HomeMy WebLinkAboutCity Council - 01/27/1970 - Village Meeting MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, January 27, 1970 7:30 P.M., Village Hall
Members present were Mayor Osterholt; councilmen Haugen, Redpath, Nesbitt
and Lieb. Also present were Village Manager George C. Hite and Village
Attorney Harlan Perbix.
I. MINUTES OF OCTOBER 28 AND JANUA,RY 13 1970
c ion on the minutes of October 28th was deferred until the meeting of
February loth. The Minutes of January 13th were approved without correct-
ion.
II. PUBLIC HEARINGS
A. on on egeel a Real tom+. The Manager reported that notice of the hearing
had been p— ubllshed Iri the Eden Prairie Sun on Thursday January 8th and
that copies of the notice had been mailed to nearby Eden Prairie, Bloomington
and Edina property owners.
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Mr. Richard Condon, partner of Condon-Naegele Realty, presented to the Council
a letter dated January 27, 1970, confirming their intent to "construct a x
building and site approvements in accordance with the site plan prepared by
D.K. Ripple and submitted to the Council as a condition for rezoning. "
He reported that one of the partners of Anderson Pontiac, which car agency
had been previously cited as the prospective tenant of the Condon-Naegeie
development, had apparently commited Anderson Pontiac to a site in the City
of Bloomington but that there was some disagreement between the partners
relative to that decision. Mr. Condon said that in the eve n t Anderson
Pontiac would not be a tenant , he was certain that other car agencies
would be interested in the site.
The Village Manager presented copies of the Bloomington City Council minutes
of January 19th, 1970 , at which time Mr. O.R. Anderson, president of Anderson
Pontiac Inc, , informed the Bloomington City Council by letter that Anderson
Pontiac "was not interested in the site outside the City of Bloomington and
that they intended to build at 2001 West 80th St. , in the City of Bloomington
and hoped to be able to move in and do business on that site by July 1,1970."
The Manager also reported that the staff report submitted to the Eden
Prairie Planning Commission -had incorrectly reported that the other quadrants
of the 494-County Road 18 interchange were zoned open space in Edina, medium
and low density residential in Bloomington, and I-5 Park and. Public in Eden
Prairie. Actually all four quadrants are within the City of Bloomington and
with the exception of the northwest quadrant which is z oned freeway
development, all others are zoned single family residential . The Manager
presented the recommendation of the Planning Commission as set forth in their
minutes of December 2, 1969. The Commission had recommended that a portion
of the subject property be zoned so that it could be used for a car agency
subject to the development conditions set forth in the Brauer and Associates
Staff Report dated December 2, 1969; the establishment of scenic easements
on the southwest corner and along the northerly portion of the tract; and,
restrictions on signing which would produce signing equivalent to that
normally permitted in an industrical district.
Council Minutes
January 27, 1970
Page 2
Mayor Osterholt said he was concerned that there seemed to be some
evidence that one community was being played against the other with
regard to rezoning. He noted that the site was located at one of the
principal entrances to the Village and that it would be a mistake to
permit or otherwise encourage the establishement of any use on the
property that might constitute an eyesore. He asked what other kinds
of uses might be permitted if the requested rezoning were granted. The
Village Manager said that many of the free standing usesnormally found
on the perimeter of major shopping centers would be a possible use. The
Manager cited furniture stores, offices and car agencies as typical
examples.of such uses.
The Manager recommended that the lack of specifics with regard to teh
proposed use of the property might make it difficult to respond to the
requested rezoning, but that the Council might consider approving the
first reading of the rezoning ordinance with the intent that the second
reading would not be granted until such time as the specifics of the
proposal had been submitted, reviewed and approved. He also noted that
it would be necessary for the applicant to secure a zoning variance
from the Board of Appeals because of the greater than permitted amount
of outside merchandise displayed. The Board of Appeals would be in a
position to place a number of conditions on the use of the property in the
process of reviewing the variance request. The Manager also recommended
that in the event a car agency were to be established at this or any other
location that the Council might consider regulating such activities through
an annual business license. Each of the Councilmen expressed their concern
about the prospect of granting a rezoning when there were so many un-
certainties about the proposal and indicated that they felt the applicant
had failed to fulfill his responsibility in providing the Council with
adequate information upon which to make a decision.
MR. Haugen moved that the attorney be instructed to draft an ordinance which
would accomplish the requested rezoning for first reading consideration by the
Council at its next meeting. Mr. Lieb seconded. All voted aye. Motion
carried.
Mr. Roger Peterson, an attorney representing Condon-Naegele Realty, urged
the Council to take immediate or early action on the request in that it
would be difficult for them to negotiate with Anderson Pontiac or other
automobile agencies unless they were certain about the rezoning of the
property.
Mr. Haugen moved that the public hearing on the Condon-Naegele request be
continued until the meeting of February 11 , 1970. Mr. Lieb seconded. All q
voted aye. Motion carried.
III. PETITIONS,REQUESTS AND COMMUNICATIONS
A-. en'Prairie Lions Club. onD anion of Rescue Truck. Schooner Days of
Round Lake Park. Mr. Lieb, as secretary of the Eden Prairie Lions Club
pre sen a an read to the Council a letter dated January 26, 1970, advising ;
the Council that the Lions Club had voted to purchase a rescue vehicle for
the Village. The Club indicated that it had $2,000 currently available and
would pay the total cost by July, 1972. Mr. Jack Hacking, a member of the
Lions Club, presented information about the proposed rescue vehicle and
indicated that he would work with the Village Manager in preparing the
Council Minutes
January 27, 1970
Page 3
specifications for the unit. Fire Chief Ray Mitchell advised the
Council that the rescue unit would be very helpful in their work.
Mayor Osterholt expressed the appreciation of the Council and all
the Village's residents to the Lions for their community service
and generosity. Mr. Lieb also presented a latter dated January 26,
1970, requesting that the Council authorize the Lions Club to
utilize Round Lake Park for the purpose of their annual Schooner Days.
The tenative dates for the festival were June 6th and 7th.
Mr. Redpath moved that the Council approve the Lions Club request for
the use of Round Lake PArk. for the 1970 Schooner Days. Mr. NEsbitt
seconded. All voted aye. Motion carried.
B. Henne in County Hi hwa Department. The Village Manager reported
that-The Hennepin County Highway Uepartment had by letter dated January 20th
advised the Village that they had evaluated the speed limits on County
Road 4 between TH 5 and West 62nd St. The Minnesota Highway Department
had also assisted in this study.
The letter reported that the evaluation indicated that no changes in the
present speed limits were warrented at present. The speed limits were
warrented at present. The speed study had been conducted on December h
22, 1969, and disclosed that most vehiclis were traveling between 42 and
51 miles per hour and that 85% of the traffic was traveling at 51 miles
per hour and less. The Village had requested that a 35 mile per hour
speed limit be established along this segment of roadway. The Council
noted that at the time the study was conducted there was no pedistrain
traffic or school bus traffic and instructed the Village Manager to ask
the Highway Department to re-evaluate the situation at a time when there
was pedestrain traffic'.to and from Round Lake Park and School bus traffic
along the road.
C. Eden Prairie Fire De rtment. 1968 ActivitZ Report. The 1969 activity
report of the Eden Pra r IF Voluneer Fire Department was submitted by Chief
Ray Mitchell . The report indicated a total of 101 fire alarms during the
year including 57 grass fires, 8 auto fires. 2 medical emergency, 5 accidents
and 2 false alarms. The men of the department had accumlated 2,325 hours
of training time during the year. The Village Manager reported that because
the fire department hdd been able to assuem responsibility for initial
response to fires that the Village had been able to substantially reduce
its cash outlay for services by outside departments. He reported that a
total of 1969 fire protection expenditures of approximately $11 ,000 of
w°nich only $2,000 was for outside fire service. Each of the Council members
complimented the Department on their service to the community during 1969.
The Council also asked that the Manager express : the Village's appreciation
to Char Lynn Company for their making available their water supply for fire
protection purposes.
IV. APPOINTMENTS
A. Planning Commission. Mr. Nesbitt moved tha Mr. Skjelbostad be re-
appo ntea to a Tnree year term on the Planning Commission. Mr. Redpath
seconded. All voted aye. Motion carried. Other appointments to the Planning
Commission were deferred until the meeting of March 10th.
Council Minutes
January 27, 1970
Page 4
B. Park and Recreation Commission. Mayor Osterholt recommended that
Mr. Hill Garens and Mr. Vennis on be appointed to thtee year terms
on the Park and Recreation Commission. Mr. Haugen moved that the Mayor's
appointments be approved. Mr. Nesbitt seconded. All voted aye. Motion
carried.
C. Board of Zoning Ap eels. Mayor Osterholt recommended the appointment
of Mess s. omer Reguet, ob Lieb, Anthony Hirt, Henry Fosnocht, and
Roger Pauly, to the Board of Zoning Appeals. Mr. Haugen moved that the
Mayor's recommendation be approved. Mr. NEsbitt seconded. Councilmen
Haugen, Nesbitt t#eb and Mayor OSterholt voted aye. Mr. Redpath abstained.
D. Village Attorney. The Village Manager recommended the appointment of
Mr. Marian Perbix as village Attorney for 1970. He also recommended that
Mr. Perbix's hourly rate be increased from $25.00 to $30.00. Mr. Nesbitt
moved that Mr. Perbix be appointed Village Attorney, and that the fee structure
be revised as recommended. Mr. Redpath seconded. On roll call , all voted
aye. Motion carried.
V. RECOMMENDATIONS AND REPORTS
Treasurer's Bond. The Manager recommended the approval of a public
official - on n the amount of $50,000 for treasurer Robert Lapic. The
bond would be for 1970 and 1971 . The recommended corporate surety would
be supplied by Contbnental Casualty Company with a two year premimum of
$248.00. The Manager noted that he and secured one other proposal for the
bond from MARTFORT Insurance Compa nt with a total premimum of $416.00.
Mr. Nesbitt moved that the Council approve the recommended bond. Mr.
Haugen seconded. On roll call , all voted aye. Motion carried.
B. Em to ees Insurance Program. The Manager recommended that the $3000
term 11re insurance policy now being provided to Eden Prairie employees
byrthe Village be increased to $5.000. The coverage is provided as part
of the insurance package the Villages in purchasing throught Hennepin
County. Because of substantial reserves created by the County over the past
several years, the additional premimum for the $2,000 increase in coverage
would be one cent per month. Mr. Redpath moved that the Village provide
$5,000 worth of term insurance for its employees under the berms re-
commended by the Manager. Mr. Nesbitt seconded. On roll call , all voted '
aye. Motion carried.
C. Contract for Planning Services. The Manager presented a proposed contract
with Brauer and Assocl-ates for panning services during 1970. The Council
asked that the contract invorporate the working relationship of the Council
and the Planner be revised and that the contact incorporate the working
relationsip that extists between the Planner and the Manager relative to
the Planner providing services for developers within Eden Prairie, No '
action taken.
D. Engineering b Technical Assistance State AideRoads . Mr. Lieb moved
the a option of Kesolution No. 3219 authorizing the Village Manager to
request needed engineering and technical services from the Minnesota Hifhway
Department on Municipal State Aid Street projects. Mr. !Nesbitt seconded.
On roll call , all voted aye.
Council Minutes
January 27, 1970
Page 5
E. Citizens Adysiory Commission Meeting. Mayor OSterholt reported that the
Citizens Advisory Commission would a its first meeting on February 12th
at 7:30 P.M. at the Village Hall. He said that notices of the meeting would
be mailed to all Eden Prairie civic groups.
F. Recreation Director. A memorandum dated January 26, 1970, prepared by
the Village Manager regarding the addition of a recreation director to the
VIllage staff was reviewed. The Manager had recommended the employment of a full
time recreation director fortthe purposes of better utilization of facilities
being provided by the Village and School District; to develop, implement, and
supervise the Village's recreation program; coordinate the recreation
programming of the Village, School District, and Eden Prairie Athletic
Association; to assist the teenagers of the Village in developing re-
creation programing for the youth of the community; and, to assist the
Manager and Park Commission in developing both immediate and logg term
Park development programs for Council consideration.
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The Manager reported that he had discussed the memorandum with both the
Park and Recreation Commission and the Eden Prairie Athletic Association
and that both groups had recommended to the Council that the proposal be
enacted, The Mewrandum recommended that the School District make avail-
able its iaci1ities for recreation programming and agree to provide needed
janitorial service. The Manager advised that the School Board had not yet
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acted upon the proposal , but that individual members of the Board and
administrative staff had indicated their concurrence in the idea.
The Memorandum estimated that the 1970 cost for adding the Recreation
Director to the staff at $8,000. $2,000 was available in the current
budget for recreation services and the MEmorandum recommended that the
additional $6,000 be transferred from other accounts. Mr. H augen asked
what the cost of maintaining this service in subsequent budgets might be,
and was advised by the Manager that the 1971 estimate would be about
$12,000 to $13,000 .
Mr. Lieb commented that the Comprehensive Recreation Study by Ken Rosland
had recommended that the Village retain a full time director as soon as
possible and that this recommendation had had considerable bearing on the
Park and Recreation Commissions evaluation of this proposal .
Mr. Lieb moved that the Village Manager be authorized to add a recreation
director to the Village staff at a cost and in the manner recommended in the
January 26th memorandum. Mr. Redpath seconded. On roll call , all voted
aye. Motion carried.
G. Minim Licenses. A map showing the location of existing and proposed
mining perm sites was submitted to the Council by the Manager along with
recommendations regarding the issuing of 1970 mining licenses. The report
disclosed the existence of 14 mining permits and 3 request for new permits
pending. Three of the existing 14 permits were for pits in the process of
being Closed, with no request for 1970 licenses at those locations. The
Manager recommended thathtbe licenses requested by B.& R. ROck, Bury Carlson,
Herlieve Helle, Mason-Astelford-Carter, Sam Glen, Phehal , and Bury-Carlson-
Swensen, be a-proved. He asked that the Council defer action on the other
license applications until such time as additional investigation of these
pits had been completed. It was reported that the Planning Commission
Council Minutes
January 27, 1970
Page 6
would soon be considering a policy paper on mining activity in the Village
as well as possible amendments to the existing mining ordinance. The
Manager requested that action on the three pending mining permits be
withheld until the Commission's policy and ordinance recommendations
had been submitted to the Council .
Mr. Haugen moved that the recommended 1970 mining licenses be approved.
Mr. Nesbitt seconded. All voted aye. Motion carried.
VI. ORDINANCES
'Busiess Licensina Ordinance. The Village Attorney submitted a draft
of a new s ness licensing o Hance which had been prepared in response
to the action taken by the Council at its last meeting. Mr. Haugen moved
that the proposed ordinance be ream ved for study. Mr. Nesbitt seconded.
All voted aye. Motion carried.
B. Council Particia tion on Advisor Commissions. Mr. Nesbitt asked that the
quesTion as to wnetner or not councilmen should continue to serve on the
advisory commission be placed on a future agenda. Following some
discussion on the pros and cons of the existing arrangement it was agreed
that the council would consider the subject at subsequent meeting.
Meeting adjourned at 10:25 P.M.
Ed na M. lmglren,, Clerk(/
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