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HomeMy WebLinkAboutCity 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. r 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 . i 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. l 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. i Council Meeting December 26 , 1973 V . RESOLUTIONS A !D ORDI t ANICES ( Continued ) F: 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 . s 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 a 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 i 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 C