City Council - 05/22/1973 - Village Meeting ""MUTES
EDEN PRAIRIE VILLAGE COUMCIL
TUESDAY MAY 22 1S'73 7 :30 P .M. VILLAGE HALL
COUNICIL ;1EF1'EERS : Mayor Paul Redpath, Councilwoman Joan 19eyers ,
Councilmen John McCulloch , Volfgang Penzel ,
and Roger Boerger .
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COUNCIL STAFF : Village Manac!er Robert Heinrich , Village Attor-
ney Harlan Perbix
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I . PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE BY EDEN PRAIRIE
PUBLIC SAFETY DEPARTMENT POLICE CADETS—.
The seven cadets , the first of their kind in Eden Prairie , were
introduced by Mr . Jack Hacking . Tire Riggs , Steve Eisch, Chris
Eisch, Roy Johnstone, Lyle Hookum , Cary Clark and Mark Carey
are receiving first aid , traffic direction , public relations ,
personal identification number program training Tuesday evenings
7-10 and �lednesday evenings 3 -10 .
II . MIMUTES OF REGULAR MEETIPG HELD P4AY � , 1973 .
Mr . Penzel moved the the minutes be accepted as published with
the following correction :
Page 2 , Paragraph 1 , Sentence 3 : Should read as follows : The
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approximate assessment rate of $244 per lot unit. . . . . . . . . . .
After a second to that motion from Mr . McCulloch , the motion
carried unanimously .
III . BID AIIARDS :
A. Consideration of bids for seven-gang reel mowers . (Bids
opened ton ay, May 21 , 11973 . )
A motion was made by Mr. McCulloch to award the bid in the amount
of $9175 . 50 to R. L . Gould & Company , 3711 N . Lexington Avenue,
St. Paul , Hi nn . , 55112 for a Jacobson E10 t Factor and seven-gang
hydraulic lift movier with all -hydraulic broom attachment and all -
weather cab. firs. Neyers seconded . On roll call , all voted aye.
Notion carried .
IV. APP0114TMENTS :
A. Mayor ' s appointments of members of the Eden Prairie Drug
Committee .
As fir. Komschl ies has been out of to,,rn , action was delayed until
the next council meeting, June 12 , 1973 .
B . Discussion on arpointments of student members for various
commissions .
This topic will be discussed at Council meeting scheduled for
Tuesday , i;ay 29.
Council 4eeti ng -2- May 22 , 19'73
�m
V. PUBLIC HEARINGS :
A. Condor Corporation , request for rezoning from Rural District
to 1 -2 Industrial Park for land west of Hashington Avenue
100)
and south of Valley View Road .
11r . Heinrich informed the Council that a resolution to the road
problem had not been reached and it was requested that the hear-
ing be delayed until June 12.
iIr. Penzel moved that the public hearing be
p g y
rescheduled for June 12, 1973 . ;1r . Boerger
seconded . Motion carried
3. Land Division on Plat 56976 , Parcel 1500 requested b 111r .
Darren Shultz . Sl o official public earl ng required—. ppor--
tuni ty for neighboring residents to comment. )
Ntembers of the Village Staff reported that the land division does
not violate any Village Ordinances and recommended approval of
the request.
Mr. Shultz stated that he purchased the land from the Kurtzes and
up until that evening he himself had not been contacted. in re-
gard to the purchase of the land by the residents of the area .
He felt that a similar request by any other developer would be
granted and it was his hope that he would receive approval .
tv Mr. Jecke-Burke reported that a regular letter had been sent. to-
the Kurtzes Qith no response and a second letter sent registered
received a telephone response indicating that the land had been
sold but not to whom. He further felt that the area could not
be adequately serviced by fire or snow removal equipment and
that the concept would defy the- backyard to backyard . planning.
concept.
Mr. Rosholt , attorney representing the Paradise Valley residents ,
indicated that the lots would not meet Village requirements if
the proper size road were built with the cul -de-sac . Proper
' screening was not included with the request for land division .
&Nr. Putnam explained that sir. Shultz s original subdivision of
f five lots had been rejected and the matter before the Council was
a more land divicinn . If and wnpn M.r . gh+a7itz a Ifed '�'^!" h! 11-1-
ti ing permits , proper screening as well as other Village Staff re-
quirements would be recommended .
Mrs . Meyers moved to endorse the administrative action of the
Village to grant Mr . Shultz ' s request for land division based on
the Village Assessor ' s memo of April 20, 1973 . t1r . Boerger
seconded . All voted aye with the exception of fir . 11cCulloch who
voted nay. iiotion carried .
Mr . Heinrich was instructed to inform the building inspector to
strongly recommend heavy buffering between the roadway and Para-
dise Valley lots when building permits were requested .
No►N
Council Meeting -3- flay 22 , 1973
In consideration of traffic on County Road 4 between Kurtz Lane
( and South Lund Drive , Nr . Perzel moved to adopt Resolution No .
714 requesting reports from the County Highway Department on the
feasibility of turning lanes between Kurtz Lane and South Lund a
Drive and of their installation . fir. Boerger seconded . Moti on
carried .
f
C . Vacation of Franlo Road through the Vestwind Addition. }
11r. Jullie reported that the bonded developer has assured the Vil -
1 ape that the existing road bed will be maintained until the
Village finds the other roads satisfactory. Utilities do not
object to thevacation since they !lave no facilities in that part
of Franlo Road .
A motion i•!as made by Mr. Penzel adopting Resolution No . 705 vaca-
ting portion of Franlo Road through: the E-lestwind Addition and in-
structing the Staff to procure a temporary easement for the con-
tinued use of Franlo Road until such tine that the new road be-
comes usable. Wrs . Meyers seconded . All voted aye. Motion
carried .
VI . PETITIOMS , REQUESTS AMD COMMUMICATIOMS :
A. Request by Alex. Dorenkemper to discuss the Pianninr Commission
ana Planner recommenvations regaraing the plazzinn o +aple-
woo ar • Estates - ures mood Terrace . ( Public hearing on the
preliminary plat will be heard June 12, 1973 . )
fir. Heinrich informed the Council that the public hearing could
not be held because sufficient notice to the public had not been
given . fir . Putnam explained fir . Dorenkemper ' s request and his
staff report of April 11 , 1973 . He felt that because of the
special circumstances that effect this properly an excaption
should be made to grant 111r . Dorenkemper ' s request for rezoning
and approval of preliminary plat granted subject to the signing
of a lane!-hold agreement .
Mr. Allan Albrecht, representing r4r. Dorenkemper, did not feel
that the land-hold agreement was necessary since the Planning
Commission would have to be petitioned prior to any pl atti n1j . 11r .
Heinrich explained that the land-hold agreement was a tool used k
by tin Villanp to nrevPnt dPvP1nnmPnt--and in this case in an
area not serviced by utilities .
No action was taken on the part of the Council .
B . Letter dated flay g , 1973 , from Honart Development Company.
Received for file.
f C . Letter, from Menne in CountX Hight-!ay Hight-!ay De artment dated flay 10,
, concern ng design criteria for lighting on CSAH 62.
.
This letter was in response to the Council ' s expression of con-
cern about the over lighting in this section of the hinhway. The
letter did not address itself to this concern but merely indicated
that this is the type of lighting used for all County lighting
projects . Received for file.
Council meeting -4- May 22, 1973
VII . RESOLUTIONS At!D ORDINAMCES :
A. Resolution amending maintenance agreement with Flinnesota
_ig ray Department for sign3 s at T. H . 5 and CSAH 4 .
A motion was made by Mr . Penzel seconded by Mr . Boerger to
adopt Resolution Ho. 706 approving reimbursable maintenance
agreement MHD for signalization at T.H . 5 and CSAH 4 . Motion
carried unanimously. The Council requested to be informed
of the cost for a typical service call .
B . Second Reading - Ordinance No . 210 , Consolidated Fee Ordi -
nance .
k
t
Action was delayed until June 12 , 1973 .
C . Resolution authorizing use of facsimile signatures by public
officials .
Nr. Penzel moved that Resolution No. 71? be adopted authoriz-
ing use of facsimile signatures by public officials on checks
of less than $5000. fir . McCulloch seconded . Motion carried
unanimously.
VIII . REPCRTS OF OFFICERS BOARDS AND COfINISSIONS :
A. Reports of Village Engineer :
1 . Approve plans and specifications for I . C. 51-252 Project
SAN -Z5 . Sanitary sewer trunk and lateralservice
along Test'-78th Street from the Purgatory Creek inter-
ceptor east to Rosemount Company. Plans and specs pre-
pared by Rieke, Carroll , Muller Assoc . Inc .
A motion was made by Mr . McCulloch adopting Resolution No .
707 approving plans and specifications and ordering adver-
tisement for bids on I .C . 51-525 , Project SAN 72-7-25 . Mr.
Penzel seconded . Motion carried unanimously.
Bids will be taken June 21 , 1973 .
2. Receive feasibility report on Projects SAN 73-7-05,
SAN 73-7-06 , and HTR 73-8-07 . Projects involve sanitary
sewer and water trunks on Creek Knoll Road , County Road 1
( P i nnepr Trail ) , and Fra nl n Rnad . Faa s i hi l i tv ReQurt
prepared by Rieke, Carroll , Muller & Assoc . Total esti -
mated cost $932 ,670 .
It was the Council 's feeling that although the report en-
compassed three stages of construction , only Stage I should
be approved at this time . Stage I is needed now, is an in-
dependent staging project , and by approving only Stage I
those landowners in Stages II and III would not be subject
( to assessment and public hearings .
A motion was made by Mr . Penzel adopting Resolution =1o. 708
receiving report calling for public hearing approving plans
Council treeti ng -5- May 22 , 1973
and specifications for Stage I combining projects for bidding
and ordering advertisement for bids on Projects SAP! 73-7-05 .
SAN 73-7-06 and MTR 73-8-07 , I . C. 51 -253 . Mr . Boerger
seconded that motion . Carried unanimousiy.
The public hearing was set for June 12 , 1973 .
3 . Approve final plat of !.!estviind Addition .
Mr. Penzel moved to adopt Resolution No . 709 approving final
plat of Hestwind in The Preserve . Mrs . Meyers seconded .
:lotion carried unanimously .
4 . Approve final plat of Edenborough Addition .
f1r . Penzel moved to adopt Resolution No . 710 approving final
plat of Edenborough subject to the Engineering report recom-
mendations dated May 22 , 1973 % Mr . McCulloch seconded .
Motion carried unanimously .
S . Approve final plat of Kakach Addition .
A motion was made by Mr . Penzel seconded by Mrs . Uleyers to
adopt Resolution 711 approving final plat of Kakach Addition .
All voted aye . Motion carried .
6 . Change Order for Water Treatment Plant contract .
The Council was informed of the proposed Public Safety office
area in the northern portion of the chemical storage area in
the ►-later Treatment Plant . This area would otherwise be
vacant for perhaps ten years at which time it would be used
for storage of chemicals .
Mr . Heinrich suggested that the financing could be supported
by the general fund over a period of years but advance monies
would come from the Neater trunk fund .
Mr . Penzel felt more explanation was needed in regard to the
$2 ,000 difference in the cooling and heating methods for the
proposed office space .
Ar . McCulloch moved to approve Change Order No . 1 to Improve-
ment Contract 51-251 , Project WTR 71-8-30 , with Gunner I .
Johnson and Son , Inc . in the amount of $16 , 236 for alterations
in the chemical storage floor according to the cost breakdown
from said contractor dated April 16, 1973 . Further explanation
on the heating and cooling methods was requested . Mr . Penzel
seconded . On roll call , all voted aye . Motion carried .
B . The Report of Public Safety Director.
Director Hacking revievied tiis report and commented on the
diligence of his officers . The Council commended the Public
Safety Department members--both fire department and public
safety--for• the tremendous work they are doing .
w.
Council Fleeting -6- May 22 , 1973
C. Reports of Village Fianager :
1 . Major Center Area Progress Report.
Things are going well A letter from Homart dated May 9 was
received explaining the parking within the ring road . Re-
lating to the ring road a letter was also received from the
State Highway Department indicating their unwillingness to
reroute 169 via the Ring Road .
A petition was received signed by Donald Peterson, Eden Land
Corporation , and 14alter Carpenter , Minnesota Tree Inc . dated
May 21 , 1973 , requesting improvements of the Major Center
Area Ring Route from TH 5 to Valley View Road .
A motion was made by Mr. Boerger to accept the petition and
include the request in the ring route feasibility report.
Mr . Penzel seconded . Motion carried .
2. Letter from Midland Carriers Inc . , complimenting Public
Safety Department and Tire epartment .
Mr. Heinrich stated that other such letters have been re-
ceived praising the work of these two departments .
3 . Availability of Emergency Employment Act funds .
. Mr . Heinrich reported that one-year funds are available with
George Rolls , a local man , being considered .
D. Report of Village Clerk :
1 . Village Clerk ' s Recommended License Application List .
Mrs . Meyers moved to approve the License Application List
dated May 22, 1973 . ►9r. Penzel seconded . Motion carried
unanimously.
IX. FINANCES :
A. Payment of Claims No . 1931 through 1979.
A motion was made by Firs . Meyers to approve payment of Claims
:psi znrougn 19/9 . Mr. Penzel seconded . On roll call , all
voted aye . Motion carried .
B . Cash and Investment Report .
A motion was made by Mr . Penzel to accept the Cash and Investment
Report dated May 8 , 1973 . Per. Redpath seconded . Motion carried .
t The meeting adjourned to May 29, 1973 , at 7 :30.
Suzanne K. Lane , Deputy Clerk