City Council - 11/14/1972 - Village Meeting MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, November 14, 1972 7 :30 P.M. , Village Hall
Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, Cosmano
McCulloch and Councilwoman Joan Meyers. Also present were Vi11age Manager,
Robert P. Heinrich; Village Attorney, W. Harlan Perbix and Clerk, Edna M.
Holmgren.
I. BID OPENING: SALE Of $2,500,000 GENERAL. OBLIGATION WATER AND SEWER BONDS
Three sealed bids were received and opened, Banc Northwest for $2,468, 125.
net price, 5.0921 net interest rate, Juran & Moody, Inc., net price
$2,456,450, net interest cost 5.1571 and Piper, Jaffray & Hopwood, Inc.
net price, $2,459,250, net interest cost 5.1704. Bob Chlers, Ehlers &
Associates, Village Fiscal Agent and Finance Director, John Frane retired
to evaluate the bid tabulation.
II. MINUTES OF REGULAR MEETING OCTOBER 24, 1972 AMD SPECIAL MEETING ON NOVEMBER
9. 1972.
A motion was made by Mrs. Meyers to approve the minutes of October 24th
with the following correction:
Page Eight. Item B. Award of Bid. A motion was made by Mr. Nesbitt to
award the bid for, etc.
With this addition, Mr. Nesbitt seconded. All voted aye. Motion carried.
A motion was made by Mr. Nesbitt to approve the minutes of a Special Meeting
held on November 9th canvassing the Village Election Returns. Mr. McCulloch
seconded. All voted aye. Motion carried.
III. PUBLIC HEARINGS
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A. Shadow Green. Edenvzi e. Mark Z. Jones.
Dick Putnam, Planner and Mr. Jones and Schwartz again reviewed the north #
and south sites in the Shadow Green project. Mrs. Meyers questioned what
the treatment would be on the north site where single family homes join the
development. Mr. Peterson, Eden Land Corp. stated that a buffer area of
greens would be provided. Mr. McCulloch questioned how many net acres were
in the north site, Mr. Peterson replied that there were 12.58 net acres. d
Mr. Cosmano questioned graduated density rather than more open space. Mayor
Redpath asked about the time schedule; if the south site is to be developed s
first, would it be possible that the single family lots on the north of the
north site might not be built upon first. Mr. Peterson said that it could
be but treatment of the site would still be handled as planned. Mr. Nesbitt {
questioned Mr. Jones as to how long he would own these buildings in the two L
projects. tie stated that he planned on at least 10 years ownership. Mr.
Nesbitt said that he felt that unless there is good maintenance the project
wou i d soon look shabby. Lie then questioned the Manager if the Village could f
have any control over this; the Manager replied that they could �oy adopting
an ordinance demanding inspections on single as weil as multiple dwellings.
Council Meeting
November 14, 1972
Page Two
Mrs. Meyers questioned whether the Council was voting on the whole project
at this time, the Manager replied that they were. She noted that she had
discussed the Convenience Center with both Mr. Putnam and Mr. Peterson and
she was stilt not convinced that it was a good project. She then read a
list of her thoughts and ideas in a short review. Mr. Peterson stated that x
he felt that it is a major intersection with a good controlled entrance. He
stated further that the only other use would be another apartment complex
but felt that this was a much better use of the property. He also felt that
the pedestrian paths coming from King 's Forest and Forest Knolls would serve
this center well . Mr. McCulloch said that lie still felt that the Village
does not have adequate fire protection equipment to serve this project and
wouid not have for a couple of years. Mr. Peterson noted that requirements
for fire protection in the buildings had been upgraded.
There being no further questions and/or comments, Mr. Cosmano closed the
hearing and made a motion to rezone the north and south sites of Shadow
Green from District Rural to RM 2.5. Mr. Nesbitt seconded. Messrs Redpath,
Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Motion
carr i ed.
A motion was made by Mr. Cosmano to rezone the Convenience Center from
District Rural to C-Commercial . Mr. Nesbitt seconded. Messrs Redpath,
Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Motion
carried.
A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance
No. 192 rezoning the north and south sites of Shadow Green and the first
reading of Ordinance No. 194 rezoning the Convenience Center. Mr. Cosmano
seconded. Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye.
Mrs. Meyers voted no. Motion carried.
A motion was made by Mr. Cosmano to adopt Resolution No. 607 approving
Preliminary Plat of Shadow Green. Mr. Nesbitt seconded. On roll call ,
Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers
voted no. Motion carried.
IV. PETITIONS, REQUESTS 1s COMMUNICATIONS
A. Letter from Howard, Needles, Tammen & Dergendoff. Set Meeting Date.
A motion was made by Mr. Nesbitt to set November 20th for a meeting date
with the Council , Planning Commission, Park and Recreation Commission
with Howard, Needles, etas at 7 p.m. at Village Hall . Mr. Cosmano seconded.
All voted aye. Motion carried.
S. Letter from G. M. Carter, Jr., Concerning Issurance of Liquor License
Requested by The Preserve,
C. Letter from Donald R.PPeterson Urging_Adoetion of Liquor Control
_ Ordinance and Issuance of Liquor License.
A motion was made by Mrs. Meyers to receive and file a letter from The
Preserve dated November Sth and one from Eden Land Corp. dated November
Sth. Mr. Cosmano seconded. All voted aye. Motion carried.
Counci 1 Mee'ting
November 14, 1972
Page Three
D. Letter from G. M. Carter, Jr. RequestinSL Extension of Trunk Sewer
to Property 'South of Amsden Road 'and West of Courts Road
E. Letter from Robert W. Hanson Concerning Sewer and hater Service to
Rosemount, Inc.
Letters from T. M. Carter, Jr. and Robert W. Hanson requesting utilities
were received and filed.
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F. Duck Lake Area Utilities.
A petition was presented by Jeffrey K. Sundell , Boyd Avenue in regard to
requests to the contractor for completion of work in the Duck Lake area.
Dave Husby, Rieke Caroll Muller and Associates, consultants on the project
reviewed the problems that have been encountered in installing these
utilities. He related that work would be completed by December 1st, the
contracted date. All of the pipe would be in the ground and blacktopping
would be completed on all roads. The Manager said that approximately SOM
yards of rock had been hauled into the difficult areas adding several
thousand dollars to the cost.
V. RESOLUTIONS AND ORDINANCES
,. A. Resolution No. 608 Authorizing Sale of $2,500,000 G.O. Water and
Sever Bonds.
Upon Robert Ehler's recommendation, a motion was made by Mr. Nesbitt to
adopt Resolution No. 608 authorizing the sale of $2, 500,000 G.O. Water and
Sewer Bonds to Banc Northwest for $2,460, i25 net price, 5.0921 net interest
rate. Mrs. Meyers seconded. On roll call , all voted aye. Motion carried.
B. Ordinance No. 186. Tree Diseases Ordinance. First Reading.
Marty Jessen, Director of Parks & Recreation reviewed the proposed Tree
Disease Ordinance which provides the Village with the safeguards and pro-
cedures for an effective program of tree maintenance in Eden Prairie.
Mr. Nesbitt and Mayor Redpath both still question the advisability of trans-
porting diseased trees within the Village to the landfill . Mr. Wesbitt feels
that the Pollution Control Agency should be consulted in regard to getting
permission to burn diseased trees. The Council requested the Manager to make
formal request to the PCA in regard to this matter. The first reading of
Ordinance No. 186 was postponed to the November lath meeting.
C. Ordinance No. 182- Second Readig Edenvale 5th Addition.
Reclassification from District Rural to District RM 6.5.
A motion was made by Mr. McCulloch adopting the second reading of Ordinance
No. 109 and order published. Mr. Cosmano seconded. All voted eye-unanimous-
ly. -Motion carried.
Council Meeting
November 14, 1972
Page Four
D. Ordinance No. 191 . Second Reading. Reclassification of Hirsch
Development Corp., The Preserve from District Rural to District RM 2. 5.
A motion was made by Mr. Nesbitt adopting the second reading of Ordinance
No. 191 and order published. Mrs. Meyers seconded. All voted aye unanimous-
ly. Motion carried.
VI. REPORTS OF OFFICERS BOARDS AND COMMISSIONS,
A. Village Manager' s Report:
1 . Request of Hennepin County Highway Department for Plat Approval
County Road 62 and Shady Oat: Road. Resol uti on'No. 609.
The Manager reviewed the request by the Hennepin County llighway Department
for plat approval of purchased land for the construction of Crosstown
Highway (No. 62) which is remaining after the Crosstown was completed.
A motion was made by Mrs. Meyers to adopt Resolution No. 609, plat approval
for Tract A, RL S. Mr, Nesbitt seconded. All voted aye. Motion carried.
2. Final Plat A p,roval . Atherton 1st Addition, New Town. Resolution
R 10. -
A motion was made by Mr. Nesbitt to adopt Resolution No. 610, Final Plat
approval for Atherton 1st Addition, New Town. Mr. Cosmano seconded. All
voted aye. Motion carried.
3. Change Order #1 . Brovin-Minneapolis Tank & Fabricating Co.
Section I, baker Road Reservoir Sanitary dater Improvement.
A motion was made by Mr. Nesbitt to approve Change Order #1 in the amount
of $708. to provide a safety cage on the outside reservoir ladder and metal
platform and balcony rail around the platform as a result of the new
Federal Occupational Safety b Health Act. Mrs. Meyers seconded. On roll
call , all voted aye. Motion carried.
4. Change Order #3. Minn-Kota, Section D Sanitary .-Sewer Improvements. l
A motion was made by Mr. Cosmano to approve Change Order #3, Minn-Kota
Section 0 in the amount of $11,004.62. Mr. Nesbitt seconded. On roll call ,
all voted aye. Motion carried. M
5. Change Order #IV-7. Orfei S Sons, Inc. , ToQview Sanitary Sewer
and 'Dater Improvements.
This item was postponed until the November 20th meeting.
6. Change Order #1. McDonald & Associates, Inc;. , 14TR 71 -8-29 Trunk
Water Mains.
A motion was made by Mrs. Meyers to approve Change Order #1, McDonald &
Associates, Inc. for trunk water mains UTR 71 -8-299 Mr. Cosmano seconded.
On roil call , 611 voted aye. Motion carried.
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Council Meeting
November 14, 1972
Page Five
7. ?hase II Joint School/Village School Site Study. Donald Rippel.
A motion was made by Mrs. Meyers to approve Phase II School Site Study
with Donald Rippel in the amount of $2,500 to be equally shared by the
Village and School District. Mr. Cosmano seconded. On roll call, all
voted aye. Motion carried.
B. Village Attorney's Report:
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1 . Report of Semrad-Eggan vs. Village of Eden Prairie Court Case.
11arlan "erbix, Village Attorney reported that the District Court had ruled
that Ordinance No. 167 and a portion of Resolution No. 425 that pertains
to escrow deposits in the amount of $1 ,000 for on site systems not now being
served by utilities was unconstitutional . He recommended that collections
already made should be repaid and that no more be collected. He also
recommended that the Village does not appeal .
A motion was made by Mr. Nesbitt to accept the Village Attorney's reco+mten-
dat ion. Mr. Cosmano seconded. All voted aye. Motion carried.
2. Report of dater Reservoir Site Land Acquisition.
Mr. Perbix reported that he had been in contact with the attorney for
Standard Oil Co. and that it appeared favorable that land acquisition
can be made through normal procedures rather than condemnation. He
stated that he shouid�have another report for the Council in a couple of
weeks.
C. Village Clerk's Report:
1 . Village Clerk's Recommended License Application List Dated
Klovernber 14, 1972.
A motion was made by Mr. Nesbitt to approve License Applications as
follows:
GAS FITTER
Dependable Plumbing, Inc. - Loren L. Brown
Mill City Heating S Air Conditioning Co. - Wm. H. Stevenson
S E!/E R
Morris Plumbing €, fleeting, Inc. - Daniel R. Morris
!►est Suburban Utility Construction - Jack 0. Van Remortel
Mr. Cosmano seconded. All voted aye. Motion carried.
0 Director of Parks & Recreation Reports:
1 . Holasek -Option Extension.
A motion was made by Mrs. Meyers to extend the optioh on the f]olasek prop-
erty until the •LAWCOM application is approved through December 1, 1972 with
no additional Cost and place on the agenda of Novemb'r 20th exercising the
option. Mr. Cosmano seconded. All voted aye. Motion carried. '
Council Meeting
November lit, 1972
Page Six
2. Les Cl acklock Property, Anderson Lakes for Park Purposes.
Taking of Option.
Marty Jessen, nark & Recreation Director reviewed the Les Blacklock prop-
erty on Anderson Lakes. It is located south of the North Anderson Lake off
of Timber Trail on approximately i5 acres of rolling wooded land with approx-
imately 3,000 feet of lakeshore. It is proposed to be used as public open
space, a part of the 300 acre major community park site at the Anderson Lakes.
The appraised value is .582,080 for 13.68 acres of land. Mr. Nesbitt stated
that he felt that the appraisal was too high and chat perhaps another should
be taken.
A motion was made by Mr. Cosmano to take an option in the amount of $1 ,000
on the Les Glackiock Property extending to March 15, 1973• Mr. Redpath
seconded. On roll call , Messrs Redpath and Cosmano and Mrs. Meyers voted
aye. Mr. McCulloch and Mr. Nesbitt voted no. Motion carried.
3. Mayne Grown Property, Anderson Lakes for Park Purposes.
Takinq of Option.
Marty Jessen, Park & Recreation Director reviewed the Mayne Brown property
on Anderson Lakes. It is located east of South Anderson Lake along County
Road 10 on approximately 7.5 acres of gently rolling, partial wooded land
with 1 ,230 feet of frontage on County Road 10. The area includes the house,
garage and barn. It is proposed to be used as public open space, a part of
the 300 acre major community park site at the Anderson Lakes. The appraised
value is $90,550 for 7.5 acres and improvements.
Mrs. Meyers made a motion to take an option on the Wayne Brown property in
the amount of $5,000 to extend to January 5, 1973. Mr. Cosmano seconded.
On roll call , Messrs Redpath and Cosmano and Mrs. Meyers voted aye. Mr.
McCulloch and Mr. Nesbitt voted no. Motion carried. e
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VII. FINANCES
A. Cash and Investment Report.
A motion was made by Mr. Nesbitt to accept the Cash & Investment Report
dated November 14, 1972. Mr. Cosmano seconded. All voted aye. Motion
carried.
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0. Payment of Claims.
A motion was made by Mrs. Meyers to approve claims 11035 through 11209 for
payment. Mr. Nesbitt seconded. On roll call, all voted aye. Motion
carried.
/ Meeting adjourned at 12:35 a. m.
Edna M. Holmgren, CleA