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City Council - 04/24/1973 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, April 24, 1973 7: 30 P.M. , Village Hall COUNCIL MMABERS : Mayor Paul Redpath, Councilmen John McCulloch, Wolfgang Penzel and Roger Boerger and Councilwoman, Joan Mleyers. COUNCIL STAFF: Village Manager, Robert P. Heinrich, Village Attorney, W. Harlan Perbix and Clerk, Edna M. Holmgren. I. PRESENTATION OF STATE OF MINNESOTA NATURAL RESOURCE FUNDS IN THE AMOUNT OF 5 2 115.00 FOR BRYANT LAKE PARK. Park L Recreation Director, Marty Jessen presented a check in the amount of $5421115.00 for 1/2 of the application amount for Bryant Lake Park. s II MINUTES OF REGULAR DATING HELD APRIL 10, 1973. a A motion was made by Mr. Penzel to approve the minutes of April loth with the following correction: Page Three - Item V. (A) , Paragraph Tiro - A motion was made by Mrs. Meyers to adopt Resolution No. 688 expressing the Council's opposition to the toll bridge and state the following reasons: the timing is not right for Eden Prairie, upgrading County Road 18 is doubtful, the impact on Anderson Lakes and concern that the bill would alter the Minnesota Highway Department's ' current priority schedule for highways 41, 212 and 169. The Council delegates the Village Engineer, Carl Jullie to represent Eden Prairie on Friday, April 13th at the Capitol. Mr. Penzel seconded the motion. All voted aye. Motion carried. With this correction, Mr. McCulloch seconded. All voted aye. Notion carried. III. PUBLIC HEARINGS A. Edenvale 7th Addition "Summen-roods" Zachman Homes/Reeder. Rezoning from District Rursl to R2,i 6.5. Ordinance No.. 216First Reading. Resolution No. 681, Preliminary Plat. Dick Putnam, Village Planner and Don Peterson, Edenvale presented and reviewed the Edenvale 7th "Summerwoods" project for 26 clustered single family detached dwelling units. Mr. Putnam noted the revised street pattern, utilizing a loop street connecting the Woodland Drive and Woodhill Drive rather than the two cul-de-sac plan as originally presented with 31 lots. Mr. Peterson related that there would be 26 units with 128 parking spaces. An option of a single or double car garage would be made available. Pedestrian systems for Edenvale go along the western and southern edges of the site with a pedestrian pathway that leads down to the recreation area with tennis courts proposed and the elementary school park site as we11 as the commercial neighborhood center. ,A play area space of approximately C 200-250 square feet would be non-developed and merely left as open space and owned by the Edenvale Association. Mr. Redpath asked how this area could be protected from being fenced. Mr. Zachman replied that it could be done by covenants. ti Council Meeting April 24, 1973 Page Two P_ motion was made by Mr. Boerger to close the hearing and adopt the first reading of Ordinance No. 216 including the recommendations in the Staff Report dated April 12th and the Engineering Report dated April 12th. Mr. Penzel seconded. All voted aye. Motion carried A motion was made by Mr. Boerger to adopt Resolution No. 681, approving the preliminary plat of Edenvale 7th Addition. Er. Penzel seconded. All . voted aye. Motion carried. B. Kakach 1st Addition. Rezoning from Rural to RI 13.5. Frrst Readin , Ordinance Vo. 220. Preliminary Plat, Resolution No. 68_. The Council received a petition from 10 adjoining property owners of the Kakach lst Addition stating that they did not object to the plat as prop- osed. Dick Putnam reviewed a projected parkway from Bryant Lake Park to Birch Inland Park that could serve this project as well as many others in the future. Mr. Putnam then presented the proposed project of a single family subdivision of 9 lots west of Kurtz Lane. Lot 9 would be deleted to be used as a drainage and open space area. The grading on the site would be kept to a minimum to allow the developer to make building sites and slope gradually tovard the drainage area. Mr. Putnam felt that the platting arrangement with the short cul-de-sac is an appropriate way to design these lots. f A motion was made by Mrs. Meyers to close the hearing and adopt the first reading of Ordinance No. 220 with the recommendation by the Village Attorney to authorize the Village manager and Mayor to sign an agreement with the developer not to develop the remaining 7 lots until such time as sewer and rater are available. 14r. Boerger ceconded. All voted aye. Motion carried. !1 motion was made by Mrs. Meyers to adopt Resolution No. 686, approving the preliminary plat, Kakach lst Addition subject to the following cond- itions: 1. that Lot 9 be designated an outlot, 2. that the action of the Planning Commission dated April 3, 1973 and specifically items 1, 2, 3 & 4 are incorporated in the resolution. Mr. Boerger seconded. All voted aye. IMotion carried. C. Shelter Homes Corp. , "Eden Farms 2nd Addition" . Rezoning from Rural to _ N Plat Approval,22. First Reading, Ordinance o Resolution No. 687. Dick Putnam, Village Planner, Larry Louka, Shelter Homes Corp. and Peter Jarvis, BRW reviewed and presented the Eden Farms 2.nd Addition project of 12 single family large lots in the Eden Farms Subdivision south of County Road #4. Topography and the necessary grading; of the area, utility plans and the relationship of this plat to the surrounding area was discussed. 25 feet of land east of the development is proposed to be dedicated as well as right of way dedication for the future expansion of County Road 4. f Council Meeting I April 24, 1973 x Page Three IIxs. lieyers expressed concern about the 7% and 10% grades proposed on the plat road 'rhich could cause considerable driving problems during the winter months. Mr. Putnam. concurred that there could be some problems but that the grade at the intersection with County Road 4 should not create a hazard 'when approaching. Mr. Penzel questioned the time schedule on the construct- ion of the realignment of Duck Lake Trail. Mr. Louka stated that the date had been set foinTa.rd from 1973 to the summer of 1974. Mr. Penzel asked what assurance the Village had that this would be the actual completion date. Mr. Loulra replied that a bond could be Provided setting a date of October 1, 1974 for completion. A motion was made by Afr. Penzel to close the hearing and adopt the first reading of Ordinance No. 221. Mr. Boerger seconded. All voted aye. Motion carried. A motion was made by f r. Penzel to adopt Resolutior. No. 687 approving -the preliminary plat of Eden Farms 2nd Addition including the recommendations of the Planning Commission dated A--)ril 3, 1973 as follows: 1. Recommend to Village Council that the 12 lot single family detached subdivision proposed by Shelter Homes Corp. be rezoned from District Rural under Eden Farms PUD to RI 22 in conformance with the revised plan submitted March 30, 1973. 2. Recommend approval of the preliminary plat for the 12 lot subdivision_ �. proposed by Shelter Homes Corporation, Trith the recommendations of the Village Engineer's Report dated March 28, 1973. 3. Require the acceptable bonding for the construction of the realigned Duck Lake Trail be completed prior to construction of the single family cul-de-sac in the large lot subdiviion' s proposal to insure that such a realignment will be accomplished by October 1, 1974. Mr. Boerger seconded. All voted aye. Motion carried. IV. PETITIONS, RE-QUESTS � CO1,24UNICA.TIONS A. Petition for Storm Sewer Feasibility Study for Neill Lake Area. The Preserve, Homart Development Co. , Eden Land Corp. and Possibly Olympic Bills Golf Course. U,.)on the Manager's recommendation, It% Penzel made a motion to receive the petitions and deposits and adopt Resolution No. 693 authorizing a feasibility study for Project ST14 73-4-17. Mrs. 14eyers seconded. All voted. aye. Hotion carried. B. Petition for Street and Utilities in Round Lake Area. Lliason Builders, Inc. Reauest for Imnrovements in Proposed Round Lake Parkzray. A motion was made by I'Ir. Penzel to receive the petition from Eliason Builders `+ Inc. and adopt Resolution No. 694 authorizing a feasibility study for Proj- ects SAN 73-7-01 and WTR 73--85-02. 11rs. Meyers seconded. All voted aye. tiation carried. Council Nec tint April 24, 1973 Page Four C. Petition fo ImDro�-ements to Scenic Part. Ine _ _ ay. I+1etr Town Development, Iiap_onrements on Scenic Parkway Between Mitchell Road and Shelter Co", Property. _ A motion isas made by Mrs. Meyers to receive petition from New Town Develop- ment Inc. for improvements on Scenic Parka-ray and to refer to Vi.l e, Enginee2 for incorporation with current study for Project STR 72-3-22. Dir. Fenzel seconded. All voted aye. Motion carried. D. Petition for Vacation of a Portion of Franlo Road. The Preserve.' Resolution No. 695. A inotion vras made by Fir. Penzel to receive the petition fro= The Preserve and adopt Resolution No. 695 ordering a hearing on Iday 22, 1973 for vacation I of that portion of Franl.o Road through the proposed plat of Westarind Adda. Mr. McCulloch seconded. A.11 voted aye. Motion carried. V. RESOLUTIONS &. ORDINANCES , A. U�: John's Mood Addition. Final Plat Approval, Resolution No, 690. A motion was made by Mars. Neyers to adopt Resolution IFo. 690 approving the fina plat of St. Johma's :rood Addition including the 5 recc=zendations in the Village Engineer's Report dated April 19th.and the Planning Cocmission's recommendation that heavy buffering along Baker Road be provided by the developer. The latter rec?p=endation as made on April 17. Mr. Fenzel seconded. All vote w aye. Igo ion carried. B. Duck Lake Estates Addition. Final Plat Approval, Resolution Tdo. 691. A notion was made by Ur. Penzel to adopt Resolution No. 691 approving the final plat for Duck Lake Estates Addition including the 4-ieccaimaendations by 'the Village Engineer in his report dated April 19, 1973. Firs. Neyers seconded. A11 voted aye. Notion carried. C. Resolution No. 689 Urging the State Legislature to Increase the Amount of Natural Resources Funding for Local Gover=ents in Park and Open Space. A motion was made by lair. Penzel to adopt Resolution No. 689 as recemssended by the Park L: Recreation Director, Marty Jessen. Mrs. Meyers seconded. All voted aye. lotion carried. D. Resolution fro. 696, Al1o:•ring for Additional Participants in the Recipro- cal Fire Service A.�-eerient. A motion iras made by Fir. McCulloch to adopt Resolution No. 696 as recommmendE•, by Public S-::.fety Director, Jack Hacking in a report dated April 20, 1973. I.h-. Penzel seconded. A11 voted aye. Motion carried. Council Meeting April 24, 1973 Page Five VI. REPORTS OF OFFICERS BOARDS AND C01•2'2SSIONS A. Reports of Village Engineer: 1. Receive Feasibility Report on Project STR 73-3-14. Bittnninous Paving on Barberry Lane, Duck Lal:e Road Padon Drive and Peterbor Road. Resolution Vo. b92. A motion was made by 14r. Penzel to receive the feasibility report and adopt Resolution No. 692 ordering a public hearing for Project STR 73-3-14 on May 8, 1973. Mrs. Meyers seconded. All voted aye. Motion carried. 2. Accept Streets and Utilities in The Preserve and Release Bonds Therefore. A motion vas made by kh% Penzel to accept for continous maintenance the public streets and utilities constructed in High Point First and Second Additions under The Preserve Contract No. 's 71-1, 71-2, 72-1, 72-2, and 72-3 and to release bonds issued by St. Paul Fire & Marine Insurance Co. numbered 400cx8732, 400da2o26 and 400dj4361. and to reduce Bond No. 400cx8oJ6 to $67,000 subject to receipt of a one-year maintenance/warranty bond conmencing 11/1/73. Firs. Meyers seconded. All voted aye. Motion carried. 3. Approve Change Orders on Orfei & Sons Contract. A motion was made by Mrs. Heyers to amend construction contract with Orfei & Sons, Inc. dated December 10, 1971 for sever and t-rater Sections II and III by approving and adding thereto Change Orders- No' 1 and 2 dated April 2, 1973 in the net amounts of : 27,560.73 decrease and $55,117.06 increase respectively. Mr. Penzel seconded. On roll call, a31 voted aye. Motion carried. 4. Agreement for Engineering Services with Rieke, Carroll, Muller Assoc. , Inc. Projects Assigned Between April 1, 1973 and Sept 1, 1973• A motion vas made by Mrs. Meyers to authorize the Mayor and Village Manager to enter into a contract dated April 4, 1973 with Rieke, Carroll, Muller Associates, Inc. for engineering services. Mr. McCulloch seconded. All voted aye. except Mr. Boerger who nayed. Motion carried. 5. Authorize Installation of 16;' Valve at Reservoir Site. A notion was made by Mr. McCulloch to accept the low quotation from Scan Construction Co. in the amount of $1,600 for installation of a 1611 valve at the reservoir site. Mr. Penzel seconded. On roll call, all voted aye. Motion carried. !- 6. Report on Mfinnesota Senate Transportation Committee Hearin{ on t Toll Bridge Bill. The Council received the memo dated April 16, 1973 from the Village Fagineei Carl Jullie. He reviewed the hearing on Friday, April 13th on the proposed Hennepin-Scott-Minnesota Valley Toll Bridge Bill. The Mayor thanked him on behalf of the Council for attending and presenting the Village's position oa the bill. 'a Council Meeting April 24, 1973 Page Six B. Report of Public Safety Director: ; 1. Report on Holly Road Traffic Count. 3 x The report dated April 18, 1973 was received and filed. C. Report of Village Clerk: 1. Village Clerk's Recommended License Application List. A motion -was made by Mrs. Meyers to approve the Village Clerk's recommended license list dated April 24, 1973. Mr. McCulloch seconded. All voted aye. Motion carried. D. Report of Village Manager: The Manager reminded the Council that the Board of Review meets at the Village Hall at 7:30 P.M. on May 10, 1973 and the Housing Task Force meets at the High School Cafetorium on May 3rd at 7: 30 P.M. He also noted that there will be another Newsletter mailing on Play 8th or 9th and to submit any items that they have to Insert. The Manager reported to the Council that the Village Clerk had resigned as of May lst. Mr. Penzel made a motion proclaiming April 29th as "Honey Sunday", a JC project. Mr. Redpath seconded. A11 voted aye. Motion carried. VII. BIDS A. Authorization to Solicit and Accept Quotations for Phase I Landsca in at Forest Hills School Park, With an Estimated Cost of Less Than $5,000. A motion was made by Mr. Penzel to authorize the Village Manager to solicit and accept the best quotation for landscaping at the Forest Hills School Park site. Mr. Boerger seconded. On roll call, all voted aye. Motion carried. VIII. FINANCES A. Pent of Claims No. 1774 through 1846. A motion was made by Mr. Penzel to approve payment of claims No. 1774 through 1646 for payment. 1--. Redpath seconded. On roll call, all voted aye. Motion carried. I Meeting adJourned at 11: 30 P.M. Edna M. Holmgren, Clerk