ocknowledgod the said instrument
to be the free and voluntary act and deed of said City for the unes
and puroes therein mentioned, and also stated that they were
authorized to execute the same and that the seal affixed is the
Corporate Seal of Raid City.
!iozary Public, Hennepin County, Minn.
7,;:y Commission Expires
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 812
A RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT
FOR THE PURPOSE OF ESTABLISHING A FIRE TRAINING CENTER
WHEREAS, it is the desire of the City of Eden Prairie to provide a Fire
Training Facility which will permit the Eden Prairie Volunteer Fire Department
to improve their fire fighting capabilities, and that the joint acquisition of
the Launch Area, Nike Battery 70, St. Bonifacius in Carver County can be
utilized as such a facility, and that said site is available from the General
Services Administration of the United States of America upon terms favorable
to the proposed membership of the Western Area Fire Training Association,
THEREFORE, Be It Resolved that the City of Eden Prairie enter into a
Joint and Cooperative Agreement with the initial membership cities of:
Chanhassen
Chaska
Eden Prairie
Excelsior
Long Lake
Maple Plain
Mayer
Mound
St. Bonifacius
Victoria
for the purpose of establishing the Western Area Fire Training Association
Training Center.
ADOPTED by the City of Eden Prairie this 22nd day of January, 1974.
Mayor
ATTEST:
SEAL
Clerk John Frane
JOINT AND COOPERATIVE AGREEMENT
I. PARTIES
The parties to this agreement are municipal corporations
and political subdivisions of the State of Minnesota. This
agreement is entered into pursuant to the authority conferred by
Minnesota Statutes, Section 471.59.
II. NAME
The name of the organization of municipalities created by
this agreement is "The Western Area Fire Training Association."
,III. PURPOSE
The parties have entered into this agreement for the purpose
of providing a fire training facility at which full time and
volunteer fire fighters who serve the members can develop and
improve their fire fighting capabilities. The parties have
determined that the joint acquisition of the Launch Area, Nike
Battery 70, St. Bonifacius in Carver County can be utilized as
such a facility, and that said site is available from the General
Services Administration of the United States of America upon
terms favorable to the members. It is the purpose of this
agreement to facilitate the acquisition of said site and its
conversion into a fire training center for the members.
IV. DEFINITIONS
Section 1. For purpose of this agreement the terms defined
in this article have the meanings given them.
Section 2. "Association" means the Western Area Fire
T nJaininq Association.
Section 3. "Board of Directors" or "Board" means the
governing body of the Association created by Article V.
Section 4. 'Executive Committee" or "Committee" means the
committee created by the Board under Article VII.
Section 5. "Member" means any political subdivision of the
State of Minnesota which becomes a member of the Association. .
Section 6. "Fire Fighter" means any member of a regularly
organized volunteer or full time fire department serving a member.
Section 7. "Council" means the governing body of a member
by whatever term known.
Section 8. "Site" means Launch Area, Nike Battery 70, St.
Bonifacius in Carver County, D. Minn. 494.
V. ASSOCIATION CREATED
Section 1. Creation. The Western Area Fire Training
Association is hereby created with the powers and duties assigned
to it and in accordance with the terms of the agreement.
Section 2. Initial Members. The initial members of the
Association are the following cities which comply with Section 3
prior to March 1, 1974:
illiff1r
Chanhassen
Chaska
Eden Prairie
Excelsior
Long Lake
Mound
Mayer
St. Bonifacius
Victoria
Section 3. Procedure. A member shall indicate its intention
to join the Association by appropriate authorization of its
governing body and the filing of such resolution and an executed
copy of this agreement with the City Clerk of the City of
Excelsior.
Section 4. Organization. The Association is deemed to have
been created when any four of the initial members have complied
with Section 3 of this Article.
Section 5. Additional Members. Any other political sub-
division of the State may become a member of the Association by
complying with Section 3 of this Article and other pertinent
provisions of this agreement. Membership by other than initial
members shall be subject to approval by the initial members.
VI. GOVERNING BODY
Section 1. Board of Directors. The governing body of the
Association is its Board of Directors. The Board is composed of
-2-
two directors appointed by the Council, of each member for a term
of one year ending December 31, provided however that of the two
members one shall be a fire fighter. If a director ceases to be
a fire fighter, or if the appointment of any director is
rescinded by the Council of a municipality, a vacancy shall
exist and shall be filled by the Council as in the case of
original appointments: in all other cases, Directors shall serve
until their successors are appointed and qualify.
Section 2. Meetings, Quorum, By-Laws. The Board Shall
hold an organizational meeting within 30 days after the Association
is created, subject to the provisions of Section 3 of this
Article. At its organizational meeting the Board shall elect
from its members a Chairman, Vice-Chairman and Secretary-Treasurer,
and it shall adopt by-laws governing meetings, quorums, duties of
officers and such other matters as it deems necessary and as
may be required by the agreement.
Section 3. Interim Meeting of Board. Time being of the
essence, when four members have joined the association as
provided in Article V, Section 4, an interim organizational
meeting shall be held. Temporary officers shall be selected and
temporary rules adopted sufficient to enable the members to
negotiate the purchase of the fire training site from the General
Services Administration, but for no other purpose.
Section 4. Powers and Duties of the Board. Subdivision 1.
The Board shall exercise general supervision and control over the
operation of the fire training center. It shall adopt rules and
regulations for the proper administration of the center including
but not limited to its scheduling, maintenance, preservation, use
and management.
subalvision.2.- Funds: Employees. The Board may apply for or
accept grants, gifts or loans from any source whatsoever and
utilize the same for the purposes of the center. It may employ
personnel to operate the center and an executive director to
menage t:ne operatic:: of the ce=ter.
-3-
Subdivision 3. 7:t11: P:----2rs. The Board shall have and possess
all powers necessary and convenient for the proper and efficient
operation of the center.
VII. EXECUTIVE COMMITTEE
Section 1. Appointment. At its organization al meeting the
Board shall select from among the directors an executive committee
consisting of seven persons for terms corresponding to their .
regular term of office as director.
Section 2. Duties. The executive committee shall have the
responsibilities assigned to it by the by-laws of the Board and
may perform any function assigned to it by such by-laws between
regular meetings of the Board. The executive committee shall
monitor the operation of the training center and make such
recommendations to the Board as are necessary for the proper
operation of the training center.
VIII. FINANCIAL MATTERS
Section 1. Purchases and Contracts. All purchases, con-
tracts and expenditures of funds made by the Association shall
be made in accordance with the laws governing such matters for
statutory cities in Minnesota. Strict accounting for all funds
of the Association shall be provided for.
Section 2. Capital and Operating Costs. • All Capital and
interest costs of acquisition and improvement of the training
center shall be shared equally by the members, according to
procedures adopted by the Board. Operating costs of the training
center shall be defrayed by equitable user fees as determined by
the Board.
Section 3. Acquisition of Site. The City of Excelsior shall
be the contracting party for the members to purchase the site
from the General Services Lohninistratinn. The purchase shall be
by contract for deed pursuant to the provisions of Minnesota
Statutes, Section 412.221 Subd. 2, and in such terms as may be
acceptable to the Gencral Services Administration and the City of
Excelsior, provided however, that the City is under no obligation
-4-
to enter into a =tract unless it has received, prior to
February 12, 1974, a sum of $500.00 from each of the members of
the Association on that date. All members joining the Association
after February 12, 1974 shall make an initial contribution of
$500.00 toward capital and interest costs provided by Section 2
ff i t
of this Article. If all na.ne (B) members listed in Article V,
Section 2 join the Association, the initial contribution of $500.00
each will provide sufficient monies to make the initial down
payment and provide monies to cover expenses in forming the
Association and purchasing the site. Each member agrees to pro-
vide each year sufficient monies to pay its prorate share of
1 the purchase price due on the Contract for Deed. If all 4 1;1 (T)
members do not join the Association, those members who do join,
agree to pay to the City of Excelsior their prorate share of the
contract costs as they become due under the terms of the Contract
for Deed.
Section 4. Ownership of the Site. The record title to the
site shall be in the name of the City of Excelsior. The City of
Excelsior egress to hold title to the site property in trust for
all members who contribute money for the site purchase. Each
members interest in the site shall be in accordance with its
prorate share paid to acquire the site. Nothing in this section
shall prohibit the creation of record ownership by joint tenancy
or in such other manner as is deemed to be equitable by the
members. If there is not unanimous consent by all members as to
how the title shall be recorded, it shall remain with the City of
Excelsior in trust for each member who contribute to its purchase
and who continues to contribute its equal share under the terms .
of Article VIII, Section 2. Withdrawal from the Association in
accordance with Article IX, Section 3 shall act as a forfeiture
oVneal-414hieniiinterest in the site or to any of the trust
provisions of this Section.
Section 5. Budget. The Board shall prepare and submit
an annual budget to the members prior to June 1 of each year.
-5-
Members shall :-.ave until July 1 to comment and make recommendations
on the budget, but if cz=mer.ts or recommendations are received
prior to that date the budget shall be deeme
d
t
o
h
a
v
e
b
e
e
n
approved by the members.
IX. DURATION: TERMINATION, WITHDRAWAL
Section 1. Duration. This agreement is in ef
f
e
c
t
u
n
t
i
l
terminated in accordance with this Article.
Section 2. Termination. This agreement may
b
e
t
e
r
m
i
n
a
t
e
d
by unanimous consent of the members indicated
b
y
t
h
e
a
p
p
r
o
p
r
i
a
t
e
resolution of their Councils filed with the
B
o
a
r
d
.
u
p
o
n
t
e
r
m
i
n
a
-
tion the Board my continue to function for su
c
h
t
i
m
e
a
s
i
s
necessary to wind up" the affairs of the Asso
c
i
a
t
i
o
n
.
U
p
o
n
termination all assets of the Association sh
a
l
l
b
e
d
i
v
i
d
e
d
equally among the members.
Section 3. Withdrawal. Any member may withd
r
a
w
f
r
o
m
t
h
e
'
Association by resolution of its Council for
w
a
r
d
e
d
t
o
t
h
e
B
o
a
r
d
at least 60 days prior to withdrawal. Upon withdrawal, a member
shall not be entitled to any share in the as
s
e
t
s
o
f
the
Association or any refund of capital or interes
t
c
o
s
t
s
contributed by it to the Association.
-6-
In Witness wItereof f, the parties have caused this
Agreement to be executed on the dates appearing below pursuant
to resolution of their Councils.
1974 City of Chanhassen
By
Mayor
1974 City of Chaska
By
Mayor
Clerk
1974 City of Eden Prairie .
By
Mayor
Clerk
1974 City of Excelsior
By
Mayor
Clerk
Date: . 1974 City of Long Lake
By
Mayor
Clerk
Date:
Date:
Date:
Date:
-7-
1974 City of Mayer
. By
Mayor
Clerk
Date:
Date: :374 City of Mound
By
Mayor
-8-
Date: 1974 City of St. Sonifacius
Date: 1974 City of Victoria
By
Mayor
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, January 8, 3979
7:30 p.m., Village Hall
COUNCIL MEMBERS: Mayor David Osterholt, Joan Meyers, John McCulluch,
Wolfgang Fenzel, Sidney Pauly.
COUNCIL STAFF: Village Manager Robert Heinrich; Village Attorney
Harlan Perbix; Clerk John Franc.
AGENDA
I. ADMINISTRATION OF OATH OF OFFICE BY VILLAGE ATTORNEY FOR MAYOR DAVID
OSTERHOLT AND COUNCILWOMAN SIDNEY PAULY.
It. INVOCATION -- PLEDGE OF ALLEG /ANC E -- ROLL CALL.
III. MINUTES OF REGULAR MEETING HELD DECEMBER 26, 3973.
A.), to- j„,„, V 4
4 .4' ai 67" I „ 0••• I
ylv. ELECTION OF ACTING 5 ,10 03
V. OFFICIAL DESIGNATIONS. (Attachments)
A. 1979 Meeting Dates and Times - Resolution No. 797.0Z
B. Official Publication - Resolution No. 798. t*
C. Official Depository for Village Funds - Resolution No. 799.1;9't
D. Investment Authorization - Resolution No. 800.6
- E. Signatory Authorization - Resolution No. 801.4.1-
F. Facsimile Signatory Authorization - Resolution No. 802.0c
APPOINTMENTS. (Attachments) i
A. ZulgurbaaRpte Authority - Di
p
ector and Alterate Director. Resolution No.
Appointments by Council.
B. Suburban League of Municipalities. Reprekrative and Alternates.
-
Appointments by Council.
C. Metr000litan Leaoue of Municipalities. Represetative and Alternates.
Appointments by Council. *-
D. South Hennepin Human Services Council. Appointment of three Repre-
sentatives. Appointments by Council.
E. CATV Study Commission, Appointment of Council Representative and Village
Manager, Appointments by Council.
F. Board of Appeals. Five appointments for one year term. Appointments by
Mayor with consent of Council.
orbe`'' gd. Planning Commission. Two appointments for three year terms plus Council
Representative. Appointments by A,Ilitlovith conse044646mbaa.
s H. Park and Recreation Commission. Three appointments for three year terms,
t."
one youth appointment, plus Council Representative. Appointments by
Mayor with consent of Council.
I. Human Rights Commission. Three appointments for three year terms, one
o` e441,,•40., appointment for one year term, two youth appointments, plus Council
Representative. Appointments by Mayor with consent of Council.
!rizj.
Village Attorney. Appointment by Manager subject to approval of Council.
Council Agenda -2- January 8, 1974
VII. OTHER APPOINTMENTS.
PUBLIC HEARINGS :
A. Bequest for kennel operation south of 369/212, east of intersection of
169/212 and Riverview Road. (Attached letter dated December 27, 1973,
from Lower Minnesota River Watershed District and Commission minutes)
.A--/-10 . Ph 7
Action: S ‹.
niciG" S
B. Basswoods d/ site, proposed by M.Z. Jones Associates for rental apart- -
ments located on 17.09 acres in the Preserve, north of the East/West -
Parkway and south of the school/park site. Requesting rezoning from Rural
under P.U.D. 70-3 to RM-2.5 multiple family residential. (Attachments) -
Action: First reading of Ordinance No.247 , approving rezoning from Rural to
RM-2.5 in conformance with the Basswoods dl site plan dated 3/3/74.
•ear by Ls, r6- Ica pcivi.".
IX. PETITIONS, REQUEST; COMMUNCATION` .
A. Letter from Minnesota Highway Department dated 12/27/73 concerning
intersection of T.H. 5 at Mitchell Road. (Attachments)
Action: Motion to receive and file.
B. Letter from Mr. John uback dated December 2] , 1973, in support of
liquor license application. (Attachments)
Action: Motion to receive and file.
X. RESOLUTIONS AND ORDINANCES.
A. Besolution No. 796 authorizing the issuance of on-sale liquor license for
Brem Corp. (Eden House Supper Club on Flying Cloud Drive)
Action: Motion adopting Resolution No. 796. 0
"
Second Reading, Ordinance No. 245, an ordinance relating to conduct on
school grounds.
Action: Motion approving Second Reading of Ordinance No. 245.
VIII.
0 1-4
Second Reading, Ordinance No. 246, ordinance containing regulations for
the use of Anderson Lakes.
Act*: Motion approving Second Reading of Ordinance No. 246.
XI. BEPORTS OF OFFICERS, BOARDS, St COMMISSIONS.
A. Reports of Village Engineer.
1. Consideration of Plans and Specifications for Project STM 73-4-17.M.)
Action: Motion adopting esolution No. 805 , approving Plans & Specifica-
tions for Project ETM 73-4-17, Emprovement Contract No. 53-259,
Neill Lake District Improvements and ordering advertisement for
bids.
Council Agenda -3- January 8, 1974
XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (CONT.)
A. Reports of Village Encineer (cont.)
2. Approve Hennepin Couzty Plans and Specifications for Project 6019.
(Attachment)
Action: Motion adopting Resolution No, 806 approving Plans, Specifica-
cations, and special provisions for Hennepin Col4ty Projeck6019.
/it e-er-LU fl#/IPA.'
3. Accept for continuous maintenance various new streets and utilities.
Action: Motion upon recommendation of the Village Engineer accepting for
continuous maintenance subject to a one year warranty commerving
January fi, 1974, the following streets and utilities:
CPI,. Creekwood Estates 1st Addition: sanitary sewer, watermain,
and storm sewer.
f - 0 ‘f Edenvale 7th Addition: Sanitary sewer, watermain, storm sewer.
Also, bituminous surfacing and concrete curb and gutter on
Summerhill Drive only.
4. Approve Final Payment to C.S. McCrossan, Inc. for Mitchell Road
Project STR 72-3-05.
Action: Motion upon recommendation of the Village Engineer and subject
to a one year warranty of all materials and workmanship com-
mencing fauuary 8, 1974, Final Payment to C .S. McCrossan , Inc.
be approved for Mitchell Road Project FM 72-3-05 (i.C. 51-250)
in the amount of 6303,653.77, less all previous payments.
B. Reports of Director of Community Services.
1. Consideration of options to purchase Brown and Blacklock properties
on Anderson Lakes for park purposes. (Copies ot option documents and
park acquisition report.) sei f ,••• os y
43fildtrol" Action: Motion authorizing the f 1 Brown en‘Blacklock
properties on Anderson Lakes.
C. Reports of Village Manager.
1. Discuss resignation of Village Assessor.
2. Discussion of Sun Newspaper editorial.
3. Discussion of orientation program and tour of Village facilities for
Village Council.
4. Discussion of training for Village Staff provided by Wilson Learning.
XII. FNANCES.
A. Payment of Claims No. 3298 - 3367.
Action: Motion approving Payment of Claims No.
B. Cash and investment Report.
Action: Motion accepting Cash and Investment Report.
-4- January 8, 1974 Council Agenda
:rt. ?NANG ES (CONT.)
C. 0.0, Water and Sewer Bond F ale extended until February 12, 1974. (Mach-
ments.)
Action:
XttI. ADJOURNMENT.
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 797
A RESOLUTION DESIGNATING THE OFFICIAL MEETING
DATES, TIME AND PLACE FOR THE VILLAGE OF EDEN
PRIAIRIE COUNCIL MEMBERS IN 1974
BE IT RESOLVED, by the Village Council of the Village of Eden
Prairie, Minnesota that they meet on the second and fourth Tuesdays
of each month at 7:30 p.m. in the Eden Prairie Village Hall, 13950
Eden Prairie Road, Eden Prairie, Minnesota.
ADOPTED by the Village Council of the Village of Eden Prairie
this 8th day of January, 1974.
David W. Osterholt, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 798
A RESOLUTION DESIGNATING THE EDEN PRAIRIE
SUN AS THE OFFICIAL NEWSPAPER FOR 1974
. BE IT RESOLVED, by the Village Council of the Village of Eden
Prairie, Minnesota that the Sun Newspapers, Eden Prairie Sun edition
be designated as the official Village newspaper for the year 1974.
ADOPTED by the Village Council of the Village of Eden Prairie
this 8th day of January, 1974.
Divid W. Osterholt, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 799
A RESOLUTION DESIGNATING DEPOSITORY
FIRST NATIONAL BANK OF HOPKINS
BE IT RESOLVED, that the First National Bank of Hopkins,
Minnesota, authorized to do banking business in Minnesota be and
hereby is designated as an Official Depository for the Public
Funds of the Village of Eden Prairie, County of Hennepin, Minnesota,
for a period of one year from this date. The Village Treasurer shall
secure and maintain adequate security for funds in the depository.
ADOPTED by the Village Council on this 8th day of January, 1974.
David W. Osterholt, Mayor
ATTEST:
SEAL
John D. franc, Clerk
VILLAGE Of EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 800
A RESOLUTION AUTHORIZING THE TREASURER TO INVEST VILLAGE
OF EDEN PRAIRIE FUNDS IN THE FIRST NATIONAL BANK OF HOPKINS,
NORTHWESTERN NATIONAL BANK OF HOPKINS, FIRST NATIONAL BANK OF
MINNEAPOLIS, NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS, CHANHASSEN
STATE BANK OF CHANHASSEN, GLEN LAKE STATE BANK OF MINNETONKA, FIRST
EDINA NATIONAL BANK, FIRST SOUTHDALE NATIONAL BANK OF EDINA AND
SOUTHWEST FIEDLITY STATE BANK OF EDINA, NORTHWESItHN NATIONAL BANK
SOUTHWEST IN:
CERTIFICATES OF DEPOSITS, U.S. GOVERNMENT NOTES AND BILLS,
STATE OF MINNESOTA NOTES, FEDERAL GOVERNMENT AGENCY BONDS
AND NOTES, REPURCHASE AGREEMENTS AS AUTHORIZED BY STATE STATUTE.
BE IT RESOLVED, by the Village Council of the Village of Eden Prairie,
County of Hennepin authorizing the Treasurer to invest Village of Eden Prairie
funds in the above banks in Certificates of Deposits, U.S. Government Nqtes
and Bills, State of Minnesota Notes, Federal Government Agency Bonds and Notes
and Repurchase Agreements as authorized by State Statute. The Village Treasurer
shall secure and maintain adequate security for funds deposited.
ADOPTED by the Village Council on this 8th day of January, 1974.
David W. Osterholt, Mayor
ATTEST:
SEAL
John D. Frane, Cleri
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 801
BE IT RESOLVED, that the persons holding office as Mayor, Manager
and Treasurer of the Village of Eden Prairie, be and they hereby are,
authorized to act for this Village in the transaction of any banking
business with First National Bank of Hopkins, (hewinafter referred to
as the bank), such authority including authority on behalf of or in the
name of the Village from time to time and until written notice to the
bank to the contrary, to sign checks against said account, which checks
will be signed by the Mayor, Manager and Village Treasurer. The bank
Is hereby authorized and directed to honor and pay any check against
such account which is signed as above described, whether or not said
check is payable to the order of, or deposited to the credit of, any
officer or officers of the Village, including the signer or signers
of the check.
BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign
checks as an alternate for the Mayor and that the Deputy Treasurer be
authorized to sign checks as an alternate for the Village Manager.
ADOPTED by the Village Council on this 8th day of January, 1974.
David W. OsterhoTt, MaY0r
ATTEST:
SEAL
John D. Frane, Clerk
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 802
A RESOLUTION AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
BE IT RESOLVED that the use of facsimile signatures by the
following named person:
David W. Osterholt, Mayor
John D. Frane, Treasurer
For checks less than $5,000.00:
David W. Osterholt, Moor
Robert P. Heinrich, Manager
on checks, drafts, warrant-checks, warrants, vouchers or other orders
on public funds deposited in the First National Bank of Hopkins be
and hereby is approved, and that each of said named persons may
authorize said depository bank to honor any such instrument bearing
his facsimile signature in such form as he may designate and to charge
the same to the account in said depository bank upon which drawn, as
fully as though it bore his manually written signature, and that
instruments so honored shall be wholly operative and binding in favor
of said depository bank although such facsimile signature shall have
been affixed without his authority.
ADOPTED by the Village Council on this 8th day of January, 1974.
David W. Osterholt, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
VILLAGE OF EDEN PRAIRIE
''--
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 804
RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR
TO SUBURBAN RATE AUTHORITY
BE IT RESOLVED by the Council of the
of ., , Minnesota, as follows:
is hereby designated as a director
of the Suburban Rate Authority, and
is hereby designated to serve as alternate director of the Suburban
Rate Authority for the year 197 and until their successors are
appointed.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
) SS.
OF
I, the undersigned, being the duly qualified and acting Clerk
of the of ' hereby certify that the
attached and foregoing is a true and correct copy of a revolution
duly adopted by the Council of
at its meeting on
• 197 as the same is
recorded in the minutes of the meeting of such council for said
date, on file and of record in my office.
Dated this day of , 197 .