City Council - 03/27/1973 - Village Meeting MINUTES
EDEN PRAIRIE VILLAGE COUMCIL
Tuesday, March 27, 1973 7:30 P.M., Village Hall
COUNCIL flEIZERS: Mayor Paul Redpath, Councilmen John IlcCulloch,
Wolfgang Penzel and Roger Coerger and Councilwoman,
Joan Heyers.
COUNCIL STAFF: Village Manager, Robert P. Heinrich, Village Attorney A
Keith Sinons and Clerk, Edna 11. Holmgren.
I. MINUTES OF REGULAR MEETING HELD MARCH 13, 1973.
A motion was made by Mr. Penzel to approve the minutes of ftarch 13th
with the following correction:
Reports of Officers, Boards & Cotmnissions: (A) , Page 4. flr. Redpath
reported that in the near future the Hennepin County League might be
disbanded and efforts, etc.
With this correction Mr. Boerger seconded. All voted aye. Motion
carried.
II . PRESENTATION OF CONTRIGUTI0H FROti EDEN PRAIRIE. JAYCEES. Door Decals and
Uniform Patches for PuSlic Safety Department.
Mr. Gerald Vielenberg, Jaycees President, presented a check to the
Public Safety Director in the amount of $300 to be used for door
decals and uniform patches. Pictures were taken of the presentation
with the Jaycees and Public Safety Dept. members. The flavor thanked
Mr. tlielenberg on behalf of the Council for their interest in the
Public Safety Department. r
III. PUBLIC HEARINGS: `
A. Public Hearing on Housing Task Force Report. Presented by f?rs.
Sonja Anderson.
firs. Anderson presented the Housing Task Force Report and a proposal
to hold a meeting with residents in Eden Prairie at the Prairie View
School or some other location in one of the schools. She suggested .
that a mailing be sent to all residents, locations set for them to
pick up copies of the Housing Task Force Report, possibly through the
schools. She noted that perhaps slides and group discussions could
be used at the meeting.
Mrs. Meyers suggested that members of the Housing Task Force reactivate
public development because of the Federal subsidy stoppage. The flayor
stated that he would like to see adoption of a Housing Policy for Eden
Prairie. Mr. [icCulloch commented that he was not satisfied with the
report, he felt that there was too much of it devoted to subsidized
housing. The Manager suggested flay 3rd as a possible date for the
meeting and advised the Task Force to contact service clubs, etc. in
the community as well as residents.
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Page 2
A motion was Wade by f1r. Penzel to set May 3rd as a meeting date at
either the Eden Prairie High School cafetorium or the Prairie View►
School . The staff was instructed to publicize through service clubs,
mailings, etc. Mr. Boerger seconded. All voted aye. Motion carried.
B. Hill Creek. Hustad Development Corporation. PUD Concept Plan.
eso utian Jo. 668. t Reading, Ordinance flo. 14. Reclassification
from District Rural to RN . Preliminary Plat ApprZTval , First PLase,
Resolution No.
Village Planner, Dick Putnam and Hill Bonner, Hustad Development Company
reviewed and presented the Hill Creek proposal . The project is located
in southeastern Eden Prairie in the area identified as the Bluffs West
Sector. Hr. Bonner reviewred the concept plan for the 32 acre site
southeasterly of Homettard Hills Road and County Road #1 . Preliminary
plans for a small commercial area at the intersection of these tYlo roads
are not included in the plan at this time. 65 townhouse units are pro-
posed with 16 units in the first phase.
Firs. Meyers asked when the engineering problem in regard to curb and
gutters would be resolved, Fir. Putnam replied that it would be before
the final plat is approved.
M fir. McCulloch commended Village Engineer, Carl Jullie for his reports
submitted to the Council on this project.
1 . A motion was made by Mrs. Meyers to close the hearing and
adopt Resolution No. 668 approving the PUD Concept Plan for
Hill Creek with Planning and Zoning recommendations I through
4 of flarch 6, 1973. Mr. Penzel seconded. All voted aye.
Hloti on carried.
2. A motion was made by Mr. Penzel to adopt the first reading of
Ordinance No. 214 approving reclassification from District
Rural to Rf-1 6.5 for 12 acre parcel of land with Planning
Commission recommendations 1 through 4 and satisfactory
settlement of engineering problems with Village Engineer.
fir. Boerger seconded. All voted aye. Motion carried.
3. A motion was made by Mrs. tleyers to adopt Resolution Flo. 669,
preliminary plat approval, Ffill Creek, 1st Phase Cluster, 13
units. Mr. Penzel seconded. All voted aye. motion carried.
C. Eden Land Corporation. Zachrian Nomes, Edenvale 7th Addition.
A motion was made by Mr. Penzel to set April 10, 1973 at 7:30 pemeq
as a hearing date for Zachman Homes, Edenvale 7th Addition. r:r.
Boerger seconded. All voted aye. Hotion carried.
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March 27, 1973
Page 3
IV. RESOLUTIONS & ORDINANCES
A. Second Reading, Ordinance ffo. 211 . Creating Establishing Fire_
7_ones.
A motion was rude by Fr. Penzel to adopt the second reading of Ordinance
No. 211 and order published. Mrs. revers seconded. All voted aye.
Motion carried.
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B. Second Reading, Ordinance No. 212. amending Ordinance No. 43.
Hel I s.
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A motion was made by fir. Boerger to adopt the second reading of
Ordinance No. 212 and order published. firs. fieyers seconded. Al I voted
aye. (lotion carried.
C. Second Reading, Ordinance No. 202. Licensing and Regula.tinn the
Use anc3 Sale of ntoxi cat nci i guor.
A motion was made by fir. Penzel to adopt the second reading of Ordinance
No. 202 and order published with the following addition:
Page 9, Subd. 7. At the time of each o"iginal application for
a license or application for a change in ownership or
control of corporation, except in the case of, etc.
With this addition, fir. McCulloch seconded. All voted aye unanimously.
Motion carried.
A motion was made by flr. Penzel to establish the policy that no action
will be taken on licenses to be issued until 120 days after publication
of Ordinance fro. 202. firs, Meyers seconded. All voted aye. Motion
carried.
A. Resolution No. 667. fmuestinc
.j Minnesota State Leqislature to
Adopt e s ation Author• z nq Rent urserrent to fluniciEa:lities
of Costs Incurred in Relocating Utilities on All State Trunk
g ways.
A motion was made by Mr. McCulloch to adopt Resolution No. 667. firs.
f4eyers seconded. All voted aye. Motion carried.
E. Resolution No. 670. Re uestinq the State of Minnesota and Hennepin
tounty to Reduce t e Sp;Sp;ed Limit on Countv 16—ad #4 to 40 Miles per t
Hour and Frovidjnqa Blinking .arm n Light at the Intersection of
County Rcad #4 and Vallev View Road.
A motion was made by firs. fleyers to adopt Resolution No. 670. Mr.
(McCulloch seconded. All voted aye. Motion carried.
F. Resolution No. 671 . Informing Homart Oevelo ment Com any of the
Village of Eden Prai rie s Intention to Provide Utilities and Roads
to the Propose _Regional Shopninq Center.
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March 27, 1973
Page 4
A motion was made by Mir. Penzel to adopt Resolution No. 671 .
Mrs. Meyers seconded. All vote aye. notion carried.
G. Resolution flo. 672. Increasingthe Compensation of the
Village Ranager $7S p-e—F-Tonth Basedupon Review of his
Performance After a Period of Six Flonths Accorclingto 4
the Original Hirinq Agreement._
A motion was made by Mrs. Meyers to adopt Resolution flo. 672.
fir. Boerger seconded. On roll call , all voted aye. flotion
carried.
H. Resolution No. 673. Authorizing flavor and Village Manager
to nter into an reeem_ent to c uire proximate v res
of LandAdjacent to and Hest of Prairie View School for ParlF
urposes in an mount not to Exceed $22,50-. ;
A motion was made by fir. VcCulloch to adopt Resolution No. 673.
fir. Penzel seconded. On roll call , all voted aye. notion carried.
V. PETITIONS, REQUESTS A CONNUMICATIONS
A. D. H. Gustafson « Associates, Inc. RegResting Storm Sewer
Extension to St. JohnIs flood.
A motion was rude by Mrs. fleyers to receive the letter dated
(larch 15, 1973 requesting storm server extension for St. John's
Mood and order feasibility study, Mr. Penzel seconded, All voted
aye. notion carried.
B. Petition Received from Residents of Barberry Lane Padon Drive
ana Peterborg Five Requesting FeasibilityStudy and a Public
Hearing or the Purpose_of Detervilnin t o Cost of Pav n
Their Street.
A motion was made by flirs. fleyers to receive the petition from
residents on Padon Drive, Barberry Lane, and Peterborg Drive, order
a feasibiiity report and set April 24, 1973 as a hearing date for
the street paving project, for. Penzel seconded. Notion carried.
C. Letter Dated (larch 15. 1973 from Minnesota Highway Deportment in
Reference to State Highway Department's Partic —ation on the
ing Route and Improvem.ents to T.M. MZ]Z,,
Discussion was held in reqard to this problem, the Vi 1 l arfe flanager
stated that he had done about as far as he could administratively,
the flayor suggested that the Village draft a bill to present to the
legislature so Eden Prairie can get help. He offered to set up a meet-
ing in the Governor's office with Council approval. The Village
Manager stated that he was meeting with the Highway Department soon.
No action was taken.
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March 27, 1973
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VI. REPORTS OF OFFICERS, ROAMS & CO;NMISSIMIS
A. Report of Public Safety Director & Fire Chief. Annual Report of
Eden Prairie Volunteer Fire Department.
Public Safety Director, Jack Hacking reviewed his first report on the q
Fire Department. tie commended Asst. Chief, Gene Jacobson for conducting
training sessions in the community, reviewed projects the department
would like to consider in the future and thanked both Chief, Ray Mitchell
and Asst. Chief Gene Jacobson for their past year's service. Ray Mitchell
then read the annual report of the Department and asked the Council to
make sure when plans are reviewed in multiple units that adequate streets,
exits and entrances are provided for the fire equipment. Nayor Redpath
thanked him on behalf of the Council for the excellent service provided
by the Eden Prairie Fire Department.
B. Report of Finance Director. Progress of LOGIS.
John frane, Finance Director reviewed the background of LOGIS,
Local Government Information System, the progress to date and
what to expect next. He stated that one of the LOGIS municipalities
f will begin using the system for payroll about the middle of this
' ^ year on a pilot basis. The Village of Eden Prairie will then begin
training personnel in the use of the system. Ile then stated that
after bids are received, evaluated and contracts for computers and
systems are awarded and installed, each municipality will be in a
position to automate payroll, utility billing and general ledger
procedures as rapidly as it is able.
C. Reports of Village Attorney.
2. Proposed Metropolitan Rate Authority to Regulate N.S.P.
Electric Service in the Metropolitan Area.
Village Attorney, Keith Simons reviewed the Concept Plan in the
7 meetro areas to regulate if.S.P. electric service rates similar
to Minneapolis Gas Co. Village flanager, Mr. Heinrich recommended
this plan.
A motion was made by fir. Penzel to approve the Manager's recommendation
to accept the concept plan, N.S.P. electric service rates. Mr. Redpath
seconded. All voted aye. Motion carried.
2. Trunk Sewer Assessment Appeal to the District Court b 11r. Karl
H. Krah .
f Village Attorney, Keith Simons reviewed the Notice of Appeal - Special
Assessments by Mr. Karl H. Krahl . No action was needed.
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March 27, 1973 -
Page 6
3. Crestwood Terrace. Alex Dorenkemner`s Request for Final Plat
7pprova .
A motion was nade by Mr. Boerger to direct the Village Attorney to
inform Mr. Dorenkemper to re-submit the preliminary plat of f",apl etjood
Park Estates to the Planning Commission for review and recommendation. Mr. Penzel
seconded. flessrs Penzel , Boerger, McCulloch and Redpath voted aye. r
Mrs. f'eyers voted no. Motion carried.
D. Reports of Village Engineer.
1 . Final Plat Approval for Valley Knolls Addition. Resolution tlo.
a
f
A motion was made by Mr. Penzel to adopt Resolution Ho. 674 approval
of the final plat of Va i l ey Knol 1 s Addition. fir. Boerger seconded.
All voted aye. Motion carried.
2. Final Plat Approval . High Point end Addition. Resolution
Tlo. 67
A motion was made by fir. Boerger to adopt Resolution No. 675 approving
the final plat of High Point 2nd Addition. fir. Penzel seconded. All
1► voted aye. notion carried.
3. Approval of Plans and Specifications. Extension of Trunk and
Lateral a ermains f,Ur Rosemount Engineering. eso u ion o. 676.
Projects TR - and 72-8-24.
A notion ►1as made by fir. Penzel to adopt Resolution No. 676 approving
plans and specs for projects UTR 72-8-23 and 72-8-24. Mrs. 14eyers
seconded. All voted aye. ('lotion carried.
Village Manager, i9r. Weinrich reported to the Council that Ro:.ernount, Inc.
had requested f1unicipal Bonds information.
4. Revised Traffic Signal tiaintenance Agreement with (Minnesota
Highway Highwiy De artment for Si na s at T.H.#5 and Co. Rd. .
Resolution r4o. 677.
A notion was made by Mr. Boerger to adopt resolution No. 677 amending
Cooperative Agreement No. 56449 to provide for reimbursable maintenance
on signals at T.N. #:5 and Co. Rd. #4. fir. Penzel seconded. All voted
aye. Motion carried.
5. Approval of Plans and Specifications for Im roverm°nts in the
Red Rockann ngSector. Resolution 11o. 67U.
1 . Construction of trunk waternain in Scenic Heights Road
from Mitchell ;toad Crest to Hiawatha Ave. Project 724-21 .
2. Construction of Atherton Road including necessary klater and
storm sewer lines from f li tchel i Road easterly to proposed
East/Hest Parkway. Project 72-9-17.
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COUNCIL MINUTES
(larch 27, 1973
Page 7
3. Regarding, pavinq, construction of curb and gutter and
storm sewer in the existing Kitchell (load right-of-way
from intersection of Scenic Heights Road and Kitchell
Road south to the south line of Section 15. Project
72-3-20.
A motion was made by Mrs. fleyers to adopt Resolution No. 67f: approving
plans and specifications, combing projects for bidding and ordering
advertisement for bids on April 19th at 11 o'clock a.m. with Council
consideration on April 24th at 7:30 o'clock p.m. fir. Penzel seconded.
All voted ave. f-lotion carried.
6. Authorization for Mayor and Village flanager to Enter into an
ME with Brown t e v or _asement c uesltion under
Project 7 - - ne lFle Sanitary Sevier x ens on.
eso ution TF67M.
A motion was made by fir. Penzel to adopt Resolution flo. 679 authorizing
the Mayor and Village ilanager to sign an agreement with Brown and Kelly
and instruct the flanager and Village Attorney to clarify Item 8. Mrs.
Meyers seconded. All voted aye. notion carried.
E. Reports of Director of Parks and Recreation. Purgatory Creek
pen -pace Planning to y
The Park & Recreation Director revie%ied the Purgatory Creek Open
Space Planning Study. The Manager stated that there was a lack
of contour napping in the Village, that most of what we have has
been done by the developers when plats have been submitted.
A motion was made by fir. Boerger to accept the proposal of Brauer
and Associates to perform Open Space Planning for Purgatory Creek in
the amount not to exceed $12,500 to be equally shared with Riley-
Purgatory Creek Watershed District and authorize necessary two, foot
contour base mapping of the study area in the amount not to exceed
$11 ,500. firs. Meyers seconded. On roll call , all voted aye. (lotion
carried.
F. Reports of Village i1anager.
1 . Authorization. to Flire a Landscape Architect in the Area of
Planninq and Park Deve opment at Salary in Range of 750-90n
per month.
A motion was nade by fir. Boerger to authorize the Mnager to hire a
Landscape Architect at a salary ranee of $750-900 per month. Mr. Penzel
seconded. On roll call , all voted aye. Motion carried.
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flarch 27, 1973
Page 8
2. Plaster Labor A reenent and Supplement Labor Agreement. Between
Vi acre of Eden Prairie and Internationa Union of Oner - is
Engineers, Local No. 49.
A motion was made by Firs. f"eyers approving the Labor Agreement and Supple-
mental Labor Agreement with International Union of Operating Engineers,
Local No. 49. fir. flcCuiloch seconded. All voted aye. (lotion carried.
3. Letter of Commendation Received from the Eden Prairie School
for Public Safety Officer Keith Mall .
The Flanager revi eyed a letter received from the Eden Prairie Schools
dated fiarch 15, 1973 commending Keith ►-!all for services provided the
school . He recommended placing it on file.
x.
4. Discussion of 18-169 Minnesota River Toll Bridge Authority
Proposed eggs at on.
The Manager urged the Council to attend this meeting on flarch 29th.
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The Manager informed the Co:incil that he viould be going on vacation
for three weeks, returning on April 24th.
5. (Added to Agenda) Notice to Municipalities and Townships,
District Court, Fourth u icTa District, Court File No. 690,532.
The Manager reviewed a notice to municipalities and townships of a
lawsuit pending in the Fourth Judicial District, County of Hennepin,
State of Minnesota, entitled "The City of Brooklyn Center, et al, vs.
The Metropolitan Council , et al." On October 12, ,.972, the fletropol i tan
Council adopted a resolution, which resolution approved a method of
allocating to municipalities the current costs of reserved capacity in
the metropolitan disposal system. The aforementioned lavisuit is seeking
to have that resolution declared invalid and void for numerous reasons.
No action was needed.
G. Village Clerk Report. Recommended License Application List Dated
Plarch 27, 1973.
A motion was made by Mr. Penzel to approve the Clerk's recommended
license application list date fiarch 27th. fir. Roerger seconded. All
voted aye. f'loti on carried.
VI I. FI NANCES
A. Pa-Ment_of Claims No. 1642 through 1708.
A motion was made by firs. fteyers to approve paynent of claims no. 1642
through 1708. fir. Penzel seconded. Can roll call , all voted aye. Motion
carried.
fleeting adjourned at 11 :30 P,f Z. Edna f•9. Hol rein, C e