City Council - 05/12/1970 - Village Meeting Cb
.1 i1UTES
FDEt1 PRAIRIE VILLAGE COUNCIL
Tuesday, t 1ay 12, 1970 7:40 P.-N. , Village Hall
Neribers present were Councilmen kedpath, Haugen, Nesbitt and Lieb. Also
present were Village Ilanager George C. Hite and Village Attorney Harlan
Perbix. In the absense of tlayor Osterholt, acting !1ayor Ralph Nesbitt
presided.
I . i^INUTES OF IRARCH 24 and APRIL 14 1970
ie +inu es of riarChana Aprilwere approved subject to the correction
of a number of typographical errors.
a
I I . PUBLIC FIEARIN zS
T.-Waste ranagement, Inc. Proposed Sanitary Land Fill . South of TH 169
Near Flying Cloud Drive-In Theater. R annor Don Ripple representing the t
applicant, Waste Management, nc. , presented their proposal to establish
N a sanitary landfill on a portion of approximately 250 acres of land they
represent situated south of TH 169 near Flying Cloud Drive-In Theater. In
addition to Council approval of the landfill the applicant was seeking
Council approval of their Planned Unit Development Concept Plan. The Concept
ru Plan -included the sanitary landfill , adjacent industrial properties, 3 multiple
family area on the Minnesota River Bluff, an alignment for the relocation of
Flying Cloud Drive and the establishment of a public park on the bluff over-
looking the river. The Manager reviewed a series of staff reports prepared
M on the project and advised the Council that the Planning Commission had
W recommended that the concept plan be approved.
Mr. Art Lee, Director of Public Works for Hennepin County, was present and
Wadvised tPie Council of the County' s plans for licensing and regulating the
operation of solid waste disposal sites within the County.Cb
f
Z The Manager advised the council that the sanitary landfill proposal had been
Z) reviewed in preliminary form by the State Pollution Control Agency and that J
there appeared to be no problems with respect to their regulations.
a
m 11r. Redpath asked if the applicants were the owners of all of the property
contained within their application. Mr. Guntrock, President of Waste
(;anagenent Inc. , advised the Council that they mwned all the land %Jthin the
application with tiie exception of a 14 acre parcel owned by t irs. t iuni er, for
which they were currently nee";otiating. 11r. Haugen inquired about the ariount
of traffic generated by the landfill operation. iY. Phil Rooney, of Haste
11anagement Inc. , replied that it would be difficult to make a projection on
traffic generation but that all traffic ;Mould be utilizing the TH lf9 and
what said traffic mould represent only a small portion of tree total traffic
c7n c ;e roadway. He further a.ivised that they had contracted the State Highway
:)n;:artrient relative to the installation of protected left turn and
accelleration lanes.
I-
L e. V;ot t*rie tCouricil arprove +i-Ie nlinnerd I:ni "-'velorp-,rivnt Concont
that i t furtl,er advise ti,-e
n s sL;,,; J 1-tc, I ot ':a s`e " n a(it i"en't IC c a,i d'L
t. i-i in Comity 7,aarJ t1hat it a;-!proves the u s(- of a portion of tl-..2 ',.'aste
property fcr a sanitary landfill operation, under County Licensing
a n c' re u I a t i c)n. 11'aurien seconded. A 11 voted aye. "otion carric".1
PETITIO,141S, REMIF'STS AN[D C011HUNCIATIONS
A. Don Andvrson. Pe5uest for "ining PerT-.iit. Slil Ouadrant of Shady Oak
Road and CFos5_town Highway. .1r. Anderson presented his request. noted
t:iat it -would be necessary to remove approximately 700,000 - S00,000 cubic
yards of material from the site in order to develope it for single family
residential purposes and that he was currently seeking a permit to nine
approximately 500,000 cubic yards of material . fie presented a series of
topographic maps and grading plans indicating the extent to which he
proposed to mine the property. The Manager recommended that tile proposal
be referred to the Planning Cormission for consideration at its June 211d
meeting and returned to the Council for additional consideration at its
.,ieeting on June 9th. Mr. Redpath moved that the proposal be referred to tile
Planninq Cemmission as recommended. fir. Ilaugen seconded. All voted aye.
flotion carried.
D.
William 4. Sirr.,, Jr. Application for Set-Up License. Eden Prairie
Golf Course. 77-Fai—nager reported that he had asked the Sheriff's Deputy
to review—It7c application and that they had recommended that it be granted
fir. Lieb asked if the application was intended to be used on a year around
basis or only during the golfing season. The Manger replied that it was
his understanding that it was to be used only during the golfing season.
fir. Lieb moved that the Council grant the requested set-ip license. Mr.
Redpath seconded. All voted aye. I-lotion carried.
C. fiennuin County Assessor, Notice of Board of Review fleetin2 Date,
The C-ounci I estatillshed JUly b. 1910 at I P.N.. in tile Eden Prairie Village
Council Chambers as the time and place for the 1970 Board of Review meeting.
D. 11. Nicholson. Request for Property Division. 16201 Hilltop Road.
Resolution No. 152. Mr. Nicholson presented his proposal to subdivide of
3, Bl ock 2, Eden eights into six parcels, each of approximately 3i acres
in area and having a frontage of 100 feet. The Village Manager advised that
the Planning Commission had conducted a public hearing on the proposal and had
recommended to the Council that the request be approved subject to a limitation
on the three lots facing Valley Road that they not be considered as buildable
sites until such tii,,ie as Valley Road were to be improved to public road
sty
, ndards. Mr. Redpath moved that the Council adopt Resolution No. 352 approving
the division of Lot 3 Slock. 2 Eden Heights in the manner proposed by Mr.
Nicholson subject to a limitation on the properties facing Valley Road,
prohibiting their development till such time as the road is improved. 'Mr.
Lieb seconded. All voted aye. (lotion carried.
C. George 'lauer. Proposal for Industrial Zoning. Resolution No. 345.
, .r. tlauvr's request had been considered by the Council at its meeting on April
14 and April 28tth 1970. At the April 428th riceting, the council had directed
the Attornvv to draft a Resolution denying the requested rezoning for con-
siderat-ion by the council at its meeting or. May 12th. The Attorney presented
Resolution f.o. 315. for the Council 's consideration. Mr. Nesbitt asked that
Council 1 ii nutes
i"ay 12, 1070
Page 4
the resolution be read by the Village 11anager. Following the reading of
' the Resolution, Mr. Redpath moved that the Council adopt Resolution No.
345, a Resolution denying the application of George Mauer for rezoning of
Lot 2, Block 1 , i' and K Addition. Mr. Lieb seconded. All voted aye. Potion
carried.
IV. FEC011.I1EIdDATION'S NID REPORTS
A. Volunteer i remen. tate Fire School Per Dien Pay. The Village tianager
presented a menoranZc u�a ec May 27,1970, whic h he had prepared in response
to the Volunteer Fire Department' s request for reconsideration of their per
diem and expense payment relating to their attendance at the State Fire School .
The memorandum noted that the Council in 1069 had authorized a per dies. of
$25.00 plus registration fees and reinbursement of out of pocket expenses. A
comparison of thie policy with similar policies in other communities was
presented. The Eden Prairie per diem rate was disclosed to be slightly above
that paid by other corm►unities . The Ildnager advised that he did not believe
that a volunteer should be asked to forfeit his regular job earnings by virtue
of his attendance* at the State fire School . He recommended that the Village
estaLlish a per diem rate equal to the men's regular direct rate of pay
provided p.-roof is furnished that no compensation in any fora was paid by the
enployer for the tirle spent in Fire School . Those unable to provide such
proof vroulu be paid the S25.00 per day. He further recommended that future
attendance at the State Fire School be 1 ir►ited to the Chief plus five ren.
..r. lfauric,, -loved that tie policy as recornended I)v the `Tillage 'tanager be
cstoI 1i s l;c.ti'. "r. ('edn-ath seconclel. ;^,11 •.,oted ave. 11`: tion carried.
(;c,ui;t ',o ad 4 and T►' S Traffic Signal Cost Sharing {!nreerent. I esolution
3^ et.ter dated 1, ,av from ' r. No ster y, District -ng i neer
for tT',t;nnesota }li ghway i epartnent, su1,,t,d ttec a propose..' cost sharing, agree-
f,,2 ,t coveri.i-1 tkc sionalization of the intersection of Count; Road 4 and Tr1
T`►r: ;Z rt.e lens r;-Irri-pose6 that tile, State pay 5�11,' and teat Hi-,nnepin Count,., and the,
711z1�c of Eden rrairio each pa%, 25 ,: of t iic cost. t;e estii.iatedl Eder rairie s
:;;tar,: at
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Tic: Village l`a►,a�}er <,;ivise:.; the Council that tl►e cost sharing forriula as
prupr.sed ;gas i►i accordance witi► standarcA' State po', ' y. lip: saic: tf,at the
Vil 'anc 's share k.ould be an allow,0. 1e clair against the Village' s llunicipai
tat(= ",icic: Construction Account. 1;(, futi7er advised that the.: State intended
to aoard a contract for the work at a very early date but that completion
Prol)ably would not occur before late 1070.
►
i;edpath moved the adoption of Resolution l;o. 346, a Resolution r
authorizing the Itayor and Village l'anager to enter into a contract with the
late l li ghwav Department on belral f of the Village for the sharing of
installing signals at TH 5 and County Road 4. !Y. Haugen seconded. On roll
call , all voted aye. Motion carried.
C. Lat;or Relations Consulting Service. The manager reviewed a proposal
subi►i tte on ay 5, 1970, By Dean Lund LXeCUtive Secretary of the League
of !fi nnesota I1uni ci pal i ties. The proposal described the establishment of
the Labor Relations Consulting Service as an adjunct to the League and
supported by financial contributions from the rlunicipal and County juris-
dictions within the ►�etropolitan area. The service would represent a
continuation of an existing program which has been financed through Federal
Funds . The estimated annual cost of the service was $22,000 of which
approximately on half of $11 ,000 would be paid by the League of Minnesota
Council Minutes
1 c.� 12, 19701
Page 5
uni ci pa i i ti es , t-letropol i tan Section, the i',etropol i tan Inter City Council
and Federal assistance. The remaining amount would be paid by those
municipalities who subscribe to the service. Eden Prairie's share was
estirsated to be S500. annually.
The ,Iana,er reviewed the content of the proposed program and recommended that
the Village participate but that its 1970 commi ttment be limited to $250
wi t;z t )e understanding the additional $250 would be considered as part of
the 1971 budget. i•ir. tiaugen moved that the Village participate in the service
and that its participation be limited to a 1970 contribution of $250. Mr.
Redpath seconded. On roll call , all voted aye. Ilotion carried.
U, Planned Unit Development Procedures. The Manager presented and reviewed
a documen set ing forth suggested is of procedures to be followed in the
develcpment and review of Planned Unit Developments. The Council asked that
a number of changes be made ii- the proposal and that a new draft be submitted
to the Council for consideration at a later date.
1
E, nuisance Cori�2l-aints, Junk Cars. The Manager reported on recent complaints
and ac taken witti regard to Junk cars in Sunrise Circle and Paradise 1
galley. He notes: ti-at legal ,iroceedings had been initiated against the
property owner in the Sunrise Circle area. t.tr. Glenn f'ei nke and inr. Herb
Fosnocht, residents of the Paradise Valley area, presented their concerns
reri rdinc the junE: car operation of f'r. Cecil Vartin. if r. "lartin owns the
property at the intersection of County Road 4 and Rainbow Drive. The Manager
advised t1hat the Village Attorney had been asked to consider the feasibility
of leagal action against Mr. ilartin for, violations of both the Village
nuisance and zoning ordinance. The Council asked the alleged matter be
placed on the June 42.9th agenda for additional consideration.
F. Order to rerioye Hazardous Buildings. Co. Rd.4 and Easy Street The
flanager reported on the status of the removal of the hazardous buildings located
near the intersection of County Road 4 and Scenic Heights Road. The Village
Attorney advised that he had recently contacted the owner of the property and
that the owner had indicated that the properties would be removed in the
very near future. The Council asked that this matter be continued to its
meeting of June 9.
V. ORIDNANCES
ordinance ,lo. 143 Vi11a a General Election Dates. The Village Attorney
presents copie—s—o-T proposed Urd1nance No. 143 would c ange the Village's
general election date from the first Tuesday after the first Monday in
becember, to read the first Tuesday after the first Monday in November. The
Council had instructed the Attorney to prepare the Ordinance at its meeting
on April 20'th. fir. Redpath moved that the Council adopt the first reading
of Ordinance f+o. 143. Hr. Lieb seconded. All voted aye. (lotion carried.
V1 . PURCHASES
A. 'F re Equipment. Tile Village Nanager presented a tabulation of quotations
received for the various types of fire equipment. He recommended that a
purchase order he authorized to t innesota Fire Extinguisher Co. on the basis
of their lour quotation on the amount of $1 ,OG4.0 Mr. Redpath moved that
the Council authorize the purchase of the equiprent as recommended by the
'ia nEvjer. i,r. Haugen seconded. On roll call , all voted aye. —otion carried.
Council !"i mutes
"ay 12, 1 r,7r
'3. kings Forest Site '.lori . Tn "anager recc;mmended that Bids be received
Oi! .�t�11Gii7E�, �.a?! wJ, C' for initial site' grading of til, Kirin. Forest
nei s� �rar!:oc;d nark-school site. Ile advised that these costs would be shared
by 1:!)e School `district. 114r. Redpath moved that the bids recommended by the
,anager be authorized and that they be considered by the Council at its
i,ipctin- on Tuesr;a'I, !'ay 2C. 'I.r. Haugen seconded. F+11 voted aye. ""otion
carri ed.
C. +?rauMc Lai c Softi:.a11 r:accksta The Village "anager presented quotations
1 :_ceive firor, �c:c� car: ; anics or he erection cf a softball backstop at Round
L;akc: Park and recov,irended that a purchase order in the alIOUnt of to
tIit: Ce;;tury Fence Co. be authori.--d. Fir. Lieb moved that :,e "anager be
authori-zed to issue the recor>riended purchase order for tiie backstop. i'r.
11.edpati1 seconded. All voted ave. !lotion carried.
FI i 1A CES
A. Audit of Clams 7317 through 7405. fir. Haugen moved that claims 7317
through TICE, be authorized For payment. l ir. Redpath seconded. On roll call ,
all votes! aye. Notion carried.
u. 1:eview of Cash & Investment lee orts Dated A ri1 30 and MaX 12 1970.
These reports were presented y the Village Manager and reviewed y the Council .
Neeti ag Adjournment at 10:50 P.N.
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