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HomeMy WebLinkAboutCity Council - 05/08/1973 - Village Meeting • w MINUTES k EDEN PRAIRIE VILLAGE COUNCIL TUESDAY, MAY 8 , 1973 7:30 P.M. , VILLAGE HALL COUNCIL MEMBERS: Mayor Paul Redpath , Councilmen John McCulloch and Wolfgang Penzel , and Councilwoman Joan Meyers - Absent: Councilman Roger Boerger. ' COUNCIL STAFF: Village Manager Robert P. Heinrich; Village Attorney Harlan Perbix; Clerk John Frane. . I. MINUTES OF REGULAR MEETING HELD APRIL 24 , 1973 . A motion was made by Mrs . Meyers and seconded by Mr. Penzel to approve the minutes of April 24th as published with the following addition and correc- tion: Page Four - Item V. (A), Paragraph One - A motion was made by Mrs.Meyers to adopt Resolution No. 690 approving the fi-ial plat of St. John's Wood Addition including the 5 recommendations in the Village Engineer's Report dated April 19 and the Planning Commission's regprnmex motion that heavy buffering alongBaker Road be provided by the developer. The latter recommendation was made on April 17. Mr. Penzel seconded. All voted aye. Motion carried. l Page Five - Item V(. (A),4 - On calling for the question, all aged with the �v i exception of Mr. Boerger who payed. Motion carried. 11. APPOINTMENTS: A. Mayor's Appointments: 1 . Appoint Steve Eisch to the Park and Recreation Commission effective Mav 1 , 1973 , to serve until April 30, 1974 . A motion was made by Mr. McCulloch and seconded by Mr. Penzel to approve the appointment of Steve Eisch to the Park and Recreation Commis- sion effective May 1 , 1973 , to serve until April 30, 1974. All voted aye . Motion carried. 2 . _Members of the Eden Prairie Drug Committee. Because Mayor Redpath had not had the opportunity to meet with Mr. Komschlies to discuss the possible appointees , action was delayed until the May 22, 1973 , Council meeting. Council members were requested to suggest or recommend possible appointees . ` III. PUBLIC HEARINGS: A. Improvement hearing on Project eTR 73-3-14 street paving in the Padon Down's area . Mr. Carl Jullie, Village Engineer, provided the audience with a descriptive outline of the project and made his presentation to the Council and audience. w Council Meeting Page Two May 8, 1973 The five-ton road will have a 2" - 3" thick 26' wide surface with mountable curbing. Duck Lake Road from Duck Lake Trail to South Shore Lane was included along with t school bus route. Th It sseh m�e. t streets because it will be used as the �ssmennt rate of $244� per lot unit was arrived at by determining total cost of the 12" wearing surface on the petitioned streets divided by the thirty-three benefitted RECs. The period of assessment would be determined at the special assessment hearing in late September, 1973 , but Mayor Redpath indicated this period would probably not exceed 10 years - E the probable life of the road. i Mr. Penzel asked if Peterborg Road lots 9 and 10 were buildable, and Mrs. Meyers asked if the school could share in the $6 ,000 Village cost. Mr. Jullie felt that both questions could be answered at the September hearing. Mrs. Meyers was concerned that this project might hold up other projects in the Duck Lake area but was assured by Mr. Jullie that other projects would not suffer. 'r When Mr. Thomas Schoenfelder, 17311 Duck Lake Trail, suggested a three- way stop at Barberry and Padons Drive , Mr. Heinrich stated that the possi- bility could be studied by the Public Safety Department. Mr. Jullie, answering a question from Mrs. Connie Foster, 6915 Barberry Lane, said that Barberry would receive the same upkeep treatment as other roads in the community. Kirk Foster, 6915 Barberry Lane , requested an explanation of the paving depths. In reply, Mr. Jullie said that grading will be done before the bituminous is laid; thickness will be 2" on Barberry Lane, Padons Drive and Peterborg Road and 3"-5 " on Duck Lake Trail . A motion was made by Mr. Penzel and seconded by Mr. McCulloch to adopt Resolution No. 698 ordering Improvement Project STR 73-3-14 and modifying an existing contract with Lametti & Sons by adding thereto on a unit price basis. Motion carried unanimously. B. Condor Corporation , request for rezoning from Rural District to I-2 Industrial Park for land west of Washington Avenue and south of Valley View Road. C . Land Division on Plat 56976, Parcel 1500 requested by Mr. Warren Shultz. Mr. Heinrich requested that these Items B and C be removed from the agenda since administrative problems on these two items could not be resolved prior to the Council Meeting. A motion was made by Mr. Penzel to strike item B, Condor Corporation, and Item C, Land Division on Plat 56976 , Parcel 1500, from the May 8, 1973, agenda and to place them on the May 22, 1973, agenda. Mrs . Meyers seconded . All voted aye. Motion carried . Council Meeting Page 3 May 8, 1973 IV. PETITIONS, REQUESTS & COMMUNICATIONS: { A. Letter from Nine Mile Creek Watershed District Board of Managers dated April 23 , 1973, submitting the 'Watershed's 1972 Annual Report. B. Letter from Riley-Purgatory Creek Watershed District dated April 16 , 1973, submitting the Watershed's 1972 Annual Report . Mr. Penzel moved to receive and file the letters from Nine Mile Creek Water- shed District Board of Managers and from Riley-Purgatory Creek Watershed 'w District. Mrs. Meyers seconded. All voted aye. Motion carried. C . Letter from J. Michael Campbell of the Char-Lynn Plant of Eaton Corpo- ration dated April 1 , 1973 . Mr, Heinrich, Village Manager, stated that Char-Lynn was just advising the Village that their personnel practices are not discriminatory in any way. Mr. Penzel said that Bloomington has requested such letters from its industries. A motion was made by Mr. Penzel to receive and file the letter from J. Michael Campbell of the Char-Lynn Plant of Eaton Corporation dated April 1, 1973 . After a second from Mrs. Meyers , the motion carried unanimously. V. RESOLUTIONS .& ORDINANCES: A. Renewal with modifications of franchise ordinance granting Northern `tates Power Companv the right to operate in the Village of Eden Prairie . Mr. Heinrich, speaking about the ordinance , stated that both Bloomington and Edina have passed such an ordinance . Discussion followed regarding the ordinance and the Metro Rate Authority (item F) . Mr. Heinrich informed the Council of Mr. Keefe's and Mrs. Growe's commitment to a state regulatory agency. Mr. McCulloch expressed concern over smaller communities lacking a voice since members of the authority would receive only one vote per 100 users. Mrs. Meyers questioned the reasoning of the franchise ordinance. With the understanding that the Council could submit their questions on the ordinance and joint cooperative agreement to Mr. Heinrich for reply at the June 32 , 1973 , meeting, Mr. Penzel moved to adopt the first reading of Ordinance No. 2.23, Northern States Power Company franchise ordinance . Mr. McCulloch seconded . Motion carried unanimously. B. Second Reading. Ordinance No. 2.15 , providing rezoning of Westwind in The Preserve from District Rural to RM G.S. A motion was made by Mr. Penzel to adopt the second reading of Ordinance No. 215 and order published. Mrs. Meyers seconded . Motion carried after all voted aye. Council Meeting Page 4 May 8, 1973 C . Consideration of resolution proposed by the Board of Directors of the ! Hennepin County League of Municipalities, suggesting strengthening of 'l the HCL, increasing staff of HCL, and increasing the budget and dues to finance the operations of the larger staff and increased activity of HCL. Mr. Redpath brought the Council up to date on the situation of the Leagues and further indicated that he felt the Metro League was the way to go . Mr. z Heinrich: echoed these sentiments, saying that if given a choice , he would choose Metro since that League is far more effective in dealing with the 1 problems of municipalities. l A motion was made by Mr. McCulloch and seconded by Mr. Penzel not to adopt the Hennepin County League's proposed resolution . All voted aye . Motion carried. D. Consideration of Resolution No. 697 establishing June 12 , 1973 , at 4:30 p.m. in the office of Robert Ehlers, Municipal Bond Consultant, for sale of $2 ,5001000 General_Obligation Water and Sewer Bonds. n A motion was made by Mr. Penzel to adopt Resolution No. 697 setting June 12 , 1973 , as the date of the sale of $2 , 500 , 000 General Obligation Water and Sewer Bonds , with bids to be opened at 4:30 p.m. in the office of Robert Ehlers and completed at the Council meeting scheduled for that evening. Mr. McCulloch seconded. All ayed; motion carried. E. Consideration of reauest of Hennepin County Highway Department for approval of plans and specifications for Project No. 7305 . Contract covers installation of highway and interchange lighting on C .S.A.H . 62 between T.H. 169/212 and C .S.A. H. 61 . All construction and maintenance costs involved will be paid by the County. in view of the anticipated energy crisis this summer, Mrs. Meyers objected to the seemingly overlighting of this portion of the highway. Mrs. Meyers made the motion adopting Resolution No . 701 approving Henn. f County Project No. 7305 and expressing reservations as to the lighting reguke- ments proposed for this section of the highway. Mr. Penzel seconded. All ayed; motion carried. F. Consideration of Toint Cooperative Agreement establishing a Metro Rate Authority to jointly and cooperatively administer the rate provisions of uniform franchises granted to the Northern States Power Company. This item was discussed with 'tem VA and will be carried over until the June 12 meeting . CG. Consideration of agreement for electrical service with Northern States Power Company for Municipal dater Pumping. Agreement calls for payment of $9,500 for installation of transformer, metering , cable and appurternnoes for two municipal wells and water plant. x Council Meeting Page 5 May 8, 1973 A motion was made by Mr. Penzel and seconded by Mr. McCulloch to adopt Resolution No. 702 authorizing the Mayor and Manager to enter into agreement dated June 1 , 1973 , with Northern States Power Company for electrical service for municipal well pumping in the amount of $9,500 . On roll call, all ayed . Motion carried. H. Second Reading, Ordinance No. 216. An ordinance approving reclassifi- cation of Edenvale 7th Addition ':ummerwoods" to RM 6.5 . A motion was made by Mrs . Meyers to adopt the second reading of Ordinance No. 216 and order published. Mr. Penzel seconded. All voted aye. Motion carried. I. Second Reading , Ordinance No . 220. An ordinance approving reclassifi- cation of Kakach 1st Addition to R1 13 .5 . A motion was made by Mr. Penzel and seconded by Mrs. Meyers to adopt the second reading of Ordinance No. 220 and order published . All voted aye. Motion carried. J. Second Reading, Ordinance No . 221 . An ordinance approving reclassifi- cation of Shelter Homes Corp. , "Eden Farnis 2nd Addition" to RI 22 . Mrs. Meyers moved to adopt the second reading of Ordinance No. 221 with the condition that the mater of the 40' or 50' county road easement be resolved before publishing . Mr. Penzel seconded. All voted aye. Motion carried . Vr. REPORTS OF OFFICERS, BOARDS & COMM rcc IONC: A. Reports of Village Engineer. 1 . Change Order #1 for Improvement Contract 51-246_. Poor soil conditions encountered on the Nine Mile lA Sanitary Sewer Project will require piling resulting in extra cost to the project in the amount of approxi- mately $12 , 000. A motion was made approving Change Order #1 to Improvement Contract 51-246 in the amount of $12,447 by Mr. Penzel. Mrs. Meyers seconded. On roll call, all ayed. Motion carried. 2 . Report on Teslow Utility Easement. Mr. Heinrich reported the :'taff is working on this and hopefully will have the problem resolved in two weeks. 3 . Consideration of bids on Improvement Contract 51-248`Projects VV'rR 72-8-23 & 24 . Trunk and lateral watermains to Rosemount Company and Heritage Park area. I Council Meeting Page 6 May 8, 1973 f Y After Mr. Jullie explained his summary and recommendations, Mrs. Meyers asked if the project would be funded from the bond issue just authorized . Mr. Frane said that the bonds would cover the costs of the project. A motion was made by Mir. Penzel to adopt Resolution No. 699 accepting low bid from Northern Contracting Company in the amount of $270 ,054.51 for Improvement Contract 51-248. Mrs . Meyers seconded. On roll call, all ayed. Motion carried. x 4 . Consideration of bids on Improvement Contract 51-247 , Projects_ MIC 72-9-17 , cTR 72-3-20, and �AJTR 72-8-21 . Improvements on Atherton Road, Mitchell Road , and Scenic Heights Road . Mr. Penzel moved to adopt Resolution No. 700 accepting low bid from Northern Contracting Company in the arnount of $169,261 .37 for [mprovement Contract 51-247. Mr. Redpath seconded. On roll call, all ayed Motion carried. B. Report of Park and Recreation Director: 1 . Consideration of joint venture with Nine Mile CreekWatershed District for water quality analysis in Bryant Lake. Mr. Jessen reported that the Village had been contacted by the residents who have noticed an odor from the lake and who have requested that the Village investigate and perhaps solve the problem. The Watershed was approached and it was agreed that a joint study would be desirable. He further stated that funding for this study is not available , but there is a q great probability of funding for land acquisition in the Bryant Lake area. The Council was shown Bryant Lake water samples . A motion was made by Mrs. Meyers and seconded by Mr. McCulloch to approve the joint venture with Nine Mile Creek 1^'atershed District for water quality analysis in Bryant Lake and to seek to encourage partici- pation of other agencies in the financing. The motion carried when all voted aye. C . Reports of Village Manager. 1 License Application List dated May 8 , 1973 . A motion was made by Mr. Penzel and seconded by Mrs. Meyers to approve the License Application List dated May 8 , 1973 . All voted aye; motion carried. 2 . Reminder of May 10, 1973 , Board of Review 7:30 p.m . , Village Chambers. Council Meeting Page 7 May 8 , 1973 3 . Discussion of Omnibus Metropolitan Council Bill and taxation bills presently before the Legislature. Regarding the Metro Council Bill, Mr. Heinrich stated that it is a very comprehensive bill placing various boards and commissions under the control of the Metro Council . Further, that because Metro Council's power would be increased, Council members would be elected by district as opposed to being appointed. Mr. Keefe, Mr. Heinrich said, is favorable to an elected Council. The taxation bill is still being analyzed and perhaps is not as good as it looks. Serious questions must be answered. VII. FINANCES: A. Payment of Claims No. 1847 through 1923 and 1925 through 1930. A motion was made by Mr. Penzel, seconded by Mrs. Meyers, to pay Claims No. 1847 through 1923 and 1925 through 1930. On roll call, all voted aye. Motion carried . B. Cash and Investment Report. After review, the Cash and .nvestment Report of May 8, 1973 , was received for file. Meeting adjourned at 10:30 p.m. Suzanne K. Lane, Deputy Clerk