City Council - 12/12/1972 - Village Meeting MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, December 12, 1972 7: 30 P.M. , Village Hall
members present were: Mayor Paul R. Redpath, Councilmen Nesbitt,
Cosmano and McCulloch and Councilwoman Joan Meyers. Also present
was Village Manager, Robert P. Heinrich, Village Attorney W. Harlan
Perbix and Clerk, Edna M. Holmgren.
I. MINUTES OF REGULAR FETING HELD NOVEMBER 28, 1972.
A motion was made by Mrs. Meyers to approve the minutes of November
28th as published. Yx. Cosmano seconded. All voted aye. Motion
carried.
II. PUBLIC HEARINGS
A. Ecklund 8--Swedlund, P.U.D. - Hidden Ponds - Resolution No. 617.
Reclassification Rural District to Rl 13.5 - Ordinance No. 196,
First Reading. Prelimingza Plat Approval - Resolution No. 613.
The Village Manager reviewed the proposed Ecklund & Swedlund Hidden
Ponds Development. It is proposed for 150 acres of land to be dev-
eloped as public open space, quasi-public open space, Rl 1.3.5 single
family lots. Preliminary Plat approval is being requested for the
1st Addition yet this year, plans for the 2nd addition are for next
` spring and the 3rd addition sometime during the summer of 1973. Mr.
Heinrich then reviewed page 4 of the Planning Staff Report dated
December 5, 1972. The overall concept plan indicates agreement with
the uses proposed and the idea, of preservation of the lowland wooded
areas. Approval of the concept plan does not approve the exact align-
ment of streets nor the platting of lots. These alignments will be
determined as each phase is developed. The lst Phase, 43.7 acres in
area does respond to the changes requested by the Park & Recreation
Commission and the Planning Staff. The 60 foot right-of-way along
the southerly boundary of the lst Phase will be utilized for the
extension of Valley View Road for a proposed east/west collector
street. Likewise, the platting of Outlot 3 leaves the opportunity
for alignment if necessary of the north/south street in the future.
It is anticipated that most of the lots would utilize Duck Lake Trail.
Tile construction of three ponds indicated and public quasi-public
trails will be at the developer' s expense. He noted that many of the
lots are on cul-de-sac streets and the lots not on cul-de-sac streets
are on curved streets of short length. Dick Knutson, McCombs-Knutson
Associates also reviewed the plat plans for the Council. He stated
that Ecklund & Swedlund was Jujt requesting preliminary plat approval
at this time in order to get financial backing instigated. Mrs. Meyers
questioned the street opening .,on buck Lake Trail instead of on the
'o " east/.west collector. Mr. Staedlund replied that the route was an
unlmoim factor as of riow and that he felt that Phase I would not
create a traffic problem. Mr. McCulloch questioned where the utilit-
ies would connect, Mr. Heinrich stated that it would not create a
problem, that they would come from Duck Lake Trail. Mr. Loren Irvine,
Lotus View Drive stated that he was concerned about plans :for utilit-
ies in Phase III of Hidden Ponds. lie stated that he had purchased
property in the area and needed an answer. The Manager stated that
Council Meeting
December 12, 1972
Page Two
there were no plans for the area but that a special meeting was being
held on December 18th to discuss the whole Huck Lake Area and utility
Plans would be taken into consideration on land use plans for the r
entire area. 1%2r. Irvine also stated that he was concerned about
trail systems through his property. The Manager replied that no final
plans had been rude and that this would be another item discussed
at this area wide meeting on the 18th. Mrs. Meyers questioned what
were the plans beyond a dead end street in Phase I. Mr. Knutson
replied that they had been requested by the Village Planner to lay out
the general area in September and that it had been done. The Manager
stated that he will get a report to the Council on sewer and water
projections at their December 26th meeting. The Manager informed the
Council that the Planning & Zoning and Park & Recreation Commissions
had approved the PUD with pending amendments in regard to Village road
alignments and park areas.
'There being no further questions and/or comments Mr. Nesbitt made a
motion to close the hearing and adopt Resolution No. 617 approving
the Hidden Ponds PUD Concept Plan with pending amendments. Mr.
McCulloch seconded. All voted aye. Motion carried.
A motion was made by Mr. Cosmano to adopt the first reading of Ord-
finance No. 196 reclassifying from Rural District to R1 13.5 pending
recommended changes from the Planning & Zoning Commission. Mr. Nesbitt
C seconded. All voted aye. Motion carried.
A motion was made by Mr. Cosmano to adopt Resolution No. 613 approving
the Preliminary Plat of Hidden Ponds, Phase I with Planning and Zon-
ing Commission option to� amend after the December 18th meeting with
residents. Mr. Nesbitt seconded. All voted aye. Motion carried.
B. Edenvale 4th Addition. Preliminary Plat Approval, Resolution
No. �1 .
Don Peterson presented and reviewed the request for preliminary plat
approval of Edenvale 4th Addition. This plat is for land east of
Valley View/Mitchell Roads intersection of 56-62 acres encompassing
four land uses; C-Comm-Community 'Commercial; M3 - Multiple Residen-
tial at a maximum density of 22.6 on 23.18 acres; public parkland on
Outlot A, 2.34 acres; Outlot B portions of which are public parkway
along Purgatory Creek and the remainder near Mitchell Road is C-Comm.
and the rights-of-way for Valley View and Mitchell Road. Outlot B
along Purgatory Creek will be divided into two lots; the westerly
lot along Mitchell Road would have access from Mitchell near the
Creek and is being considered for a dental medical Wilding and the
#eastern part of 4utlot. B would be open space. from! the' Creep .tq Lot_,1.
boundary.
After discussion with Mr. Peterson and the Council, Mr. Nesbitt made
a motion to close 'the hearing land adopt Resolution No.* 618 approving
the preliminary plat of Edenvale 4th Addition. Mrs. Meyers seconded.
IL11 voted aye. Motion carried.
Council Meeting
December 12, 1972
Page Three
III. PETITIONS, RE-QVESTS & COMMUNICATIONS
A. Request of Minnesota Department of Highways for Sewer and Water
Service to Proposed Minnesota Maintenance StorgZe Building.
A motion was made by Mir. Nesbitt to receive and file the request for
sewer and water utilities to the proposed Minnesota Maintenance Stor-
age Building. Mr. Cosmano seconded. All voted aye. Motion carried.
B. Letter from hinnesota State Planning Agency, Office of Local C:
Urban Affairs, Concerning LA19CON Application - Bryant Lake Park.
C. Letter from Minnesota State Planning Agency, Office of Local &.
Urban Affairs, Concerning LAWCON Application - Staring Lake Park,
Phase IV.
A motion was made by Mr. Nesbitt to receive and place on file, letters
dated November 30th and December 1st from the Office of Local & Urban
Affais in regard to LAWCON applications for Bryant Lake Park and
Staring Lake Park. Mir. Cosmano seconded. All voted aye. motion
carried.
IV. RESOLUTIONS AND ORDINANCES
A. Creating Department of Public Safety, Ordinance No. 197. f
First Reading.
A motion was made by Mr. McCulloch to adopt the first reading of
Ordinance No. 197. Mars. Meyers seconded. All voted aye. Motion
carried.
B. Resolution No. 614. Approving Nutual Aid Agreement for Police
Assistance.
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1. A motion was made by Ih . Nesbitt to adopt Resolution No. 614
approving Mutual Aid for Police Assistance authorizing the Mayor s
and Manager to sign the agreement. Mr. Cosmano seeonded. All voted
aye. Motion carried.
2. A motion was made b Mr. Nesbitt that the Village designate
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the Village Manager and the Director of Public Safety as responding
and requesting officials with regard to Resolution No. 614. Mr.
Cosmano seconded. All voted aye. Motion carried, y
C. Resolution No. 615. Authorizing the Acquisition, Construction
and Leasing of a Project Under the Minnesota Munfeina.l Industrial
Development Aft qnd the -Sale and rssuance' of -Industrial Develop-
ment Revenue Bonds to Finance the Project, Secured by a 'Pledge
and Assignment of the Revenues Thereof and a Mortgage of the
Project to a Trustee.
A motion was made by Mx% McCulloch to adopt Resolution No. 615. Mrs.
Meyers seconded. On roll call, all voted aye.- Motion ciaxrled.
Co,-xncil Meeting
December 12, 1972
Page Four
D. Ordinance No. 178. Second Reading. Landsca_ Ze Ordinance.
A motion was made by Mrs. N:eyers to adopt the second reading of
Ordinance No. 173 and order published with the following correction:
Section I (c) The provision of this section shall apply to all r
zoning districts vith the exception of R1 single family.
y
With this correction, Mr. Cosmano seconded. All voted aye. Motion s
carried.
E. Ordinance No. 1.95. Second Reading. Repealing Ordinance No. 167.
Creating an Escrow Account for Construction of Sanitary Setaer
Laterals.
A motion was made by Nor. Cosmano to adopt the second reading of
Ordinance No. 195 and order published. Mrs. Meyers seconded. All
voted aye. Motion carried.
F. Ordinance No. 198. First Reading. Regulating and Licensing
Scavengers, Requiring Permits and Imposing Penalty.
A motion was made by Mrs. Meyers to adopt the first reading of
Ordinance No. 198 as corrected. Mr. McCulloch seconded. All voted
aye. Motion carried.
G. Ordinance No. 199. First Reading. Amending Ordinance No. 34,
Individual Sewage Systems and Installers.
A motion was made by Mrs. Meyers to adopt the first reading of
Ordinance No. 199 as amended. Mr. Nesbitt seconded. All voted aye.
Motion carried.
H. Ordinance No. 200. First Reading. Amending Ordinance No. 156,
Licensing Contractors of 1 and 2 Family Ihfellings.
A motion was made-by Air. Cosmano to adopt the first reading of
(Ardinance No. 200 frith amendments. Mrs. Meyers seconded: All voted
Aye. Motion carried.
I. Ordinance No. 201, First Reading. AmendiEZ Ordinance No. 157.
Water Softening and Filtering.
A motion was made by Mrs. Meyers to adopt the first reacting of
Ordinance No. 201 as amended. Mr. Nesbitt seconded. All voted aye.
Motion carried.
Or3inances No. 198, 199, 200 and 201 are being amended'by the
Village Attorney for second readings on December 26th.
Council meeting
December 12, 1972
Page rive
V. REPORTS OF OFFICERS, BOARDS AND COMM1ISSIONS
A. Mayor's Report
1. Notice of December Dimmer Meeting, Hennepin County League of
Iviunici_palitites with State Legislators on December 14, 1972.
The Mayor discussed the meeting scheduled for December 14th.
B. Clerk's Re-port
1. Village Clerk' s recommended License Application List Dated
December 12, 1E2.
A motion was made by Mr. Nesbitt to approve the license application
list dated December 12th as follows:
PLUMBING 1, 72/73
D.L.B. Plumbing Co. - David L. Bromley
National Plumbing & Beating Corp. - Frank Hochstien
Key Plumbing, Inc. - David L. Farr
Vildnb Ple-chanical. A. A. Wendel
Robert's Plumbing - Robert J. Statt
CIGARETTE 1973 '
Gummow Vending.Co. - Cedar Hills Golf - William C. Gummow x
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COMERCIAL I{ENNEL 1973
Kingdale Kennels, Inc. - Jerry Carnes
PRIVATE KE M 1973
Clayton W. Brace, 9140 W. Staring Lane
BEER OFF SALE & CIGARETTE 1973
Eden Prairie Grocery - Haalwn J. Nyhemmer
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BEER ON W- OFF SALE 1973
Eden Prairie Legion Assoc. - Cedric L. Warren
BEER ON R. OFF SAID g. CIGARETTES 1973
Dutch' s Resort - Kenneth Schaitberger
ScIuaidt' s Produce - A. F. Schmidt
The Wye Cafe - Jesse J. Schwartz
Donn & Margies - Donn F. Schmidel
Lyons Tap •- Sears Lyons
BEER ON 1973
Olympic Hills Golf - Donald J. McGlynn
11 s. Meyers seconded. All voted aye. Motion. carried.
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Council Meeting w'
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December 12, 1972 #
Page Six
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C. Nanagert J 1\e ol.or ti^J
1. Authorize Contract frith Iioward, Needles, Tarrmen
Berg endoff -to Design Major Center Ring Route from
Highway 5 Southerly and Then Northeasterly_ to
Highway 1692
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The Manager asked that this matter be tabled to the December
26th meeting. {
2. Change Order yt. Peter Lametti Construction Co.
Sewer and Watermain Improvements Along Westgate
Boy.ilevGrd.
/! motion was made by Nn s. i,ieyers to approve Chafe Order '%
for Peter Lametti Construction Co. in the amount of $4,683.11.
Mr. Cosmano seconded. On roll call, all voted aye. Motion
carried.
3. Change Order ,Ill. Lametti w Sons. Mitchell Heights Sub-
Trunk Sanitary Set-Ter. Pile Dents to be Installed as Per
Request of Metropolitan Sewer Board.
A motion was made by Mr. Cosmano to approve Change Order 4:1, Lametti
&. Sons in the amount of $880. Mrs. Meyers seconded. On roll call,
all voted acre. Motion carried.
4. Change Order Jet. McCrossan, Inc. Mitchell--Baker Road
Improvement. Install Storm Sewer Pine as Per Request of
Eden Land Corporation.
A motion was made by Mrs. Meyers to approve Change Order JA1, C. S.
McCrossan in the amount of $1,427. W. Nesbitt seconded. On roll
call, all voted aye. Motion carried.
5. Change Order 1M. Northern Contracting Co. Ning Mile One
Trunk Sanitary Sewer. Topsoil and Seed on South Slope of
I7. th Street North of Forest Hills School.
A motion Bras made by Mr. :,IcCulloch to table this item until the
December 26th meeting. Mr. Nesbitt seconded. All voted eye.
Motion carried.
6. Change Order r7. Orfei & Sons. Top_view Sanitary Sewer
and. Watermain (Lateral) , Changes in Sewer and Water
Service Size and Location as per- Request of Howsra Kaen-rer,
Resident.
This item was tabled until the December 26tYi meetir for more
information.
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Council Iieeting
December 12, 1972
Page Six
C. Manager's Re•aorts
1. Authorize Contract with Howard, Needles, Tarn en £
Bergendoff to Design Major Center Ring Route from
Highway 5 Southerly, and Then Northeasterly to
Highway 169.
The Manager asked that this matter be tabled to the December
26th meeting.
2. Change Order ,{l. Peter Lametti Construction Co.
Sewer and Watermain Improvements Along Westgate
Boulevard.
A motion was made by N,rs. Heyers to approve Change Order 7,t
for Peter Lametti Construction Co. in the amount of $41,603.11.
Mr. Cosmano seconded. On roll call, all voted aye. Motion
carried.
3. Change Order mil. Lametti &. Sons. Mitchell Heights Sub-
Trunk Sanitary Sewer. Pile Bents to be Installe3 as Per
Reauest of Metropolitan Sewer Board.
A motion was made by Mr. Cosmano to approve Change Order 741, Lametti
& Sons in the amount of $880. Mks. Meyers seconded. On roll call,
all voted aye. Motion carried.
4. Change Order Jrl. McCrossan, Inc. Mitchell-Baker Road a
Imurovement. Install Storm Sewer Pipe as Per Request of
Eden Land Corporation.
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A motion was made by Mrs. Meyers to approve Change Order #1, C. S.
McCrossan in the amount of $1,427. Mr. Nesbitt seconded. On roll
call, all voted aye. Motion carried.
5. Change Order 6. Northern ContractipB Co. Nine Mile One
Trunk SanitarjSewe-r. To-osoil and Seed on South Slope of
11. 66th Street North of Forest Hills School.
A motion was made by Mr. McCulloch to table this item until the
December 26th meeting. Mr. Nesbitt seconded. All voted aye.
Motion carried.
6. Change Order r7. Orfei & Sons. Topview Sanitary Sewer
mid Watermain ZLateral , Changes in Sewer and Water
Service Size and .Location as per Request of Howard Kaerwer.,.
Resident.
This item was tabled until the December 26th meeting for more
information.
Council Meeting
December 12, 19'12
Page Seven
7. Baker Road Reservoir Site Purchase. Resolution No. 616.
Authorize the Mayor and tianager to Sign the Purchase 3
Agreement.
A motion was made by Mr. McCulloch to adopt Resolution No. 616
authorizing the Mayor and Manager to sign the Purchase Agreement
with American Oil Co. in the amount of Y9,500 for the Baker Road
Reservoir Site. Mrs. Heyers seconded. On roll call, all voted
aye. Motion carried.
V2. FINANCES
s
A. Report on Impact of Waste Water Treatment Grant Change.
The Manager reviewed the report dated December 5th from John Franey
Finance Director. The original grant f+anding the Water Treatment
Plant provided for a federal share of $89,370 and a State share of
4p40,625 for a total grant of $129,995. The change to a 75% Federal
grant and no state participation brings a loss to the Village in the
amount of $8,vI20.
B. Payment of Claims No. 11221 ihroxkgh aM3 and No. 1001 through
1139•
A motion was made by Mrs. Meyers to approve claims 11221 through
11273 and 1001 through 1139 for payment. lair. Cosmano seconded.
On roll cell, all voted aye. Motion carried..
C. Cash & Investment Report.
A motion was made by Mrs. Meyers to accept and place on file the
Cash & Investment Report dated December 12, 1972. Mr. Cosmano
seconded. All voted aye. Motion carried.
Meeting adjourned at 10:50 P.M.
Edna M. Holmgren, Glut
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