City Council - 07/24/1973 - Village Meeting .:y
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MI14UTES
EDEN PRAIRIE VILLAGE COUIICIL
TUESDAY, JULL 24, 1973 7:30 P.M., VILLAGE HALL
INVOCATIO11 BY WOLFGANG PEI4ZEL -- PLEDGE OF ALLEGIANCE
Council Members: 11ayor Paul Redpath, Councilwoman Joan Meyers,
Councilmen John I1cCulloch and Wolfgang Penzel.
Councilman Roger Baerger was absent.
Council Staff: Village Manager Robert P. Heinrich, Village Attorney
Harlan Perbix
I. MINUTES OF THE REGULAR ISEETING ur-.LD JULY 10, 1973, and JULY 11, 1973._
The follozring corrections to the July 10, 1973 minutes were noted:
Page 2. Item B - Omit entire fourth paragraph beginning with "Frank
Smetana . . . . . (This per request by resident _to member
of Council)
Page 5 Fourth paragraph - second sentence should read: "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 c.-ould
be hard pressed not to grant a permit under present industrial_
zoning, if someone requested such."
Page 7. Item C. 1. Second line should read: "adopting Resolution No. 734
amending Section 10 of Article . . . . ."
Page 7. VI. ADDEIWUII ITMIS, Item 2, last line should read: "estimate for
the contract was $275,000."
A motion was made by 11r. Penzel, seconded by Mrs. aeyers, to adopt the
July 10, 1973 Village Council 2iinutes,as corrected. Motion carried
unanimously.
Councilwoman Meyers moved to adopt 11inutes of July 11, 1973 Village Council
Meeting. Councilman Penzel secanded. Motion carried unanimously.
II. SOUTIT HEPIIIEPI11 IIU1'IA11 SERVICES PLA1417114G BOARD.
Hr. Camillo DeSantis gave an oral presentation describing how and why the
organization was formed and that it included Edina, Richfield, Bloomington
and Eden Prairie. Each municipality has 4 members on the Planning Board.
The organization was able to assist the Eden Prairie United 14ethodist
Church in establishing Family Counseling Services for all people in our
community. Mr. DeSantis pointed out how much the churches in the four
communities are called upon for counseling in navy areas. The Board feels
Individual Family Counseling Services are definitely needed in the four
communities. Mayor Redpath stated that public information -- letting the
people of the corununity knots c71iat services are available -- needs to be
improved. 11r. DeSantis stated that the cormunities should be aware that
it may be necessary at some later date to come to the Vil .age Council or
other agencies for help in funding the program.
C0U2dCIL lxETING -2- JULY 24, 1973
- III. APPOI:JTMENTS:
A. Mayor's and School Board President's joint Appointment of members
of the Eden Prairie Drug Committee.
See attachment for list of members.
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IV. PUBLIC HEAR114GS:
A. Condor Corporation, request for rezoning from Rural District to I-2
Industrial Park for land west of Washington Avenue and south of
Valley View Road.
Par. Heinrich recommended that this request for rezoning be continued
until the August 14, 1973 meeting.
Action: Councilman Penzel moved to continue the public hearing of the
Condor Corporation to the August 14, 1973 meeting. Councilman
2cCulloch seconded. Hotion carried unanimously.
B. Creative Housing, Inc. requesting RI 13.5 zoning for 14 acres located
north of Duck Lake Trail and west of Shelter Homes' Eden Farms P.U.D.
Dick Putnam showed slides of the proposed project's location and discussed
maintenance of islands within cul-de-sacs and Tot Lot possibilities.
Action: 1. A motion was made by Mr. Penzel and seconded by Mr. McCulloch to
approve the first reading of Ordinance flo. 227. notion carried
unanimously. However, prior to the second reading proper
legal documentation should be submitted regarding the amount
of money contributed in lieu of dedicated park land.
2. mr. P e n z e l made a motion and Mr MCCuiloc h seconded to adopt
Resolution No. 741 approving preliminary plat for Creative
Housing, Inc.
C. Edenvale Plaza Shopping Center, proposed by Eden Land Corp. for 137,000 sq.
ft. community shopping center in the southeast corner of Baker/Iitchell
Road and Valley View Road.
Dick Putnam gave a slide presentation showing location of proposed
shopping center. Mr. Don Peterson of Eden Land Corp. pointed out that
peal: hours for Edenwest office space parking and shopping would be
opposite enabling overflow parkins from either to use other parking
facilities. Construction is planned to begins in 1973.
Action: Mrs. 21eyers made a motion and Mr. McCulloch seconded that the first
reading of Ordinance No. 228 approving reclassification to C-
Commercial; based on the following:
1. The June la, 1973 Planning Report recommendation that no
development occurs on the northwest corner of the site or on
the southern slope toward Purgatory Creek.
2. The developers do everything within their power to covplete,-,�
the shopping center in one phase.
3. An arrangement for maintenance of a siltation pond be made
between the Village and the Developer.
Motion carried unanimously.
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COUIICIL i1EETING -3- JULY 24, 1973
V. RESOLUTIONS & ORDINAIICES:
A. Second Reading - Ordinance No. 210, an ordinance regulating license
fees, permit fees and charges and amending ordinances setting fees
and charges.
Action: A motion was made by Wolfgang Penzel and seconded by John liccullcch
approving the second reading of Ordinance No. 210. Notion carried
unanimously.
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B. Resolution No. 742 replacing the Village ILanager as Director to
Suburban Rate Authority with the Village Engineer.
Action: Motion made by Mr. Penzel and seconded by Mrs. Meyers to adopt
Resolution No. 742. Motion carried unanimously.
C. Resolution 1-To. 743 establishing the continuance of the Major Center
Area Task Force and outlining the duties of the participants.
Action: Ziotion made by fir. Penzel and seconded by tits. Keyers to adopt
Resolution No. 743. Motion carried unanimously.
D. Item removed from agenda (Resolution No. 744) .
E. Resolution No. 745 endorsing the bill related to a sub-regional transit
system for the municipalities for four south suburban municipalities:
Eden Prairie, Edina, Bloomington, Richfield.
Action: (lotion was made by fir. Penzel and seconded by Mrs. Meyers to
adopt Resolution No. 745. Motion carried unanimously.
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS:
A. Report of Mayor:
rlayor Redpath and Mr. Heinrich discussed with council members Minnetonka's
proposed Community Development Guide Plan. Consideration will be given
to drafting a letter stating dissatisfaction with the proposed plan.
B. Report of Councilwoman Meyers:
Recommendations of Cable Television Study Commission
Councilwoman Meyers reported the recommendations of the Joint Powers
Study Commission. The question of joint franchising remains to be
resolved.
C. Reports of Village Engineer:
1. Letter received from the Preserve questioning vacating a:portion of
Franlo Road.
Action: A motion was made by I4r. Penzel and seconded by Mrs. Meyers to
adopt Resolution 11o. 740 ordering hearing for vacation of Franlo
Road between the proposed Ring Road and U.S. 169 on August 23, 1973.
Notion carried unanimously.
C2. Approve Change Orders No. 3 and 4 to Improvement Contract 51-250,
Project STR 72-3--05, Iiitchell Road & Valley View Road street
improvements, C. S. tkCrossan, Inc. , contractor.
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COUIICIL MEETING -4- JUL3l 24, 1973
Action: A motion was made by Mr. Penzel and seconded by Mr. McCulloch
approving Change Orders No. 3 and 4 to Improvement Contract 51-250,
C. S. McCrossan, Inc., contractor, in the amount of $1,530.00.
On roll call, all voted aye. Notion carried.
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3. Approve Change Order No. 2 to Improvement Contract 51-240, Project
SAN 72-1-13 Iitchell Heights Sub-Trunk Sanitary Sewer, Lametti &
Sons, Inc., contractor.
Action: A motion was made by Mr. McCulloch and seconded by 24r. Penzel to
approve Change Order No. 2 to Improvement Contract 51+-240, Project
SAN 72-1-13, Lametti & Sons, Inc., contractor, in the amount of
$3,170.00. On roll call all voted aye. Motion carried.
4. Approve final payment to Lametti & Sons, Inc. for Improvement Contract
51-240, Project SAN 72-1-13, Mitchell Heights Sub-Trunk Sanitary
Sewer.
Action: A motion by lira. iieyers and seconded by Mr. McCulloch to approve .
final payment to Lametti S Sons, Inc. in the amount of $177,757.00
less previous payments, for Improvement Contract 51-240, Project
SAti 72-1-13, subject to receipt of a complete release of all liens
which may arise out of this contract plus a one year maintenance
bond covering all work and commencing July 24, 1973.
5. Approve final payment to Lee Richert Plumbing & Heating, Inc. for
Improvement Contract 51-239, Project WTR 71-6-09, Uater Supper
Wells No. 1 and 2.
Action: A motion was made by Iir Penzel and seconded by Mrs Meyers to
approve final payment to Lee Richert Plumbing & Keating, Inc. , in
the amount of $135,163.00, less previous payments, for Improvement
Contract 51-239, Project WTR 71-3-09, subject to receipt of a
complete release of this contract plus a one year maintenance bond
covering all construction and equipment, commencing July 24, 1973.
D. Reports of Director of Parks & Recreation:
1. Bryant Lake Water Quality Analysis.
Mrty Jessen, Parks & Recreation Director spoke on the necessity of
a water quality study of Bryant Lake. Neighboring communities have
voiced their intention not to share our cost for the testing even
though an informal survey of users of the lake showed that an excess
of 50% were not Eden Prairie residents.
Action: Mr. Penzel made a motion and lira. Heyers seconded to authorize an
expenditure of up to one-half of $25,000.00 from Contingency Reserve
Funds for a eater quality study of Bryant Lake and its Vatershed
per the letter of agreement between the ?line Hile Creek Vatershed
District and the Village. Also that the Staff draft a letter with
appropriate information on the survey and the Ilayor deliver such I
letter to Minnetonka. On roll call all voted aye. tfotion carried.
COU2ICZL *'!FETING -5
JULY 24 1973
2. Purchase of Eugene and Janet Hanson property for Park Purposes.
Marty Jessen showed dratains of Staring Lake locating all property
now owned by the Village. Hanson property consists of 4.6 acres
and a home on the west side of Staring Lake.
Action: Mr. 1cCulloch moved and Mr. Penzel seconded that the staff be
instructed to come back to the Village Council on August 14 with a
contract to purchase the Hanson property for $72,000 on such terms
as they agree upon. All voted in favor of the recommendation.
3. Round Lake Tot Lot Concept.
Marty Jessen showed a drawing of a proposed Tot Lot at hound Lake
Park which the Eden Prairie Jaycees will construct, at a cost to
the Jaycees of from $800 - $1000. The Village need only supply
manpower to haul sand and have a tractor available with a post
hole digger. Mr. King, a member of the Jaycees organization,
was present and said they would begin the work soon if approved.
Action: Mr. McCulloch made a motion and Mrs. Meyers seconded to supply the
necessary manpower for hauling sand and the tractor with a post
hole digger to the Jaycees.
E. Reports of Village 11anager:
1. 11r. Heinrich gave the Council a report of various Staff projects
currently underway.
2. Establishment of Public Worlcs Utility Division.
11r. Heinrich discussed with the Council the necessity of establishing
a Public Wor1s Utility Division and the duties and capabilities of
the men presently employed.
Action: Mrs. fleyers made a motion and Mr. :McCulloch seconded to recommend the
establishment of a: Public Works Utility Division and incorporating
the Recommendations 1-7 in Merwrandum to Mayor and Members of the
Village Council from the Village Manager dated July 23, 1973. On
roll call all voted aye. Notion carried.
VII. FINANCES.
A. Payment of Claims No. 2261 through 2331.
Action: Ilrs. ?levers made a motion and Mr. Penzel seconded approving payment
of Claims No. 2261 through 2381.
fleeting adjourned at 12:45 a.m.
John D. F'rane