City Council - 07/10/1973 - Village Meeting i. MUTES
EDEN PRAIRIE VILLAGE COUNCIL m
TUESDAY , JULY 10 , 1':73 7 :30 P. M. VILLAGE HALL
Council 1-ieobers : ;.1ayor Paul Redpath , Councilwoman Joan iLeyers ,
Councilmen Wolfgang Penzel and Roger Boerger.
Councilman Joan f.cCu l l och was absent.
Council Staff : Village rsanager ;iobert P . Nei nri ch , Village
Attorney Harlan Perbix
I . -iI;IUTES OF REGULAR f;CETING HELD JUNE 26 , 1g73 .
Page 3 , VI . A : C. DeSantis should be substituted for Joanna flills .
Page G , VI . C . 2 : The action by the council should read : A motion
was made by fir. Penzel seconded by f'r. ticCulloch adopting
Resolution 73C approving Street Lighting . . . . . . . . .
Page 7 , VI . E . 1 : Should read : Request authorization to rent the
Village-owned cottage. . . . . . . . . . . Cominunity Education.
A motion was made by N'r. Soerger seconded by fir. Penzel to approve
the June 26, 1973 , minutes as corrected . Motion carried unanimous-
ly.
II . PUBLIC HEARINGS :
A. 7 :30 P . 'i. Projects SAiN 73-1 -04. and HTR 73-2-04 . Sanitary sevier s
and :ratermain lateral service to the Kings Court Additions .
Engineer Carl Jul l ie spoke of the placement of lines of the
project and the cost breakdown. He explained that bids would
be taken in early August with construction in October if the
project were approved.
Because of the gravity pull , the connection point would be south
of the project in Edenval e . A letter dated July 10, 1973 , was
submitted by Eden Land Corporation requesting reinbursement of
$15,460, which represents the additional cost incurred for the
installation of larger pipes to accommodate the connection.
The staff had not had time to evaluate and respond to the letter
but Hr . Heinrich did say that this cost would be borne by the
trunk fund and not the residents .
►•,r. i,;ark iicCartan , 141C2 Crown Drive , expressed his regrets that
the project was not included with earlier projects and asked if
residents could hope for bids which might lower their assess-
ments . It was explained that homes built prior to June 22,
1971 , are Granted the deduction of up to $1 ,000 and that the
Village has experienced receipt of bids 10-20% loKer than esti -
mated costs . However , the Village has experienced increased
construction costs over the past tyro years and it was not anti -
cipated that these costs would decrease.
" Co:_,_nci1 ".eeL ing -2- July 10, 1973
Upon inquiring , :Irs . Carole Repp:zur ., 5351 Canterbury Lane , Was
inso.rnzel ;,hat the $520 seeer and water tru.-k assessment is p id
only once .
The ns�-! o-:ner of pro?er Ly Cg 1 Castle Lane , Hr. Dave SI<rier,
voiced his object ion to the nisinfornat;on he received frog.
t 'ze !.,,as considering ouyi ng the property .
':��.: : �tr:sri ..c- :. ;•o�at :tss•�ssTe�:t a fi +.� r� o� t�_'00 ..'as
�.." ` Ze1 n. 3iain ': .t, %his -ri e 1touId !)a r,orr.-ct for
a2300 lateral sewer and 520 sever! and !/ater trualk ; !-iat:er
assessneat had not Seen incluc'ed _ Fir . Heinrich explained that
the irfor:s4tion given t•.►as probably based on Vie rest of
i.i nnston Drive and that he would check this out.
It was explained to iirs . Diane Liadenan , 6924 Canterbury Lane ,
that the y1 ,000 credit w:oul d be applied at another tine if the
projact !�!as not approved the first time aroun4 .
31r. Den-.ti s Sol i e , 6860 Canterbury Lane , wished to ao on record
as opposing the project .
Nr. Bill Garens , 5397 Castle Lane, liras in favor of the project
if bids came in at a reasonable: cost.
rl motion r!as nude !by iir .. Eoerger seconded by ir. Penzel adopt-
ing Resolution i o . 731 ordering improvement projects SAN 73-1-
C and •.+TP. 73-2-04 , approving plans and specifications ;
ordering advertisement for bids ; closing the hearing ; and
stipulating 5% of the bid amount be deposited . Motion carried
unanimously.
B . 3 :301 P .O. Projects SAM 73-1 -12 '•.'TR 73-2-12 and STR 73-3- 12 .
Sanitary sever , :latermain and street surfacing along Hiawatha
Avenue from Scenic Heig>>ts Road to south of Hillside Drive .
Mir. Jullie explained the project which t�,ill include a 20 foot
bi :uminous street r.ith optional concrete curb and gutter. Hi3
stated that a :sign area in th-e road t-till be cut only about one
foot so fencing and tree movement vioui d not be necessary; in
fact , vi si bi 1 ittr vioul d be improved by the cut. The road wouid
be centered in a 50 foot right of way.
The costs of tie project vrere explained and residents of the
project area Mould be receiving the 25% credit in the amount of
$5i5.
Ans!•rering a question posed by i-ir . 1+ihe Gerdts , v240 Hiat°latha ,
sir. Jullie said That there would be 11 feet between that street
and the edne of the property t-ithich IV'OUld be adequate space for
sna!i storaga and sida!lal ks . i,ir. Gerdes expressed a favorable
reaction to the project except for curb and gutter. He felt +
that Hipp ' s should be assessed a greater share of the street
assessment .
Council fieeting -3- July 10, 1973
iir . Dennis Truempi , 8326 Hiawatha Avenue , opposed the project a
as the costs were too high .
iir . Jim Lindsay , Heidelberg area , was in favor of the entire
project including curb and gutter .
fir . Ray flitchell , 14801 Scenic Heights Road , stated he was in
favor of tite project with the exception of the curb and gutter .
He , too , felt that Hipp ' s should bear a greater assessment for
the street since that development would be increasing the traf-
fic on the road .
Or. Heinrich explained that the Village is experiencing a good
bidder participation resulting in competitive prices . Further ,
that if costs would exceed the estimates presented the project
would probably be turned down.
A motion was made by Hr . Penzel seconded by fir . Boerger closing
the public hearing ; adopting Resolution No . 732 ordering
Improvement Projects SAH 73-1 -12 , WTR 73-2-12, and STR 73-3-12,
approving plans and specifications and ordering advertisement
for bids ; and stipulating that 5% of the bid amount be deposit-
ed . iNotion carried unanimously.
C . Public hearing reviewing the proposed Major Center Area Planned
Unit Development ( NU-PU , approximately 1200 acre area lo-
cated in all four qua rants of the I-494 and 212 interchange.
sir. Heinrich stated that many public hearings and meetings as
,.-jell as neighborhood meetings have been held to familiarize
anyone interested with the MCA PUD. This hearing_ is continued
from June 26 , 1973 .
tlhen Nr . Frank Smetana , 7680 Smettanp. Lane , stated he had not
heard about the NCA , i.ir . Heinrich explained that this has been
anticipated since 1063 Comprehensive Guide Plan and within the
last six months concentrated effort on the part of many agen-
cies has been exerted . Thesa groups have been studying the
concept , roadway system and the affected adjacent areas . The
result of their efforts , The Task Force Report , will be a
guide for land development in the MCA PUD.
1Ir. Smetana wished to go on the record as o�osi�n4 from every
standpoint . Shopping areas--7 Hi , Riracle ;,ile , Chanhassen ,
Hopkins--are available -, taxes are increasing instead of de-
creasing . '.fhy can ' t this go through on a referendum? In re-
ply , fir . Heinrich stated that the property owners inside the
rind road and adjacent to it will be paying for the road . Ce-
cause the rink; road :,:ill be discussed in pore detail July 21
iJr . Smetana eras encouraged to attend than hearing .
Nr . Bob Fransen , C851 Beach Road , opposed the plans for the
Bryant Lake area . Mr . Ray Roettger , 6831 Beach Road , voiced
concern over the possibility of people-polluting the Bryant
Lake area . iir . Pierson , Smetana area , opposed the locAtion
of the ring road and suggested the County 18 , 494 , 169 area .
AN
Council i?eeting -4 - July 10 , 19173
:ir . R`dpeth pointed out that the i;etro Council in 10,6£ desig-
nated this area for a regional center and since that tine the
Village has been working under this premise .
A motion was made by ir . Penzel seconded by i-ir . 3oeroer to
amend the third and fourth sentences of Recommendation 34 of
the Task Force Report to read : The wooded knolls overlooking
Bryant Lake should be developed in low to medium iSCA density
housinn wwith specialized design of structures accommodating the
steeply sloping terrain and heavily wooded character. Preser-
vation of the Bryant Lake/nine ;N le Creek Flood Plain as well
as the significant knoll adjacent to the lake is required .
notion carried unanimously.
i'r . Redpath commended the staff on their work on this project . h
F, notion was made by Mr . Boerger seconded by 'Mr . Penzel adopt-
ing Resolution Ho. 733 granting Concept Approval to the 1 ,200
acre Viajor Center Area Manned Unit Development :
a . as proposed by the Major Center Area Task Force in their
report dated July 2 , 1973 ,
b . as amended by the Planning Commission in their minutes of
July 3 , 1973 ,
c . as amended by the Village Council July 10 , andi^�
further amending the 1.G8 Comprehensive Guide Plan . . Motion
carried unanimously.
D. Request by the Gelco Corporation for Concept Plan Approval
Gelco Corporation Planned Unit Development for 30 acre site
for corporate office and park use on the north edge of Ander-
son Lakes .
;;r . Ray Geiger showed slides depicting the area and the three
possible building and parking layouts . He stated that Gelco
wishes to retain the integrity of the natural amenities and
is willing to work toward a solution viable for both Eden
Prairie and Gelco .
Mr. Putnam outlined the staff report and the concerns of the
Planning Commission. He further stated that the feature of
the area is the wildlife habitat of the marsh and lake edge .
Gelco ' s proposal could preserve the lake' edge and marsh and
it is compatible with adjacent uses and consistent with the
Wajor Center area . Office use has little impact on the lake.
It is the staff' s feeling that part: dedication should follow
the natural boundry with either dedication or scenic easement
for perpetuity. This will have to be resolved .
It was pointed out tioat approval is being sought for ,lust con-
cept plan and that action in regard "Co rezoning and building
plans would have to be reviewed by the Planning Commission and
otker Village agencies prior to Council action .
Council fleeting -5- July 10 , 1973
i1r . Emerson Greenburg , a V . P . of Gelco ; stated that Gelco -.-fish. -
2s to eni)ance she site and their intention to preserve i t .
+gel co will be paying :.axes , supporting -the ring road , prescrv -
i no site amenities and e;npl oy i ng Eden Prairie peopl e .
, -rs . i-ieyers questioned Nr . Greenburg as to whether or not the
site is adequate to handleGelco ' s expansion plans with the
it Ua-1 e :oota j? :tad ;nark . a restrictions i �'v36rl by :Ia Pia :.i�lR^
m : ss; on ; to i-,,hicI ::r . Greanbur9 epli24 , "Yes . "
is . Geneva s-ii ddl eton urged that the Village be consistent with
developers to conserve the Anderson takes area . She felt that
the 250 foot lakeshore setback should be imposed . She urged
that the Council not take action until file site was walked and
the lake ' s high >-later mark established.
Mr . Perbix pointed out that it is to the Village ' s advantage to
have the land dedicated or obtain easement since the municipality
can then make stipulations on what is done . Further , that just
because there is a line on a map , one cannot assume that Village
ownership exists. This is not the case and the Village would be
hard pressed not to grant a permit under present industrial zon-
ing , if someone requested such .
Uhen asked of Gelco if they !would be adverse to additional foot-
age scenic easement, fir. Jack Bell , Gelco ' s legal counsel , re-
plied in the- affirnative . tie stated that Gelco is already giv-
ing substantial property and requested the Village' s trust in
them to do the rinht thing ulith the remainder of the property.
Mr. Greenburg indicated Gelco ' s willingness to adhere to the
recommendations of the Planner and Gelco ' s architects .
t-fhen Nrs . S1acklock expressed concern about the loss of trees
during the expansion program, the architect said that the slide
diagram was not representative of the actual tree line .
A motion was made by Pir. fleyers seconded by Pir . Penzel to adopt
Resolution ?!o. 739 requesting DN'R to establish the high water
mark for Anderson Lakes . Notion carried unanimously.
A notion was made by 'Mr. Penzel seconded 5y airs . Pieyers closing
the public hearing and approving Concept Plan Approval for Gelco
Corporation PUD in conformance with the recommendations of the
Planning Staff Report dated July 3, 1973 amended as follows :
Recommendation (c) 2 : That 6 .7 acre marsh and slopes adjoin-
-i ng it be reserved for wildlife habitat. . . . . . .
Recommendation (d) 4 : Recommend that Gelco promote the use
of carpool s . . . . . . . . . . . .
All voted aye . Oction carried .
D. Condor Corporation , request for rezoning from Rural District to
1 -2 Industrial Park for land west of Hashington Avenue and wo
south of Valley View Road .
A motion was made by fir . Soerger seconded by fir. Penzel to con-
tinue the hearing to July 24 , 1973 , Council fleeting . Ilotion
carried unanimously.
J
Council I-leeting -6- July 10 , 1973
III - PETITIONS , REQUESTS AND COi i UNICATIONS :
c
A. Letter dated June 11 , 1 ..73 , from Sterling Field Association ,
Inc . , Raymond H . Carey , President .
A motion eras made by fir . Penzel seconded by Firs . :ieyers to re-
ceive and file iir . Carey ' s letter of June 11 , 10,73 . i;otion
carried unanimously.
I V . RESOLUTIONS A iI D ORDI NAOICES :
A. Second Reading - Ordinance No . 210 , an ordinance regulating
license feees , permit fees and charges and amending ordinances
{
setting fees and charges .
A motion was made by Mr. Penzel seconded by P7rs . f1eyers to lay-
over the second reading of Ordinance No . 210 until the July 24 ,
1973 , Council meeting. notion carried unanimously.
S . Second Reading - Ordinance No . 225 , an ordinance rezoning
approximately 3 .8 acres rom to OFC for Edenwest Office
Building.
A motion was made by Ijr. Penzel seconded by r1r. Boerger approv-
ing the second reading of Ordinance No. 225 . Motion carried
unanimously .
V. REPORTS OF OFFICERS , BOARDS AND CO1fl1ISSIO1jS :
c
A. Reports of Village Engineer :
1 . Approve Final Plat of Hipp ' s 2nd Addition , single family
residential plat ( R1 13. 5 ) located south of Scenic Heights
Road and east of Hiawatha Avenue in Section 16.
This item t:as scratched from the agenda prior to the meeting.
2. Consider amendment to Proposal -Agreement with Brauer 8 Assoc.
Inc . for East-1-Jest Parkway Study. Consultant is requesting
lump sum fee of $9, 200 for completion of E-1-I Parkway prel im-
inarl, alignment and grade study. Reasons for change are as
follor:s :
A . A fee based on percentage of the construction cost as
specified under the original contract would be somewhat
indeterminate because this is a study of preliminary
grade and alignment only;
13 . The scope of services provided by the consultant should
be expanded to include review by architects and planner&
motion vias n.ade by fr . Penzel seconded by i%ir . Boerger ap-
proving amendment dated June 13 , 1973 , in the amount of
$9, 200 to Proposal -Agreement dated June 26 , 1972 , and ex-
tension thereof dated October 10 , 1972 , with Brauer & Assoc .
Inc . for the E-H Parkway preliminary grade and alignment
study. On roll call , all voted aye. Notion carried .
Council Meeting -7 - July 10 , 1973
S
B . Re Dort o 4' Vi11are CI -r:c :
1 . !'iilace Clerk ' s Roconmended License ;;nplication List. dated
< duly 10 , 1 �73 .
A motion was mad` by iir . �,oerger seconded by i1r. Penzel to
approve those appl ican;:ions listed witth the e;ception of
the private kennel application . :iv;`.iOil c3:-ried unanimously.
!:-antral appi iiCc2 ';-Ja 1 :'!aS
C. Reuorts of Village _Vianager :
1 . Amendment to the CATV Joint Powers Agreement .
A motion was made by firs . Meyers seconded by f-Ir. Penzel
adopting Resolution Ho. 734 amending Section 10 of Article
VI of the CATV Joint Powers Agreement. (lotion carried
unanimously.
2 . Establishment of Public s-!orks Utility Division.
Action was tabled until the July 24 , 1973 , Council meeting .
VI _ FINANCES :
A. Prayment of Claims do . 2177 Vhrough 2260.
A notion was i-aade by iir . Perzel seconded 5y firs . f'ieyers to ap-
prove payment of Claims No . 2177 through 2260. On roll call ,
all voted aye . f►otion carried .
B . Cash and Investment Report .
A motion was made by i-irs . 'Heyers seconded by Mr _ Boeraer to
accept the Cash and Investment Report dated July 10, 1973 .
fiction carried unanimously.
ADDEMDUH ITEMS
1 Consideration of Bids on Improvement Contract 51-252 , Project
SAN 72-7-25 . Sanitary sewer extension along TH 5 and Hest 7 th
Street. The low bid was submitted by Irving Lamppa Construction
in the amount of $247 , 604 . 25. The Consultant Engineer' s esti
mate for the contract was a270 , 000.
A motion was made by Or . Penzel seconded by firs . fleyers to
adopt Resolution Ho . 736 accepting 1 ors bid of Irving Lamppa
Construction Company in the amount of $247 ,604 . 25 for Improve-
ment Contract 51- 252 . Ai 1 voted aye . lotion carried .
2 . Consideration of Bids on Improvenent Contract 52 -253 , Projects
SA14 73-7-05 I ) , SAN 73-7-0 , and VTR 73-8-0 Sanitary
set-er and watornain extensions along Creed; KFio l (toad and Count,
Road 1 . The lore bid was submitted by Northern Contracting Co .
in the amount of $212 , 258 . 20. The Consultant Engineer ' s esti -
mate for the contract ,-ias $275 , 000 . i
44.
"'
WL
• Council Nieeti ng -8- July 10, 1973
A motion was made by Mr. Penzel seconded by Nrs. Meyers adopt-
ing Resolution Ho. 737 accepting low bid of Morthern Contracting
Co . in the amount of $212 ,258 . 20 for Improvement Contract
51-253 . All voted aye. fiotion carried .
3 . Letter from Lower Hinnesota Watershed District dated July 6,
1973.
Referred to Village Manager for review and recommendation.
4 . Letter from Benlowe Construction Company dated June 28 , 1973.
Received and filed .
5. Smetana Lake Planning Sector Study Planning Consultant Contract
with acu a.ns for an amount not to exceed . .
A motion was made by Mr. Boerger seconded by Mr. Penzel author-
izing agreement for Smetana Lake Planning Sector Study Planning
Contract with R. V . Maculans for an amount not to exceed $3 ,000.
All voted aye. Notion carried .
6. Ordinance No . 226, regulating land alterations , excavations ,
pits ,and removal of earthly deposits and amending Ordinance
Xa. 142.
c a
A motion was made by Mr. Penzel seconded by Cyr. Boerger declar-
ing an emergency because of possible imminent development by
land alteration and adopting Ordinance Mo . 226. All voted aye.
i.otion carried .
The meeting adjourned at midnight.
Suzanne K. Lane, Deputy ClerF