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City Council - 01/08/1974 - Village Meeting ;,iIMUTES EDEN PRAIRIE VILLAGE COUNCIL TUESDAY , JANUARY 8 , 1974 7 :30 P . N. VILLAGE HALL Council +Members : Mayor David Osterholt , Joan rteyers , John McCulloch, Holfgang Penzel , Sidney Pauly Council Staff: Vi 1 1 aee l-lanager Robert Heinrich Village Clerk John Frane Village .Attorney Harlan Perbi x I . ADMInISTRATION OF OATH OF OFFICE BY VILLAGE ATTORMEY FOR MAYOR DAV I D OSTERHOLT AND COUNCILWOMAN S I DNEY PAULY . II . IMVOCATION -- PLEDGE OF ALLEGIANCE -- ROLL CALL . III . tIIMUTES OF REGULAR MEETINIG HELD DECEMBER 261, 1973 . a A motion was made by Mr . Penzel seconded by Mrs . Ileyers to approve the minutes of the December 26 , 1973 , meeting as published . Motion carried unanimously. IV . ELECTION OF ACTING MAYOR. A motion was made by Mr . Penzel to nominate Mrs . rteyers as actin! mayor in view of her past performance as acting mayor and her dedi - cation of many hours to her Village function . Mrs . Meyers seconded. A motion was made by firs. Pauly seconded by Mr . ticCulloch nominating Mr. McCulloch as acting mayor . In regard to Mrs . Heyers nomination , on roll call , fir . Penzel and Mrs . rteyers voted aye; tars . Pauly and Nessrs . Osterholt and McCul - loch voted nay. Notion defeated . On roll call , Mrs . Pauly and Messrs . Osterholt and McCulloch voted aye on the motion nominating fir. McCulloch . tars . Meyers and For. Penzel voted nay. I-lotion carried . Mr. llcCulloch expressed concern with the results of the election saying that the election should be unanimous . Therefore , a motion was made by Mr . McCulloch rescinding the previous action of his election to the position of acting mayor. Mayor Osterholt seconded. Motion carried unanimously. A motion was made by Mr. McCulloch seconded by Mayor Osterholt nomi - nating llrs . 11eyers as acting mayor . (lotion carried unanimously. V . OFFICIAL DESIGNATIONS . A. Resolution No . 797-1974 14eetip Dates and Times . A motion was nade by Or . Penzel seconded by Mr . McCulloch approv- ing Resolution No . 797 , designating the official meeting dates, time and place for the Village of Eden Prairie Council Members in 1974 . Motion carried unanimously. Council Meeting -2- January 8 , 1974 V .OFFICIiIL DESIGMATIONS ( Continued ) B . Resolution No . 798-Official Publication . A notion was made by Firs . Meyers seconded by Mr . Penzel to ap- prove Resolution lio . 798 designating the Eden Prairie SUN as the official net-ispaper for 1974 . Motion carried unanimously . C. Resolution No . 799-Official Depository for Village Funds . A motion was made by Firs . Meyers seconded by Mr . McCulloch to approve Resolution Nlo . 799 designating the First National Bank of Hopkins as the official depository. Motion carried unani - mously. D. Resolution Plo . 8OD-Investment Authorization .. A motion was made by Fir . Penzel seconded by Mrs . iieyers approv- ing Resolution No . 300 granting the treasurer authority to in- 4 vest Village funds . P•lotion carried unanimously. E . Resolution No . 801 -Signatory Authorization . A motion was made by Mr . Penzel seconded by Mr . McCulloch to approve Resolution He . 801 granting authorization to the mayor , manager , and treasurer to act for the Village in the transaction of any banking business with the First National Bank of Hopkins . Motion carried unanimously. F. Resolution 'No . 802-Facsimile Signatory Authorization. A motion was made by Mrs . Neyers seconded by Mr . Penzel approv- ing Resolution No . 802 authorizing use of facsimile signatures by public officials . !'Motion carried unanimously . VI . APPOINTf<IENTS . A•. Suburban Rate Authorit - Director and Alternate Director. Resolution No . 804 . Appointments by Council . A motion was made by Mrs . Meyers seconded by r1r . Penzel to approve Resolution Plo . 804 designating Carl Jullie as Director and John McCulloch as Alternate Director to the Suburban Rate Authority. Wotion carried unanimously. B . Suburban League of iiunicipalities - Representative and Alter- nates . Appointments by Council . It was moved by i4r . Penzel seconded by Mr . P1cCulloch to appoint Mayor Osterholt as Representative and the entire Council as Alternate Representatives to the Suburban League of Municipali - ties . [lotion carried unanimously. Council i eeting -3- January 8 , 1974 vI .APPOIPITf4EMTS ( Continued ) C. Metropolitan League of Municipalities - Representative and Alternates . Appointments by Council A motion was made by fir . tcCulloch seconded by Mr . Penzel to appoint firs . Pauly as Representative and the entire Council as Alternate Representatives to the Metropolitan League of Muni - cipalities . (lotion carried unanimously. D. South Hennepin Human Services Council - Appointment of three Representatives. Appointments by Council . A motion was made by Mr. McCulloch seconded by Mrs . Meyers appointing Mr . Penzel and Mr . Heinrich as Representatives to the South Hennepin Human Services Council . Motion carried unanimously. Appointment of the third representative will be made at a later meeting . E . CATVStudy Commission - Appointment of Council Representative and Village 1 age Ulanager. Appointments by Council . It was moved by Mr . McCulloch and seconded by Mr. Penzel to appoint Mrs . Meyers as Council Representative and Village Manager Robert Heinrich to the CATV Study Commission . Motion carried unanimously. F. Board of Appeals - Five appointments for a one year term. Appointments by the Mayor with the consent of the Council . Appointed to this Board should be one Council Member , one Planning Commission Member and three citizens of the Village. In light of this distribution of membership a motion was made by firs . Pauly seconded by Mrs . Meyers to delay action on the appointments until the January 22 Council meeting . notion carried unanimously. ` G. Planning Commission - Two appointments for three year terms plus Council epresentative . Appointments by Council . A motion was made by fir. Penzel seconded by Mr. McCulloch to appoint firs . Neyers as Council Representative and Messrs . Don Sorensen and Andrew Daniluk as three-year members to the Plan- ing Commission . Motion carried unanimously. H . Park and Recreation Commission - Three appointments for three year terms , one youth appointment, plus ouncil Representative. Appoint,ments by Council . A motion was made by fir. Pauly seconded by Mr. McCulloch to appoint Messrs . Francis Helmer and Marvin Erickson as three- year members and fir . Penzel as Council Representative to the Park and Recreation Commission . Motion carried unanimously. The remaining three-year appointment and youth appointment will be made at a later Council meeting. Council Oeeting -4- January $ , 1974 VI .APPOI IITHEMTS ( Continued ) I . Human Riqhts Commission - Three appointments for three year Terms , one appointment—for one year term , two gout a of nt*- ments , plus Council Representative , Appointments by Council . A motion was made by Nrs . Pauly seconded by tIrs . Meyers to delay appointing members to this Commission until the January 22 Council meeting . [lotion carried unanimously. J . Village Attorney. Appointment by Manager subject to approval of Council . A motion was made by firs . fleyers seconded by Mrs . Pauly to appoint Harlan Perbix as Village Attorney. Motion carried k unanimously. d VII .OTHER APPOINTIIENTS - None. z VIII . PUBLIC HEARIf1GS . A. Request for kennel operation south of 169/212 , east of inter- section of 169/212 and Riverview Road . ( Letter dated Decem- ber 27 , 1973 , from Lower f1innesota River Uatershed District and Commission minutes provided to Council members ) . i1r . Putnam showed the project area with a slide presentation . He stated that Browning Ferris , developers to the east of the site , have indicated dedication of the bluff land as have Hustads . Mr . Stanley , a bluff property oviner has expressed his preference of only agricultural /rural use of the bluff area . Mr . Putnam stated that an alternative to rezoning the property to Commercial would be to permit kennel use under the agricultural /rural zoning . This use , unfortunately, is omitted from the ordinance and fir. Perbix has been consulted for a legal opinion . • :Mayor Osterholt asked flessrs . Brill and Sorensen , the latter being Hr'. Bri 1 l ' s attorney , if a delay would be objectionable. He further commented that Mrs . Schee , Planning Commission Chairwoman , requested that action be delayed . fir. Sorensen replied that a two week continuance would be satisfactory during which time f1r . Brill would have an opportunity to pro- vide input for the Council . He added that Mr . Brill has been operating the kennel for five years and has been looking for land to relocate since he cannot remain at his present site after this year . Hr . Jessen reported on the action taken by the Park and Recre- ation Commission which met prior to the Council meeting. The Commission strongly recommended in favor of adhering to the Guide Plan which specifies open space for the bluff area . The I.-,atershed has been contacted about funds for the land acquisi- tion and the Commission urges acceptance of the l-tatershed ' s proposal to acquire parcels under immediate. deveiopment pres- sure with the Village to buy in at 50% within a five year period . A written report was requested by flavor Qsterholt: { Council fleeting -5 January 8 , 1974 . . VIII .A. Request for kennel operation ( Continued ) When Mrs . Heyers asked hove many acres would be involved in the five-year buy-back plan , Mr . Jessen answered about 20 acres-- six parcels . Mr . Putnam expressed the feeling that perhaps the Planning Commission would like to look at Mr. Brill ' s request again in light of the recent developments . A motion was made by !.Jr . Penzel seconded by I•Irs . Pauly to con- tinue the public hearing on the kennel operation request until the January 22 , 1974 , Council meeting . Motion carried unani - mously . A motion was made by Firs . Ileyer s seconded by Mr . Penzel to ' place the request for kennel operation by [Ir. Brill on the Planning Commission agenda of January 15 , 1974 . (lotion carried unanimously. B . Basswoods dl site , proposed by IN . Z. Jones Associates for rent- al apar ents located on 17 .09 acres in the Preserve , north of the East/hest Parkway and south of the school /park site . Re- questing rezoning from Rural under P .U. D. 70-3 to RBI 2 . 5 multi- ple family residential . Mr . Putnam highlighted the Preserve developmental history and status within the P . U.D. numerous housing types are available- single family detached , single family attached , condominiums , apartments . Explained was the transition from single family to townhouse to apartments--the latter of which is now being pro- posed . Referred to was the Planning Staff report of December 26 , 1973 . Mr . Scott Godin of Mark Z. Jones and Dick Schwarz , architect and planner outlined the site proposal . Two types of housing would be provided on the site--family oriented multiple units and an apartment corridor building with underground parking and security system. The problem of placement of the buildings on the site was tackled and wrestled with, said fir. Godin , and it was decided to place the multiple units closer to the school site and park area as the units would house families more apt to use them. The multiple unit area would have auto courts and pedistrian courts , the latter of which would open onto the open space . A pathway system will connect this area with others in the Preserve . The two and three story corridor apartment buildings will be placed on the more linear site overlooking the park land . The building will be serviced by underground parking . I1r. Godin stated that when the church site was decided upon , economics dictated the density and land use . An honest difference of opinion about the situation of the buildings exists between the developer and Fir . Putnam, said Or . Godin . Council sleeting -G- January 8 , 1973 VIII .B . Basswoods dl site ( continued ) sir . Putnam reviewed his recommendations and said that given the site the developers have done a good job siting the build- ings but it is his opinion that the buildings do not belong where they are sited . The corridor building comes off as a wall of building . Double loading requires a linear building resulting in some units orienting to the auto court . Another problem is that parking occurs at the same grade as the first floor . 11r. Penzel asked about the walkway system to which Mr . Carter replied that the system will be presented when Basswoods projects have been approved . Until that time it would be futile to determine a pathway system as there are too many loose ends . In answer to questio ns from Mr . Osterholt, Mr . Putnam stated that the church site designate and school site dedication was mutually agreed upon by the developer and Village ; the traf- fic volume from the d1 site would not create any undue prob- lems since entrances would be made onto a collector then the E-W parkway; the relationship between the single family and corridor building is satisfactory as there is a natural break between the two . The minutes of the Planning Commission meeting of January 3 were distributed . A motion was made by lir . Penzel seconded by fir . f1cCulloch to continue the public hearing to the February 12 Council meetinc and refer the proposal back to the Planning Commission for re: evaluation of : a . P!umber of units proposed . b. Relative location of apartment type unit buildings (Planners recommendation of having them on the wester ly portion of the site) • c . Design of larger buildings particularly in regard to their physical shape ( long buildings not appealing ) . [-lotion carried unanimously. IX . PETITIONS , REgUESTS AND CONi•1UNICATIOUS . A. Letter from ilinnesota Highway Department dated December 27 , 1973 concerning intersection of T.H . 5 at Mitchell Road . A motion was made by i4r . 11cCulloch seconded by fir. Penzel to receive and file the December 27 , 1973 , letter from the State Highway Department . Notion carried unanimously . B . Letter from 11r. John Suback dated December 21 . 1973 , in suppc of liquor license app cat on . A motion was made by Nr . Penzel seconded by Mrs . Meyers to r: ceive and file lir . Suback ' s letter and to instruct the flanagf to publish notice of public hearing for rezoning if necessar• and for application of liquor license for February 12 . floti carried unanimously. Council Neeting -7- January 8 , 1974 . _ X. RESOLUTIONS Af'1D ORDI HANCES A. Resolution No . 796 authorizing the issuance of on-sale liquor Icense for Brem Corp. ( Eden Rouse Supper Club on Flying Cloud Drive) . The Council was familiarized with the previous action taken. Mr . Heinrich stated that the Planning Commission had considered the proposal and approved the site and land use . Although the Smetana Lake area is under study , the heavy industrial use could support a good restaurant . When iir. Penzel requested information regarding the applicants ' intentions about signing , i1r. Haugen stated that the sign on { top of the building would be eliminated and a sign placed at the front of the property. A motion was made by Mr. iicCulloch seconded by 1-1r . Penzel to adopt Resolution F'o . 796 authorizing the issuance of an on-sale liquor license for Brem Corporation subject to compliance with the the recommendations made by the Fire and Building Inspector Ed Sherman in his memo to Mr . Heinrich , Village Manager . Motion carried unanimously . B . Second Reading , Ordinance Mo . 245 , an ordinance relating to conduct on school grounds . A motion was made by firs . Meyers seconded by Mr . Penzel approv- ing the second reading of Ordinance No . 245. Motion carried unanimously . C . Second Reading , Ordinance No . 246 , ordinance containing regula- tions for the use of n erson a es . A motion was made by itlr . Penzel seconded by Mr. McCulloch to approve the second reading of Ordinance No . 246 . !lotion car- ried unanimously . • flayor Osterholt requested that the staff investigate what measures Bloomington has taken to control the use of Anderson Lakes . XI . REPORTS OF OFFICERS , BOARDS AND COHOISSIONS A. Reports of Village Engineer : 1 . Consideration of Plans and Specifications for Project STM 3- -17 . Nr . Jullie reported that this project had been ordered by the Council on August 28 . Construction will consist of 11 ,000 feet of storm sewer and 230,000 yards of excavation ,r work for drainage ponds . The estimated cost is "$725 ,000 (, with the cost assessed to all properties within the drainage area . Bids will be called and a recommendation to the Council made February 12 , 1974 . Council fleeting -8- January 8 , 1974 XI .A . 1 . Project STii 73-4-17 ( Continued ) A motion was made by Mr. Penzel seconded by Mrs . Meyers to adopt Resolution No . 805 , approving Plans and Specificaticns for Project STH 73-4-17 , Improvenent Contract Ho . 51 -259, Neill Lake District Improvements and ordering advertisement for bids . i'lotion carried unanimoushy . 2 . Approve Hennepin County Plans and Specifications for Project 6019. The Council was familiarized with the project and area . The new bridge to be placed north of the present structure mould be 44 feet wide and 23C feet long . In answer to Airs . Meyers ' question , Mr . Jullie stated that the two ten-foot shoulders would permit pedestrian or bike passage . Mrs . Pauly voiced conern about the Lakeland Terrace area residents and suggested that they be informed of the action of the County . x A motion was made by Mr. McCulloch seconded by Mrs . Meyers to adopt Resolution No . 806 approving plans , specifications and special provisions for Hennepin County Project 6019 . Motion carried unanimously. t 3 . Acce t for continuous maintenance various new streets and utilities . A motion was made upon the recommendation of the Village Engineer by Mrs . Meyers seconded by Mr . Penzel to accept for continuous maintenance subject to a one-year warranty commencing January 8 , 1974 , the following streets and utilities : a . Creekwood Estates 1st Addition : sanitary sewer, viater- main , and storm sewer. b. Edenvale 7th Addition : sanitary sewer , watermain , storm server ; bituminous surfacing , concrete. curb and gutter on Summerhiil Drive . Motion* carried unanimously. 4 . Approve Final Payment to C. S . McCrossan , Inc . for Mitchell Road Project S R 72-3-05 . A inotion was made by Mr . Penzel seconded by Mrs . Pauly to approve final payment to C . S . PZcCrossan , Inc . for (Mitchell Road Project STR 72-3-05 ( I .C. 51-250) in the amount of $303 ,653 . 77 , less all previous payments and subject to a one-year warranty of all materials and workmanship commenc - ing January 8 , 1974 . Payment is approved upon the recommen- dation of the Village Engineer. On roll call , all voted aye . Motion carried . 4. Owl M,y iieeti ng -9- January 8 , 1974 Lounc sorts of Director of Community Services: Consideration of options to purchase Brown and Blacklock I _ properties on Anderson Lakes for park purposes . ,•;r . Jessen reviewed the present status of land acquisition around Anderson Lakes . His memo of January 4 explaining the purchase terms for the Brown and Blacklock properties was highlighted . The purpose of having a contract for deed , said 1.1r . Jessen , is to give the seller a tax advantage and the Village immediate access to title which is necessary to ob- tain funding . Mayor Osterholt expressed concern about the purpose of the grown property. If the Gorra property purchase is not- con- summated , the Village might not wish to be holding the Brown land . If this should happen , said Mr . Jessen, the Village could sell the property for other use . A motion was made by firs . Meyers seconded by Mr . Penzel to authorize the purchase by contract for deed of the Brown and Slacklock properties on Anderson Lakes as per the purchase agreement under cover of fir . Jessen ' s memo of January 4 , 1974. On roll call , all voted aye . Motion carried . !'r . Jessen was instructed by the Council to contact the State. Planning Agency to advise them of the status of our land acquisition efforts at Anderson Lakes , particularly the Gorra condemnation proceedings . orts of Village Manager : Discussion of resignation of Village Assessor . r Mr . Ken Chambers will be assuming the position of Director of Administration in Robbinsdale and his last day with the Vil - lage is January 11 . The Village will have the option of either replacing "1r . Chambers or contracting with the County. Discussion of SUR newspaper editorial . Steps are being taken at the Staff level to correct the situation . Employees are being briefed on co-workers ' responsibilities and the whereabouts of public requested information. Discussion of orientation program and tour of Village facili - ti es for Vi 1 I age Counci 1 . dr . Heinrich offered to set up orientation meetings and a tour at the Council ' s convenience. It was suggested by i;ayor Osterhol t to wait until warmer weather for the tour . I Council Meeting -10- January 8 , 1974 i XiI . C. Reports of Village Manager ( Continued ) 4 . Discussion of training for Village Staff provided by Wilson r earning Mr. Heinrich reported that fourteen employees took advantage s of the training program which was felt to be very beneficial . i 5 . Valley View Interchange Hearing. The hearing will be held at the Valley View Junior High re- garding the Valley View interchange on January 17 at 7 :30 P. N. The proposal , said Mr. Heinrich, is consistent with the Guide Plan. XII . FINANCES A . Payment of Claims No . 3298 - 3367_. A motion was made by Mr. Penzel seconded by Mrs . Pauly to approve for payment Claims No. 3298 - 3367 . On roll call , all voted aye. fiotion carried . B . Cush and Investment Report. A motion was made by Ctrs . Heyers seconded by Mr . Penzel accept- ing the Cash and Investment Report dated December 31 , 1973 . Notion carried unanimously. C . G. 0. dater and Sewer Bond Sale extended until February 121, 1974 A motion was made by Mr . Penzel seconded by Mrs . McCulloch to extend the sale of General Obligation Hater and Sewer Bonds to February 12 , 1974 . fiotion carried unanimously. A motion was made by Fir. Penzel seconded by Mrs . Meyers to adjourn the January 8 , 1974 , Council meeting at 12 :05 a .m. (lotion carried . Suzanne K. Lane, Deputy Clerk r 'l,