City Council - 11/27/1973 - Village Meeting J l
4
MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
AW
TUESDAY , NOVE14BER 27 , 1973 7 :30 P. H. VILLAGE HALL
Council Members : Mayor Paul Redpath , Joan Meyers , John McCulloch,
Wolfgang Penzel , Roger Boerger
Council Staff : Village i1anager Robert P . Heinrich
Village Attorney Harlan Perbix
I . 11INUTES OF REGULAR MEETING' HELD NOVE1,1BER 13 , 1973 .
Page 1 , Section I , October 23 , 1973 11inutes , should read : A motion
was made by fir. Penzel seconded by firs . Fie ers to accept. . . . . .
s
Page 2 , Section IV, B . paragraph 1 , last sentence should read :
spaces servicing the recreational building .
Page 4 , Section VI , A. spelling correction of Or . Boerger ' s name .
Page 7 , Section VII . b. 4 , last sentence should read : The utility
billing should be on line in December. . . .,
Page 9 , Section ' VI II , C. paragraph 2 , 4th line , dates should read :
December 2-6.
The motion was made by Or . Boerger secondea by Mr. Penzel to accept
the Minutes of November 13 , 1973 , as corrected . P-lotion carried
with Urs . Meyers , Messrs . 11cCulloch , Boerger and Penzel voting aye.
II . PUELIC HEARINGS ( Delayed until 8 :30 p .m . )
A. Masters Condominiums by_ Weis Builders in Edenvale , request to
rezone to R-f_ :3-ror consul coon of two six-story condominium
buildings totaling 99 units at 13 .4 dwelling units per acre.
Hr .. Dick Putnam, Village Planner , explained the background of
Weis Builders ' request with presentations before both the Plan-
ning Commission and Council . The first concept presented of two
six-story buildings received positive staff reaction but nega-
tive Commission reaction. The second two three-story structure
concept received negative reactions from both the Staff and
Commission. A meeting with neighborhood residents was held
November 17 , 1973 , with favorable comments made regarding the
six-story concept.
Mr. Peterson, President of Eden Land Corporation, requested that
the Council take into consideration the affirmative responses of
the citizens to the six-story concept. He stated that Eden Land
would be assessed for between $600 ,000 and $800,000 for the ring
route--a road they could build cheaper themselves . If highrise
buildings cannot be built outside the major center area and Eden
Land cannot develop to the densities approved , then, fir. Peter-
son stated , that we don ' t feel the ring route can be a benefit
to Edenvale or to the residents of Edenvale.
Council Meeting -2- November 27 , 1973
II . A. Hastors Condominiums ( Continued )
Because the policy decision of the Council was to limit highrise
structures to the FICA, Mrs . I•Seyers made a motion to proceed with
the public hearing Cased on the consideration of the alternate
three-story development proposal concept of I-leis Builders rezon-
ing request . I.1r . McCulloch seconded . This motion was passed
unanimously after a discussion period during which the Council
was familiarized with the three-story concept and acquainted with
the differences between the two proposals submitted by Weis
Builders .
A motion was made by firs . Meyers seconded by Mr . I-IcCulloch approv
ing the first reading of Ordinance No . 241 approving rezoning to
RM 2 . 5 for the construction of trwo three-story condominiums
totaling 96 units maximum by Weis Builders . On roll call , tIrs .
i4eyers and dessrs . Boerger, TIcCulloch , Penzel and Redpath voted
aye. Motion carried.
A motion was made by Nr. Penzel seconded by 11rs . i1eyers to refer
the Masters Condominium proposal to the Village Attorney and
Flanager for the preparation of a development contract to be
executed between the Village and the developer prier to the
second reading of Ordinance No. 241 . Motion carried unanimously.
B . Village !floods by Zachman Homes , Inc . request for clustered zero
o line housing for 70 home sites , rezoning from District Rural
to RPi 6. 5.
This item was removed from the agenda prior to the Council hieet-
ing.
III.PETITIONS , REQUESTS AND COMMUNICATIOtIS :
A. Dr. J. H . Wright of Wright Animal Hospital , 6608 Flying Cloud
Drive , requests to be heard regarding signs advertising his
business .
Dr. Wright ' s presentation was twofold. First, he wished the Vil -
lage to be aware of the inconsideration shown the residents in
the 169-212 construction area . The Highway Department, he said ,
did not abide by the Administrative Procedures Act which pre-
scribes that residents be given notice of detours . Five such
detours were routed since the summer of 1971 none of which he was
made aware.
Secondly, he wished the Council to know of his desire to place a
directional sign on his property. The Village Staff did grant
the use of a temporary sign until the work on the signing ordi-
nance is completed , but it is not adequate. Dr. Wright stated
that sign experts have informed him that a 6 x 10 sign would be
required because of the speed of traffic on the highway from
which it would be viewed . lie compared his request to the signs
already erected by the highway departments and large billboards
located in the Village.
• Council Heeting -3- November 27 , 1973 1 i
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III.A. Dr . J . H . 1-1right of Wright Animal Hospital (Continued)
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A motion was made by Mr. Penzel seconded by 1-irs. i•ieyers refer-
ring Dr . Wright ' s sign request to the Staff for further research
and urging the Staff to complete work on the sign ordinance wiCh
all due haste . i-iotion carried unanimously.
Mr. Heinrich stated that Dr . ?!right could either appear before
the Zoning Board of Adjustments or wait for the approval of the
sign ordinance .
B . Physical Electronics Industries , Inc . , 7317 South Washington
Avenue, Edina : Dr , R. E . Ueber, President, request of the Vil -
lage of Eden Prairie to issue funicipal Industrial Development
Bonds for the construction of a light industry facility to be
located on Flying Cloud Drive west of Research , Inc .
Dr . Weber outlined Physical Electronics ' request as stated in
their letter of November 20 , 1973 . Statements of the income and
cash flow effects of the expansion project as well as of their
sales and personnel growth rates over the last five years were
distributed.
4 1-irs , Meyers informed Dr . Weber of the sector study presently be-
ing conducted in that Smetana area and the possible placement of
a road between Flying Cloud Drive and Shady Oak Road. This road
placement is flexible and conceptual but should be considered in
Physical Electronics ' plans , she said .
Mr. Heinrich stated that Mr. Frane has completed his review and
the Staff recommends that the Council adopt a resolution of
intent .
A motion was made by Mr. Penzel seconded by Plr. Boerger adopting
Resolution No. 785 giving preliminary approval to a project
under the fluniE pal Industrial Development Act, referring the
proposal to the Department of Economic Development for approval ,
authorizing preparation of necessary documents and expenditures
in anticipation of the issuance of the bonds in the approximate
amount of $940 ,000. On roll call , MSrs . Neyers and Messrs . Pen-
zel , Boerger, iicCulloch and Redpath voted aye . Motion carried .
C. Consideration of Olympic Hills Golf Club as possible municipal
course .
t1r. Heinrich reported that the Council and Council -elect had
been invited to a dinner at the Club where they were shown the
facilities and informed of the availability of the course for
municipal ownership.
A motion was made by Mr . Penzel seconded by Mr. Boerger instruc-
ting the Staff to investigate the possible methods of financing
the purchase of Olympic Hills Golf Club to be used as a Munici -
pal course. Motion carried unanimously.
,. Council Iieeting -4- November 27 , 1973
III.PETITINS , REQUESTS AND C0011 NICATIONS ( Continued)
D. Request of Lake Region iiutual Aid Association for Eden Prairie ' s
share in the acquisition of a hike missile site at St . Boni -
facius .
A motion was made by Hr. Penzel seconded by Hr. ElcCulloch to
authorize the expenditure of $500 as a 1974 share in the acqui -
sition and cor.versien of the Nike missile site for fire training
purposes . On roll call , Mrs . Meyers and Hessrs . Penzel , Boerger ,
and licCulloch voted aye . [lotion carried .
IV. RESOLUTIONS AND ORDINANCES :
A. Second reading , Ordinance No . 237 , approving rezoning of 12
single amz !y lots from District Rural to R1-13 . 5 for Hustad
Development Corporation ' s Prairie East subdivision.
A motion approving the second reading of Ordinance No . 237 ,
approving rezoning of 12 single family lots fromDistrict Rural
to R1-13 . 5 for Hustad Development Corporation ' s Prairie East
subdivision was made by Iir. Penzel seconded by Mr . McCulloch .
_ [lotion carried with firs . Meyers and tHessrs . Penzel , iicCulloch ,
and Boerger voting aye.
B . Second reading , Ordinance No . 238, approving rezoning of 12 .7
acres to Ri-i 2 . 5 In conformance with amended P .U. D . 73-03 for
Anderson Lakes Condominiums for McGlynn-Garrnaker Company.
A motion was made by Rr . Penzel seconded by Mr. McCulloch to de-
lay action on the second reading of Ordinance No . 238 until the
December 11 , 1973 , Council meeting. Wotion carried with Rrs .
Neyers and Nessrs . Penzel , McCulloch , and Boerger voting aye .
V. REPORTS OF OFFICERS , BOARDS AND COiNJISSIONS :
A. Report of Councilman Wolf Penzel on the activities of the South
Hennepin Human Services anning Board .
It was reported by Or. Penzel that primarily three topics had
been discussed one of which was the County ' s budget allocation
of approximately $76 ,185 for the South Hennepin Services Planning
Board .
Another. was the intent of changing the board ' s name to South
Hennepin Human Services Council . The change is desired since
the function of the board has changed from that of planning to
that of providing services in the areas of family and youth coun-
sel l i ng .
The third topic under discussion was hoar to obtain proposals from
agencies in our County area . A subcommittee was formed of four
to seven members of the Board to formulate requests for proposals.
Council Fleeting -5- November 27 , 1973
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V .A. . Report of Councilman V01 f Penzel ( Continued)
From the meeting came the request for a motion from the Council
to change the name of the Board .
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A motion was made by Hr . Penzel seconded by Fir . McCulloch to
approve the name change of the South Hennepin Human Services
Planning Board to South Hennepin Human Services Council . Hotion
carried with Hrs . iNeyers and Nes srs . Boerger , Penzel and FicCu l -
loch voting aye .
B
B . Report of Councilman Roger Boerger on the Proposed Toll Bridge
Authority Legislation.
Hr. Boerger reported on his November 14 , 1973 , meeting with the
House Government Operations Committee . He stated that a motion ,
in essence , was passed granting veto power to any of the co-nmuni -
ties directly involved in the construction of the toll bridge.
The Council was urged by fir . Boerger to stay on top of what is
taking place in regard to the bridge andindicated that Fir . Harbek,
Corridor Chairman , was to have arranged a meeting within the vleek
but as yet no communication has been received .
Discussion ensued as to the plausibility of reaffirming the ViI -
lage ' s verbal commitment . It was decided that the members of the
Council would take the next two weeks to mull over the situation
+ and discuss what action should be taken at the December 11 meet-
ing.
C. Reports of the Village Engineer:
1 . Approve Change Order No. 3 for Improvement Contract No . 51-249
Northdale Construction Co. , inc.
A motion was made by Fir . Penzel seconded by 14r. McCulloch to
approve Change Order No. 3 , Improvement Contract No . 51-249- in
the amount of $860. "rs . 11eyers , and Messrs . Boerger, Penzel ,
and McCulloch voted aye on roll call . Notion carried .
2. Approve Change Order No . 1 for Improvement Contract No . 51-253,
Northern Contracting Co .
The motion approving Change Order No. 1 , Improvement Contract
No . 51-253 in the amount of $6,075. 70 was made by tir. Penzel
seconded by Mr. Boerger. The motion carried with Mrs . (Meyers
and Messrs . Boerger , Penzel and McCulloch voting aye on roll
call .
It was suggested by Mr . Penzel that the additional cost be
spread over the entire assessment district served by the sewer
and water installation when the area is assessed in 1974 .
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Council i%jeeti ng -6- !•iovember 27 , 1 g73
V. G. Reports of the Villac,n Engineer ( C4ntinued )
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3 . Approve Change Order No . I for Improvement Contract Plo .
51 -254 , Scan Construction Company .
A motion was made by Mr. Boerger seconded by Hr . Penzel to
approve Change Order No . 1 , Improvement Contract Plo . 51 -254
in the amount of $1 ,800 deduction .. Flotion carried unanimously
4 . Accept streets and ut- i 1 iti es in Registered Land Survey Alo.
u64 --'arren Shultz property south of Kurtz Lane and east of
County Road 4. ( Continued from Rovember 13 , 1973 Council
Meeting) .
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A motion was made to refer back to the Staff for further study
the question of acceptance of the streets and utilities in
Registered Land Survey No . 664--Warren Shultz property. The
motion authored by fir. Penzel seconded by Mr. Eoerger carried
when t.lrs , iieyers and iMessrs . Boerger, McCulloch and Penzel
voted aye .
0. Reports of Village Manager :
I . Application for on-sale liquor license for the Eden House
Supper Club by Brem Corporation.
Hr. Heinrich stated that according to the ordinance adopted
in February, published notice is required for a public hear-
ing on liquor license applications . Public Safety Director ,
Jack Hacking, has completed his report with no derrogatory
comments .
A motion was made by Mr. Penzel seconded by Mr . McCulloch set-
ting December 11 , 1973 , for a public hearing or the purpose
of giving opportunity to any person to be heard for or against
the granting of an on-sale liquor license to Brem at the
premises of Eden House. Motion carried with Mrs . iieyers and
(Messrs . Boerger, f4cCulloch and Penzel voting aye.
At this point in the meeting Mr . Perbix , Village Attorney,
introduced the amendment to the existing Ordinance No. 202
an amendment providing for the licensing of anyone who works
in an establishment that has a liquor license. Copies will
be made for the Council members ' study .
2. Consideration of creation of Departments of Community Develop-
meet and Community Services .
Mr. Heinrich highlighted his November 27 , 1973 , memo to the
Mayor and Council Members which included the basic goals of
the Village. The responsibilities were explained as well as
the departments ' relationships to the I•ianager and Council .
The reorganization would bring about the creation of two new
departments --one of Community Development and one of Community
Services .
Council fleeting -7- November 27 , 1973
V . D. Reports of Village Manager ( Continued )
2 . Consideration of Creation of Departments of Community Develop- r
ment and Community Services ( Continued )
A motion was made by t.ir . Penzel seconded by t-ir . McCulloch to
delay action until the December 11 , 1973 , meeting to allow
Council members to consider the reorganizatlen . Motion car-
ried unanimously .
3 . Approval requested for land acquisition of two homes in the a
Ring Route area Leona Road ) .
14r . Chambers explained his memo of November 15 , 1973 .
A motion was made by Fir. Penzel seconded by fir. McCulloch to
authorize the preparation of purchase agreements for the
acquisition of the Mr . Jesse Schwartz property, Auditors Sub.
335 and the Mrs . Frank Schwartz property, Lot 4 Block 1 Leona
Second Addition . On roll call , all voted aye . Motion car-
ried .
4 . Uork Session Scheduling .
A motion was made by Mr. Boerger seconded by Mr. Penzel to
schedule a work session for Thursday , November 29, at 5 P .M.
Among items to be discussed are the amendment to the liquor
Ordinance No . 202 and the Village organizational changes .
Motion carried with Mrs . Meyers , Messrs. Penzel , Boerger , and
McCulloch voting aye .
E . Report of the flayor :
1 . Major Center Area Task Force .
Mr. Putnam ' s memo dated November 14 stating the makeup and
duties of the Major Center Area Task Force was discussed .
A motion was made by fir. Boerger seconded by Mrs . Meyers to
approve of the continuation of the f7CA Task Force as outlined
in Mr. Putnam ' s memo of November 14 , 1973 , except to delete
Section 4 and add : Recommendations for nominations should in-
clude citizens , advisory commission members , property owners ,
developers , Council members , consultants , and staff. Motion
carried unanimously.
A motion was made by Mrs . Neyers seconded by Mr. Penzel re-
questing the issuance of a memo to all the possible nominees
as well as the ne►is media , informing them of the continuation
of the MCA Task Force with complete descriptions of its
function and responsibility. This information is also to be
included in the next Village news letter. Motion carried
unanimously.
: - Council Heeting -8- November 27 , 1973
V. F.- Report of the Village Clerk :
1 . Village Clerk ' s Recommended License Application List dated
Novem er 7�73 .
A motion %,ias made by fair . Boerger seconded by i4r. Penzel to
approve the License Application List of November 27 , 1973.
I-lotion carried unanimously .
VI . FINANCES :
Payment of Claims No . 2985 - 3101 . '
A motion was made by Mr . Penzel seconded by Mr. McCulloch approving
the payment of Claims No . 2935 - 3101 . On roll call , all voted
aye. I-lotion carried .
Mr. Penzel requested a compilation of expenses incurred on Public
Safety Vehicles during the year 1973.
The meeting adjourned at 11 P . M.
Suzanne K.Lane, Deputy Clerk
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