City Council - 02/08/1972 - Village Meeting MINUTES
EDEN PRAIRIE VILLAGE COUNCIL
Tuesday, February 8, 1972 7:30 P. M. , Village Hall
Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt,
and McCulloch and Councilwoman Meyers. Also present was Village
Manager George Hite, Village Attorney Harlan Perbix and Clerk Edna
Holmgren.
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I. MINUTES OF TAN UARY 25 , 1972 n
A motion was made by Mr. Nesbitt to approve the minutes of January
25th with the following addition and correction:
Section II, Item G. Addition: Well Installer
Leuthner Well Co - Maurice Leuthner
Section IV, Item A. Correction: Claims 9768 through 9844.
With these corrections Mrs. Meyers seconded. All voted aye. Motion
carried.
II. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Minnesota State Planning Agency. Payment o_f$90,500 Grant to
Eden Prairie for Parkland Acquisition. The Manager reported that the
Village had received payment of$90,5 00 from the State of Minnesota
for their matching share of the park grant from LAWCON. This payment
is to assist in acquiring 77.50 acres of lakeshore on Staring Lake.
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A summary of the park acquisition program through 1971 was reviewed
by the Manager. He noted that the 277 acres funded through 1971 had
an estimated acquisition cost of $1.034,400 of which the Village's
share would be $202,583.
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B. Preferred Developers Corporation. Request for Residential Multiple
RM 2 .5 Zoning. The Pre serve. Public Bearing. The Manager identified
the general location of the rezoning request and reviewed the Planning
Commission's consideration of the proposal at the Commission's October
19th , November 16th, and January 18th meeting . At its meeting on
January 18th the Commission had recommended to the Council that the
reque st for RM 2. 5 zoning on Parcel 6 and 7 of The Preserve be approved
and that the Council incorporate the final project design perameters
set forth in a January 18th Staff Report into any rezoning action the
Council might take. The Commission had also requested that the final
site building designs be reviewed by the Planning Commission prior to
any building permits being issued.
Council Minutes
February 8, 1972
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Representatives of Preferred Developers Corporation presented a
number of drawings and photographs identif ying their proposed
development of the property. The project consisted of 205
apartment units situated in attached building groupings containing
5 units each. The proposal also included accessory garage and
surface parking, a recreational vehicle storage area, and four
children's play areas. The applicants noted that the existing
wooded slopes adjacent to Neil Lake were within the site
boundaries but were to be retained by grouping the buildings
into the open land on the eastern portions of the site.
Mrs. Meyers expressed her concern regarding the intense develop-
ment on the eastern portion of the site and asked if it might not be
possible to reduce the proposed number of units from 205 to 17�.
Mr. Joseph J. Strangis, fceeutive Vice President of Preferred
Developers, replied that reduction in the project scale of the
magnitude suggested by Mrs. Meyers would produce a project
that could not be economically justified. Mrs. Meyers also
asked for a review of the -elationship between the on and off site
recreational spaces. The Village Manager noted that all the
residential development within large scale planned unit develop-
ments such as The Preserve would have access to public and
private parks and open spaces which are made possible in part by
clustering the dwelling units in those portions of the over all site
areas where development would not. adversely affect important terrain,
foliage, or marsh land areas.
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Mr. Nesbitt moved that the Council approve the request of Preferred
Developers Corporation for RM 2 .5 zoning on Parcel 6 and 7 , The
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Preserve on the basis of the findings and recommendations of the
Planning Commission as set forth in their minutes of January 25th.
Mr. Redpath seconded. On roll call, Messers Nesbitt and Redpath
voted aye. Mr. Mc Culloch and Mrs. Meyers voted no. Motion
failed.
Mr. Mc Culloch said that he felt the project should be returned to the
Planntng Commission for additional consideration. He asked that
they specifically consider the 7th item mentioned in the January 18th
Staff Report. Mrs. Meyers moved that the Council's consideration of the
Preferred Developers Corporation request be continued to its meeting on
February 29th. Mr. McCulloch seconded. All voted aye. Motion
carried.
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Council Minutes
February 8, 1972
Page 3
C. Mr. Gerald Zagaros. Do_q,Control. Mr. Zagaros appeared with
complaints about dogs in the Hillcrest Courts area. He inquired as
to why the Village had dismissed the patrol service by Tonka Kennels.
The Manager stated that the Council felt that patrol service was
costly and not accomplishing the job. He said dogs were not being
Picked up, there were complaints about bad conditions at the kennel
and poor attitude by kennel personnel. Since July 1, 1971 when the
Patrol services were cancelled the Village has been using the services
of the Sheriff's Deputies to issue violation tags to dog owners when
the owner can be identified. The kennel is called to pick up other
dogs.
He further stated that the Village considered these measures as only
temporary. The Village is currently discussing the possibility of a
Joint kennel and more effective patrol service with representatives of
Bloomington, Richfield, Minnetonka, and Edina. The Council re-
quested the Manager to report back to them as to the progress of this
proposal.
D. 1972 License Applications. Application List Dated February 8th.
The Manager recommended that the list of license applications dated
February 8th be approved. With this recommendation Mrs. Meyers
made the motion to approve as follows: Y
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Gas Fitters Gals Fitters journeymen
C rom strop s Heating - Howell Anderson Ai thur Nelson
Lawrence Dockin
3. 2 Beer On Sale Don Unger - Cron stroms Htg.
Dutch's Resort-Ken Schaitberger Ed Iverson
3. 2 Beer Off Sale
Dutch's Resort - Ken Schaitberger
Cigarette License F
Dutch's Resort - Ken Schaitberger
Plumbing License
Citywide Plumbing - Gerald Stone
Mr. Nesbitt seconded. All voted aye. Motion carried.
E. Washington Plaza Subdivision. Washington Avenue. The Manager
reported that the Planning Commission had reviewed and recommended
approval of the Washington Plaza. The subdivision contains 10 acres
to be divided into ane 7 acre lot No. 2 , and a 3 acre Lot No. 10 The
property is zoned industrial.
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Council Minutes
February 8, 1972
Page 4
A motion was made by Mr. Nesbitt to approve the subdivision as
recommended by the Planning Commission. Mrs. Meyers seconded.
On roll call, all voted aye . Motion carried.
F. RyMarLand Camp Subdivision. Highway 101. The Manager
recommended that the subdivision of RyMarLand Camp property into r
3 lots in Section 7, Parcel 5225 on the east side of Highway !01 be r
approved.
A motion was made by Mr. Nesbitt to approve the subdivision as
recommended. Mrs. Meyers seconded. All voted aye. Motion
carried.
ITT. RECOMMENDATIONS AND REPORTS
A. Eden Prairie Volunteer Fire Dept, Annual Report. Chief Ray
Mitchell. Chief Ray Mitchell , presented the 1971 annual report
of the Fire Department, He stated that there were 1,757 man hours t
spent at alarms in 1971. The department has been taking .aerial photos
by helicopter of all businesses, schools, churchs, etc. in the
Village. These will be put on slides to be used as class room training
for the firemen and for inspections. He also suggested that the
Council should consider another pumper truck in 1973 for delivery in
1974 and a full time Fire Inspector to aid the present Building Inspector.
He invited the Council to attend the 5th anniversary of the Volunteer
Fire Department on March 9th at 7:30 p.m. at the Fire Station.
B. Purchase of Land For Water Treatment Plant. The Manager reviewed
the recommended property purchase for a water treatment site along
the east side of Mitchell Road south of the Village's Fire Station &
Public Works Building. The 9.54 net acres is 04ne3by the MTS Systems
Corp. The buildings for the water treatment plant would be located
almost entirely on the ten acres the Village now owns, with th e
proposed acquisition would be used for the lime sludge lagoons needed
when the plant reaches its full size. The Manager recommended a
purchase price of $68,000.
The appraised value by janski and Gibson and dated January 31 , 1972
was $70,000 . Acquisition would be on a cash basis with MTS paying
the 1972 taxes. MTS is to be granted an access easement between
Mitchell Road and their plant site at a location acceptable to the Vi11agF
Cost of developing access is to be paid by MTS.
A motion was made by Mr. Nesbitt to approve the 'purchase of the land
for the Water Treatment Plant for $68,000 and authorize the Mayor and
Manager to sign the purchase agreement. On roll call, all voted aye.
Motion carried.
Council Minutes
February 8, 1972
Page 5
C. Construction of Baker-Mitchell Road Between T.H. 5 and Valley
View Road. Public Improvement Hearing Date. A motion was made by
Mr. Nesbitt to set March 28th for a public improvement hearing date for
the first phase of construction of Baker-Mitchell Road. Mr. McCulloch
seconded. All voted aye. Motion carried.
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D. Housing Task Force Progress Reyort. The Manager stated that the
next meeting of the Task Force would be on Thursday, February loth
at the Village Hall. Northern States Power will make a presentation.
A bus tour is proposed for Saturday February 12th of developments in the
area. The Mayor questioned the possibility of extending an invitation
to all people with varying viewpoints to future meetings. The Manager
stated that this would be done in the next Village newsletter sometime
later this month.
IV. APPOINTMENTS
A. Planning Commission. OneARRSintm2nt bMCouncil for Term Ending
December,, 31_ 1973 . The Mayor made a motion to nominate Donald
Sorensen to fill the vacancy on the Planning Commission. Mr. Nesbitt
seconded.
Mr. McCulloch made a motion to nominate Loren Irvine for the Planning 7
Commission. Mrs. Meyers seconded.
The nominations were closed.
A motion was made by Mr. Redpath to appoint Donald Sorensen to
the Planning Commission . Mr. Nesbitt seconded. Mr. Redpath and
Mr. Nesbitt voted aye. Mr. McCulloch and Mrs. Meyers voted nay.
Motion denied.
A motion was made by Mrs. Meyers to appoint Loren Irvine to the
Planning Commission. Mr. McCulloch seconded. Mrs. Meyers and
Mr. McCulloch voted aye. Mr. Redpath and Mr. Nesbitt voted nay.
Motion denied.
This item will appear on the agenda for the next Council meeting.
V. FINANCES
A. lama 31, 1972 Financial Report.
The report was received for review by the Council.
B. Audit of Claims 9845 through 9929 . A motion was made by
Mr. Nesbitt to approve claims 9845 through 9929 for payment. Mr.
McCulloch seconded, On roll call, all voted aye. Motion carried .
Council Minutes
February 8, 1972
Page 6
AGENDA ADDITIONS
I. Council Agenda. Determination of Time Agenda is Closed.
Policy on Agenda Additions. A motion was made by Mr. Nesbitt to close
the regular agenda at noon of the Friday proceeding a Council meeting
and that any additions be permitted only by unanimot^s consent of the
Council. Mrs. Meyers seconded. All voted aye. Motion carried.
2. Appointment of Human Rights Commission Member to Fill Vacancy
Created by Resignation of Paul Schee. Appointment by Mayor with Con-
sent of Council . Term Ends December, 31, 1972.
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A motion was made by Mr. Redpath to appoint Curtis Connaughty to fill F
the vacancy on the Human Rights Commission ending December 31, 1972.
Mr. McCulloch seconded. All voted aye. Motion carried.
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3. Redrock Village Plan. Hipp_Builders PUD and Shelter Development
PUD. Public Hearing Tate.February 29th Recommended. A motion
was made by Mr. Nesbitt to set February 29th as a hearing date for the
Redrock Village Plan. Mrs. Meyers seconded. All voted aye. Motion
carried.
4. Public Improvement Petitions. Portion of Forest Knolls. Sewer
and Water. March 14th Hearing Date Proposed. A motion was made by
Mr. Nesbitt to set March 14th as a hearing date for the Forest Knolls
public improvement hearing . Mrs. Meyers seconded. All voted aye.
Motion carried.
S. Agreement with Milwaukee Railroad for Utility Installation Agree-
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ment Along Duck Lake. A motion was made by Mr. Nesbitt to approve
the utility installation agreement for the Duck Lake III sewer on the
Milwaukee Railraad right-of-way and authorize the Mayor and Manager
to sign the agreement for $6,050 for easement and $11,330 as deposit
money to cover the Railroads cost in protecting their facilities. Mrs.
Meyers seconded. On roll call, all voted aye. Motion carried.
6. Utility EAsement. .Duuck Lake 1 Sewer. Yoe Doleiai.. A motion was
made by Mr. Nesbitt to approve the utility easement for the Duck Lake
1 sewer and authorise the Mayor and Manager to sign the agreement in the
amount of $6.500. Mrs. Meyers seconded. On roll call,all voted aye.
Motion carried.
Discussion was held about calling a special work session meeting. It
was decided to meet on February 23rd at 7:30 p.m. at the Village Hall.
The meeting will be open to the public.
Meeting adjourned at 11:20 P.M.
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Edna M. Itolm9ren,Zlerk