City Council - 09/11/1973 - Village Meeting HINUTES
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EDEN PRAIRIE VILLAGE COUNCIL
s TUESDAY , SEPTEiiBER 11 , 1 :73 7 . 30 P .i,i. VILLAGE HALL
Council liembers : Hayor Paul Redpath , Councilivronan Joan Meyers ,
Councilmen Uolfgang Penzel and Roger Boerger .
Absent was Councilman Jo's-In HcCul loch .
Council Staff: Village Manager Robert P . Heinrich
Village Attorney Harlan Perbix
Clerk John Frane
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I . i•lINE1TE5 OF REGULAR MEETING HELD AUGUST 28 , 1973 .
Page 3 , III . E . paragraph 1 : typo - explained .
Page 4, IIZ . F. paragraph 2 : should rea3: Mr. Penzel felt that
onl individual variances should be granted . . . .. . . .
Page 5 , - C : Item C should precede Item A since action was
taken on Item C first.
Page 7 , V I . C. 5 : Should read : lair . Heinrich reported that
iiinnetonka turned down with regret participation in the
4 Cooperative study by a new-sPaoer article . A motion was
made by i-irs . Heyers seconded- by mr. Penzel to instruct the
Manager to draft a letter to the Nine-11ile Creek Watershed
District requesting them to solicit Hinnetonka ' s financial
help for the Bryant Lake Cooperative Study. Carried.
Renumber pages starting after page J.
A motion was made by Ar. Penzel seconded by Mr. Boerger accepting
the minutes of August 28. 1973 , as corrected . Motion carried .
II . PUBLIC HEARINGS :
A. ilasters Condominiums by Weis Builders in Edenvale, request to
rezone to Rill Z . 5 for the construction of two 6-story condomin-
ium buildings totaling 99 units at 13 . 4 dwelling units per
acre.
After careful review and consideration of the present proposal ,
Mr . Penzel made a motion to continue the public hearing on the
rezoning request until October 9 , 1973 , to allow the proposal
to meet the requirements of the PUD concept for the site and
the Village PUD ordinance . Mr . Boerger seconded . Notion
carried unanimously.
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A motion was made by Mr . Penzel seconded by Mrs . Meyers that
the Village Council reaffirm the commitment to use approved for
the site in the 1970 Edenvale PUD . Motion carried unanimously.
Council Weeting -2- September 11 , 1973 '
i II . Public Hearings ( continued )
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B . Presentation of 1974 Annual 3udget.
iir . Heinrich reported that the Council members had received
the recommended budget on Friday , August 31 and have had tiro
work sessions to discuss it . Adoption of the budget is anti-
cipated on September 25 . Copies of the budget have been
available at the Village Hall and the E . P . library .
Mr . Heinrich stated that the budget has a mill levy up some-
what from 1973 . However , coupled with the school district ,
taxes for Eden Prairie residents , businesses and industry are
the lowest in the seven county wide area .
A motion was made by Mr . Penzel seconded by Mrs . Meyers to
receive the 1974 annual budget . Motion carried unanimously.
III . PETITIONS , REQUESTS AND CQ iRUNICATIONS
A. Petition from area residents requesting change of speed zone
` on County Road 4 north of State Highway 5 .
The Village has received similar requests for speed reduction
and Mr. Glenn Pleinke, an Eden Prairie resident , stated his
objections to the present speed . Mr . Heinrich stated that
there is still room for optimism in spite of the County ' s
letter of September 6.
A motion was made by Mr . Boerger seconded by Mr . Penzel to re-
ceive and file the petition . Notion carried unanimously.
B . Petition from Gelco requesting extension of utilities to the
Ge co Anderson Lakes site.
A motion was made by Nr .. Penzel seconded by Mrs . Meyers to
adopt Resolution No . 767 requesting the Village Engineer to
prepare a feasibility report for the extension of utilities
to the Gelco Anderson Lakes site . Motion carried unanimously .
C. Letter dated September 10 , 1973 from Olympic Hills regarding
Storm Sewer Project ST1 -4-I .
A motion was made by tars . Meyers seconded by Fir . Penzel to re-
ceive and file the Olympic Hills letter of September 10, 1973 .
M.-otion carried unanimously.
Council Heeting -3 September 11 , 1973
III . Petitions , Requests and Communications ( Continued )
D. Letter from Creative Housing Inc . dated September 7 , 1973 ,
offering a $6 ,000 contribution as a pars: donation in lieu
of land .
i-1rs . i•ieyers asked if plans on the $3400 play area had been
submitted to which Mr . Putnam said that none had been received .
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A motion was made by I1rs . tleyers seconded by Mr. Penzel to :
a . accept the $6000 contribution from Creative Housing , Inc .
as a park donation in lieu of land ;
b . order publication of Ordinance No . 227 ; and
c . instruct the staff to cost out the play area actually
constructed .
Motion carried unanimously.
IV. RESOLUTIONS AND ORDIfJANCES
A. Second reading , Ordinance No. 229 , for Basswoods Forest rezon-
i ng from Rural to RI-13 . S.
A motion was made by Mr . Penzel seconded by Mrs . Meyers to
approve the second reading of Ordinance No . 229. Motion
carried unanimously.
B . Second reading , Ordinance No. 230 permitting cash contributions
in lieu of land for public park use and open space consistent
with the provisions of 1973 State Statutes .
A motion was made by Mrs . Meyers seconded by Mr . Boerger to
approve the second reading of Ordinance No . 230. Motion
carried unanimously.
C. Second reading , Ordinance No. 231 for Prairie East Planned
Unit Development reclassifying approximately 21 acres from
Rural to RI-13 . 5 for 41 single family lots .
A motion was made by iir. Penzel seconded by Mr. Boerger to
approve the second reading of Ordinance No . 231 . Carried .
D. Second reading , Ordinance No . 232 changing street name of
Atherton Road within Atherton 2nd Addition to Chestnut Drive .
A notion was made by Mr. Boerger seconded by Mrs . Fleyers to
approve the second reading of Ordinance No . 232 . i•iotion
carried unanimously .
Council Fleeting -4- September 11 , 1973 .
IV. Resolutions and Ordinances ( continued )
E . Second reading , Ordinance iNo . 233 amending the ordinances
establishing the Planning Commission , Park and Recreation
Commission , and Human Rights Commission .
ix . Penzel reported that it was the Human Rights Commission ' s
recommendation that the mayor , a council person , and/or the
manager prepare a lesson to be presented to the high school
Anerican Garernment class with a pitch at the conclusion asking
for students to serve on the Commissions .
A motion was made by Mr. . Penzel seconded by Mr . Boerger amend-
ing Ordinance No . 233 by deleting Sections 1 and 2 , leaving
only Section 3 . Notion carried unanimously .
A motion was made by Hr . Boerger seconded by Mr. Penzel approv-
ing the second reading of Ordinance No . 233 . Motion carried .
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F. Resolutions for Special Assessment Hearings :
A motion was made by Nr. Penzel seconded by fir . Boerger adopt-
ing Resolution No . 764 declaring costs to be assessed and
ordering preparation of Proposed Assessments . Motion carried
unanimously .
A motion was made by i1r . Boerger seconded by 1•irs . Meyers
adopting Resolution No . 765 calling for a Special Assessment .
Hearing on Wednesday, October 3 , 1973 , at 7 :30 p .m . at the
Village Nall . notion carried unanimously.
V . REPORTS OF OFFICERS , BOARDS AND COMMISSIONS
A. Reports of Village Engineer :
1 . Approve final plat of Atherton 3rd Addition .
A motion was made by i4r . Penzel seconded by Mrs . Meyers
adopting Resolution No . 76G approving final plat of
Atherton 3rd Addi—t—T-o—n.
2. Approve final payment to American Contracting Corp .
A motion was made by Nr . Boerger seconded by Mr. Penzel to
approve final payment to American Contracting Corporation
for Improvement Contract 51-246 , Sanitary Sever Project
72-1-12 ( Nine 14i l e 1A Project) in the amount of
$52 ,501 . 90 less previous payments and subject to receipt or
lien waivers from all materials suppliers and subcontractors
plus one year maintenance warranty bond commencing Septem-
ber 11 , 1973 . On roil call , all voted aye . Motion
carried .
Council i•ieeti ng -5- September 11 , 1973
A. Reports of Village Engineer ( Continued)
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3 . Approve Change Order Nlo 2 and final payment to Peter
Lametti Construction Co . for Improvement Contract 51-245 ,
sanitary server and watermai n laterals for the Westgate area,
Fuller Road , and Lincoln Lane.
A motion was made by iir . Boerger seconded by Ors . Heyers
approving Change Order Nc . 2 and final payment to Peter
Lametti Construction Co . for I . C. 51-245 in the amount of
$311 , 661 . 70 less previous payments and subject to receipt
of lien waiver from all materials suppliers and subcontrac-
tors plus one year maintenance warranty bond commencing
September 11 , 1973 . On roll call , all voted aye . Motion
carried .
4. Approve final payments to Orfei & Sons , Inc . for Improvement
Contracts 51-242 and 51 -243 , sanitary sewer and watermain
laterals for Section II ( Franklin Circle , Edenwood Drive ,
Worth and South Hillcrest and Alpine Clay) and for Section
III ( Rainbow Drive , Park Terrace Drive, North and South
Lund and Oak Ridge Road . )
A motion was made by Hr . Penzel seconded by Mr . Boerger to
approve final payments to Orfei & Sons , Inc . for I . C.
51-242 ( Section II ) in the amount of $713 ,442 . 69 and for
I . C . 51-243 ( Section III ) in the amount of $494 ,692.71 , less
previous payments and subject to receipt of lien waivers
from all materials suppliers and subcontractors plus one
year maintenance warranty bond commencing September 11 , 1973
On roll call , all voted aye. Motion carried .
5 . Request from Carl Bolander & Sons Co . , grading contractors ,
or variance from the grading permit for the Eden Prairie
Center allowing work between the hours of 6 : 00 a .m. to
12 : 00 midnight rather than 7 :00 a .m. to 10 : 00 p .m.
A motion -was made by f:r. Penzel seconded by firs . Meyers to
approve the amendment to the grading permit for the Eden
Prairie Center allowing working hours of 6 : 00 a .m. to 12 : 00
midnight as requested in the letter from Carl Bolander &
Sons Co. dated September 6 , 1973 , for the months of Septem-
ber , Octcber and November, subject to reconsideration if
there are serious complaints about noise as determined by
the Village Manager . Notion carried unanimously.
S . Reports of Village i�ianager :
1 . Retention of George f•i. Hansen Co , to conduct 1973 Audit .
A motion was made by Mr. Penzel seconded by I'Irs . fleyers
authorizing George ii. Hansen Company to conduct the 1973
Audit . i iotion carried unanimously .
Council fleeting -6- September 11 , 1973
B . Reports of Village Manager (continued )
2 . Rea uest for authorization to rent cottage on Staring Lake
toHr. Brian Wilhelm at the monthly rate of $140 .
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A motion was made by i-Irs . f.leyers seconded by Mr . Boerger
authorizing the Village Hanager to rent cottage on Staring
Lake to flr . Brian Wilhelm on an oral month-to-month basis
at a rate of $140 per month with the tenant to pay for all �
repairs . i-lotion carried unanimously.
3 . Consideration of Bryant Lake ;dater Quality Analysis .
This item was withdrawn from the agenda .
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4 . Letter from Eden Prairie Lions Club dated September 5 , 1973
enc osing check to purchase signs for protection of
children .
A motion was made by l.lr . Penzel seconded by Mrs . Fleyers to
receive and file the letter and instruction the staff to
send a letter of commendation thanking the Lions for the
contribution . i-iotion carried unanimously.
5. notice of Government 0 erations Committee Hearing at
Normanda a State Junior College on September 17 , 1973 .
Mr . Heinrich urged Council members to attend to voice Eden
Prairie' s position to the legislators present.
C. Report of Vi 11 age __Cl erk :
1 . Village Clerk ' s Recommended License Application List
dated September T1 , 1973 .
A motion was made by Mrs . Meyers seconded by fir. Penzel
approving License Application List of September 11 , 1973 .
Motion carried unanimously .
VI . FINANCES
A. Payment of Claims Mo . 2557 - 2633 .
A motion was made by fir . Penzel seconded by firs . 111eyers approv-
ing payment of Claims No . 2557 - 2633. On roll call , all
voted aye. fiotion carried .
3 . Cash and Investment Report .
This item was held over until the next meeting so that the
report could reflect the addition of Claim No . 2633 .
i•ieeting adjourned at 9 :40 after which a Hrork session etas. held on
the 1974 budget .
Suzanne K . Lane , Deputy Clerk