City Council - 08/14/1973 - Village Meeting x s^
N1 i3UTES
EDEN PRAIRIE VILLAGE COUP!CIL
TUESDAY , AUGUST 14 , 1573 7 :30 P .M. Village Hall
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Council rieni hers : i-layor Paul Redpath, Councilwoman Joan Meyers ,
Councilmen John Ul.cCulloch , Wolfgang Penzel , and
j Roger Eoerger.
Council Staff: Village Nanaaer Robert P Heinrich
Village Attorney Harlan Perbix
I . '4INUTES OF REGULAR PIEETI$"!G HELD JULY 24 , 10,73.
The following corrections were made :
Page 2 , IV .S . 2 : 1•7r . Penzel made a motion and '1r. McCulloch
seconded adopt Resolution 741 . . . . . . .
Page 4 , VI . C . 5 : A motion was made by Mr. Penzel and seconded by
Nrs . Ne,yers to approve final payment. . . . . . . . .
A motion was made by sir . Penzel seconded by Mrs . Meyers to approve
the minutes of July 24 , 1973 , as corrected . All voted aye ; motion
carried.
II - PUBLIC HEARINGS :
A. Condor Corooration request for rezoning from Rural District to
I -2 Industrial Park for land west of Washington Avenue and south
of Valley View Road .
fir. Ray -laculans explained the roadway system of the Smetana
Sector Study and conluded by saying that the roadway proposed
by Condor through the center of their property was workable .
It was explained that the two buildings proposed on the front
of the property could be built without further rezoning. Mr.
Smuda of Condor stated that work would not be started on the
four-building project until the entire area is rezoned and the
question of the 40 foot road vacation is resolved .
Because the revised site plan had not been reviewed by the Plan-
niag and Zoning Commission and the Sector Study not completed ,
a motion was made by tlr . Boerger seconded by fir. Penzel to con-
tinue action on the request for rezoning by Condor Corporation
until August 28 . Motion carried unanimously.
B . Public hearing on the Preliminary Plat of Hipp' s Mitchell Hghts
2nd Addition .
Mr. Jullie explained that the project consists of single family
residential homes and that a variance would be needed allowing
four additional lots on the plat. He further stated that open
space would be provided to the east of the project when that
( area was eventually platted for multiple dwellings .
Council Neeting -2- August 11 , 3973
• Mr. Penzel voiced a concern that perhaps the open space to the
east might not remain open space if the property changed hands .
Methods to insure this were discussed--Village acquisition ,
performance bond . :-ir . Putnam interjected that open space to
the south of Hipp ' s in the Zachman project will also be avail -
able to the families of the single family project .
Other questions in the minds of the Council were the maintenance
and use of Outlot C--a pathway between the single family and
multiple dwelling areas ; homeowners association , its members ,
and their privileges . Hr. Heinrich stated that the PUD which
has been approved would have to be adhered to. f/
Because the question before the Council was in regard to a vari -
ance waiving the two lot per acre maximum density requirement,
Hr. Boerger moved Mr. Penzel seconded that Resolution No. 744 be
adopted approving the Preliminary Plat of Hipp ' s FRitchell
Heights 2nd Addition. notion carried unanimously.
C. Consideration of site flan for Eden Prairie Center.
A slide presentation was made by Herb Baldwin , David Stout , and
Dale Hamilton shoving site schematics , landscaping, etc. Mr.
Putnam highlighted his staff report of August 13 , 1973.
A motion was made by Mr . Penzel seconded by Hrs . Meyers adopting
Resolution No . 752 approving Eden Prairie Center site plan dated
August 14 , 1073 , with exceptions listed in the Resolution and
including the Planner ' s report of August 13 , 1973 . Motion car-
ried unanimously.
D. Approve grading plans for Eden Prairie Center.
A motion was made by i4r . Penzel seconded by Mrs . Meyers approv-
ing the grading plans for the Eden Prairie Center and granting
Homart Development Co . an excavation permit in conformance with
the applicable requirements of Village Ordinances No. 142 and
No . 226 but allowing work between the hours of 7 : 00 a .m. to
10 :00 p.m. Motion carried unanimously.
III . PETITIONS , REQUESTS AND COMMUNICATIONS :
A. Letter dated July 25 , 1973 , from Mine Mile Creek Watershed Dis-
trict .
Hr. Penzel made a motion referring the letter to Village Manager
for study and recommendation. Mr. Boerger seconded. Motion
carried unanimously.
S . Letter dated August G 1973 from the Metropolitan Council re :
di nnetonka ompre ensi ve an T ev ew.
A motion was made by Hr. Boerger seconded by fYir. Penzel to re-
ceive and file the letter and to instruct that staff to keep
tabs on the time schedule . Motion carried unanimously..
Council Meeting -3- August 14 , 10,73
A motion was made by Mrs . ieyers seconded by f•ir . Penzel direct-
ing the Village :•tanager to draft a letter to the Metro Council
and .;innetonk-a Manager informinn them of the initial reactions
of the Eden Prairie Council and Mayor to the Ninnetonka plans
presented at the public meeting . Votion carried unanimously.
C . Letter from Calvin An6erson regardinq Project STR 72-9-26 .
A motion was made by i,,r . Penzel seconded by ;-lr. Boerger to re-
ceive and file Or . Anderson ' s letter of August 9 , 1973 . Notion 1
carried unanimously.
I V. RESOLUTI ON'S AND ORDI NAHCES :
A. Second Readi nq - Ordinance N'o . 228 , an ordinance approving re-
classification for Edenvale aza Shopping Center , proposed by
Eden Land Corp. , to C-Commercial .
A motion was made by fir . Penzel seconded by Mrs . Meyers approv-
ing the seconding reading of Ordinance no. 228 but withholding
publication until arrangement for ma ntenanc,e of the pond is
effectuated. Motion carried unanimously.
V.REPORTS OF OFFICERS , BOARDS AND CONNISSIONS :
A . Reports of Village Engineer :
1 . Consideration of bids on Improvement Contract 51-255 , Projects
N' 73-1-04 and NITR 73-2-04 . Sanitary seater and via erma n
laterals or Kings Court Ist and 2nd Additions (Canterbury
Lane , Crown Drive and Castle Lane) .
Hr. Jullie explained the summary of bids and stated that the
bid is 12% lower than the estimated cost presented at the
hearing . Work will begin in the Fall .
A motion was made by i1r . Boerger seconded by Mr . Penzel
adopting Resolution No. 746 accepting low bid of F. Q . Chap-
man Construction in the amount of $90,552.65 for Improvement
Contract 51-255. On roil call , all voted aye. Motion
carried .
2. Consideration of bids on Improvement Contract 51-256 Projects
S N 73-1-12 , WTR 7.1-2-12 , an - -1 . Sanitary sewer,
watermain , and street surfacing on Hiawatha Avenue from
Scenic Heights Road to 1 /4 mile south.
It was explained by Per . Jullie that bids were submitted
including and excluding concrete curb and gutter. Since the
additional cost for curb and gutter would be only $200 the
residents of the area viere polled . Of the 14 families , 10
were now in favor of curb and gutter , 2 not in favor, and 2
could not be contacted .
Council Fleeting -4- August 14 , 1Q73
In answer to a query from Or. Dennis Truempi , 8326 Hiawatha
Avenue , i!r . Jul l ie stated that it has been the Village ' s
practice to only assess once on streets .
A motion was made by Hr . Penzel seconded byfr. Qoercter to
adopt the revised Resolution 11o . 747 accepting low bid on
,'alternate B (ttith concrete curb ant: gutter ) of Chris Con-
struction Company , Inc . , in the amount of $70 ,619. 10 for
Improvement Contract 51-25c . On roll tali , all voted aye .
Viotion carried .
3 . Receive Feasibility Report for Storrs Sewer Protect STM
73-4-17 , fleill Lake Drainage Study. This feasibility report
was prepared by Barr Engineering Co . per authorization of
the Village Council on April 24 , 1973 .
A motion was made by 'Ir. McCulloch seconded by Mr. Penzel
adopting Resolution N . 748 receiving the feasibility report
for Project 11-1 73-4-17 and ordering a public hearing for
7 :30 p.m. , August 28 , 1973. Hotion carried unanimously.
4. Approve final plat of Hippis Mitchell Heights 2nd Addition .
The plat s oca a etween Hiawatha Avenue and Nitcheload
in Section 16 .
A motion was made by Mr. Boerger seconded by Mr. Penzel
adopting Resolution No. 749 approving the final plat of
Hippos Oitchell Heights 2nd Addition .
5. Approve final plat of Edenvale 6th Addition . This is a single
family residential plat located w thin the Edenvale
PUD, south of the King' s Court 2nd Addition .
A ;,lotion was made by iir. Penzel seconded by !1rs . 6eyers to
adopt Resolution No . 750 approving the final plat of Edenvale
Eth Addition based on 65e recommendations of the Engineer ' s
Report of August 8 , 10073 , and the change in the variance
which will read as follows :
Variance is herein ggranted frost Village Ordinance No. 235
allowing 5 foot minimum side yard setbacks on ona side and
15 foot total side yard setbacks on both sides combined
and waiving the 20 foot rear yard minimum setback for the
lots abutting outlots intended for open space.
;lotion carried unanimously.
6 . Approve final plat of Edenvale 7th Addition . This is a single
family residential plat (. ; located hi n the Edenvai e
PUD at Woodhill Trail and ',doodland Drive .
A motion :•as made by ;ir .. Penzel seconded by Nr .. Boerger to
adopt Resolution ;?o . 751 approving the final plat of Edenvale
7th Addition subject to the recommendations of the Engineer 's
Report of August `, , 1073 . i;otion carried unanimously.
a
n?Y
Council i•leeti nc -5- August 14 , 1973
7 . Approve Change 1rder i:o . 2 to Ir.orovement Contract 51-251 ,
Project t! 71 -3C , dater Plant Construction by G . I .
Johnson 3 Son for electrical entrance modifications .
A notion was made by t:r . 3oerger seconded by Mrs . Meyers
approving Change Order Co . 2 to Improvement Contract 51-251
in the amount of approximately $17 ,000 for electrical
entrance .codifications . Can roll call , all voted aye . Hotion
carried .
3 . Reports of Director of Parks and Recreation :
I . Tree Disease Ordinance - First reading of Ordinance No . 186.
A motion was made by iar. McCulloch seconded by "Ir . Penzel to
approve the First Readinq of Ordinance Mo . 136 . Motion
carried unanimously .
2. Eden Prairie Athletic Association Hockey Rink Request.
tir . Jessen reported that this request had received a positive
reaction from the Park and Recreation Commission. Hr . Red-
path stated that since two rinks were already available and
other sports lacking in adequate facilities , priorities
would have to be determined .
A motion was made by firs . Meyers seconded by Mr. Penzel to
include the EPAA request in the 6 Year Capital Improvement
Program to be considered in September . Notion carried
unanimously.
3. Hennepin County Leaf Composting Operation : request for per-
m t to operate in the Village of Eden Prairie.
The operation was explained and the idea well received by
the Council ; however , there was concern about the increased
possibility of littering . It was felt that strict controls
should be enforce' .
H motion was made by Hr . Eoerger seconded by r1r . ficCulloch
to approve the Hennepin County Leaf Composting Operation on
land o:vned by Wallace Hustad , iyinq d.est of Homeward Hills
Roau . Motion carried unanimously.
4. Purchase of Eugene Hanson Property for Park Purposes .
A motion was rude by 4r. Penzel seconded by Mr. iicCul l och to
purchase the Eugene Hanson property at Staring Lake for park
purposes at a price of 172 ,O00 with $25 ,000 due immediately
and the balance on a Contract for Deed per the report of the
Park and Recreation Directors and to authorize execution of
the contract by the Na,vor and Village "tanager . On roll call ,
all voted aye . iiotion carried .
Council il.eeting -G- august 14 , 1973
S . Temporary Service Road to serve Forest Hills School .
iir . Jessen explained the present situation and the two pos-
sible alternatives . He further stated that a report from
his office was fortrcomina .
3
It was agreed by -the Council to continue discussion of this 1 .
matter at the August 23 meeting and at the joint meeting
of the Council and School Board on august 30.
C. Reports of Village Ulanager :
I . Set Work Session dates for 1974 Annual Operating Budget and
Year Capital Improvement Program.
r1r. Heinrich reported that the hearing on the budget was
tentatively set for September 11 , 1973 . Work sessions will
be held after September 1 .
2 . Discussion of Motorcyle Patrol .
Comments for and against such a patrol were made by Council
members . It was requested that fir. Hacking discuss the re-
quest with the Council .
3-. Studies are being made on homeowners associations and an
or finance on home security.
D. Reports of the Fla or :
I . Discussion of youth participation on Advisory Boards and
Commissions
The problem which exists is that since the youth are voting
members of the boards and commissions they are included in
the quorum count. If their interest dissipates, their
attendance is not always regular possibly preventing action.
This situation will be discussed at the August 30 joint
meeting of Council and School Board .
E. Reports of the Village Clerk :
1 . Vi "lla a Clerk ' s Recommended License Apelication List dated
August 14 , 1973 .
A motion was made by Mr. Penzel seconded by 11rs. Neyers to
approve the License Application List dated August 14 , 1973.
Notion carried unanimously.
Council Meeting -7- August. 14 , 1973
VI . FINANCES :
A. Payment of Claims No . 2382 through 2491 .
A motion was made by i1r. Penzel seconded by fir. Redpath approv-
ing payment of Claims tlo . 2362 through 2491 . On roll call ,
all voted aye. i;otion carried.
The meeting was adjourned at 1 :00 a .m.
Suzanne K. Lane, Deputy ClerF