City Council - 07/08/1969 - Village Meeting MINUTES
IDaa PRAIRIE VILLAGE COUNCIL
Tveday July 8, 1969 7:35 P.M. Village Hall
The invocation was given by Councilman Paul Redpath. The Council and
audience joined Mayor Osterholt in the Pledge of Allegiance. b�rnbers
present were; Mayor Osterholt, Councilmen Haugen, Redpath,Shultz, and
Nesbitt. Also present were Manager George Hite and Attorney Keith Simons.
I. MIt='E.S OF MAY 21., 1969.
e minutes o rlay 2 , 969 were unanimously approved.
II. PCMLIC 11EARINGS.
A. 1969Temporary Street rovements.
Manager Utte breitly reviewed—ht a estimates presented at the first,
or June 24th, Public Hearing on the proposal. He _that
the proposed tanporary street surfacing in the Durk Lake and School
Additicn areas be deleted fran the project because of the probability
of sanitary sewer and water main construction within those areas
during the next 12 to 24 months. Residents of Cedar Ridge Road and
Sunrise Circle Last and West confirmed a majority interest in favor
of the project on their streets.
Mr. Shultz moved that the Council authorize the installation of temporary
street surfacing on the following streets:
.. L,ecna Road
Willow Creek Road
Franklin Circle
Red Rook Road
Oaks Drive
Hillside Drive
Sheridan Avenue
Sunrise Circle East
Sunrise Circle West
Cedar Ridge Road
Corral Lane (between Cedar I2'_dge Road and the east property
line of lot 23)
West 62nd Street (County Road 4 to Woodland Road)
Mr. kIaugenraeconded the motion. On roll call all voted aye. Motion
carried.
13. Ordinance No. 135. Zonin Ordinance. Zo .
Hayor Osterho t announced that thisfirst of at least
two public hearings on the classification section of the proposed
new Eden Prairie Zoning Ordinance. Attorney Simons reported that Village
Attorney Perbix had reviewed both the procedures and proposals associated
with the classification section of the Ordinance and had stated that in r
his opinion these aspects of the proposal are in accord with the provisions
of tiinnesota Statutes and tl•b-- State Constitution. Manager Hite reviewed
the content of the text portion of the proposad new Zoning Ordinance and
presented the recannendaticn of the Village Planning Camnission with
respect to the Zoning Map.
A number of persons including Messers, Garrison, ]dill Sime,Andrew Justus,
John L31ocxnberg, bWm Selka, and attorneys representing Minneapolis Floral
Pure Oil C=rany, and Preston Haglin Ccupany asked questions about
July 8, 1969
s Council M.i.nutes
Page 2
the proposed classification nay and stated their objections to a
proposal to reclassify existing non residential zoning districts to a
classification labled "Rural". Jerry Miller attorney representing
�'lndrew Justus reported that his client had purchased and developed his
industrial property with the intent of marketing portions of the property
and using other portions for his awn business. He said that the proposed
reclassification of their property to Rural was unacceptable. Attorney
Stanley and Mr. Schainfelter noted that they had recently secured
ca:mercial zoning in the vicinity of 494 and 169 and that they could
not accept the proposal to reclassify those properties to Rural. Mr.
Stanley pointed out that the Comprehensive Guide Plan contemplated
c:.-mntnercial landese on their property and that in light of this they could
not understand why it was proposed to classify their property Rural rather
tt;an Corm-ercial. lie added that the provisions within the text portions
of the ordinance governing development of eamnercial properties should
be adequate assurance to the Village that the property would be developed
in the best interest of the eemimn'ii.ty. Mr. Harold Schaitberge.. asked
why his property located on the nort side of County Road 1 just east
of 169 which ;vas being used for industrial purposes was proposed to be
classified Rural rather than Industrial..
Mr. bite responded to these and other similar questions by describing the
�r policies the Planning.-Cawi.sssion had developed and used in preparing
1. the reccra,ended classification map. He noted that the Coani.ssion had
tried deligently to deal objectively with properties and not to have their
judgement affected by personal considerations. ThePlanning Catimi.ssion
had recommnded to the Council that only those properties being actively
used for purposes that concur with the Villages Comprehensive Guide Plan
be classified as districts other than Rural at this time. The only
exception to that policy would be lands zoned Special Industrial which
because the Special. Industrial District was only recently added to the
existing Zoning Ordinance would be classified immediately into one of the
Industrial Districts in the proposed Ordinance.
Attorney Bill Rosen and Planning Consultant Howard Dalgren representing
the owners of approximately 500 acres of land situated along the
railroad west of County Road 4 and north of County Road 1, most of which
is zoned Industrial, said that tlWy hoped that the Council would take no j
action on the proposed classification system until they had opportunity
toadequately present their clients position on the proposal. Mr. Dalgren
noted that the Comprehensive Guide Plan did not contemplate the maintence
of the exisitng Industrial Zoning in his clients area and that he felt
the Council should reconsider this Guide Plan decision before acting on
the Zoning Classification. tie added that he felt his clients property
represented what would be potentially one of the metropolitian areas
finest industrial parks and that it would be in the best interests of
the eoantunity as well as his client to have the property developed in
that manner.
4.
July 8, 1969
Council Minutes
Page 3
manager Bite suggested that the material and eonnent presented at
the Council Hearing be submitted to the Planning Cccmu.ssion with the
request that they give additional consideration to their zoning
classification reccxmtiendations. Fie said that he dial not feel that the
Village should or could ompletely review its Canprehensive Guide Plan
before taking action of the Zoning Ordinance, but that susequent review
of the Ccuprehensive Guide Plan was not only appropriate but necessary.
fie added that it was not intended that the proposed Rural classification
would in any way represent the ultimate zoning classification of property.
Councilmen Shultz and Nesbitt oomtiented that the Village through its
seminars, Planning Concussion and Council activities had spent its
months deliberating on the Cm prehensive Guide Plan adoped last year
and that they believe there was a considerable body of support for the
Plan within the ccrimmity. They said that it would be necessary for the
Village Council to give due regard and consideration to the Plan as it
considered and acted upon zoning classifications.
Mr. Shultz moved that the hearing be continued until August 12,1969
and that during the interval the Planning Connission be asked to give
additional consideration to its classification recommendations. Mr.
Nesbitt seconded. on roll call all voted aye. Motion carried.
C. Opening, Grradirng and Graveling: Corral Lane and Highview Drive.
It was announced that the Planning Ckxr ission would once again consider
the matter at its meeting on August 5, 1969. roger Bite presented she
proposal to open grade and gravel portions of Corral pane and iiighview
Drive. He reported the estimated total assessabel project cost to be
$3,055.00 and that the estimated rate of assessment against each of the
abutting 7 2/3 lots was $453.38. Fie noted that neither of these two
street segments have been open graded or graveled previously and that
the Village had advised abutting property owners that it could and would
not maintain these road right-of-ways until they had been properly
improved. Fie reccffv ended that the Council authorize the improvements
or initiate proceeding to return these properties to private ownership.
Mrs. Ruth M. Johnson owner of three of the lots adjacent to Highview Drive
stated that when her husband subdivided the area he built the street in
accordance with the regulations of the Town Board at that time. She said
there was a documented record which proved that the Village - had excepted
the street. Mr. David Pizzaro an owner of a home adjacent to the Highview
Drive segment said that he had been issued a building permit with the
full knowledge that his driveway would enter the portion of Highview
Drive under consideration and that he was willing to pay his fair share
of improveeng the street he felt that the Village had no alternative
other than to proceed with the proposed improvement. Mr.and Mrs. Jellison
whose property sides on the segemt of Highview Drive under consideration
said that the improvement of the roadway would have no benifit to their
property and that it would be possible to develop access from all of the
other lots onto the improved portion of Highview Drive.
J '.
July 8 1969
Courici i minutes
Page 4
P4r. Iussel 1.9arsh, Mr. Robert Marsh, Mr. Robert Anderson and others
owning propezt�y on or near Corral Lane appeared to adk questions about
the proposal. They stated no objection to the project.
fir. Haugen moved that the Council authorize the opening, grading and
graveling of the segxents of Corral Lane and Iiighvi.ew Drive described
within the notice. Mr. Shultz seconded. on roll call Councilmen
11augen,Shultz, and Mayor Osterholt voted aye, Councilmen Nesbitt and
R dpath voted nay. Motion carried.
ZII. A. Northern States Power Co. Revision of Rate Schedule to Aecaradate
car
By letter dated June 24, 1969, Northern States Power Coupany advised the
Village of Eden Prairie that effective July 1,1969 new schedules axmd rules
would become effective for underground residential service. The changes
would essentially remove the $50.00 per lot charge to subdividers for
underground service and the necessity of a home builder to install-his
okin underground electrical house connection and would instead have those
services and connections installed by N S P and their cast recovered by
an addtional $2.00 per month charge to the have owner. Manager Hite
reported that he and other nainicipal managers in the metropolitan area had
met with 23 S P to discuss the proposed rate change and that their
primilary finding was that the change could not be justified. He noted
that the $2.00 per month charge was perpetual although the additional
cost to ri S P for th+e initial installation of the underground service
was approximately $150.00. lie added that a good argument might be Prepared
on the prard s that because unc ergrou d distribution would improve system
reliability and reduce its annual maintanee costs, the initial cost of
installing N S P equipment underground should be born by all of its
custaners rather than just those who are serviced by undergrokrid'facilities.
r1r. Shultz maned that the matter be referred to the Village Manager for 4
futher recmvvmdati.on and report. Mr. Redpath seconded. All voted aye.
,lotion carried.
B. Minnesota 11i hwa Ue t. t for Construction Plane rovals
The j, sots Ifighway Department requested Council approval of their pians
to install a ramp in the southeast quadrent of 494 and Highway 5 and a
new rm p in the southeast quadrent of 494 and existing 169. Manager Bite }
reported that the ran7p at 169 would be a temporary and would be removed
at such time as a new ramp was built fran the interchange distributor
system-onto 494 at a point approximately 1500 feet east. Mr. Redpath axwed
the adouption of Resolution # approving the construction plans for
modifications of teh 494-169-3nM.e.^rchange. Mr. Nesbitt seconded. All
voted aye. Motion carried. m
C. i-linnesota Conservation Department. nMEoval of LAWCW Agreevent.
Agreements su Etted the k1innesota Conservation Department in conjunction �
with the Village's request for Zawcon Park Land acquisition grants were
f reviewed by the Council. Mr. Haugen moved the Mayor and Manager be
authorized to enter into these ag eemnts on behalf of the Village. Mr.
IZedpath seconded. All voted aye. Motion carried.
July 8, 1969
Council Minutes
Page 5
A. Purchase of Fire Station and Public Works Buildi.rxg Site.
Mr. liite reccrmriended that the Village purchase approximately 10
acres of Lwid in tiie southeast quadrent of the intersection of Mitchell
Road and highway 5 as a site for the new Fire Station and Public Works
Building. He indicated that the reeccmieru3e(: acreage was in excess of
that currently required but that as the Village grew the Village's
Public Works operation would need to be expanded. lie irxUcaated that
prelinvnary soil tests and a development cost analysis indicated that
it would be feasible to develop the property for these purposes. He
also reported that no appraisals had been obtained on the property
but that a number of local relators and industrial land owners had been
consulted relative to its value. lie recxxnzxrided that the Village
purchase the property at a cost not to exceed $5500.00 per acre and {
that a contract for ap to five years at 6% interest be authorized. Mr.
Redpath moved that the Village Manager be authorized to F•.archase the
property at a price not to exceed $5500.00 per acre. Mr. Nesbitt
seconded. On roll call all voted aye. Motion carried.
B. Recreational Facility Analysis.
Mr. Hite recommended that Brauer and Associates be retained at a cost
not to exceed $2,000.00 for the purpose of preparing an evaluation
of najor existing recreational facilities in Eiden Prairie. The report
would be submitted by no later than August 26,1969. Mr. Shultz moved
that the contract as reeonmended by the Manager be authorized. mar.
Nesbitt seconded. On roll call all voted aye. Motion carried.
C. Donation of Tennis Court For Tennis Instruction Mr. Cecil Cruse.
N,anager to repo t s. Cruse HO very graciously
available their private tennis court for the Village's tennis
instruction. P•ir. Shultz moved that the Village Council direct the
Village Manager to contact the Cruses and express to than the appreciation
of the entire community for their generosity. Mr. Nesbitt seoorkled.
All voted aye. Motion carried.
D. Eden Prairie Athletic Association Donation of Ro Hower.
It is reported that Eden Prairie A etic Association had purchased and
given to the Village a rotary mower having a value of approximately
$500.00 in return for the Village assuming the responsibility for mowing
the ball field at Flying Cloud site. manager Hite said that the
mower was badly needed by the Village and was being used every day
to maintain other Village properties. 11r. PZedpath moved that the
Village Council e--,press its appreciation to the EPAA for their gift
of the rotary mcxoer. Mr. llaugen seconded. All voted aye. Notion carried.
E. Purchase of Lorence RrcoRound Lake.
Mr. Mite recommended at the Village pirchase approximately 3.4 acres
from the Lorene family at the cost of $6700.00. This land is located
on the northwest corner of Round Lake and is within the proposed Park
boundry. lie noted that the purchase price was within the appraisers
value estimate. Mr. Shultz moved that the Village purchase the property
at a cost not to exceed $6700.00. Mr. Nesbitt seconded. On roil call
all voted aye. Motion carried.
s
July 8, 1969
Council Minutes
Page 6
V. A. Audit and Action on Claims 6394 through 6485.
Mr. H moved ov t claim 6394 duTugh 6485 be authorized for.
payment, Mr. Redpath seconded. On roll call all voted aye.
Motion carried.
B. Audi of Cash and Investment Reports, Dated June 30 and July 8, 1969.
The Council reoei audItied the Villages cash investment report
for the periods ending June 30 and July 8, 1969.
Meeting adjamed 12:45 A.M.
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E na M. Holmgren v clerk
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