City Council - 10/23/1973 - Village Meeting MINUTES
EDEN PRAIRIE VILLAGE COU14CIL
TUESDAY , OCTOBER 23 , 1973 7 :30 P. M. VILLAGE HALL
Council Members : Mayor Paul Redpath , Joan Fieyers , Wolfgang Penzel ,
John McCulloch , Roger Boerger
Council Staff: Village Manager Robert P. Heinrich
Village Attorney Harlan Perbix
I .IJINUTES OF THE REGULAR +MEETING HELD OCTOBER 9 1973 and SPECIAL
ASSESSMENT HEARING HELD OCTOBER , 1973 .
September 25 2973 Minutes :
Page 8, last paragraph : The question was raised regarding the
Feeders proposal and Mr . Heinrich reported t at the evening ' s
agenda- . . . . . . .
October 3 , 1973 Minutes :
A motion was made by Pars. Heyers seconded by Mr . Penzel to accept
the minutes of the Special Assessment Hearing held October 3 , 1973,
as published. notion carried unanimously.
October 9 , 1973 Minutes :
age 2, IV. B. -or. _ ei nrich reported that it was the Metro Council's
Transportation Committee ' s proposal to cut t roug . . . . . . . .
Page 4 , V . A. Last paragraph : A motion was made by Mr. McCulloch
seconded by wars. Meyers authorizing Fire Chief Ray Mitchell to
indicate . . . .
r•
Page 5 , V . B. 3 .-Last three lines should read : . . . . . . . .an inter-
change at Valley View Road and County Road 18 with no direct
financial expenditure by Eden Prairie. Motion carr a unan -
mous y.
The motion was made by Mr . Boeeger seconded by Mr . Penzel to accept
the minutes of October 9, 1973 , as corrected . Motion carried
unanimously.
II .PUBLIC HEARINGS :
A. Condor Corporation re uest for rezonin from Rural to I2-PRK
or the westerly , + feet behind the 00 foot strip along tlash-
ington Avenue, currently zoned I2-PRK.
A motion was made by Fir . Penzel seconded by Mr. Boerger to con-
tinue the public - hearing on the Condor Corporation request for
rezoning until November 13 . P--lotion carried unanimously.
Council Meeting -2- October 23 , 1973
` II .PUBLI C HEARINGS ( Continued)
B. lusters Condominiums by Weis Builders in Edenvale , request to
rezone to RIM
A motion was made by Mr. Penzei seconded by Mr. Boerger to con-
tinue the hearing on Hasters Condominiums until November 13 .
Motion carried unanimously.
III .PETITIONS , REQUESTS AND COMMUNICATIONS :
A. Petition from Fairway Mood Condominium #1 Homeowner ' s Associa -
tion a ed September
It was the Council ' s feeling that the Edenvale sign at Highway
5 and Mitchell Road was adequate signing. Further , if this
request were granted , other requests might be submitted result-
ing in possible signing at all intersections along Highway 5 .
A motion was made by Mr. McCulloch seconded by Mr. Penzel to
deny Fairway Wood Condominium #1 Homeowner' s Association ' s re-
quest for signing en Highway 5 at Mitchell Road. Motion car-
ried unanimously.
B . Letter from Animal Humane Society dated October 15 , 1973 .
An invitation will be extended to the Society to have a repre-
sentative attend a Council meeting to outline their program.
IV.REPORTS OF OFFICERS , BOARDS AND COMMISSION :
A. Reports of 14ayor :
1 . Appointments
Fir. Redpath reported that no letter has been received from
Mr . Casey of the Planning Commission although his intent for
resignation is known.
A possible candidate to become a member of the South Suburban
Human Services Commission will be approached by Mayor Red
path.
2. Discussion of Work Session Neeting with John Boland Chair-
man , Metropolitan Council .
Mr. Boland met with the Village Council Thursday, October 18
and explained the Metro Council ' s position. He requested
that municipal officials present themselves and support any
Hetro bills in- which the Village is in favor.
Council Meeting -3- October 23 , 1973
z
IV.B . Report of Councilman Penzel : s
- s
I . Report on South Hennepin Human Services Plannin Board
Activities .
That as of October 1 Flichael Faulkner will have assumed the
responsibilities of Executive Director of Human Services
was reported by Mr. Penzel . A budget of $78 ,000 will be
sought of which $28,000 is budgeted for staff and supplies
and the remainder intended for the purchase of services .
A subcommittee was appointed to investigate how to promote
future finances. This subcommittee met Monday, October 22, b
and discussed an approach of how to get funding through the
County Rental Health program.
The subcommittee requested the mayor and Council to send a
letter to the County Commissioner, Tom Ticen, with copies
to other commissioners citing the fact that the Board ' s
chairman appeared before the Council earlier this year;
declaring the impression made so far; and stressing the
recognition of the need in this area and the desire of
residents for this type of service in the future.
C. Report of Village Attorney:
1 . Resolution No . 778 authorizing acquisition and/or condemna-
tion of certain parcels for the major Center King Road
alignment.
Wr. Perbix stated that the Resolution will cover the six
homes in the Leona addition. For tax reasons , the property
owners wanted a statement that if they did not sell , their
property would be condemned. Further, that the selling
price will be higher than the market value because intangi -
bles are written into the contracts. An agreement has been
reach with Gerald Lund , 11307 Leona Road and other contracts
are being negotiated.
The motion was made by Mr . Penzel seconded by Fir. Boerger to
adopt Resolution No. 778 authorizing acquisition and/or con-
demnation of certain parcels for the Major Center Ring Road
alignment. Motion carried unanimously.
A motion was made by ter. Penzel seconded by Mrs . Meyers
approving the agreement to purchase the Gerald Lund property,
Lot C Block 1 of the Leona Second Addition, in the amount of
$44 ,600. On roll call , all voted aye. Notion carried.
l
Council Weeting -4- October 23 , 1973 r
IV . D. Report of Deputy Clerk:
1 . Resolution No . 779 amending Resolution No . 775 .
A motion was made by Mrs . Heyers seconded by Air . Penzel to
adopt Resolution No . 779 substituting Mrs . Sally Brown for
Mrs . Mildred Clark in District 3 and Mrs . Shirley Jellison
for i-]rs . Evelyn Rogers in District I as election judges
and counters , amending Resolution No . 775. Notion carried
unanimously .
E . Report of Parks & Recreation Director :
1 . Consideration of Snowmobile Trail Plan .
7
Mr. Jessen explcined that the trail plan would be an experi -
mental program commencing December 1 , 1973 and ending March
31 , 1974. The trail would have a north/south route through
the Village starting at the river, through MAC property,
along Purgatory Creek, through Edenvale to Birch Island Park .
Property owners along the route have been notified and most
have granted permission on a preliminary basis . 65% of the
cost would be sought from the State while the remaining 350%
would be borne by the Community Snowmobile Clubs which would
volunteer to construct and maintain the trail .
Questions were raised by the Council regarding the Village
., liability and concern expressed over the crossings at Highway
5 and Valley View Road . These would be investigated prior to
final approval .
The motion was made by Mr. Penzel seconded by Air. Boerger to
approve the Trail Concept and authorize the application for
"Snowmobile Trail Funds" to implement the plan pending satis-
factory resolutions to the crossing of Highway 5 question
and exploration of "park and ride" facilities. Motion car-
ried unanimously.
2. Consideration of Winnetonka Community Education By-Laws .
A motion was made by Mr. Penzel seconded by Mrs . Meyers to
authorize the payment of $100 for 1974 per prior agreement.
Motion carried unanimously.
F. Reports of Village Manager :
1 . Authorize additional units of work at the Water Treatment
Plant site per Village Engineer ' s demo dated October 1 , 1973.
A motion was made by Mr. Boerger seconded by Mr . Fenzel to
approve the expenditure of $3 , 625 for sodding, concrete curb
and gutter and metal lettering at the Water Treatment Plant
site. On roll call , all voted aye. Notion carried .
• Council Meeting -5- October 23 , 1973
IV. F. Reports of Village Manager (Continued)
2 . Discussion of resolution_ requesting Metro Council to restrict
the expansion of t e Metro ewer interceptor Pro ram and to
consider the Minnesota Toll-Bridge ut ors uestion because
of their oecf f -upon regz6h growth and total metro debt .
The motion was made by Mr. Penzel seconded by Mrs . Meyers to :
a . urge the Metropolitan Council to restrict the expansion
of the Metropolitan Sewer Interceptor Program and to
seriously consider the Minnesota Toll Bridge Authority
question because of their effect upon regional growth , f
total * metropolitan debt , and ecological damage of
such construction; and
b. instruct the staff to pursue this point of view and in-
form any interested of our stand .
Motion carried unanimously.
3 . Superintendent Robert Fallon ' s letter thanking the Village
Staff for the road construction behind Forest Hills School
dated October 18, 1973 , was acknowledged . Also mentioned
the the letter of thanks from Chamber of Commerce president ,
Dr. Ben Bofenkamp, dated October 19, 1973.
4 . Letter from the Preserve dated October 22 , 1973, requesting
a liquor license.
A motion was made by Mr. Penzel seconded by Mr. Boerger to
receive and file The letter of request for a liquor license
from the Preserve. Notion carried unanimously.
5 . Mr . Perbix reported on the suit brought against the Village ,
Kurtz and Shultz . A hearing was held last Friday
.October 19 for temporary injuction which the judge took
under advisement. It was expected that a ruling would be made
sometime during the week of October 22.
G. Report of Vi l 1 age Clerk:
1 . Village Clerk ' s recommended License Application List dated
October 23 , 1973 .
A motion was made by Mr. Penzel seconded by Mr. Boerger to
approve the License Application List dated 10/23/73 , exclud-
ing the plumbing applicant, Edward C . Heins Plumbing and
Heating . Motion carried unanimously.
V. FINANCES :
A. Payment of Claims No. 27,75 - 2$73.
The motion was made by 14r . Penzel seconded by Mr. Redpath to
approve payment of Claims No. 2775 - 2873 . On roll call , all
� voted aye . Motion carried .
The meeting adjourned at 10: 00 p .m. with Mr. Penzel making the
motion and Mr. Boerger seconding . Motion carried .
Suzanne K. Lane , Deputy Clerk