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City Council - 03/28/1972 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, March 28, 1972 7:30 P.M., Village Hall Members present were: Mayor Paul R. Redpath, Councilmen Lieb, Nesbitt and McCulloch and Councilwoman Meyers. Also present was Village Manager George Hite, Village Attorney Harlan Perbix and Clerk Edna Holmgren. I. MINUTES OF MARCH 14, 1972 A motion was made by Mr. Lieb to approve the March 14th minutes with the following correction: Section II, Item B. last paragraph. Mr. Nesbitt seconded the motion. With this correction, Mr. Nesbitt seconded. All voted aye. Motion carried. i II. PETITIONS, REQUESTS AND COMMUNICATIONS G g A. REDROCK PLAN. Publ is Hearing (Continued from March 14th) Resolution No. 500. The Manager reviewed the proposed REDROCK Sector Plan as amended and recommended by the Planning Coin ission on March 21st. He stated that this plan was not a proposed zoning map but a guide for that segment of the community and a method of coping with change in this area. The Planning Commission recommended that the REDROCK Sector Plan be adopted as presented in the plan document as submitted by the planning staff with amendments to exclude the portion of the area situated between Scenic Heights Road and proposed Highway 212 and designate the average density within the proposed 5-15 dwelling unit per acre area would be established . at 10 units per acre. Mr. McCulloch inquired as to how the roads were to be paid for in that segment of the community and the Manager stated that it would be done by assessment to the benefited property owners. Mrs. Meyers inquired as to whether the proposed elementary school site had been discussed with the School District. Mr. Hite stated that it had been discussed with the Superintendent. He also reported that the Park & Recreation Commission had reviewed the park and open space proposals. Mr. McCulloch asked how the land would be financed for the Village Center. The Manager replied that the Village would consider all options available including both public and private participation in the project. The Mayor asked for questions from the floor, Mr. Richard Feeri ck quoted population figures for similar developments in the eastern part of the country and said he felt that the population figures presented for REDROCK were confusing. Mr. Russell Marsh stated that the Village should not compare Eden Prairie with the east but rely on figures that we have available at the present time. There being no further *questions, the Mayor closed connents from the floor. Mr. Lieb expressed his appreciation to Planner Dick Putnam and Manager George Hite for their efforts on this plan. Council Minutes March 28, 1972 Page Two Mr. Lieb made a motion to close the hearing and adopt Resolution No. 500 approving the REDROCK Sector Plan as amended and recommended by the Planning Commission. Mr. McCulloch seconded. All voted aye. Motion carried. B. OLD FARMO SHELTER DEVELOPMENT CORP. Public Hearing. (Continued from March 1 th). Request for RM 2.5 Zoning. First Reading Ordinance No. 168.' ' PUD Concept Plan. Resolution No. 505. Mr. Coleman representing Shelter Development Corp. reviewed their proposal and responded to a number of questions from the Council in regard to rental rates for the units, population density and the number of units per acre. Mr. Nesbitt made a motion to close the hearing and adopt the first reading of Ordinance No. 168 for RM 2.5 zoning on 14 acres and adopt Resolution Non 505 approving their PUD Concept Plan on the basis of the Shelter proposal and the Planning Commission's recommendation. Mr. Lieb seconded. All voted aye. Motion carried. C. HIPPS CONSTRUCTION CO. Public Hearing. (Continued from March 14th) Re ue t for R1 1 and RM 6.5 Zoning. First Reading Ordinance No. 169. PUD Concept Plan Approval . Resolution No. 506. Mr. Hoisington, representing Hipps Construction Co. reviewed their prop- osal for developing 30 detached residential units and 135 townhouses on a 34 acre parcel of land. The Planning Commission recommended that the planning report dated March 18th be approved for developing the single family area as R1 13.5 zone and the townhouse portion of the project on the easterly 23 acres be rezoned to RM 6.5 district. A motion was made by Mr. Nesbitt to close the hearing and adopt the first reading of Ordinance No. 169 establishing R1 13.5 and RM 6.5 zoning classifications and adopt Resolution No. 506 approving the proposed PUD Concept 'Plan on the basis of the Hipps development proposal and the Planning Commission's recommendation. Mrs. Meyers seconded. Ail voted aye. Motion carried. D. ATHERTON ROCKET DEVELOPMENT CORPORATION. Public Hearing (Continued from March 1 th). Request for RM 2.2 Zoning,. First Reading Ordinance No. 170. PUD Concept Plan Approval . Resolution No. 507. Mr. Johnson, regpresenting Rocket Development Corp. reviewed their prop- osal for development of a 60 acre site. The Manager reported on the Planning Commission's recommendations; approval of RM 6.5 zoning for the townhouse protion of the application and that the number of townhouses permitted within the area be limited to 86. They also recommended approv- al of the concept proposal for the remainder of the property on the basis of the overall density not exceeding 10 units per acre with judgement on the density credit for flood plain protection being withheld until such time as specific development plans for this sector were submitted and reviewed. Council Minutes March 28, 1972 Page Three Mr. Johnson stated that the townhouses would sell in the $25,000 to $29,000 range, contain 2 bedrooms with a 2 car tuck under garage. Mr. Lieb asked about exits to Mitchell Road and the traffic load that Mitchell would have to carry. The Manager stated that Mitchell Road was identified in the REDROCK Plan as a collector road and would be capable of handling the anticipated traffic volume. Mr. Pete Klose representing Rocket Dev- elopment reviewed plans for landscaping the project parking area. Mrs. Meyers closed the hearing and made a motion to adopt the first reading of Ordinance No. 170 approving RM 6.5 zoning in the first phase of the project and Resolution No. 507 for their PUD Concept flan on the basis of the Rocket application material and the Planning Commission's recommendation. Mr. Nesbitt seconded. All voted aye. Motion carried. E. FOREST KNOLLS (Portion). Public Hearing. (Continued from March 14th). Resolution No. 499. The Manager reviewed the proposal for Lateral Sewer and Water in Forest Knolls, Block 1 , Lots 0-12, Block 4, Lots 3-5 and Block 5, Lots 1-6. tie discussed the possibility of installing the sewer along rear lot lines rather than in the streets but recommended that the system be installed in the streets. Mr. Robert Chapman requested cost figures which the Manager reviewed for him. Mr. Chapman said he agreed that the pipes should be installed in the streets. A motion was made by Mr. Lieb to close the hearing and adopt Resolution No. 499 authorizing Lateral Sewer and Water installation in a portion of Forest Knolls. Mr. Nesbitt seconded. All voted aye. Motion carried. F. FRANLO ROAD VACATIO14 (Portion). public Hearing. Request by The Preserve. Resolution No. 501 . The Manager presented and reviewed the portion of Franlo Road vacation requested by The Preserve. lie indicated that the east-west parkway provided by the Highpoint plat would replace the road vacation. A motion was made by Mr. Lieb to adopt Resolution No. 501 approving the vacation of a portion of Franlo Road as requested. Mr. Nesbitt seconded. All voted aye. Motion carried. G. GEORGE MAURER CONSTRUCTION CO. Public Hearing. Request for I2 Park Zoning. Lot 2, M & K Addition. Ordinance No. 171 . First Reading. The Manager reviewed tb.- request for 12 Park Zoning on the west 200 feet of Lot 2, M & K Addition. T;ie request was made on behalf of Suburban Mood Products and the Manager noted that the Planning Commission had recommen- ded' that the request be approved. ' A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 171 zoning the west 200 feet of Lot 2, M b K Addition, I2 Park as recommended by the Planning Commission. Mrs. Meyers seconded. All voted aye. Motion carried. Council Minutes March 28, 1972 !'age Four H. LATERAL SE'.!ER AND tIATER PETITIONS. King 's Forest (Portion) . Resolution No. 50 :. The Manager reviewed the petitions and recommended the installation of Lateral Sewer and !eater for the fol 1 owi ng lots: 1 . Robert F. Lorraine Teslow, 6735 Kingston Drive Lot 2, Block 1 - Stevens Heights 2. Lewis Kinne, 6617 Manchester Lane Lot 1 , Block 1 - King's Forest Addition to Stevens Heights 3. George O'Brien, 6902 Kingston Drive Lot 2, Block 2 - King's Court 2nd Addition 4. Bernard Geller, 6901 Kingston Drive Lot 1 , Block 3 - King 's Court 2nd Addition 5. Richard Friehe, 6923 Kingston Drive Lot It, B i ock 3 - King 's Court 2nd Addition A motion was made by Mr. Nesbitt to adopt Resolution No. 504 authorizing the installation of Lateral Sewer and Water to serve the petitioned prop- erties. Mr. Lieb seconded. Ail voted aye. Motion carried„ I. HOPKINS SCHOOL DISTRICT. Agreement on Use of Village Voter Registration i File. The Clerk reviewed the request by the Hopkins School District for the use. of the Village Voter Registration File. She stated that Minnesota Stat- utes, Section 201 . 33 provides that the commissioner of registration of any municipality and the school district which elects to use the municipality's voter registration system shall provide by agreement for the details of the use of the system by the school district. A motion was made by Mr. Re death to authorize the Commissioner of Regis- tration to sign and return the agreement to the Director of Business Affairs, Independent School District No. 274, Hopkins. Mr. Nesbitt seconded. All voted aye. Motion carried. J. HENNEPIN COUNTY SHERIFF. Activity Report. Sergeant Jack Hacking reviewed the Hennepin County Sheriff's report for the 6 month period dated July 1, 1971 to January 1 , 1972. He compared this report with the previous 6 months and stated that accidents were about the same but felt that the traffic light at County Road 4 and Highway 5 had cut accidents down considerably at that intersection. He further stated that break-ins were about the same, burglar alarms less, vandalism the same, domestics had decreased, dog calls were up 100%, missing persons had dropped considerably, horse calls were up, shooting violations had decreas- ed in half but that liquor violations were up. Mileage in the community by the Sheriff service had increased 400% and the hours spent in the t Village were up from 157 to 390 during the period. Mr. Keith Mall review- ed his work with the school children and contacts with business firms in regard to burglary prevention. He informed the Council about the formation of a school patrols of elementary schools. The Mayor thanked the men on behalf of the Council and community for their interest and coneern for the Village. Council Minutes March 23, 1972 e Page Five K. FIREMAN'S RELIEF ASSOCL-kTIOId. Annual Financial Report. The Manager presented the Fireman's Relief Association financial report dated December 31 , 1971 for Council review. L. EDENVALE SECOND ADDITION. Preliminary Plat. Resolution No. 502. The Manager reviewed the Planning Commission's recommendation for the proposed Edenvale Second Addition preliminary plat. The Commission requested flexibility in location. of Valley View Road near the railroad underpass. With this exception, Mr. Nesbitt made a motion to adopt Resolution No. 502 as recommended by the Planning Commission. Mr. Lieb seconded. All voted aye. Motion carried. M. UIGH POINT ADDITION. Final Plat. Resolution No. 490. The Manager recommended that approval be given on the final plat, High Point located in The Preserve. lie stated that the developer's agreement had been received. Mrs. Meyers made a motion to adopt Resolution No. 490. Mr. McCulloch seconded. All voted aye. Motion carried. III. RECOM14ENDATIONS AND REPORTS 9 7 A. INDUSTRIAL COMMISSION. Consideration of Commission's Function. 3 The Manager reported on comments made by Ken LeGrand and Rolf Haugen regarding the need for an Industrial Commission. Mr. Cortland Haupt reported that no meetings have been held in 1972 and that the Commission had probably tried to undertake projects that were beyond their capability. The Council felt that the talents of these Commission members could be used in the future. The Mayor was instructed to contact them by letter. a. FLYING CLOUD PARK IMPROVEMENTS. Recommendation of Park Commission. A letter dated March 13th was presented to the Council from the Eden Prairie Athletic Association citing their need for financial help to provide repairs on all backstops and new benches for all fields with protective screening in front of each bench at the Flying Cloud Park. They noted that there was $1 ,350 in the Capital Improvement budget for 1972 for establishment of a Babe Ruth ball field at Round Lake. The Park Commission recommended that these funds be delegated to improving the Flying Cloud fields. f A motion was made by Mrs. Meyers to transfer the budgeted capital improve- ment funds for Round Lake to the Flying Cloud field in the amount of ` $1 ,050. Mr. Lieb seconded. On roll call , all voted aye. Motion carried. i Council Minutes March 20, 1972 Page Six C. ORDI11WICE NO. 165. ESTABLISHING UTILITY RATES AND REGULATIOi+1S. Second Reading. 4 In reviewing Ordinance No. 165, Mrs. Meyers stated that she felt that $4.50 minimum per REC per month for Dater user charges was too high. T►ie Manager said that this amount was needed to finance the projects but that a. lesser rate might be used until the treatment plant is in operation. The Manager recommended that the proposed Section 6 on "Further Rules and Regulations" be deleted. A motion was made by Mrs. Meyers to adopt the second reading of Ordinance No. 165 wi th a change in Section 3, Subdivision 2: For !later, .05 hundred gallons, subject to a minimum of $3.50 per REC per month with the under- standing that this minimum would be reviewed when the treatment plant goes into operation. :With this change and the deletion of proposed Section 6 Mr. Nesbitt seconded. All voted aye. Motion carried. D. ORDINANCE NO. 167. UTILITY ESCROW. Second Reading. The Village Attorney reviewed Ordinance No. 167 for the Council. Follow- ing some modifications Mr. Redpath made a motion to adeopt the second reading of Ordinance No. 167. Mr. Lieb seconded. All voted aye. Motion carried. E. L. P. JARRETT UTILITY EASEMENT. The Manager reviewed and recommended the acquisition of a Sanitary Sewer Trunk Line easement on the Lorman Jarrett property in Section 9, Parcel 2610 for the amount of $1 ,200. A motion was made by Mr. Redpath to approve the recommended payment of the easement on the Jarrett property. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. IV. FINANCES A. AUDIT OF CLAIMS 10098 rrlROUGH 101*01'. A motion was ►iade by Mr. Nesbitt to approve claims 10098 through 10101 ror payment. Mrs. Meyers seconded. On roll call , all voted aye. Motion carried. 0. AUTHORIZATION FOR SALE OF $2,500,000 PUBLIC IMPROVEMENT BONDS. April 25, 1972. Resolution No. 503• A motion was made by Mr. Redpath to adopt Resolution No. 503 authorizing the sale of $2,500,000 Public Improvement Bonds and set the sale date for Apri 1 25, 1972. Mr. Nesbi tt seconded. Al 1 . voted aye. Motion carried. c 1 Council Minutes Harch 240, 1912 Page Seven ADDITIONS TO AGENDA 1 . Ordinance No. 172. Updating Village Traffic Ordinance tio. 68 to Conform to New State Legislation. First Reading. A motion was made by Mr. Redpath to adopt the first reading of Ordinance No. 172. Mr. Lieb seconded. All voted aye. Motion carried. 2. Waste Management Landfill. Sale to Industrial Disposal Corporation. Mr. Roger McKi l i i p and Ed Drury appeared to advise the Council o►` the sale of Waste Management landfill. They stpted ti-►at the Pollution Control Agency had been notified and that regulations would remain the same as before the sale. Mr. McKillip advised that the purchasers were aware of and accepted all of the land use a►:d landfill operation commi ttments made by Vaste Management to the Village. 3. Utility Petitions, a) Old Farm Land Associates. Rocket Development Corporation. Hipps Construction Co. Petitions for Sanitary Sewer, I!atermain, Mitchell Road & Atherton Road Street Surfacing. These petitions were postponed until the next Council meeting on April 11th. Meeting adjourned at 11 :50 P.M. Edna M. Holmgren, C1 rk lt— t ff i