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City Council - 11/13/1973 - Village Meeting gt iIINUTES EDEN PRAIRIE VILLAGE C.0U11C.IL TUESDAY , NOVEHBER 13 , 1973 7 :30 P . r.l. VILLAGE HALL Council Members • l"ayor Paul Redpath , Joan N.-Ieyers , John McCulloch . Wolfgang Penzel , Roger Boerger Council Staff : Village Manager Robert P . Heinrich Village Attorney Harlan Perbix I -MINUTES OF REGULAR HEETING HELD OCTOBER 23 1973 AND SPECIAL . WEFT ' HELD NOVEH ER 7 , 1973. October 23 , 1973 Minutes : A motion was made by fir . Penzel seconded by Mrs . Meyers to accept the minutes of October 23, 1973 , as published . Motion carried unanimously. s November 7 , 1973 Minutes : District I ballot count for mayor should read : David 1-1. Osterholt 248 ; Paul R. Redpath 261 . A motion was made by Ar. Penzel seconded by Mr. Boerger to accept the minutes of -the Special i-leeting of November 7 , 1973 as corrected. Motion carried unanimously. II PRESENTATION BY iiR. ROGER 1.1 HYGAARD, EXECUTIVE DIRECTOR, HENNEPIN COUN H Ur• N1E SOCIETY. - 1 Mr. Nygaard was invited to appear before the Council to acquaint the members of the Society ' s objectives prior to the Council ' s approval of the Society ' s request for $175 . The objectives as stated by Nr. Nygaard are the cooperation in the enforcement of State laws pertaining to cruelty to anitrals ; rescue , care and dis- position of homeless ,unwanted and mistreated animals; and education of the public in the prevention of cruelty to animals . III . BID AWARD. Award ds for the following: G. .► . Pumper. 2. Step Van Rescue Vehicle. 3. Three Public Safety Vehicles and One Staff Vehicle. A motion was made by Mrs . Heyers seconded by Mr. Penzel awarding the lowest and best bid in the amount of $52 ,620 to the General Safety Equipment Company, Borth Branch , Minnesota for one 1250 GPM Pumper. On roll call , all voted aye. Motion carried . A motion was made by Hr. Penzel seconded by Mr. Boerger awarding the bid for one Step Van Rescue Vehicle in the amount of $7 ,338 .31 to Suburban Chevrolet , the only bidder meeting the specifications . On roll call , all voted aye. .Motion carried . ` A motion was made by Mr . Boerger seconded by Mrs . Heyers awarding the lowest and best bid in the amount of $14 , 269 to Golden Valley Chrysler Plymouth for three Public Safety vehicles and one inter- mediate staff vehicle. On roll call , all voted aye . Motion carried. Council Meeting -Z- November 13 , 1973 d IV . PUBLIC HEARINGS . A motion was made by I•irs . Meyers seconded by Mr . McCulloch to con- tinue the public hearing on Condor Cor oration until the meeting of February 12, 1974 . I-lotion carried unanimously. tir . Heinrich stated that a meeting would be held Saturday , Novem- ber 17 , 10 : 30 a .m. at the Masters Condominium site in Edenvale with adjacent neighbors . A motion was made by Mr. Penzel seconded by firs . Heyers to continue the Oasters Condominium hearing until November 27 . Motion carried unanimousTy. ` A. Hustad Development Corporation ' s request for rezoning of 12 single family lots from District' Rural to R1-13 . 5 in Prairie East and preliminary plat approval . Official hearing was held before the Planning Commission on November 6 , 1973. ilr. Bill Bonner explained that the original PUD indicated the area to be used for a townhouse development. Hustad was re- questing a change to enable the development of twelve single family units . All development east of the greenway system would then be single family. No variances would be required as the lots are all in excess of 13, 500. When the final plat is submitted a small greenway system or sidewalks would be provided for the landlocked lots . A motion was made by Mr. Boerger seconded by Mr. Penzel to approve the first reading of Ordinance No . 237 which approves the rezoning of 12 single family lots from istrict Rural to 111-13 . 5. Motion carried unanimously. A motion was made by Mr. Boerger seconded by Mr. Penzel to adopt Resolution No. 781 approving the Prarie East preliminary plat or a 1Z lotsingle family sub-division subject to the three recommendations made in the Planners report of October 31 , 1973 , and the recommendation in the Engineer ' s report of November 6 , 1973. I-lotion carried unanimously. B. Anderson Lakes Condominiums , McGlynn-Garmaker Company ' s request or rezoning to n conformance with P. U. D. 73-03 . Mr. Reed Becker described the proposed 121-unit project. The structure comprising two and three bedroom units wraps around the hill utilizing the natural contour . The recreational build- ing , said Mr. Becker , is situated behind the main building. 245 parking spaces are provided underground and 19 guest parking spaces servicing the recreational building. 4. , The concrete building will have an exterior of brick with cedar trim and shakes . A natural barrier of fencing covered with plant vegetation on both sides will prevent access to the lake area . Land between the barrier and lake will be dedicated . Land to � the northwest of the building will be open space. AP Council I•ieeting -3- November 13 , 1973 IV. B . Anderson Lakes Condominiums ( continued) IL ldhen discussing the fire safety, 11r. Becker stated that the fire road circling the building "ould be plowed and controlled by the homeowners association . Mr. Sherman reported that according to the Uniform Building Code sprinklers would be required. This code would have to be examined more closely said Mr. Heinrich to determine if it applies to this project. Mr. Garmaker stated that if decided that sprinklers were necessary, the developer would abide by the code and install the sprinklers throughout the building rather than just in the underground parking area . . A motion was made by Mrs . Meyers seconded by fir. Boerger to approve the first reading of Ordinance No . 238 , approving rezon- ing of 12. 7 acres to R1•1-2. 5 i n—conformance with amended P. U. D. 73-03 . Voting aye were Mayor Redpath , furs. Meyers , Messrs . Penzel and Boerger . Voting nay was Mr. McCulloch . Motion car- ried. A motion was made by ter. Penzel seconded by Mr. Boerger authoriz- ing the Village Attorney to draw up a contract to be signed by the Village and developer incorporating the 5 recommendations set forth in the November 6, 1973 , Planning Commission report ; and the 5 recommendations listed in the Park and Recreation Com- mission report of October 22, 1973 ; and the resolution to the fire code question. The contract is to be finalized prior to the second reading of Ordinance 11.Io . 238. All voted aye with the exception of Mr. McCulloch , wffo voted nay. .Motion carried. " V. PETITIONSIREQUESTS & COi+IMUNICATIONS. A. Letter dated October 16 1973 from Riley Purgatory Creek Water- shed is ric . A motion was made by fir. Boerger seconded by firs . Meyers to refer the Riley Purgatory Creek Watershed District letter of October 16, 1973, to the Village Manager for action. Motion carried. B . Letter noted as received October 30 1973 , from Mr. Edward Ga raith , Attorney . A motion was made by Mr. Penzel seconded by Mr. Boerger referring to the Village Attorney for action Mr . Edward Galbraith ' s letter noted as received October 30, 1973 . Motion carried unanimously. C. Letter dated August 21 , 1973 , from Mr . Robert P . Boblett. A motion was made by fir. Penzel seconded by furs . "eyers to re- ceive and file Mr. Bobl ett ' s letter of August 21 , 1973 . rloti on carried unanimously. D. Letter dated November 2 , 1973 , from Lower Ili nn . River Watershed District. A motion was made by Mrs . Meyers seconded by Mr. Penzel to accept 1-and refer to the Manager for action the Lower Minn. River later-shed District ' s letter of November 2, 1973. Motion carried. Council Weeti ng -4- November 13 , 1973 s V .Petitions , Requests & Com.muni cations ( Continued) E . Acknowledgment of receipt of Liquor License application by Mr . John Suback for a restaurant to be located on the southwest corner of Mitchell Road and Martin Drive in Edenvale. No action required . F. Consideration of variance for construction of an industrial building for Roth Distributing Company, Inc . in Edenvale . Illustrated by the Roth representative was the position of the building due to the railroad track placement to the building and the NSP easement. The staggered faced structure would have a 30 ' setback at one point, 40 ' at another, and 75' at another. Shifting of the building would not eliminate the poor soil problem but would create problems with the truck lanes and placement of railroad tracks . Mr. Penzel stated he discussed the decision of the Board of Zoning Appeal with one of its members . It was their feeling that this was not an unusual circumstance as there are other pieces of land with the same problem. I►fr. Peterson of Eden Land Corporation replied that no other lot. had all three problems of poor soil conditions , NSP easement and RR easement. A motion was made by tar. Boerger seconded by Mr. Redpath grant- ing a 30 ' setback variance to Roth Distributing Company for Lot 5 Block 2 in Edenvale Industrial Park. Notion carried with Mayor Redpath, iirs . Meyers , and ilr. Boerger voting aye; Messrs. Penzel and McCulloch voting nay. VI .ORDINANCES AND RESOLUTIONS : A. Resolution No. . 780 , approving Joint purchasing with Hennepin County for diese fuel oil , heating fuel and gasoline. A motion was made by Mr . Penzel seconded by Mr. Boerger adopting Resolution No: 780 , approving Joint purchasing with Hennepin County for Mesel fuel oil , heating fuel' and gasoline. Motion carried unanimously. B . Resolution No. 783. A motion was made by Mr . Boerger seconded by Mayor Redpath to adopt Resolution No. 783 relating to the participation in the Suburban Hennepin County Nursing District. Motion carried unanimously. Council iieeting -5- November 13, 1973 "- VII . REPORTS OF OFFICERS , BOARDS AND COMMISSIONS : Mayor Redpath reported that Mr. Casey had resigned from the Plan- ning Commission and he was still searching for a representative for the South Hennepin Human Services Planning Board . A motion was made by I.1rs . 1-1eyers seconded by Mr. Penzel nominating 14ailand E. Lane , Jr . , to fill the unexpired term of Patrick Casey on the Planning Commission. A motion was made by Mr . McCulloch nominating Andrew Daniluk to the Planning Commission to replace Mr. Casey. (lotion died for lack of a second . firs . Meyers ' motion nominating Mail and Lane carried with Mayor Red- path , Mrs . Meyers , Messrs . Boerger and Penzel voting aye; tar. McCulloch voting nay. A. Reports of Village Engineer: p 1 . Accept streets and utilities in Registered Land Survey No . -Warren Shultz -property south of Kurtz Lane and east of Co . Road Mr. Shultz' letter of November 2 , 1973 , was discussed and con- y cern expressed that the $2 ,000 would not cover the cost of the work required. .. Mr. Jullie reported that a meeting with the property owners was scheduled and brought to light would be their desires for plantings, trees , retaining wall , etc . A motion was made by Mr. Boerger seconded by Mrs . Meyers to delay action until the November 27 meeting pending. receipt of further information from the staff and a cost breakdown on streets and plantings. 2. Accept streets and utilities in Westwind , Basswood Forest, and High Point Addition within the Preserve . A motion ►vas made by Mr. Penzel seconded by Mrs . Meyers to accept for continuous maintenance the sanitary sewer and watermains in the Westwind and Basswood Forest Additions plus the streets within the High Point First Addition together with tieili Lake Road subject to receipt of a one-year main- tenance/liarranty bond commencing November 13, 1973. Motion carried unanimously. 3 . Approve Final Plat of Hipps Cedar Point 1st Addition. This is a townhouse development located adjacent to Edenvale Blvd. and is a replat of Outlot 1.1, Edenvale 3rd Addition. A motion was made by Mr . Boerger seconded by Mr. Penzel adopt- ing Resolution No . 782 approving the Final Plat of Hipps Cedar Point st Addition . f-lotion carried unanimously . Council Meeting -6- November 13 , 1973 VII .A. Reports of Village Engineer ( continued) F 4 . Approve Change Order No . 1 for Improvement Contract No. 51-247 florthern Contracting , Inc. A motion was made by Or. Penzel seconded by Rrs . Meyers to approve Change Order No . 1 for Improvement Contract No. 51-247 in the amount of $1 ,300. 17 . On roll call , all voted aye . Hotion carried. 5. Approve Change Order No . 1 for Improvement Contract No . 51-248 Northern Contracting , Inc. Mr. Penzel made the motion seconded by Pirs . tieyers to approve 4 Change Order Wo . 1 for Improvement Contract No. 51-243 in the amount of $10,759. 27 . On roll call , all voted aye. Motion carried . B . Reports of Village Pianager : That Nr. Roger Daniel ski and Mr. Robert Tyson have been appoint- ed to the Public Safety Department was announced by Mr. Heinrich. Effective date is January 1 , 1974 . 1 . Consideration of position paper on the proposed Toll Bridge Authority Legislation. Council member , Roger Boerger will be presenting Eden Prairie' s position paper at the November 14 , 1973, meeting of the House Government Operations Committee . A motion was made by Mr . Penzel seconded by Mrs . Meyers authorizing Ar. Boerger ' s presentation of the Position Paper drafted by the Village Staff with minor grammatical changes . Ootion carried unanimously. 2. Letters of Commendation for : A. Public Safety Director Jack Hacking . B . Public Safety Officer Keith Wall . C. Chris Enger , Marty Jessen , Ray Earls for work in coopera- tion with the school district. A motion was made by Fir. McCulloch seconded by Airs . Pleyers to receive and file the letters of commendation. "otion carried unanimously. 3. Receipt by NartX Jessen Director of Parks and Recreation of Jack Niles Award for Distinguished Service in Minnesota Parts and Recreation Assn . in the field of parks and recreation for those in the field for less than ten years . f.ir. Jessen was congratulated by the Council . Council Meeting -7- November 13 , 1973 VII .B . Reports of Village i•ianager (Continued ) 4. LOGIS Progress . Mr . Heinrich reported that LOGIS consists of nine communi - ties in Hennepin County , the Metro Council and the State of i•linnesota for the purpose of establishing an automatic data processing information system for local governments through- out the State . The programs implemented in the nine LOGIS communities will eventually be made available to any local government in the State . Eden Prairie will be the second community in the LOGIS group to become part of the system. The utility : billing should be on line in December , payroll in January and hopefully accounting in April . 5. Request to close Villa a Hall operations Monday, December 24 , 1973 , in conjenction with an employee ' s vacation day. A motion was made by 1-ir. Penzel seconded by Wayor Redpath authorizing the closing of the Village Hall operations on 1 December 24 , 1973, in conjunction with every employee taking a day of vacation and with appropriate public notice given. Motion carried unanimously. MERRY CHRISTMAS from the Council . 3; 6. Extension of options for Mayne Brown and Les Blacklock prop- erties . A motion authorizing the Ffanager and Ma or to enter into new option agreements with Mayne Brown and Les Blacklock for the purchase of their properties at Anderson Lakes for park pur- poses was made by Mr. Penzel seconded by ter. Boerger. Notion carried unanimously. 7. Authorization of re airs to Staring Lake building in an amount not to exceed ,000. A motion authorizing repairs to Staring Lake building not to exceed $36000 to be paid out of the Park Fund with subsequent reimbursement by rent receipts was made by Mr. Boerger and seconded by Pirs . Heyers . On roll call Mrs . Pleyers and Messrs . Boerger and Redpath voted aye; Messrs . McCulloch and Penzel voted nay. (lotion carried. 8. Request by Roth Distributing Company, Inc . for the Village of Eden Prairie to issue O Municipal Industrial Develop- ment Bonds. A motion was made by tor. Penzel seconded by Firs . (Meyers and unanimously carried to deny Roth Distribution Company ' s re- quest for the issuance of $750,000 Municipal Industrial Development Bonds . r Council i•leeti ng -8- November 13 , 1973 r VII . B. Reports of Village Manager ( Continued) 9. Request by Eden Prairie Jaycees to use portion of Villages property at Round Lake for the sale of Chrstmas trees. Mr. Tim Pierce explained that use would be needed from December 1 to perhaps December 23 . $25 would be donated for the use of electricity and a sign placed on County Road 4 publicizing the sale . A motion was made by Mr. Penzel seconded by furs . Meyers authorizing the use of a portion of Village park property by the Eden Prairie Jaycees for the sale of Christmas trees. idotion carried unanimously. 10. 14r. Heinrich reported that the bike safety program in the schools has been implemented through the Public Safety Dept. 11 . A sign committee is working on the possibility of signing on Kingston Drive and Edenvale 6th. A traffic count will be recorded on Holly and Kingston stated Fir . Heinrich . 12. That ice boating has occurred on Anderson Lakes was reported and Mr. Jessen stated that such recreational activities are harmful to that lake. It was the feeling of the Council that action should be taken to prohibit such use. A motion was made by Fir. Penzel seconded by Mr . Boerger k. approving the first reading of Ordinance No._ 239 controlling the use of Anderson Lakes and the adjourning perk" areas . Carried unanimously. 13. A motion was made by fir. Penzel seconded by Mrs . Meyers to reschedule the second meeting in December of the Village Council to Wednesday, December 26 at the Village Hall at 7 :30 P.M. Notion carried unanimously. 14. A motion was made by Mrs . Weyers seconded by Mr. Penzel to authorize the Village ffanager to hire Jim Clark as a Utility Maintenance Ran effective Movember 15 , 1973 . Motion carried unanimously. 15. The Council was informed of the meeting at Olympic Hills Tuesday at 6 :00 P.M. C . Report of Village Clerk : Village Clerk' s Recommended License Application List . A motion was made by Mrs . Meyers seconded by Mr. Penzel approv- ing the Clerk' s Recommended License Application List dated ilovember 13 , 1973. I-lotion carried unanimously. r Council Meeting -9- November 13 , 1973 V I I I .FI.NANCES : A. Payment of Clains No . 2874-2984. r A motion was made by Rr. Penzel seconded by Mr. Boerger approv- ing payment of Claims No . 2874-2984 . On roll call , all voted aye. Motion carried. Also approved for payment were claims in the amounts of $175 to The Hennepin County Humane Society and $762 . 14 to Gordon Blesi . fi B. Cash and Investment Report. A motion was made by Mr. Boerger seconded by tars . Meyers to accept the Cash and Investment Report dated November 9, 1973. 11otion carried unanimously. C. National League of Cities Convention Invitation to Ha or Red path and ture Authorization. Mayor Redpath stated that in a conversation with Metro League of Municipalities officers, he was urged to attend the National League of Cities Convention whether or not he was reelected mayor of Eden Prairie. A motion was made by Mr. Boerger seconded by Mrs . Keyers autho- rizing the expenditure of up to $500 to cover some of Mayor Redpath ' s expenses when participating in the National League of Cities Convention in San Juan, Puerto Rico, December 2-.5. Motion carried with Mrs . Meyers and flessrs . Boerger and Penzel voting aye; 14r. McCulloch voting nay. Mr. RcCulloch stated that neither he nor the company for whom he worked believed there was any value in conventions. A motion to adjourn was made by Mr. Penzel seconded by Mrs. Meyers . Motion carried unanimously. Suzanne K. Lane, Deputy Clerk