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HomeMy WebLinkAboutCity Council - 06/09/1970 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, June 9, 1970 7:35 P.11. , Village Hall r1embers present were Mayor Osterholt, Councilmen Redpath, Haugen, Nesbitt, and Lieb. Also present were Village Manager George C. Hite and Village Attorney Harlan Perbi x. I. PRESENTATIONS A. Citizen of the Year Award to Jack Hacking. Mr. Charles Grace, representing the Eden Prairie Lions Club, presented his dlub' s Citizen of the Year Award to 11r. Jack Hacking for his outstanding service to the residents of Eden Prairie over the past year. He reviewed fir. Hacking' s accomplishments both as a public servant and as a private citizen and expressed the appreciation of all Eden Prairie residents to 111r. Hacking for his contributions to his community. Mr. Hacking and his children were present to accept the award and he expressed his thanks and appreciation. t G. Eden Prairie Community Club. Mayor Osterholt advised that the Community Club had cnate to the Village to assist ir the equipping of the a Village's new rescue vehicle. He expressed she appreciation of the Council { for this donation and asked that a note of thanks be sent to the club. P E II. PETITIONS, REQUESTS AND COMUNICATIONS ► A. Condon Nae ele Realty. Request-for Painted Bulletins on Interstate 494 1 Property. Mr. Richard Condon, appearing on behalf of Condon Maegele Realty, presented their application for eight 14 ' x 50' billboards along the north side of Interstate 494 between County Road 18 and County Road 60. tie indicated that his conpany owns the property and that most of it was zoned for commercial purposes and that in their opinion signing of the type proposed was appropriate in such a situation. He indicated that 'he hardship iiiposed by taxes made it imperative that they drive some income from the property. fie asked for imm,:d ate council approval or denial of his application. iaY*or Osterholt commented that he felt that the signs proposed in the 494 cloverleaf i,iterchange area would cause driver distraction and a resluting traffic problem. Mr. Lieb aske d if the signs would be lighted and was advised that they would be. Following considerable additionc.1 ciscussion, 11r. Redpath moved that the Council deny the application pending presentation of a sign ordinance to the Council for consideration within the next two months . 11r. Lieb seconded. the motion. All voted aye. Motion carried. B. Eden Land Corporation. Notice of June 10 neighborhood Meeting. The Manager dir--ect eTthe ounce s attention to a notice of June l0tii ►;ieeting to be conducted by the Eden Land Corporation for the purpose of advising persons residing within their project area of their proposals. The meeting would be held at the High School at 8:00 P.;1. C. Olympic [fills Golf Club. Request for Private Bottle Club License. The Manager recommended that the application be approved butat tfie Stare—I Stare-I iquor Control Conriii ssion be advised that the Olympic Hills Golf Club was not yet completed. Mr. Lieb moved that the license be issued. Mr. Redpath seconded. All voters aye. Motion carried. Cou nci 1 !ii nutes June 9, Pa(ic 2 U. Topview Acres. Petition for Lateral Utilities. Mr. Ron Lonsviell presented a petition by property owners in the Topview Acres 2Fd and 3rd Additions requesting tLat the Council install lateral sanitary sevrer and watermains within their subdivision. iIr. Lonswell indicated that a number of property owners were having difficulty with their septic tanks and wells. The petitioners represented approximately 3/4 of the affected property owners _r. Redpath roved that the petition be accepted and that the Manager be directed to prepare preliminary cost estimates for public improvement hearing, purposes. flr. Nesbitt seconded. All voted aye. Motion carried. E. Property Division. ur 16011 flilltoe Road. Mr. Lieb moved that the Council adopt reso ution No. 349 approving the proposed division. of Lot 1 Block 2 Eden Heights Addition subject to no building permits being authorized bn the Valley Road frontage until such time as that road is improved, to public road standards. F1r. Nesbitt seconded. All voted aye. motion carried. 2. Modern Tire Co. 9001 Flying Cloud Drive. i'r. Redpath moved that t,re Council adopt Pesolution No. 350 approving the proposed ;property division submitted by ;Modern Tire Co. subject to the easterly line of the division beirig not pore than 5CO from the ripi►t-of-way line of T.H.169. t'r. Lieb seconded. All voted ave. i'otion carrieM'. 3. 'J.J. 11--1 i n. 9950 Fennett Place. `ir. Nesbitt novrd the adontion o, eso a ion ;,o. 351 approving the division of lots 11 and 12 . Eden Prairie Acres , as Proposed by �lr. V.J. 14cl in. Mr. Redpath seconded. All voted aye. Motion carried. F. Dr. John Savaryn. Complaint Regarding Villa e Tres ass on His Found Lake property. ;)r. Savaryn, advised th(2 Councilthat his property is located on the --T Sou ::1 sidle of i:ound La :c an;` i ,,niectiately adja: nt to the round Lake Park. Vr cor,r,l a i ned that the Vi l l ape had knch-;li ngl y trespassed on his property in the prrc ss of gradIin( the park and constructing the hoc',• y rink. The Tanager r�_,..ortedl t,iat the c;radinq contractor had assuried that a fence line represented a property 1 i lle I)ut that a subse,ucrzt check had; indicated that that was not t(re case. fie said he :vas not certain as to whether or not the hockey facility was partially constructed on Dr. Savaryn's land and that a boundry survey of Dr.Savaryn 's property had been ordered. He noted that the Savaryn parcel was the only Round Lake Park parcel that the Village had not yet acquired. The Council had authorized condemnation of the property which proceedings were now underway. favor Osterholt expressed an apology on behalf of the Village for any trespass- incl that may have occurred. G. Georoe C. Mauer. Notice of Petition for Court Review of ZoninQ Denial . The Village Attorney advised le Council that ,r. George C. 71auer had petitioned the courts for review of the Council 's denial of his request for industrial zoning on the South side of County Road 1 and east of TN 169. III . RECO!'IMENDATIONS AND REPORTS A. Anderson-Bus -N an Area H drolo ical Stud . Proposed by Nine Mile Creek Watershed is r ct. The Village Manager presented and reviewed the proposal of the Nine ri a reek Watershed District for Village participation in a hydro ogical study of the Anderson, Bush, Hyland Lakes area. The total estimated i cost of the study was j12,00O and it was proposed that this cost would be Cou tic i I*inutes June J, 1970 Page 3 shared equally by the City of Bloomington, the Village of Eden Prairie, the Hennnein County Park Reserve '0istrict and the Watersied District. The Eden Prairie share would be approximately $3,000. Purpose of this study would be to determine the most desirable lake levels and the maximum fluct;;ation of each of the lakes and to set forth various alternative methods of providing lake level controls including possible supplemental sources of water supply to maintain the lake levels. The Manager said that he felt the study was most important and recommended that the Village participate. Mayor Usterholt said that he was in accord with the need of the study but he flet that studies conducted by the Watershed District should be paid for out of their own funds. lie noted that only a portion of Eden Prairie was located within the Nine Mile Creek Watershed District, and that if the Village were to use general property tax proceeds to pay its share, all of Eden Prairie would be participating. Councilmen Nesbitt and Haugen expressed their con- currdnce in the 11ayor' s position. Mr. Nesbitt moved tnat the District be advised that although it concurred in the desirability of having the study conducted, it does not feel that it should be financed by funds other than those derived by the Nine Mile Creek Watershed District. Plr. Lieb seconded. All voted ave. Motion carried. B. Ochs brick and Tile Co. Planning Commission Recommendation on Rezoning �RRe_ggue__s__t. The Manager advised that the Planning Commission had recommended that i`e petition of Ochs Brick and Tile Co. for an Industrial-General zoning ( on the north side of TH 5 and immediately east of the railroad be approved. rlr. Redpath moved that the Council schedule a public hearing on the proposal for June 23. Mr. Nesbitt seconded. All voted aye. 'lotion carried. p C. Don Anderson Mining Ap2lication. Planninu Commission Recommendation. The Village Nana( reported }a r. Anderson's application, which a ueen originally submitted to the Council at its rieeti ng on !'ay 12, 107!� was re- 2 viewed by the P1 anni nn Cor-ni ssi on at its neeting on June 2,, .The Corgi ssion had recormrended that the request be denied. A staff report dated ,tune 2, r ,-,is revi&r.,ed loi thr 'ianager. i 71r. Anderson was ;present and advised the Council that he could not concur with d the conclusion reached in the staff report that would be possible to develope the property for residtential purposes l•iithout riin-;nq the property to the extent t,rat he had proposed. TT'ie Council reviewed the topographic maps by '"r. Anderson i►, his application and ,,jays pr.pared Ly the Village staff in the process of producing tip;: June 2nd staff report. '*r. ►?edpath moved that tine appl ication of Don Anderson for a mi ni nq permit be denied in that the property lies completely within a resirentiai : -•ea, that it represents one of the more significant and important e2!:olorlical features in that t,ie evidence subriitted by the applicant did not sc>eri to support Phis contention that rrininq to the extent of that proposed is necessary in order to rake it feasible to develope the site. fir. Lieb seconded. All voted aye. "otion carried. ri. Edina Building Inc. Planning Commission Recommendation on Planned Unit Develo Trent Concept ro osa he tlanager reported that the Panning oMission was in the process of reviewing the Planned Unit Development Concept Proposal following its meeting of July 7. f1r. Nesbitt moved that the Council schedule 4 a public hearing on the Edin Building Inc. Planned knit Development Concept Proposal for its first meeting in July. 11r. Redpath seconded. All voted aye. notion carried. w E. nuisance Complaints. Recommendations on Enforcement Actions. The Village N torney reported on his contacts M777_77rthur Miller regarding his alleged :.. dilapidated dwellings on County Road 4 near Scenic f1 ights Road. fie said that C he would have a further report at the Council ' s next meeting. 10 The Attorney also reported on his investigation of the allegations that Mr. LLJ Cecil "ortin was utilizing his property at the intersection of Rainbow Drive G? and County Road 4 in a manner contrary to the provis- cris of the zoning ordinance. < fie said he felt that the Village had enough evidence to proceed with litigation. LdMr. Herb Fosnocht and Mr. Meinke were present to restate their concerns about c- r1r. Hartin's operation and to encourage the Council to proceed with whatever litigation was necessary to correct this situtation. fir. Martin was present M and discussed the use of his property at some Length with the Council . fie contended that he was not violating the ordinance in that at the time he bought it its zoning permitted the present use. The Council instructed the Village 0 Attorney to proceed with whatever steps were necessary to resolve this situation. 0 m The Attorney also reported on his contacts with the owners of Bulk Commodities Inc. regarding their alleged violation of the Village nuisance and zoning ordinance. fie reported that the feline Mile Creek Watershed District had requested the State Poilution Control Agency to initiate legal action against the Company for polluting the creek. He said that he was of the opinion that the Village had sufficent evidence to proceed. The Council advised the Attorney to proceed as necessary. F. Kings Forest Park-School Phase I Design. Contract for Design Services. Mr. Redpath cloved that the Village Manager and Mayor be authorized to enter into a contract on behalf of the Village with Brauer and Associates for the design and supervision of construction of the Kings Forest Park-School Phase I si e work. f1r. Lieb seconded. On roil call , all voted aye. Motion carried. IV. FIrift7lCE> A. Purchase of $75,000 TemporarX Improvement Bond b General Fund. The Village Nanager presented a statement of forecastof casi position for t e period June 1 through December 31 , 1970. On the basis of that forecast he recorunended that the Village temporarily refinance the $75,000 1960 Temporary Improvement Bond :wJ internally. The Bond became due on .tune 1 , 1970. $65,000 of the bond would need to be refinanced. fie recorinended that the Village's General Fund purc'ase the $65,000 bond at a rate of 7" per annum and that the bond become due on Q{ October 1 , 1970. Mr. Redpat:, ri,oved that t ,e Council adopt Resolution No. 354. ,Zl authorizing a General Fund purchase of $65,000 Temporary Improvement Bond at the rate of 7 per annurr., with the bond becoming due on October 1 , 1910. Mr. flesbi tt L� seconded. On roll call , all voted aye. notion carried. W B. Audit of Claims 7406 through 7520. :1r. Redpath moved that claims 7406 U) throug 5,Z be authorized for payment. fir. Lieb seconded. On roll call , all < voted aye. notion carried. LLJ a' C. Review of Cash & Investment Reports fla.4 31 and June 9 1970. The Village "?5 rlanacler presented these reports and reviewed them with the ouncil . fleeting adjourned at 10:15 P.M. Ong �m a Edna M. Holmgren, Clerk