City Council - 12/26/1973 - Village Meeting a
tlINUTES
EDEN PRAIRIE VILLAGE COUNCIL
' 11EDNESDAY , DECE'ViBER 26 , 1973 7 :30 P .M. VILLAGE HALL.
Council Hembers : I;ayor Paul Redpath , Joha McCulloch , Wolfgang
Penzel , Roger Boerger . Councilwoman Joan
Neyers was absent .
Council Staff : Village Nanager f:cbert P . Pei nrich
Village Clerk John Frane
Village Attorney Harlan Perbix
I . PUBLIC SAFETY DEPARTMENT SWEARIfIG IN CEREFIONY :
Mr . Daniel Betlock was introduced and took the uath of office as
a Public Safety officer.
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II . MIMUTE5 OF REGULAR MEETING HELD DECEI BER 11 , 1973 . i
Page 4 , Item A , Last sentence of paragraph 3 should read : Notion
carried unanimously , after Mrs . Meyers seconded the motion.
Page 5 ,? Item V . A, Second -paragraph should read : A motion was
made by Hr . Penzel seconded by Mrs . He ers to approve the first
reading of amended Ora i nance No . 2 . . . . . . . . . .
Page 10 Item VI . D. 1 , Paragraph beginning, with Mr. Penzel ex-;.presse ' should continu:e to read "dismay at the long delay the
applicant is being subjected to . The kernel entrepreneur cannot
start his business due to the land use question in this area of
the Pillage . This land use topic will be placed on the December
26 agenda . "
Page . 11 , Item VIII , the motion should -read : ' A motion was made by
Mr . Penzel seconded by Mr . McCulloch to adjourn the meeting, to
Wednesday , December 12; 1973 , at 7 • 30 p .m. for the purpose of es--
tabli.shing 1974 Employee Compensa o Levels . Motion carried .
A motion was made by fir . Penzel seconded by Mr,... Boerger to approve
the minutes of the December 11 , 1973 meeting as corrected . f9oiton
carried .
•III .PUBLIC HEARINGS :
A. Village i-loods . Approve preliminary plat for Phase 1 of Neigh-
borhood 1 comprised of 10 . 53 acres , 27 lots , located east of
ked Rock Lake and south of Hiawatha Avenue .
fir . Putnam , Village Planner gave a slide presentation of the
project area which is located in Red Rock . Reference was made
to the Revised Staff Report of December 20 , 1973 and the
Village Engineer ' s report of December 21 , 1973 .
-,.:#unc i l Meeting -2- December 26 , 1973
ILI .A . Village !Moods Public Nearing ( Continued )
iir . Steven ring , site planner , revievied the clustered single
family home project . Only the first phase of 27 lots on 10 . 53
acres will be built . Approximately . 2 .8 acres will be dedicated
open space . The second phase will be built when the Scenic
heights Connector is completed .
Mr . Penzel requested that the additional land to be dedicated
during the second phase be stipulated in the developer ' s agree-
ment .
Nr . King stated that a wood , panelized play structure would be
provided in the play area and would be expanded during phase 2 .
The clustered homes , built by Zachman Homes , Inc . , will be
similar to those of Summerwoods with seven different styled
homes available .
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There were no questions from the audience .
A motion was made by Mr . Boerger seconded by Mr . Penzel to R
close the public hearing and approve the first reading of v
Ordinance Mo . 236 approving rezoning from District P. U.D. 73-02 �
to RN-6 . 5 for Phase 1 . Motion carried unanimously .
A motion was made by Mr. Boerger seconded by Mr . Penzel adopt-
ing Resolution No . 784 approving preliminary plat for the Vil -
lage Moods Phase 1 . Motion carried unanimously .
B . Browning Ferriss Industries . Request rezoning of 12 acres
i-from P . U. D. 70-01 to I -Park I-1 located southeast of Flying
Cloud Airport adjacent to 1G9.
A slide presentation of the area was given by Mr . Putnam.
The minutes of the Planning Commission and Park and Recreation
Commission had been made available to the Council members .
Mr. Bonner explained the land use concept , site plan, and
section maps of the project.
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The twelve acre site will be used for truck storage , paper re-
cycling , and truck maintenance and office buildings. The lo-
cation of the buildings will allow for sectioning of the plat
into four smaller industrial sites at a future time . Future
development is not expected for about 10-12 years .
The truck storage area will accommodate 110-120 vehicles . Mr.
Drury , owner of the vehicles , stated that no future expansion
of his fleet is anticipated . Other landfill operations will
not be prevented from having access to the area . The saving of
200 ,000 gallons of gas would be realized by permitting the park
ing of the vehicles in this area , said Mr. Hustad . He also
stated that SFI would be willing to sign a landhold agreement .
• ounci i Neeti ng -3- December 26 , 1973
III .B . Browning Ferriss Industries Public Hearing ( Continued ) r
'la A motion t:as made by Mr . Penzel seconded by Mr. Boerger to
close the public hearing and approve the first reading of
Ordinance No . 244 approving rezoning for 12 acres from PUD
70-01 to I -Park I-2 based upon the Planning Staff report
recommendations of December 4 , 1973 , and the Planning Commis-
sion recommendations of December 18 , 1973 and pending the
successxul completion of a landhold agreement prior to the
second reading . Notion carried unanimously.
C. Discussion of Bruce Bri i i ' s request for rel ocatiori of Kin dal e
Kennels south of T . H . 169/ 12 and north of Riverview Road .
fir. Heinrich reported that official notice of the public bear-
ing for zoning is needed . The notice of public hearing for
January 8 before the Council has been sent to the newspaper.
A motion c.as made by Mr. Penzel seconded by fdr. Boerger authori -
zing the public hearing for January 8 , 1974 . .Motion carried
unanimously .
IV. PETITIONS , REQUESTS AND COVVIUM I CATIONS :
A. Letter dated December 19 , 1973 , from D. H . Gustafson and As_soci_-
ates , Inc .
A motion was made by P-1r. P1cCulloch seconded by Fir. Penzel to
refer the December 19, 1973 D. H . Gustafson and Associates
letter to the Village Engineer for inclusion in a future
feasibility report . (lotion carried unanimously.
B. Letter dated December 18 , It'73 , from Eden Land Corp.
A motion was made by Mr . Penzel seconded by Mr. Boerger to re-
ceive and file Eden Land Corps. letter of December 18, 1973 .
Notion carried unanimously.
C. Letter dated December 19 , 1973 , from Eden Land Corp .
A motion was made by 11r . Penzel seconded by P1r. Boerger to re-
ceive and file Eden Land Corp ' s letter of December 19, 1973 .
Motion carried unanimously .
V . RESOLUTIONS AND ORDINANCES :
A. First reading, Ordinance No . 245.
A motion was made by Mr. Boerger seconded by Mr . Penzel approv-
ing the first reading of Ordinance No . 245 , an ordinance rela -
ting to conduct on school grounds . i•totion carried unanimously.
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Council Meeting December 26 , 1973
V . RESOLUTIONS A !D ORDI t ANICES ( Continued )
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B . First reading , Ordinance No . 2-16 .
A motion was made by i.;r . Soerger seconded by Hr . Penzel approv-
ing the first reading of Ordinance t!o . 246 , an ordinance con-
taining regulations for the use of Anderson Lakes . Motion
carried unanimously .
C . Second reading , Ordinance No . 243 , an ordinance amending
Grdinance No . 202 relating to licensing and regulation of the
use and sale of intoxicating ligUor and providing a penalty
for the violation t►iereof. .
A motion :,gas made by Mr . Penzel seconded by Fir. Boerger to
approve the second reading of Ordinance No . 243 . [lotion car-
ried unanimously.
D. Resolution No . 790 , a resolution authorizing Village Manager
I sign application for grant to acquire open space under the
provision of the Federal Land and !later Conservation Fund Act
and the State idatural Resource Fund .
A motion was made by Mr. Penzel seconded by Mr. Boerger to
adopt Resolution l;to . 790 . Motion carried unanimously.
E . Resolution P!o . 791 , a resolution authorizing filing of applica-
tion for grant to acquire open space under the provision of the
Federal Land and dater Conservation Fund Act and the State
Platural Resource Fund .
A motion was made by Mr . Penzel seconded by Mr. Boerger adopt-
ing Resolution No . 791 . notion carried unanimously .
F . Resolution flo . 795 , designating Public Safety Director Jack
Hacking as t e oval fuel coordinator .
A motion was made by Mr . Penzel seconded by r4r. ,icCulloch to
adopt Resolution No . 795 . !lotion carried unanimously.
G . Resolution No . 793 amending the 1973 Budget for the purpose of
year-end a justmen s .
A motion was made by Mr . Penzel seconded by 13r. McCulloch to
adopt Resolution No . 793 . Motion carried unanimously on rollcall.
H . Resolution No . 796 , authorizing the issuance of an on-sale
liquor license for Brem Corp . ( Eden House Supper Club on Flying
Club Drive) .
r1r . Geimer , representing Brea , stated that since according to
Village ordinance the December 26 meeting :-,as a regularly held
meeting of the Council , the Council should take action on the
liquor license application . The Council should fulfill its
Cr7luncil iieetina -5- December 26 , 1973
H . Resolution Po . 795 (Continued)
duties regardless of absence of a council member or the recent
election . His clients are placed at an extreme disadvantage
if action is delayed until January 8 because the new mayor and
councilwoman may not be as familiar with the application as the
Present council . Also , the Greet option for the acquisition of
the Eden House expires January 9 .
Since the Council took action to continue consideration of the
application until January 8 at the December 11 meeting , Mr . s
Penzel felt that the Council should stand by that decision .
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Mr. Boerger was also in favor of this stand and added that the
tt•:o week delay in no way implies there is a problem , In fact ,
this first application is clean and everything looks good .
In view of the action of the previous meeting , a motion was
made by 11r . Penzel seconded by fir . Soerger to defer considera -
tion of Resolution No . 796 until January 8 _ Motion carried
unanimously .
VI . REPORTS OF OFFICERS , BOARDS AND COi-MISSIORS
A. Report of Village Attorney
In Mr . Perbix ' s letter of December 3 , 1973 , changes in the
election dates for terms of office for the Village of Eden
Prairie were explained .
B . Reports of Village 14anacler
1 . MTC service to the Vocational Technical School .
Paul Enblom' s letter of December 19 , 1973 as well as the
bus schedule effective January 2 , 1974 , were: given to the
Council .
2. MINCIS
11r . Heinrich told of his appointment by Governor Anderson to
represent the State of Minnesota Manager ' s Association on
the MIMCIS (Pii nnesota Crime Information System) Statewide
Criminal Justice Information Systems Policy and Revie%i Board .
C . Report of Village Clerk
A motion was made by Mr . Penzel seconded by tir. Soerger to
approve the Village Clerk ' s recommended License Application
List dated December 26 , 1973 . Motion carried unanimously.
17ouncii Meeting -6- December 26, IS73
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VI I . FINANCES
A . Payment of Claims ito 3020 - 3297
A motion was made by fir . Penzel seconded by Mr . Boerger approv-
ing payment of Claims No . 3020 - 3297 . On Roll call , motion
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carried unanimously.
B . Resolution No . 794 , providing for the sale of $2,500,000
General Obligation !dater and Seder Bonds .
A motion was made by Mr . Penzel seconded by Mayor Redoath to
approve Resolution No . 794 . Motion carried unanimously .
A motion was made by Mr. Penzel seconded by Mr . Boerger to adjourn
the meeting at 9 :30 p.m . ',lotion carried .
W Suzanne K. Lane, Deputy Clerk
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