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HomeMy WebLinkAboutCity Council - 08/28/1973 - Village Meeting MINUTES EDER PRAIRIE VILLAGE COUNCIL a TUESDAY , AUGUST 28, 1973 7 :30 P.I1. VILLAGE HALL Council Members : Mayor Paul Redpath, Councilwoman Joan Heyers , Councilmen John McCulloch, Wolfgang Penzel , and Roger Boerger. 1 Council Staff : Village Manager Robert P. Heinrich Attorney Keith Simons I . MINUTES OF REGULAR FIEETIMG HELD AUGUST 14, 1973. A motion was made by tars . Heyers , seconded by 14r. Penzel , to approve the minutes of August 14 , 1973 as published. All voted aye; motion carried. II . PRESENTATION TO MAYOR PAUL REDPATH . Firs . Heyers presented Mayor Redpath with the Certificate of Commendation on behalf of the League of Minnesota Municipalities . The certificate reads as follows : "The Certificate of Commenda- tion is presented to Paul R. Redpath as a nominee for the C. C . Ludwig award for distinguished municipal service. " III . PUBLIC HEARINGS : A. Project STH 73-4-17 , Storm Sewer Improvements for the Neill Lake Drainage BasiF. F Fir. Judie pointed out the area to be included in the project as shown in the feasibility report of August 8 , 1973. He ex- plained that the purpose of the project was to replace and expand the county system of drain tiles and ditches . The project, he stated , has been divided into four systems--Eden Lake, Olympic Hills , Neill Lake , and Outlet. Total cost of the project is estimated to be $723,534 which mould be assessed within the boundarylimits. The assessment rates would be computed in proportion to the amount of rainfall fall runoff from the properties involved which can be consider- ed a function of land use. Runoff, for instance , would be 2 times greater off commercial than residential ; 1--1/2 times greater off multiple family residential and school sites ; the same off golf course properties . Therefore the estimated assessment rates would be : $ 600/acre for single family detached residential and golf course properties . $ 900/acre for multiple family residential and school sites . $1200/acre for commercial property. If approved , the staff would proceed immediately with the � preparation of plans and specs ; bids obtained in October; Council Heeting -2- August 28 . 1973 51 and anticipated completion by the summer of 1974 . The project assessment hearing would be held about a year from now. It would be the staff' s recommendation that owners of homes built prior to June 22 , 1971 , be given special consideration. p Mr. Heinrich replied to the questions stated in a letter from The Preserve dated August 23 , 1°73. Mr. Bob Schumacher , representing Olympic Hills , referred to his letter which is on file in the engineer ' s office. It was their feeling, he said , that golf courses should not be assessed the same as single family residential and that some credit should be received since a dike type structure with pump was built near Neill Lake. Mr. Gil Darkenwald , owner of 10-1/2 acres of land on Eden Lake, was assured that no public access would be granted ` through his property to the perhaps 20' public area next to . the 'ake. A motion was made by Mr. Penzel seconded by Mr. Buerger clos- ing the hearing and adopting Resolution No. 756 ordering improvement and preparation of plans and spec ications for Project STH 73-4-27 . Notion carried unanimously. S . Vacation of Franlo Road between the Ring Road and U.S . 169/ 12. Requested by The Preserve. A motion was made by Far. Boerger seconded by Mr. Penzel to adopt Resolution No. 757 vacating Franlo Road between the Ring Road an / 12. Motion carried unanimously. C. Briarhill F.H .A. 236 multi-family development, Shelter eve opment Corporation. Hr. Heinrich stated that because the feasibility was approved by HUD at $21 ,700 less than the mortgage requested and chang- ing site evaluations , a better site plan resulted . The August 21 Planning Commtission report on Briarhill was ex- plained . Mr. Tom LaSalle of Shelter introduced Mr . Nick Talaia , an architect, who compared the two site plans and explained the changes . Pir. McCulloch expressed concern about the financial stability of Shelter and Mr. LaSalle replied that Shelter is as stable as other land developers, and that there would be no problems with this development. A motion was made by Mrs . Meyers seconded by Mr. Penzel approv- ing the revised site plan required an the basis of the F.H.A. approval . motion carried with Mayor Redpath , Councilwoman Meyers , Councilmen Penzel and Boerger voting aye ; Councilman McCulloch voting nay. � i s Council Meeting -3- August 28 , 1973 C. Briarhill ( continued) A motion was made by firs . Meyers seconded by Mr. Penzel ac- cepting the site plan revisions presented in the report dated August 3 , 1973 , by Shelter Development Corporation . Motion carried with Mayor Redpath , Councilwoman Meyers . Councilmen Penzel and Boerger voting aye; Councilman McCulloch voting nay. D. Olympic Hills Planned Unit Development, 32 acre residential Bevel opment. fir. Putnam, Village Planner, explained the soil and slope problems on the wooded hillside which would be developed with single family dwe-lings and on the peninsula which would be developed with six duplexes . Also explained were the recommendations of the Staff and Planning Commission. Mr. Jim Morris , architect for Olympic Hills, explained the site plan with its varied uses--single family residential , townhouses and duplexes . A motion was made by Mr. Boerger seconded by Mr. Penzel to adopt Resolution No . 761 approving concept plan approval of Olympic Hills PUD, 32 acre residential development in accor- dance with the Planning Staff Report dated July 23, 1973. Motion carried unanimously. E. Prairie East Planned Unit Development , 95 acre mixed residen- tial , Hustad Development Corporation . Mr. Bill Bonner showed slides of the area and explained the site plan with its 41 single family lots . 76 townhouse units , and 6-8 terrace aprtment buildings or condominiums . Mr. Redpath expressed concern that low to moderate income housing - was not present in Hustad development. Mr. Hustad said that the sector study was an adequate expression of what they anticipate the land uses to be. They are looking for a spot where this type of housing might logically happen but it can't be found in their area ; possibly might have to be designed . A motion was made by Mr. Penzel seconded by Firs . Fleyers to adopting Resolution No . 762 granting PUD concept approval for Prairie East PUD for 95 acres of mixed residential . Motion carried unanimously. A motion was made by Mr: -Penzel seconded by Mr. Boerger approving the first readina of Ordinance No. 231 , amending Zoning Ordinance reclassifying approximately 21acres from Rural to R1-13 . 5 for 41 single family lots . Motion carried unanimously. Council Meeting -4- August 28, 1973 E. Prairie East (continued) A motion was made by Mr. Penzel seconded by Mrs . Meyers adopting Resolution No. 753 granting preliminary plat approv- al for the 21 acre s gn a familyplat , R1-13 . 5 subject to the Engineer ' s Report of August 23 , 1973. Notion carried unani- mously. F. Basswoods Forest, single family subdivison located in The reserve. Requesting rezoning from Rural in approved PUD 70-3 to R1-13_5 for 20 acres and 36 single family detached lots. The Preserve's letter of August 28 , 1973 , requesting a blanket variance from the side yard requirements was discussed. Mr. Jul l i e stated that this type of variance is consistent with what has been done in other areas. These variances give flexibility to the builder to save trees , build larger homes. only Mr. Penzel felt thatAindividual variances should be granted and requested that the staff investigate the variance situ- ation . A motion was made by Mr. Boerger seconded by Mr. Penzel to approve the first reading of Ordinance No. 229 to zone Bass- woods Forest to R1-13. 5. Notion carried unanimously. r A motion was wade by Mr. Boerger seconded by Mr. Penzel to adopt Resolution No. 758 approving the final plat of Basswoods Forest including the variance as requested in The Preserve ' s letter of August 28, 1973 , which stated the side yard require- ments in the second paragraph. Motion carried with Mayor Redpath, Councilwoman Meyers , Councilmen Boerger and Penzel voting aye; Councilman McCulloch voting nay. IV. PETITIONS, REQUESTS AND COMMUNICATIONS : A. Letter dated August 9 1973 from Riley-Purgatory Creek Water- shed str ct . A motion was made by Mr. Penzel seconded by Mr. Boerger to receive and file the Riley-Purgatory Creek Watershed District letter of August 9, 1973. Motion carried unanimously. B. Petition dated August 25 , 1973 , from property owners near the intersection or T.H. 15' and'Mtchel Road. A motion was made by Mr. Penzel seconded by Mr. Boerger to re- ceive and file the August IS , 1973 petition and instructed the manager to convey to District 5 Highway Department the Village ' s concern about the hazards of, turning lanes and , tights on T.H. 05. Motion carried unanimously . Council Meeting - 6- August 28. 1973 .1� V1 . REPORTS OF OFFICERS , BOARDS AND COHNISSIONS : A A. Village Attorney Report : 1 . Consideration of ordinance amending the ordinances es- tablishing the Planning Commission , Park & Recreation Commission , and Human Rights Commission , modifying the membership and required quorum. A motion was made by Mrs . ideyers seconded by Mr. Penzel approving the first reading of Ordinance No. 233 amend- ing Ordinance Wo .30 establishing the Planning Commission , Ordinance No . 112 establishing the Park & Recreation Commission and Ordinance No. ill establishing the Human Rights Commission. Motion carried unanimously. 2. Summons from Brooklyn Center. A motion was made by Mrs . Heyers seconded by Mr. McCulloch authorizing the Village Attorney to respond supporting the Metro Council and sewer board. Motion carried unanimously. B. Village Engineer Reports : 1 . Final Plat of Crestwood 73 , Alex Dorenkemper. A motion was made by Mrs . INeyers seconded by Mr. McCulloch adopting Resolution No . 759 approving Final Plat of Crest- good 73 . Motion carried unanimously. The Manager was instructed to submit to the Council a copy of the land hold agreement or progress report . 2. Consideration of agreement with Barr Engineering Company or engineering services on roject STM 73-4-17 . A motion was made by Mr. Penzel seconded by Mr. Boerger to approve the agreement with Barr Engineering for services on Protect STH 73-4-17 . ;Motion carried unanimously. C. Village Manager Reports : 1 . Award bid on backhoe-tractor-highlift combination. A motion was made by Hrs. Meyers seconded by Mr . Boerger adopting Resolution No . 755 accepting the low bid of Val - ley Equipment Co . in the amount of $12,586 for a John Deere Backhoe-Tractor-Highlift Combination. On roll call , all voted aye . I•lotion carried . 2. Reaffirming Federal LA! CON assistance for open space ac- quisition for Fiscal Year 19 4. A motion was made by Mr. Penzel seconded by Mir . Boerger to adopt Resolution 754 submitting preliminary application for Fiscal Year 1974 Federal LAVICON assistance . Motion carried unanimously. Council Meeting - -5 August 28 1973 9 C . Petition dated August 15 1973 , from Eden Land Corporation for extension of Mitchell Road . A motion was made by Mr. Penzel seconded by Mrs . Meyers to receive and file Eden Land Corp ' s petition of August 15 , 1973 . Motion carried unanimously. V. RESOLUTIONS AND ORDINANCES : C. First reading , Ordinance No . 230 , permitting cash contribu- tions in I ieu of land for pu5lic park use and open space con- sistent with the provisions of 1973 State Statutes . A motion was made by Mr. Penzel seconded by Mr. Boerger to approve the first reading of Ordinance No . 230. Motion i carried unanimously. A. Second reading , Ordinance No. 227 , for Creative Housing , Inc . District Rural to R1-13. 5 for 14 acres . A motion was made by Mr. Penzel seconded by Mrs . Meyers to approve the second reading of Ordinance No. 227 but to with- hold publication until a settlement of 0 in lieu of park land dedication is reached . Motion carried unanimously. B . Second reading , Ordinance No . 186 , Tree Disease Ordinance. A motion was made by Mr. McCulloch seconded by Mr . Penzel to approve the second reading of Ordinance No . 186. Motion carried unanimously. D. First readinq , Ordinance No . 232 an ordinance changing the street name of Atherton RoaTwithn Atherton 2nd Addition to Chestnut Drive . A motion was made by Mrs . Meyers seconded by Mr . McCulloch approving the first reading of Ordinance No . 232 . Motion carried unanimously. E . Resolution No . 760 , commenting on the Comprehensive Phase III , A Community Development Guide for Minnetonka , Minnesota , as it affects Eden Prairie. A motion was made by Mrs . Meyers seconded by Mr . McCulloch to adopt Resolution No . 760 , commenting on Minnetonka ' s Comprehensive Phase II Development Guide . Motion carried unanimously. The staff was requested to send the resolution to the Metro Council and neighboring villages for their review. l Council Meeting -7- August 28 , 1973 3 . Consideration of Motorcycle Patrol . Mr . Hacking explaining his report of August 21 , 1973 , stated why a motorcycle patrol would be valuable to the community . . . hiking and biking trails would be accessible , undeveloped areas , parks , playgrounds , neighborhoods .. tot lots and parking areas in townhouse complexes would be more easily patrolled . A motion was made by Mr . McCulloch seconded by Mrs . Meyers authorizing the Village Manager to implement a Motorcycle Patrol and to receive with appreciation the anonymous gift of a fully radio-equipped motorcycle for this Patrol from an Eden Prairie resident. Motion carried unanimously. 4 . Consideration of membership in the seven-county Suburban League of Municipalities and/or membership in the Metro= politan League of Municipalities . A motion was made by Mr. Boerger seconded by Mr . Penzel endorsing membership in the Metropolitan League of Municipalities with dues of $696. Motion carried unani - mously. 5 . Bryant Lake Cooperative Study. Mr. Heinrich reported that Minnetonka turned down with re- gret participation in the Cooperative study by a newspaper article. A motion was made by Mrs . Meyers seconded by Mr . Penzel to instruct the Manager to draft a letter to the Nine-Mile Creek Watershed District requesting them to solicit Minne- tonk ' s financial help for the Bryant Lake Cooperative study. Carried. 6. Request from Eden Land Corporation for a meeting . Mr . Peterson has requested a meeting with the Council to discuss their economic picture. This meeting was set for September 6 at 7 : 30 after which the budget will be discussed . D. Mayor ' s Report : 1 . Announcement - Joint Council /School Board meeting on Thursday , August 30 , 1973 , in Industrial Conference Room at Suburban Hennepin Vocational -Technical School at 7 :30. 2 . Zip Code Application for Eden Prairie. A motion was made by Mr. Penzel seconded by Mr . McCulloch adopting Resolution No . 763 requesting assignment of a zip code number to the i age of Eden Prairie by the U. S . Postal Service. Motion carried unanimously : Council Meeting -8- August 28 . 1973 E . Village Clerk' s Report : 1 . Village Clerk' s Recommended License Application List dated August 28 , 1973 . Mr. Douglas stated that the four dogs are in a fenced area and are only outside the home for several hours . The next door neighbors--Chermack and Franchuk have no objections to the dogs . Complaints from other residents of the neighborhood have been received , however , and have been investigated by the Manager and Public Safety Director. A motion was made by Mrs . Meyers seconded by Mr . Penzel approving the License Application List of August 28, 1973 with the private kennel license to expire December 31 , 1973 and the situation to receive close observation. Motion carried unanimously. VII . FINANCES: A. Payment of Claims No . 2338 - 2556. A motion was made by Mr. Penzel seconded by Mrs . Meyers to approve payment of Claims No . 2338-2556 . 0n roll call , all voted aye. Motion carried. B . Cash and Investment Report. A motion was made by Mrs. Meyers seconded by Mr. Boerger to accept the Cash and Investment report dated August 1 , 1973 . Motion carried unanimously. The meeting adjourned at 12 : 50 a .m. Suzanne K. Lane , Deputy Clerk