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City Council - 10/28/1969 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, October 28, 1969 7:40 P.M., Village Hail Members present were Mayor Osterholt, Councilmen Haugen, Nesbitt. Redpath and Lieb. Also present were Village Manager George C. Hite and Village Attorney Harlan Perbix. I. MINUTES OF OCTOBER 14 1969 and October 21 1969. e minutes of October 14 a , were unanimously approved. II. PETITIONS, REQUEST AND COMMUNCIATIONS. A. Metro section and Metro Council-- Fire Service TraininS Center. The Manager presented and coninentea on a letter dated er 3. 1969, from the Metropolitan Section of the Minnesota League of Municipalities and the Metropolitan Council requesting the support of mayors, municipal administrators and fire chiefs for the establishment of the joint fire service training center. The Letter specifically asked that the r municipalities in the metropolitan area join together to plan such a facility under a joint power agreement. The Manager recommended to the Council that they support the proposal noting that training facilities of the type proposed were beyond the financial capability of any individual community. Mr. Redpath moved the adoption of Resolution No. 303 supporting in principal the establishment of metropolitan area fire service training center. Mr. Haugen seconded. All voted aye. Motion carried. B. Eden Prairie Snowdrifters Inc. - Snowmobile Ordinance. The Eden Prairie showdrifters, nc. , a group of localresidents n erested in i snowmobiling, presented to the Council for their consideration a proposed ordinance regulating the use of snowmobiles within the Village. The Council inquired about the application of the proposed ordinance might have to the use of snowmoblies on the private property of others and the extent to which the proposed ordinance would regulate the use of snowmobiles by persons without drivers licenses. Mr. Lieb moved that the Council accept the proposal for study and that it be reconsidered at the meeting on November 11th. Mr. Redpath seconded. All voted aye. Motion carried. C. W. Gordon Smith Co. or Jesse J. Schwartz - Liquor License Request. Mr. Nesbitt moved a e application or W. Gordon Smith Co. or Jesse J. Schwartz for an off sale liquor license be received for later consideration. Mr. Haugen seconded. All voted aye. Motion carried. r. D. Laa ue of Minnesota Municipalities. - PlanningSeminar. The Village Manager directed the Lounci I Is attention a rorth coming seminar on the "Process of Municipal Planning" under the sponsorship of the League of Minnesota Municipalities. He advised that a number of Planning Commission members planned to attend. I 41 E. OLM Construction Co. - Mining Permit. The Council considered the request of OR Construction Co. for a perm permitting them to mine material from property located on the west side of Homeward Hills Road just north of Riverview Road. The material would be used to complete the backfill of the Council Minutes October 28, 1969 Page 2 S.S.S.D. interceptor trench on the Brown and Welter properties. They explained that the material originally removed from the trench, when replaced was compacted to a greater degree than it had been previously and thus the same amount of material was unable to completely fill the void. They estimated that they needed approximately 60,000 yards of material to bring the trench area back to its original grade on the two properties. Mr. Welter objected to the proposed permit saying that it would be possible for the contractor to secure enough material off other portions of his property to complete the ditch backfill in his area. Mayor Osterholt asked that Mr. Welter and the representative from OLM leave the meeting for a few minutes to see if they along with Mr. Jim Brown can't work out some solution. Later in the evening, Mr. Welter and the OLM representative returned and Mr. Welter indicated he would withdraw his objection to the proposed permit. The Village Manager recommende that the permit be issued in accordance with the conditions he had attached to the permit. Mr. Lieb moved that the mining permit for OLM Construction Company be issued in accordance with the conditions established by the Village Manager. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. F. Carter and Gertz Inc. - Request for Utilities. A letter from George M. Carter, Jr.,president or Carter and 9erfz__,_Tn_c., dated October 24, 19690 along Franlo Road during 1970, and requested the extension of adequate public sewer and water utilities to serve their area was accepted for filing. G. Nine Mile Creek Watershed District. By letter dated October 23, 19691, Mr. Ray Haik, attorney for the Mine Mi a Creek Watershed District had requested Mr. John Badalich, Director of the Minnesota Pollution Control Agency to initiate proceedings against the International Salt Co. of Eden Prairie for failure to comply with requirements pertaining to the storage of salt within the watershed district. H. Bryant Lake Area Residents - Guide Plan Chan es. Mr. Don Sorenson, representing the resiaents of the Willow Creek AddItTlon adjacent to Bryant lake, presented and explained a petition addressed to the Council requesting that the Council modify the Village's Comperhensive Guide Plan so that none of the properties located north of Valley View Road in the vicinity of Bryant Lake would be designated as commercial or multiple dwelling. These petitions, which are on file at the Village Ball, include a number of reasons why petitioners felt the requested action would be appropriate. Mr. Perbix suggested that the Council should establish some formal proceedure for the consideration of modifications to the Comprehensive Guide Plan. There was some discussion as to whether such a proceedure would involve the necessity of a public hearing in that the adoption of the Guide Plan in its original form did require such a hearing. Mr. Pauly mentioned that he had checked the State ; Statutes and found no provision for amending a Guide Plan Mayor Osterholt stated that he felt that the Village had essentially followed the proceedures similar to those required for adopting the Guide Plan and he felt this procedure would most likely be legally proper in 1 i eu of any specific legal action being out- lined in the state planning law. J Council Minutes October 28, 1969 Page 3 Mr. Pauly, an attorney representing the residents of The Cove Addition, located on the west side of Bryant Lake, presented a petition requesting the Guide Plan modification as set forth in the Willow Creek petition and stating their reasons for the request. This petition is also on file at the Village Hall . Mr. Bill Miller, representing the residents of the Topview Acres Addition located north of Valley View Road and immediately west of 494 presented their petition in support of the Willow Creek and THe Cove Addition petitions and also requesting reconsideration of the Guide Plan proposal for multiple family development on the south side of Valley View Road west of 494. He said that he and his neighbors supported many of the principals contained in the Guide Plan proposals but they felt that the multiple family area immediately south of their area mould be inappropriate. A number of residents from the Willow Creek and The Cove Additions spoke in support of the petitions and urged the Council to take immediate action on their requests. Mayor Osterholt requested that Mr. Redpath assume the chairmanship of the meeting and then presented his views on the matter. He said that he felt that if the Bryant Lake area residents had involved themselves in the original Guide Plan Hearing that the multiple family and commercial designations now under review may not have occurred. He felt that it would be difficult for the Village to reject a rezoning proposal which conformed to the Guide Plan proposals. He complimented the Planning Commission on their objective approach to the situation but said that he could not agree with their conclusion. He felt that the number one objective in the land use pattern in this specific area should be to perserve the lake and the amenities of the land surrounding it. He noted that the Council could observe how single family development might r be used to achieve this objective by reviewing the development in the Willow Creek and The Cove area, but that the Council had no direct comparison to make 4 with respect to multiple family development. He asked that the Council see the need for changing the Guide Plan at this or any other location when it seems appropriate to do so. He felt the two main considerations in making changes were as follows: 1 . Affect on existing land use. 2. The affect on the overall Village development. He urged that the Council adjust the Guide Plan so that the area on Bryant Lake would be designated single family with the understanding that if at some later date it seemed appropriate to do so the Council could give consideration to specific multiple family proposals. Mr. Leib commented that he generally supported the Mayor in his request. MR. Haugen suggest that the Council and the Planning Commission take another look at the Guide Plan proposals in the entire 494-169 area. Mr. Nesbitt said that he could not concur with the proposal advanced by the Mayor and felt that the Planning Commission recommendation was one the Council should adopt. Mr. Skjelbostad, Chairman of the Planning Commission, presented their recommendation which they had adopted after reviewing the entire matter with both the staff and residents of the Bryant Lake area. The Commission recommendation suggested an expansion of the quasi space so that it encompassed all the significant natural amenities such as the marsh land adjacent to the lake, and then designate the remainder of the area north of Valley View Road as multiple. The Commission recommendation was unanimous and primarily based on their opinion that the objective of preserving the amenities of the area could best be achieved through t multiple family development. Council Minutes October 28, 1969 Page 4 Mr. Lieb moved that the Council adopt the Resolution No. 304, modifing the Village's Comprehensive Guide Plan so that all of the lands located north of Valley Vew Road between 494 on the west and Highway 169 on the east were designated as single family. Mr. Haugen seconded. On roll call , Messrs Osterholt_ , Redpath, Lieb and Haugen voted aye. Nesbitt voted nay. Motion carried. III . RECOMMENDATION AND REPORTS A. December a e Election Judges. The Village Manager submitted the Vi age er s reconinended listof election judges for the Village Election on December 2, 1969. Mr. Nesbitt moved that the Village Clerk's nominees be appointed as election judges. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. B. Round Lake Park Ice Rink Li htin The Village Manager reported that he had attempted to secure proposals from a number of electrical contractors for the installation of the lighting system for the Round Lake hockey and skating rink. Only one contractor had submitted a proposal , that being the Edina Electric Company in the amount of $1 ,750, exclusive of fixtures and poles. He recommended that the contract be awarded to Edina Electric Co. He also recommended that a purchase order be issued to Sterling Electric Co. In the amount of $1 ,256.75 for the poles, light fixtures, and lamps. Mr. Redpath moved that the contract and purchase order recommended by the Village Manager be authorized. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. C. Police Service Contract. The Village Manager reported that the current contra`s or pollce sery ce with HEnnepin County required that the Village notify before November 1 , if it intended to renew or reject the contract for the succeeding year. He advised the Council that he had requested police service contract proposals from both Bloomingtion and Edina so that the Council might consider these options at the same time they were considering the County contract proposal for 1970. He recommended that the Council request Hennepin County so extend the November 1st date to December 15th so that the Council would have additional opportunity to review the contract options. Mr. Recpath moved that the Council direct the Village Manager to request the County Board to extend 1 the notification date on the polic service contract to December 15, 1969. Mr. Lieb seconded. Motion carried. D. SSSD Contract ward. The Village Manager reported that the SSSD had re- ceived s for additona interceptor construction and the construction of the siphon under the Minnesota River. The bids for the interceptor construction totaled $2,356,644. and wer approximately 19% over estimate. The River siphon low bid was $1 ,004,360 which was approximately $431 ,000 below estimate. He recommended that the Council adopt Resolution No. 301 and 302 approving the letting of the contracts for the construction of sewer interceptors-- a by the SSSD Board. Mr. Lieb moved that the recommended Resolutions No. 301 and 302 be adopted. Mr. Haugen seconded. On roll call , all voted aye. Motion carried. i t E. Ordinance No.138 • Burnt Permits. Mr. Haugen moved that the second and final reaaing of Ordinance NO. IJB be-57opted. Mr. Lieb seconded. On roll call , all voted aye. Motion carried. Meeting adjourned at 1105 p.m. G�ti Edna M. Ho mgren, Cleft