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City Council - 06/27/1972 - Village Meeting MINUTES f` EDEN PRAIRIE VILLAGE COUNCIL Tuesday, June 27, 1972 7:30 P.M. Village Hall Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, Cosmano and McCulloch and Councilwoman Meyers. Also present was Village Manager George C. Hite, Village Attorney Harlan Porbix and Clerk Edna M. Holmgren. Z. MINUTES OF MAY 23, 30 AND JUNE 13, 1972 A motion was made by Mr. Nesbitt to approve the minutes of May 23rd with the following correction: 2. Alvin Holasek Property. Bryant Lake. Taking of Option. Page Five, Paragraph 3. Marty Jessen, Park Director stated that if the option on Alvin Holasek 's property were taken there would be no supervised swimming at the beach, etc. With this correction, Mrs. Meyers seconded. All voted aye. Motion carried. A motion was made by Mrs. Meyers to approve the minutes of May 30th with the following correction: A. Hipps Townhouse Development - Edenvale. Page 1 , Paragraph 2., Last Sentence. Mr. McCulloch inquired as to the Valley View Road schedule of upgrading and the Marsger stated that for the present time he felt that it was adequate to take care of this project but that upgrading would be needed within two or three years and would depend on the avai l abi 1 i ty of State Aid funds. With this correction, Mr. Nesbitt seconded. All voted aye. Motion carried. Approval of the June 13th minutes was carried over to the July 11th agenda. II. PUBLIC HEARINGS A. Forest Knolls (Portion). Lateral Sanitary Sewer and '•'atermain. Resolution No. 532. ! 4 The Manager presented and reviewed the proposal for lateral sewer and water in a portion of the Forest Knolls area. He stated that the project could be accomplished through a change order to the contract for utilities now under way in the area. The estimated cost of the Lateral Sewer Project is $100,100 for 44 R.E.C. 's with proposed estimated assessable cost per vacant lot of $2,275 and $1 ,706.25 per developed lot. The estimated cost of Lateral !•later Project is $26,000 for 36 R.E.C. Is with proposed estimated assessable cost per vacant lot of $722.22 and $541.67 per developed lot. } Council Meeting June 27, 1972 Page Two The Manager reported that signed petitions had been received from 22 of the 36 property owners on Rosemary Road, Theresa Place, Charles Ave. and Mariann Drive. None of the 8 Holly Road owners had presented petitions on the proposal . James Osborn, Theresa Place stated that he understood that it took a petition signed by 50% of the property owners on a street to open a hearing for utilities; only two on Theresa Place signed the petition. The Manager stated that there was no minimum percentage required and that some property owners wanted the hearing reopened. Mr. Osborn said that he waited to go en record that he was against the project, could not justify the cost and felt that his area did not need the work done at this time. The Mayor stated that he felt that the utility work should not be done r street by street or house by house as the cost would be prohibitive. James Potter and James Benson, Theresa Place felt that because of the terrain there was need for utilities at times when excess water from rain causes a problem. Mrs. Renier, Holly Road stated that she wanted the utilities installed. Gerald Pearson, Rosemary Road stated that he was against the installation as his home is only 3 years old. He then M asked the condition of water in the system before the treatment plant is in operation; the Manager stated that it would be approximately 15 grains hardness and 3 tenths iron content, much like conditions now C existing in most homes. The treatment plant wilt begin operation in the fall of 1973. Leonard Springer, Holly Road questioned the justification for water installation on Holly Road and the Manager replied that it was a part of the trunk system serving the entire Forest Knolls, Kings Forest area. There being no further comments or questions the Mayor closed the hearing. Mrs. Meyers made a motion to adopt Resolution No. 532 authorizing the proposed Forest Knolls Lateral Sewer and Watermain. Mr. Cosmano seconded. On roll call , Messrs Redpath, Cosmano, Nesbitt and Mrs. Meyers voted aye. Mr. McCulloch voted no. Motion carried. B. Westgate (East) Area, Lateral Sanitary Sewer and Watermain. Resolution No. 518. The Manager reviewed and recommended the proposal for Lateral Sewer and Water in a portion of Westgate continuing the Hearing of May 23rd. He s stated that the pipe could be extended from the Westgate Addition to include two properties, Plat 56709, Parcels 3230 and 3265 facing High- way 5. The estimated cost would be $4,300 for the two parcels, approx- imately i acre and two acres in size. He also recommended that the assessment period not exceed 10 years. No one appeared in response to the Hearing Notice. A motion was made by Mr. Nesbitt to close the hearing and adopt Resolut- ion No. 518 authorizing Lateral Sewer and Water Improvements in Westgate (East) and Lateral Sewer in Plat 56709, Parcels 3230 and 3265. Mr. McCulloch seconded. All voted eye. Motion carried. Council Meeting June 27, 1972 Page Three C. Shelter Development Corp. Request for RM 2.5 Zoning. Edenvale. Briarhill FHA 236 Proposal . Ordinance No. 177. The Manager reviewed the Briarhili FHA 236 proposal and noted that it had been considered by several of the Advisory Commissions. Don Peterson, Edenvale reviewed and located the project; the northwest area of Edenvale, 1/2 mile north of Valley View Road and noted that it would be an apartment rental project. Jay Van Dyke from Miller, Melby and Hanson, Architects, Mike Carroll and Dick Bienapfl , Shelter Develop- ment Corporation presented a series of illustrations of the multi level project containing 1, 2 and 3 bedroom units. The exterior would be of wood construction. Play areas, greenways and parking would be provided. Some 1 bedroom units on the main floor would be included for the elderly and/or handicapped. 3 The project is proposed on a FHA Section 236 facility with the following adjusted tenant incomes: $4,590 for l person, $6, 345 for 2, $7,425 for 3, $7,830 for 4, $8,370 for 5 and $8,910 for 6 with a $300 per child deduct. Proposed rents would be $114 for a 1 bedroom unit with a maximum of $1 32, $145 for a 2 bedroom with a maximum of $163 and $180 for a 3 bedroom with a maximum of $186. The Manager stated that he fully supported the proposal . tie said project scale and location were good and site design were well handled. He questioned the state law regarding taxation of the project. The potent- i al 5S6 tax of ful 1 and true val ue rather than the 20% whi ch i s normal for subsidized projects has to be solved and recommended that the Village obtain an Attorney General 's opinion before approving the project. Mrs. Meyers questioned the status of incorporating both market and rent supplement units in the project, was there a need for the mix and what was the Village prepared to do. Mr. Bienapfl said they had discussed this matter with FHA and that market rate units might be possible if combined with rent supplement. The Manager was asked to prepare a resolution incorporating both market and rent supplement for Council consideration. Mrs. Meyers questioned about a resident manager and what his duties would be. Mr. Carroll replied that there would be a manager and identified what his duties would be. Mr. McCulloch questioned the total cost and life of the project. Mr. Bienapfl replied that the cost would be approximately $2, 500,000 with about $105,000 in annual subsidy. Shelter Development would be tied to the project for 20 years. Wolfgang Penzet , liuman Rights Commission then read a resolution that had been adopted by the Commission urging the approval of the prdjoct. A motion was made by Mr. Cosmano to adopt the first reading of Ordinance No. 177. Mrs. Meyers seconded. Messrs Cosmano, Redpath and Mrs. Meyers voted aye. Mr. McCulloch and Mr. Nesbitt voted no. Motion denied. Council Meeting June 27, 1972 Page Four A motion was made by Mr. Nesbitt to continue the hearing to the July 25th Council meeting and request the staff to prepare a report on policy for rent supplement and market rate. Mr. Cosmano seconded. All voted aye. Motion carried. 0. Edenvale Third Addition. Preliminary Plat Approval. Resolution No. 533• The Manager reviewed and recommended approval of the Preliminary Plat i of Edenvale Third Addition with the following items as stated in the Eden Land Corporation letter dated June 21st: 1 . The northerly 275 feet of Edenvaie Boulevard will require right of way acquisition varying from zero to 60 feet in width from the Chicago Northwestern Railway. In the event the necessary right of way for Edenvale Boulevard cannot be acquired by the Village from the Railroad, Eden Land Corp. will dedicate sufficient right of way out of outl of A to provide a full 70 foot public right of way on Edenvale Blvd. y 2. Eden Land Corp. agrees to field stake a green strip boundary at the time the request approval of development stage application for Outlots I and J. Edge of tree line will be shown on these plans in relation to the park boundary and park dedication will be com- pleted upon filing of replats and Outlots I and J at development stage time. Mr. Nesbitt made a motion to adopt Resolution No. 533 authorizing Pre- liminary Plat Approval of Edenvale Third Addition as recommended by the Planning Commission. Mr. McCulloch seconded. All voted aye. Motion carried. E. St. John's Wood. Preliminary Plat Approval. Resolution No. 534. The Manager reviewed the request for Preliminary Plat Approval for St. John's Wood located in the northern third of the project. The area would contain one street named St. John's Wood Drive. Mrs. Meyers questioned the impact of lower project density; that there was no pool in the original plans and the inclusion of a swimming pool on the cost per unit. Mr. Gustafson stated that they decided that there would be an area suitable for the pool in later plans and that it would add from $175 to $200 to the cost of each unit making a total estimated cost of $24,500 to $28,500 per unit. A motion was made by Mr. Nesbitt to adopt Resolution No. 534 authorizing Preliminary Plat Approval of St. John's Wood as recommended by the Planning Commission. Mrs. Meyers seconded. All voted aye. Motion carried. Council Meeting June 27, 1972 Page Five III. PETITIONS, REQUESTS AND COMMUNICATIONS As Mr. Ed Peterson. Grant of Approximately 9 Acres of Parklend Along Nine Mile Creek. Mr. Ed Peterson appeared to indicate his intent to grant approximately 9 acres of parkland along Nine Mile Creek to the Village. The land is located at Valley View Road. Fie stated that he was dedicating this in order to protect the area along the creek valley. The conditions of the grant were that the Village would retain it in its wild state and that tiNe Village would acquire additional property at each end of the area. x The Mayor thanked Mr. Peterson for his gift on behalf of the Council and the Village. B. Robert 0. Haegel e, Jr. Application for On-Sale Liquor License. A motion was made by Mr. Nesbitt to accept the application for On-Sale Liquor License by Robert 0. Naegel e, Jr. and place on file. Mr. McCulloch seconded. All voted aye. Motion carried. ? C. Eden Land Corporation. Request for Vacation of Portions of Valley Viev) Road. Hearing Date. A motion was made by Mr. Cosmano to set a hearing date of July 11th for r. a request for vacation of portions of Valley View Road by Eden Land 1 Corp. Mr. Nesbitt seconded. All voted aye. Mot i on carried. ! D. Richard Mavison S Eden Land Corp. _Request for Vacation of a Portion of Can'terbuiry L•anew i•leari rig' Date. A motion was made by Mr . Cosmano to set a hearing date of July lath for a request' for vacation of a portion of Canterbury Lane by Richard Mavison and Eden Land Corp. Mr. Nesbitt seconded. All voted aye. Motion carried. E. License Application List Dated June 27, 1972. A motion was made by Mr. Nesbitt to approve the application list dated June 27th as recommended by the Manager as follows: SET-UP LICENSES GAS FITTER INSTALLATION Dutch's Resort - Harold Schaitberger Nielsen Gas Heat-Stan y M. Nielsen Edenvala Golf Club - William J. Sime, Jr. PLUMBING & SEWER SEWER Bob 's Plumbing & Htg. -Robert Kreatz Lon S. Anderson Spring Plumbing, Inc. -Marbert 14.Heintz J. McClure Kelly Co. - J. L. Kelly Mr. Cosmano seconded. All voted aye. Motion carried. i i Council Meeting June 27, 1972 Page Six F. blest Suburbi.in Teen Clinic. Request for Resolution of Support. Resolution Wo. 530. A motion was made by Mrs. Meyers to adopt Resolution No. 530 supporting the West Suburban Teen Clinic. Mr. Nesbitt seconded. All voted aye. Motion carried. IV. RECOMMENDATIONS AND REPORTS A. Parkland Purchases. Bryant Lake. Taking of Options on Alvin Holasek Ward Holasek 'roperties. The Manager reviewed and recommended taking options to purchase property at Bryant Lake for park purposes. The property is located north of Bryant Lake and west of Rowland Road. It contains 35+ acres of hilly wooded land along Nine-Mile Creek to the northern boundary of Eden "rairie, including the house, farm buildings and riding arena. The recommended purchase price for the Alvin Holasek property is $110,000 with option money of $1,000 and $310,000 for the hard Holasek property with option of $1 ,000; The options"wautd-expire on December 15, 1972. A motion was made by Mr. Cosmano to take the recommended options on the Alvin Hoiasek and Hard Holasek properties. Mrs. Meyers seconded. On t roll call , all voted aye. Motion carried. 13. Proposed Ordinance Regulating Operation of Motorcycles, Mini Sikes and All Terrain Vehicles. Ordinance No. 157. Second Reading. The Manager reviewed and recommended that no action be taken on Ordinance No. 157 at this meeting. He noted the July Newsletter to homeowners in Eden Prairie stated that the Council had the ordinance under considerat- ion. The Manager reported that changes had been suggested by the Sheriff 's Department in Sections 3 and 8 and that they should be consid- ered before the second reading was approved. Mrs. Renier, llol 1 y Road appeared to question why the children could not ride mini bikes in the park at Forest Knolls as the park has not been developed. She felt it was more dangerous for them to be in the streets than in the park. Mrs. O'Ryan, Park Commission member stated that there was no development in the park other than the hockey rink because of utility construction. She further stated that she would urge the Council to pass the ordinance for the safety of the children and protection of the parks. Richard Eisch, Manchester Lane stated that his children do play in the park and have been close to being hit by the bikes on several occasions. 1 He then questioned the Village Attorney what responsibility the Village has for accidents. Mr. Perbix said he doubted if the Village would have any liability. Council Meeting June 27, 1972 Page Seven Mr. Renier, Holly Road asked for an area that the children could ride in if the school-park site is not the place for them. He felt that there should be mini bike trails provided through areas for teem to get from place to place without using the streets. William Garens, Park Commission member stated that he felt that other people than bike riders isave rights too and that he felt that the school -park site was not the place for them. Mrs. Meyers asked how the ordinance was to be enforced. The Planager said that it was as difficult as the snowmobile ordinance to enforce but that the Village needed some method of controlling 'the problem. There being no further questions or comments, Mrs. Meyers made a motion to continue the reading of Ordinance No. 175 untii the July llth meeting. Mr. Cosmano seconded. All voted aye. Motion carried. C. tlorkman 's Compensation Insurance. Award of Policy. The Manager reported that there had been six proposals received for 'Jorkman 's Compensation insurance. lie recommended that Al l ied Mutual , Roger Hennessy Agency be awarded the policy. A motion was made by Mrs. Meyers to award the Workman's Compensation insurance policy to Allied Mutual at a premium of approximately $3,400 for the period June 1 , 1972 to June 1, 1973. Mr. Cosmano seconded. On roil call , all voted aye. Motion carried. D. Savaryn and Berqin Condemnations. Appeal of Awards. f y Upon the Manager 's and Village Attorney 's recommendation a motion was made by Mr. McCulloch to appeal the award of the Savaryn and Bergin condemnations. Mrs. Meyers seconded. Ali voted aye. Motion carried. a V. APPOINTMENTS d A. South Hennepin Human Services Planning Board. Appointments by { Council of Four Board Members. Two Terms tc- Expire January, 1973 and Two in January, 1974. A motion was made by Mr. Nesbitt to appoint the Village Manager and Councilwoman Joan Meyers for a 2 year term to the South Hennepin Human Services Planning Board and the Village Heaith Officer, Dr. Benjamin Dofenkamp for a one year term. The remaining appointment is to be made at a later date. Mr. Cosmano seconded. Ail voted aye. Motion carried. AG E ij0A ADDITIONS • i 1 . Hennepin County Library Lease. Round Lake. Resolution No. 531 . The Manager recommended signing the lease for the 1/2 acre area at the north and of Village property at Round Lake for library facilities. Hennepin County would be requested to install caution lights with flashers at the entrance on County Road 4. Council Meeting June 27, 1972 Page Eight A motion was made by Mrs. Meyers to adopt Resolution No. 531 authorizing the Mayor and Manager to sign a 5 year lease with Hennepin County for a library site at Round Lake. Mr. Nesbitt seconded. All voted aye. Motion carried. 2. ! allace Nustad. Request for Vacation of a Portion of Bluff Road. { ileari ng Date. A motion was made by Mr. Cosmano to set a hearing date of July 11th for the request for vacation of a portion of Bluff Road by t/ai lace Nustad. Mr. Redpath seconded. All voted aye. Motion carried. .P 3. Mr. Calvin A. Anderson. Request for Permission to Fill Portions of Purgatory Marsh and Shoreline of Rosemount Pond. Complaint Regarding Soil Erosion. i Calvin Anderson appeared requesting the Village's assistance in resolving a dispute with the Riley-Purgatory Creek l/atershed District. The District contends that no appropriate government agency had authorized him to place fill on his property just south of S.T.H. No. 5 in the NE 4 of Section 15. The Village Council granted him permission to move fill up to 27,000 yards onto his property at the August 11 , 1970 meeting. A certified copy of the minutes will be sent to the Watershed District by the Village Clerk. Mr. Anderson requested help in resolving a problem regarding an adjustment in the channel of Purgatory Creek immediately south of Trunk llighway 5. He stated that he believed the installation of the Purgatory Interceptor had resulted in an artificiai channel adjustment which he would like to have corrected. He was advised by the Council that this was under the jurisdiction of the '.:atershed District and that the pipe was installed under contracts awarded by the former SSSD and that contracts and constructed facilities are now the responsibility of the Metro Sewer Board. The Manager was requested by the Council to write to the Riley Purgatory '!atershed District and the Metropolitan Sewer Board in regard to this matter. Mr. Anderson then requested that the Council grant him permission to fill a part of his land which is located around a pond in the NEB of Section 14. He stated that he was making application to the Minnesota Department of Natural Resources for the establishment of a normal high- water level for the pond so that the limits of that area which may be. filled are established. lie further stated that adjoining property owners, Rosemount Engineering had recently been overfilling the pond with their airconditioning water. tie was advised that no Village permits were required for filling providing the area to be filled is not within flood- plains. Meeting adjourned at 12100 A.M. Edna M. Holmgren, Clef*