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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. f, 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. fi 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. } 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 `r Page 2 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. i Mr. Nesbitt moved that the Council approve the request of Preferred Developers Corporation for RM 2 .5 zoning on Parcel 6 and 7 , The f 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. 3 I i i { 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 !'s 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. .y 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. i 7 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. s 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. i 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- _ 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. &4cov ;�77. L61A � ze n/ Edna M. Itolm9ren,Zlerk