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City Council - 12/11/1973 - Village Meeting h ;III MUTES ,g EDEN PRAIRIE VILLAGE COUNCIL TUESDAY , DECEi'BER 13 , 1973 7 : 00 P .H. VILLAGE HALL Council 11enbers : iiayor Paul Redpath , Joan Neyers , John flcCulloch , tiolfgang Penzel , Roger Boerger Council Staff : Village Manager Robert P . Heinrich Village Attorney Harlan Perbix u I - PUBLIC SAFETY DEPA.RT;iENT SVEARIiIG IN' CER E1101";IES AND PRESENTATION OF CERTIFICATES : A. Introduction and Oath of Office for three new Public Safety Officers : The officers were introduced by Public Safety Director , Jack Hacking . Mrs . fleyers presented the badoes to : Rooer Danielski Robert Tyson James Matson B . Introduction and Oath of Office for twelve Public Safety Reserve icers Chief Hacking introduced the officers and explained their duties and training . The twelve officers presented badges by Mrs . Heyers were : • ' Robert Anderson James Potter Michael Best Stephen Shea Don Fra nkl and Gerald Steelman Giro Gori Harlan Swanson Leroy Lobspein David Thompson James Ol d sberq Wal darner Wal z C. Presentation of Certificates to Interested Citizens Industries and Businesses that have made contributions to the Public Safety Department to assure a first year ' s successful operation. fiayor Redpath presented certificates to : Eden Prairie Grocery Eden Prairie Lions Club Natt ' s Auto Uniforms Unlimited E. P . Sanitation Co . Am . Legion Post 409 Flinn Turf , Inc . Mr . F: Firs . J. 4 . Hilkie W-1 Bell Telephone E. P . Public Vorks Midwest Asphalt Corp . Northrup , Kinq & Company James Benson Edi•tard Schl ampp , Jr. Northern States Power Eaton Char-Lynn Countryside .Auto Parts PRI !`rational Bank Southwest and Sales 4. Gordon Smith Company Council fleeting -?_ December 11 , 1973 I . C . Presentation of Certificates to Interested Citizens , Industries , and Businesses Continued t:aegele Out:!oor Adver- The Satterl ee Company rising Co . Modern Tire Martin Grill Vernon C . Geiger •1 National Bank of Ecklund °: Swedlund Home Hopkins Builders Eden Prairie Jaycees E . P . Chanber of Commerce Alfred R . Schendel Soil Engineering Services . Foto i•lark , Inc . Inc . Cedar Hills Northern Contracting Creighton Company Fuller Laboratories , Inc . Hustad Real Estate Roll Tank Company Crown Auto Stores Tile Preserve Hi l son Learning Corp . Tot-ins Edqe Ford j Eden Land Corporation J . L . Henning Construction Gregg Nelson Travel , Inc . Company ' Chanhassen Lai-in '� Sports D. Introduction of Community Service Officers who are College Stu- dents in the Law Enforcement Program at Normandale and the Uni - versity of :Minnesota . f James Clark Julie Anderson Steve Geiger E . Introduction of Surrounding Police Departments that have greatly assisted . Edina Police Department Hopkins Police Department Minnetonka Police Department Suburban La,..) Enforcement Association F. Introduction of Eden Prairie Public Safety Cadets . Lt . Gary Clark Sgt . Lyle Hookom Tin Riggs Chris Eisch !-lark Carey Roy Johnstone Steve Eisch G. Presentation of Certificates to Village Officials by-Public Safety Officers and Community Service Officers : Receiving certificates were : flayor Paul Red pa th Councilwoman Joan fleyers Manager Robert Heinrich Councilman Roger Berger Attorney Harlan Perbix Councilman llolfgang Penzel. Councilman John McCulloch II . MINUTES OF REGULAR MEETING HELD NOVE1]BER 27 , 1973 . A motion was made by fir . Penzel seconded by f1r . Boerger to approve the Minutes of November 27 , 1973 as published . Notion carried ,. unanimously . Council Neeting -3- December 11 , 1973 III . PUBLIC HEARINGS : A. For the purpose of considerinn an application for an On-Sale Liquor License !-,v the Bren Cornoration for a facility to be named the Eden HouseSupper Club at 6534 Flying Cloud Drive . r iir . Bi l 1 Geimer , representing Bren , stated that Mr . Ed Slipka and 11r . Bob Hauaen ' s intention was to provide a high class eat- ing establishment which will be sustained by Eden Prairie resi - dents , businesses and community service clubs . The establish q ment will prepare their own food and provide live entertainment in the form of a piano bar on Tuesday and Wednesday evenings and a two or three-piece combo Thursday , Friday , and Saturday eve- nings . x Nr . Geimer said that Brem ' s application , which conforms to the Vi 1 1 age ordinance , was the only formal application submitted thus far to the Village . That the ordinance requires an investigation of any liquor license applicant was explained by Mr . Heinrich . The Public Safety Director , Jack 'lacking , has completed such an investiga - tion and provided a report !•thich contained no derogatory remarks.. The Brem application was revievied by Mr . Heinrich after which questions of tie Council viere answered . In answer to Mayor Redpath ' s question , 11r . Geimer said that r1r . Ruzic would hold a contract for deed but mould have no interest ,. in Brem Corporation . If Ilessrs . Slipka and Haugen did not ful - fill their contract obligation by missing a payment , fir. Ruzic could possess the land and building ; but not the liquor license. The license 11r . Ruzic would have to apply for . !lhen concern was expressed in regard to possible sale of shares of Brem stock , Fir . Geimer indicated that Messrs . Slipka and Haugen would be willing to ieposit Brem ' s stock certificates with the Village and not authorize issuance of any shares to any- one without the Village Council ' s approval . In reply to a question from fir . Penzel as to their willingness to review their political contributions , Messrs . Slipka and Haugen stated they had personally purchased four tickets to the Nixon Inaugural Ball but had not in a business or personal man- ner ever contributed to any municipality or council member. When questioned regarding any legal. problems incurred as a con- sequence of their busipess . 11r . Haugen stated he had had none. r4r. Slipka replied that he had been charged with DIII ►"ihile driv- ing home after a tiring day ' s work , but the charge was reduced to careless driving . lir . Haugen commented that the rule of no drinking while v:orking applies to both themselves and their employees . Mr . Heinrich mentioned that he had just received a letter from the Northwestern State Bank of Osseo which had approved a loan of $50 ,000 for Brem Corporation . Council Neeting -4- December lI , 1973 A . Public Hearing on Brem Corporation On-Sale Liquor license Ap lication - Continued i Mr . Ed Sherman ' s report of his inspection of the Eden House facility i•:as discussed . The Bren partners stated their will - ingness to meet with Village staff and to comply with all exist- ing codes- -parking , landscaping , signing , etc . After fir . Geiser stated that the Brem option. expires January 9, he �•:as informed that action would be forthcoming January 8 , the next regularly scheduled Council meeting . A motion was made by Air . Penzel to close the public hearing and continue consideration of the application for an on-sale liquor license by Brem Corporation until January 8 , 1974 . Notion car- ried unanimously , after Mrs . Meyers seconded the motion . B . Gelco Corporation . Consideration of request for approval of rezoning from IT--Park to OFC-Office for the 18 acre development site for corporate office development and the zoning of approxi - mately 12 acres open space to PUB -Public . fi It is hoped , said i•lr . Greenberg , Gelco vice president, that the Gelco headquarters can be occupied by May or June 1975 after a 12-14 month building period . Of the 30. 5 acres purchased , 18 acres will be usable after land dedication to the Village . Marsh area to the 840' line would be dedicated . Placement of the structure below the crown of the hill was dictated by the concern to conserve energy and preserve the trees. Mr . Greenberg ' s letter of December 7 was presented to the Coun- cil by Mr. Heinrich . In the letter Mr. Greenberg stated that Gelco ' s only objection to the recommendations of the Planning Commission delt with number 8 (or "h" of the Planning Staff re- port of November 26 , 1973) . Mr . Greenberg felt that if recom- mendation 8 were approved , Gelco would be restricted at a later time on something which is not definable at this time . In paragraph 8 , the Planning Commission recommends that Phase II parking space be provided under the new structure or thru deck- ing of the first phase . Reacting to the total PUD which included Gelco ' s future expan- sion plans , firs . Meyers felt that recommendation 8 should be included in the motion and approval . A motion was made by Mrs . fieyers seconded by Mr . Boerger to adopt the first reading of Ordinance No . 242 approving : a . rezoning from I5-Park to FC- ffice for an 18 acre develop- ment site for corporate office development and b. zoning of approximately 12 acres open space to PUB-Public in conformance with : a . the Planned Unit Development approved on July 10, 1973 with specific recommendations ( Council amended Planning Staff Report recommendations of July 3 , 1973) and b. with recommendations 1 -13 specified in the December 4 ,1973 q Planning Commission kJinutes . • Motion carried unanimously. Council Heeti ng -5- December 11 , 1973 IV . PETITIONS , UQUESTS AND COfI,'lUNICATIOf.;S A. Report from the Eden Prairie Board of Education dated i`tovember 30 , 1r,73 , regarding the School District' s Plan for Conserving Energy and Closing of Schools in case of Fuel Shortages . A Motion vies made by fir . Boerger seconded by fir . Penzel to re- c,.ive and file the Eden Prairie Board of Education' s report of November 30, 1973 . flotion carried unanimously. B . Letter from Riley-Purgatory Creek Uatershed District dated November 28 , 1973 . A motion vies made by Mr . Penzel seconded by fir. McCulloch to re- fer the Riley-Purgatory Creek Watershed District letter of November 28, 1973 , to the Park and Recreation Commission for re- view and recommendation . Notion carried unanimously. C . Letter from fir . and Mrs . Pat Casey , 17308 Padons Drive . A motion was made by Fir . Penzel seconded by fir . McCulloch to re- ceive and file the December 3 , 1973 Casey letter . t1otion car- ried unanimously. D. Letter from The Preserve dated December 4 , 1973 , indicating in- tention to file an application for a liquor license . Mr . Boerger moved to receive and file the December 4 , 1973 , letter from The Preserve . firs . Meyers seconded . Motion carried unanimously. r V. RESOLUTIONS AND ORDINANCES A. First recidi'nq , Ordinance . flo . 243 , amending Ordinance No . 202 re- ating•_ to licensing and regulation of use an : sale of into ca- ting 1•iquor and providing penalty for the violation thereof . A motion was made by Mr . McCulloch seconded by Mrs . Meyers to change the annual license fee listed in Subdivision 4 of Ordi - nance No . 243 to $10 from $5 . Motion carried unanimously. A motion was made by Mr . Penzel seconded by Mrs . Meyers to approve the first reading of amended Ordinance No . 243 , which amends Ordinance No . 202 . Motion carried unanimously. 8 . Second readin , Ordinance No . 238 , approving rezoning of 12 .7 acres to RU 2 . 5 in conformance with - amended PUD 73-03 for Ander- son Lakes Condominiums for McGlynn-Garmaker Company . This item was held over from the November 27 Council meeting pending the procurement of a village/developer agreement . fir . Perbix reported that the agreement had been signed and reviewed it with the Council . Mr . Sherman , building inspector , stated he is presently meeting with the architect regarding the building codes and sprinkling . Council fieeting -6- December 11 , 1973 V . B . Second reading , Ordinance No . 233 ( Continued ) A motion Baas made by iir _ Penzel seconded by fir . Boerger to s approve the second reading of Ordinance No . 238 . (-lotion car- ried with firs . '.:eyers and :.essrs . Poerger , Penzel and Redpath voting aye ; fir . McCulloch voting nay. % motion was made by ;irs . fieyers seconded by Mr . Penzel to authorize the Mayor and 11ianager to sign the rezoning agreements to sign the rezoning agreements dated December 11 , 1973 . i'sotion carried after firs . Neyers and fiessrs . Boerger , Penzel and Red- path voted aye ; fir , iicCulloch voted nay. VI . REPORTS OF OFFICERS , BOARDS AND COHMISSIWIS A . Report of Mayor regardin Suburban League of Municipalities meeting on Thursday evening , December 13 , and proposed policy paper on the (Metropolitan. Council . fiayor Redpath indicated his intentions of attending the meeting December 13 and encouraged other Council members to attend . The proposed policy paper was discussed antih some opposition to the establishment of the advisory committee expressed . i B . Reports of Village Engineer : i 1 . Approve Final Plat of Hidden Ponds . fir . Jullie reported that utilities and streets with curb and gutter are in . A motion was made by f1r . Penzel seconded by f1r . McCulloch adopting Resolution No . 786 approving the Final Plat of Hidden Ponds First Add tion . (lotion carried unanimously. 2. Approve the correction of a lot line bearing on the_plat of Atherton Thi'rrdAddition. A motion was made by Mr. Penzel seconded by Mrs . (Meyers to approve the Surveyors Certificate of Correction to the Plat of Atherton Third Addition . Notion carried unanimously 3 . Accept utilities storm sewer and streets within The Preserve which have been completed to Village standards . At the Council ' s request , Mr . George Carter agreed to amend The Preserve December 6 , 1973 , letter to read " . . . . . to maintain the various siltation ponds with regard to debris removal , weed control , silt removal and mosquito control . " pig Council sleeting -7- December 11 , 1973 A° 3 . Accept utilities , storm set-ler and streets ( Continued) A notion was made by fir . Penzel seconded by firs . fieyers to approve the recommendation of the Village Engineer to accept for continuous maintenance subject to a one year warranty commencing November 26 , 1973 , the sanitary seder , watermains ; storm sewer and street surfacing within The Preserve as iden- tified on our half-section maps dated December 3 , 1973 on file with the Village Engineer ; and also placing on file a letter from The Preserve dated December 6 , 1973 (amended by Mr . Carter December 11 , 1973 ) wherein The Preserve Associa- tion agrees to maintain center cul -de-sac islands and also all constructed storm sevier ponds cri thi n The Preserve P .U. D. Hotion carried unanimously . 4 . Designate new Municipal State Aid Street . A motion was made by fir . Boerger seconded by Mr. Penzel to adopt Resolution No . 787 designating future Deli Road exten- sion from T . H . 5 to t e north Village limits at T. H. 101 as H. S .A.S . 108-010 . Motion carried unanimously. 5 . Approve agreement form for Consultant Engineering Services during 1974 A motion was made by Mr . Boerger seconded by Sir . Penzel to C., approve form of agreement for Consultant Engineering Services during 1974 dated December 11 , 1973 , for use with Brauer Associates , Inc . , and Rieke , Carroll . f-fuller Associates and others as authorized by the Village Council . Motion carried unanimously . 6. Approve Change Order ffo . I for Improvement Contract 51-256, Chris Construction Co . fir . Penzel made a motion to approve Change Order No . 1 for Improvement Contract 51 -256 in- the amount of $688 . 10 . The motion carried unanimously after the motion was seconded by firs . Heyers . 7 . Approve Final Payments to Contractors : A motion was made by fir . Penzel seconded by i1r. Boerger to approve final payments to : Plc Dona 1 d & Assoc . HTR 71-8-29 $324 , 586 .60 Northern Contract. Co. I . C . 51 -248 285,030 .11 Orfei & Sons , Inc . I .C . 51 -244 723 ,890.62 Morthdal a Constr . Co . , Inca I .C . 51-249 143 .707 .40 upon the recommendation of the Village Engineer and subject to a one-year warranty of all materials and workmanship com- mencing December 11 , 1973 , less all previous , respective payments . On roll call , all voted aye . Motion carried . Council i1eeting -8- December 11 , 1973 VI . REPORTS OF OFFICERS , BOARDS Af•ID CCN'USSIONS (Continued) C. Reports of Village Manager : 1 . Consideration of Administrative Reorganization Plan . This plan presented at the November 27 Council meeting was discussed at a recent work session of the Council . Hhen tars . Meyers ast:ed the reaction of Village amployees to the plan , Mr . Heinrich stated that the plan had received 1 pretty good acceptance and endorsement . t1r. McCulloch felt there would be too many "chiefs " and not enough "Indians " . Mr . Heinrich replied that the number of "chiefs" would be reduced to six from eleven . µ. Mrs . Meyers expressed concern of combining three separate, a distinct functions ( inspection , assessing , and engineering) and perhaps robbing the Village of an engineer , who would be heading up the department . Discussion foilowed on alterna- tive suggestions . A motion was made by Mr . Penzel seconded by Mr. Boerger to approve the Administrative Reorganization Plan as outlined in the Village Manager ' s report dated November 27 , 1973 , and to be reviewed in April , 1974 . Motion carried with firs . Neyers and Messrs . Boerger , Penzel and P.edpath voting aye; Mr. McCulloch voting nay. 2 . Report of meeting with industries and property owners at the office of NTS on December 5 , 1973 , regarding traffic and safety conditions on T.H . 5 . [Jr . Jullie stated that MTS is interested in the conditions on T .H . 5 because of anticipated expansion . Other indus- tries are as concerned . The proposed signalization and routing of traffic to facilitate better traffic flow were explained by Mr . Jullie . A motion was made by Mrs . Neyers seconded by Air . Penzel to adopt Resolution No . 783 authorizing the Village Enginner to prepare an engineering feasibility report on signalization and turning lanes on T.H . 5 and to solicit petitions from the affected areas supporting these needed public improve- ments . notion carried unanimously . 3 . Animal Control Contract for 1974 with I-letropolitan Animal Patrol Service , Inc A motion was made by Mrs . Meyers seconded by Air . Penzel authorizing the Village to enter into an agreement with Metropolitan Animal Patrol Service , Inc . for animal control services for 1974 . Motion carried unanimously. Council ileeting -9- December 11 , 1973 VI . C . Reports of Village Planager (Continued ) 4 . Discussion of November monthly report of Inspections Depart- ment activity . Mr . Heinrich revie:ved the report with the Council and indi - cated that he felt there would be a need for additional help in the near future in the Inspections Department . No action was required other than acceptance of the report . 5 . Cooperative Agreement between Village of Eden Prairie and Hennepin County Department of Public Works for the pur ose of receiving $23 ,000 from the County for the acquisition of ands around Staring Like. A motion was made by Mr . Penzel seconded by Mr . Boerger to authorize the Mayor and Village Manager to enter into the contract between the Village of Eden Prairie and Hennepin County Department of Public Works . Motion carried unani - mously. 6. Approval of modification of earlier agreement between the illage of Eden Prairie and the Pone Nile Creek Watershed District . ? A motion was made by Mr . Penzel seconded by Mr . Boerger to authorize the modification of an earlier agreement between �[ the Village of Eden Prairie and the Nine Mile Creek Water- shed District to the extent that the projected three year study of the Bryant Lake area will commence initially with a one year study at a cost of not to exceed $8 ,000 , with $4 ,000 of the cost to be borne by the District and $4 ,000 of the cost to be borne by the Village of Eden Prairie . Motion carried unanimously. 7 . December 21 , 1973 Hennepin County letter. A motion_ eras made by Mrs . Meyers seconded by Mr . Penzel to receive and file the December 21 , 1973 Hennepin County let- ter in which Mr. Samuel Fisher , Chief of the Traffic Engi- neering Section rejects the Village ' s request for a speed reduction on County Road 4 between TH 5 and CSAH 3 . Motion carried unanimously . 8 . Public Safety Officer Bruce Hojack ' s resignation was pre- sented to the Council . D . Reports of Park & Recreation Director : I . Recommendation of the Park and Recreation Commission to solicit cooperative and financial support from the Lower flinnesota River Watershed District in the acquisition of certain lands for the purpose of protecting the river bluffs. Mr . Jessen explained that there is land along the river and surrounding bluffs in southern Eden Prairie which is not Council Meeting -10- December 11 , 1973 included in any of the watershed districts --NineMile Creek , Riley-Purgatory Creek. , or Lower f1innesota River . It was his recommendation that the Village petition for a boundary correction and postpone financial participation requests until a later date . Mr . Penzel expressed dismay at the long delay the applicant is being subjected to . The kennel entrepreneurcannot start his business due to the land use question in this area of the Village . This land -use topic will be placed on the December 26 agenda . _ A motion was made by Fir . Penzel seconded by Mrs . Pleyers authorizing the preparation of a petition to the Minnesota Water Resources Board to adjust the boundary lines of the watershed districts to eliminate the undistric ted area in southern Eden Prairie . Motion carried unanimously . t 2 . Recommendation of Park and Recreation Commission to approve certain site planning services on school grounds . A motion was made by firs . Pleyers seconded by Mr . Penzel to authorize the Village staff to provide certain site planning services on school grounds on a time available basis . Notion carried unanimously. 3 . Wayne Brown ' s Anderson Lakes property options . On November 13 , 1973 , the Council authorized the Bayne Brown option agreement in anticipation of federal and state funding . i1r. Brown has requested that the Village lump his two parcels together i n 'one agreement . There would be no additional cost to the Village . A motion was made by Fir . McCulloch seconded by Mr. Boerger- authorizing the Manager and Mayor to enter into one option agreement lumping Mr . Brown ' s two options with the same terms and conditions . Motion carried unanimously . E . Report of Village Clerk : 1 . Village Clerk ' s recommended jLicense Application List A motion was made by Mr . Boerger seconded ' by Mr . Penzel to approve the December 11 , 1973 , License Application List . Motion carried unanimously. VII . FINANCES A. Payment of Claims No . 3102 - 3220 . A motion was made by Mr . Penzel seconded by firs . Neyers to approve the payment of Claims No . 3102 - 3220. On roll call , all voted aye ; motion carried . f . Council sleeting -11- December 11 , 1973 VI I . . FIHANCES ( Continued ) s B . Cash & Investment Report4r � A motion was made by Mr . Penzel seconded by fir . Boerger to accept the Cash and Investment Report dated December 7 , 1973 . (lotion carried unanimously. x i fir . Gerald !lolner and fir . Jack Burke of Paradise Valley appeared before the Council requesting information on action being taken with regard to the Warren Shultz property, located to the north of Paradise Valley. They were informed that action has been delayed on the acceptance of the streets and utilities and the matter referred to the Village staff. untii a plantings agreement was reached between Shultz and Paradise Valley land owners and a cost breakdown on the streets and plantings was supplied . fir. Burke stated that ►1r. Shultz has talked with Llrs . Hol ner saying that heavy density hedging is too expensive. VIII . A motion was made by i"lr. Penzel seconded by fir. McCulloch to ad- journ the meeting to Wednesday, December 12 , 1973 , at 7 :30 p.m. for the purpose of establishing 1974 Employee Compensation levels. Motion carried . Mayor Redpath called the adjourned meeting to order at 9 :30 P.M. 1•lednesday evening , December 12 . All Council members were present. A motion was made by fir . Penzel seconded by fir. Boerger to adopt � Resolution Ho . 789 establishing maximum salaries and wages for I Village employees for the year 1974 . On roll call , all voted aye. Motion carried . A motion was made by itr . Boerger seconded by t-irs . Meyers to ad- Journ the meeting at 9 :50 P.M. f?otion carried . Suzanne K. lane,. Deputy Clerk .,x