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City Council - 01/27/1970 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, January 27, 1970 7:30 P.M., Village Hall Members present were Mayor Osterholt; councilmen Haugen, Redpath, Nesbitt and Lieb. Also present were Village Manager George C. Hite and Village Attorney Harlan Perbix. I. MINUTES OF OCTOBER 28 AND JANUA,RY 13 1970 c ion on the minutes of October 28th was deferred until the meeting of February loth. The Minutes of January 13th were approved without correct- ion. II. PUBLIC HEARINGS A. on on egeel a Real tom+. The Manager reported that notice of the hearing had been p— ubllshed Iri the Eden Prairie Sun on Thursday January 8th and that copies of the notice had been mailed to nearby Eden Prairie, Bloomington and Edina property owners. rz Mr. Richard Condon, partner of Condon-Naegele Realty, presented to the Council a letter dated January 27, 1970, confirming their intent to "construct a x building and site approvements in accordance with the site plan prepared by D.K. Ripple and submitted to the Council as a condition for rezoning. " He reported that one of the partners of Anderson Pontiac, which car agency had been previously cited as the prospective tenant of the Condon-Naegeie development, had apparently commited Anderson Pontiac to a site in the City of Bloomington but that there was some disagreement between the partners relative to that decision. Mr. Condon said that in the eve n t Anderson Pontiac would not be a tenant , he was certain that other car agencies would be interested in the site. The Village Manager presented copies of the Bloomington City Council minutes of January 19th, 1970 , at which time Mr. O.R. Anderson, president of Anderson Pontiac Inc, , informed the Bloomington City Council by letter that Anderson Pontiac "was not interested in the site outside the City of Bloomington and that they intended to build at 2001 West 80th St. , in the City of Bloomington and hoped to be able to move in and do business on that site by July 1,1970." The Manager also reported that the staff report submitted to the Eden Prairie Planning Commission -had incorrectly reported that the other quadrants of the 494-County Road 18 interchange were zoned open space in Edina, medium and low density residential in Bloomington, and I-5 Park and. Public in Eden Prairie. Actually all four quadrants are within the City of Bloomington and with the exception of the northwest quadrant which is z oned freeway development, all others are zoned single family residential . The Manager presented the recommendation of the Planning Commission as set forth in their minutes of December 2, 1969. The Commission had recommended that a portion of the subject property be zoned so that it could be used for a car agency subject to the development conditions set forth in the Brauer and Associates Staff Report dated December 2, 1969; the establishment of scenic easements on the southwest corner and along the northerly portion of the tract; and, restrictions on signing which would produce signing equivalent to that normally permitted in an industrical district. Council Minutes January 27, 1970 Page 2 Mayor Osterholt said he was concerned that there seemed to be some evidence that one community was being played against the other with regard to rezoning. He noted that the site was located at one of the principal entrances to the Village and that it would be a mistake to permit or otherwise encourage the establishement of any use on the property that might constitute an eyesore. He asked what other kinds of uses might be permitted if the requested rezoning were granted. The Village Manager said that many of the free standing usesnormally found on the perimeter of major shopping centers would be a possible use. The Manager cited furniture stores, offices and car agencies as typical examples.of such uses. The Manager recommended that the lack of specifics with regard to teh proposed use of the property might make it difficult to respond to the requested rezoning, but that the Council might consider approving the first reading of the rezoning ordinance with the intent that the second reading would not be granted until such time as the specifics of the proposal had been submitted, reviewed and approved. He also noted that it would be necessary for the applicant to secure a zoning variance from the Board of Appeals because of the greater than permitted amount of outside merchandise displayed. The Board of Appeals would be in a position to place a number of conditions on the use of the property in the process of reviewing the variance request. The Manager also recommended that in the event a car agency were to be established at this or any other location that the Council might consider regulating such activities through an annual business license. Each of the Councilmen expressed their concern about the prospect of granting a rezoning when there were so many un- certainties about the proposal and indicated that they felt the applicant had failed to fulfill his responsibility in providing the Council with adequate information upon which to make a decision. MR. Haugen moved that the attorney be instructed to draft an ordinance which would accomplish the requested rezoning for first reading consideration by the Council at its next meeting. Mr. Lieb seconded. All voted aye. Motion carried. Mr. Roger Peterson, an attorney representing Condon-Naegele Realty, urged the Council to take immediate or early action on the request in that it would be difficult for them to negotiate with Anderson Pontiac or other automobile agencies unless they were certain about the rezoning of the property. Mr. Haugen moved that the public hearing on the Condon-Naegele request be continued until the meeting of February 11 , 1970. Mr. Lieb seconded. All q voted aye. Motion carried. III. PETITIONS,REQUESTS AND COMMUNICATIONS A-. en'Prairie Lions Club. onD anion of Rescue Truck. Schooner Days of Round Lake Park. Mr. Lieb, as secretary of the Eden Prairie Lions Club pre sen a an read to the Council a letter dated January 26, 1970, advising ; the Council that the Lions Club had voted to purchase a rescue vehicle for the Village. The Club indicated that it had $2,000 currently available and would pay the total cost by July, 1972. Mr. Jack Hacking, a member of the Lions Club, presented information about the proposed rescue vehicle and indicated that he would work with the Village Manager in preparing the Council Minutes January 27, 1970 Page 3 specifications for the unit. Fire Chief Ray Mitchell advised the Council that the rescue unit would be very helpful in their work. Mayor Osterholt expressed the appreciation of the Council and all the Village's residents to the Lions for their community service and generosity. Mr. Lieb also presented a latter dated January 26, 1970, requesting that the Council authorize the Lions Club to utilize Round Lake Park for the purpose of their annual Schooner Days. The tenative dates for the festival were June 6th and 7th. Mr. Redpath moved that the Council approve the Lions Club request for the use of Round Lake PArk. for the 1970 Schooner Days. Mr. NEsbitt seconded. All voted aye. Motion carried. B. Henne in County Hi hwa Department. The Village Manager reported that-The Hennepin County Highway Uepartment had by letter dated January 20th advised the Village that they had evaluated the speed limits on County Road 4 between TH 5 and West 62nd St. The Minnesota Highway Department had also assisted in this study. The letter reported that the evaluation indicated that no changes in the present speed limits were warrented at present. The speed limits were warrented at present. The speed study had been conducted on December h 22, 1969, and disclosed that most vehiclis were traveling between 42 and 51 miles per hour and that 85% of the traffic was traveling at 51 miles per hour and less. The Village had requested that a 35 mile per hour speed limit be established along this segment of roadway. The Council noted that at the time the study was conducted there was no pedistrain traffic or school bus traffic and instructed the Village Manager to ask the Highway Department to re-evaluate the situation at a time when there was pedestrain traffic'.to and from Round Lake Park and School bus traffic along the road. C. Eden Prairie Fire De rtment. 1968 ActivitZ Report. The 1969 activity report of the Eden Pra r IF Voluneer Fire Department was submitted by Chief Ray Mitchell . The report indicated a total of 101 fire alarms during the year including 57 grass fires, 8 auto fires. 2 medical emergency, 5 accidents and 2 false alarms. The men of the department had accumlated 2,325 hours of training time during the year. The Village Manager reported that because the fire department hdd been able to assuem responsibility for initial response to fires that the Village had been able to substantially reduce its cash outlay for services by outside departments. He reported that a total of 1969 fire protection expenditures of approximately $11 ,000 of w°nich only $2,000 was for outside fire service. Each of the Council members complimented the Department on their service to the community during 1969. The Council also asked that the Manager express : the Village's appreciation to Char Lynn Company for their making available their water supply for fire protection purposes. IV. APPOINTMENTS A. Planning Commission. Mr. Nesbitt moved tha Mr. Skjelbostad be re- appo ntea to a Tnree year term on the Planning Commission. Mr. Redpath seconded. All voted aye. Motion carried. Other appointments to the Planning Commission were deferred until the meeting of March 10th. Council Minutes January 27, 1970 Page 4 B. Park and Recreation Commission. Mayor Osterholt recommended that Mr. Hill Garens and Mr. Vennis on be appointed to thtee year terms on the Park and Recreation Commission. Mr. Haugen moved that the Mayor's appointments be approved. Mr. Nesbitt seconded. All voted aye. Motion carried. C. Board of Zoning Ap eels. Mayor Osterholt recommended the appointment of Mess s. omer Reguet, ob Lieb, Anthony Hirt, Henry Fosnocht, and Roger Pauly, to the Board of Zoning Appeals. Mr. Haugen moved that the Mayor's recommendation be approved. Mr. NEsbitt seconded. Councilmen Haugen, Nesbitt t#eb and Mayor OSterholt voted aye. Mr. Redpath abstained. D. Village Attorney. The Village Manager recommended the appointment of Mr. Marian Perbix as village Attorney for 1970. He also recommended that Mr. Perbix's hourly rate be increased from $25.00 to $30.00. Mr. Nesbitt moved that Mr. Perbix be appointed Village Attorney, and that the fee structure be revised as recommended. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. V. RECOMMENDATIONS AND REPORTS Treasurer's Bond. The Manager recommended the approval of a public official - on n the amount of $50,000 for treasurer Robert Lapic. The bond would be for 1970 and 1971 . The recommended corporate surety would be supplied by Contbnental Casualty Company with a two year premimum of $248.00. The Manager noted that he and secured one other proposal for the bond from MARTFORT Insurance Compa nt with a total premimum of $416.00. Mr. Nesbitt moved that the Council approve the recommended bond. Mr. Haugen seconded. On roll call , all voted aye. Motion carried. B. Em to ees Insurance Program. The Manager recommended that the $3000 term 11re insurance policy now being provided to Eden Prairie employees byrthe Village be increased to $5.000. The coverage is provided as part of the insurance package the Villages in purchasing throught Hennepin County. Because of substantial reserves created by the County over the past several years, the additional premimum for the $2,000 increase in coverage would be one cent per month. Mr. Redpath moved that the Village provide $5,000 worth of term insurance for its employees under the berms re- commended by the Manager. Mr. Nesbitt seconded. On roll call , all voted ' aye. Motion carried. C. Contract for Planning Services. The Manager presented a proposed contract with Brauer and Assocl-ates for panning services during 1970. The Council asked that the contract invorporate the working relationship of the Council and the Planner be revised and that the contact incorporate the working relationsip that extists between the Planner and the Manager relative to the Planner providing services for developers within Eden Prairie, No ' action taken. D. Engineering b Technical Assistance State AideRoads . Mr. Lieb moved the a option of Kesolution No. 3219 authorizing the Village Manager to request needed engineering and technical services from the Minnesota Hifhway Department on Municipal State Aid Street projects. Mr. !Nesbitt seconded. On roll call , all voted aye. Council Minutes January 27, 1970 Page 5 E. Citizens Adysiory Commission Meeting. Mayor OSterholt reported that the Citizens Advisory Commission would a its first meeting on February 12th at 7:30 P.M. at the Village Hall. He said that notices of the meeting would be mailed to all Eden Prairie civic groups. F. Recreation Director. A memorandum dated January 26, 1970, prepared by the Village Manager regarding the addition of a recreation director to the VIllage staff was reviewed. The Manager had recommended the employment of a full time recreation director fortthe purposes of better utilization of facilities being provided by the Village and School District; to develop, implement, and supervise the Village's recreation program; coordinate the recreation programming of the Village, School District, and Eden Prairie Athletic Association; to assist the teenagers of the Village in developing re- creation programing for the youth of the community; and, to assist the Manager and Park Commission in developing both immediate and logg term Park development programs for Council consideration. s The Manager reported that he had discussed the memorandum with both the Park and Recreation Commission and the Eden Prairie Athletic Association and that both groups had recommended to the Council that the proposal be enacted, The Mewrandum recommended that the School District make avail- able its iaci1ities for recreation programming and agree to provide needed janitorial service. The Manager advised that the School Board had not yet t acted upon the proposal , but that individual members of the Board and administrative staff had indicated their concurrence in the idea. The Memorandum estimated that the 1970 cost for adding the Recreation Director to the staff at $8,000. $2,000 was available in the current budget for recreation services and the MEmorandum recommended that the additional $6,000 be transferred from other accounts. Mr. H augen asked what the cost of maintaining this service in subsequent budgets might be, and was advised by the Manager that the 1971 estimate would be about $12,000 to $13,000 . Mr. Lieb commented that the Comprehensive Recreation Study by Ken Rosland had recommended that the Village retain a full time director as soon as possible and that this recommendation had had considerable bearing on the Park and Recreation Commissions evaluation of this proposal . Mr. Lieb moved that the Village Manager be authorized to add a recreation director to the Village staff at a cost and in the manner recommended in the January 26th memorandum. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. G. Minim Licenses. A map showing the location of existing and proposed mining perm sites was submitted to the Council by the Manager along with recommendations regarding the issuing of 1970 mining licenses. The report disclosed the existence of 14 mining permits and 3 request for new permits pending. Three of the existing 14 permits were for pits in the process of being Closed, with no request for 1970 licenses at those locations. The Manager recommended thathtbe licenses requested by B.& R. ROck, Bury Carlson, Herlieve Helle, Mason-Astelford-Carter, Sam Glen, Phehal , and Bury-Carlson- Swensen, be a-proved. He asked that the Council defer action on the other license applications until such time as additional investigation of these pits had been completed. It was reported that the Planning Commission Council Minutes January 27, 1970 Page 6 would soon be considering a policy paper on mining activity in the Village as well as possible amendments to the existing mining ordinance. The Manager requested that action on the three pending mining permits be withheld until the Commission's policy and ordinance recommendations had been submitted to the Council . Mr. Haugen moved that the recommended 1970 mining licenses be approved. Mr. Nesbitt seconded. All voted aye. Motion carried. VI. ORDINANCES 'Busiess Licensina Ordinance. The Village Attorney submitted a draft of a new s ness licensing o Hance which had been prepared in response to the action taken by the Council at its last meeting. Mr. Haugen moved that the proposed ordinance be ream ved for study. Mr. Nesbitt seconded. All voted aye. Motion carried. B. Council Particia tion on Advisor Commissions. Mr. Nesbitt asked that the quesTion as to wnetner or not councilmen should continue to serve on the advisory commission be placed on a future agenda. Following some discussion on the pros and cons of the existing arrangement it was agreed that the council would consider the subject at subsequent meeting. Meeting adjourned at 10:25 P.M. Ed na M. lmglren,, Clerk(/ 77, i