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City Council - 07/11/1972 - Village Meeting MINUTES I EDEW PRAIRIE VILLAGE COUNCIL Tuesday, July 11 , 1972 7: 30 P.M. , Village Hall Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, McCulloch and Councilwoman Meyers. Also present was Village Manager George C. Mite, Village Attorney Harlan Perbix and Clerk Edna tiolmgren. I. MINUTES OF JUNE 13 AND 27, 1972 A motion was made by Mr. Nesbitt to approve the June 13th minutes as written. Mrs. Meyers seconded. All voted aye. Motion carried. A motion was made by Mrs. Meyers to approve the June 27th minutes with the following correction and addition: E. St . John's Wood, Page 4, Paragraph 2. Mrs. Meyers questioned the impact of lower project density; that there ivas no pool in the original plans and the inclusion of a swimming pool on the cost per unit. Mr. Gustafson stated, etc. E. License Application List Dated June 27th, Faye 5. Plumbing & Sewer Licenses. J. McClure Kelly Co. - J. L. Kelly With these corrections, Mr. McCulloch seconded. All voted aye. Motion carried. II. PUBLIC HEARINGS A. Mitchell Heights Sanitary Sewer. Resolution No. 540. The Manager presented and reviewed the proposal for Sub-Trunk Sanitary Sewer in the Mitchell Heights area. The estimated cost of the project is $248,733 for 1 ,273 units with a proposed assessable cost per unit of $19F. 39. The Manager stated that the project would serve three parcels, Shelter Development, Parcel 4500 containing 515 units, Rocket Development, Parcel 5000 with 593 units and Iiipp Construction, Parcels 3630 and 2800 with 165 units. He noted that the trunk watermain has been installed on i Mitchell Road to serve lateral extensions to the area. Mr. Harvey Coleman; Shelter Development appeared to state that he was concerned about the layout of the project in regard to location as it cuts across the property. the method of assigning units and methods of proposed assessment. The Manager informed Mr. Coleman that sewer could be located on or adjacent to the parkway and that at the time of the assessment hearing Shelter's requests would be considered. He stated that he Felt that the proposal was the least costly design for the three properties. Mr . Coleman asked as to the two other petitions to improve Atherton Road extension of water utility. The Manager replied that none will be recommended until sewer is approved. Mr. Doug Johnson, New Town project stated that he was in favor of the trunk sewer as proposed and was anxious to begin with their project. A representative of Hipps Construction stated that they I were also in favor of the sewer project. Council Meeting July 11, 1972 Page Two There being no further questions or comments, Mrs. Meyers made a motion to close the hearing and adopt Resolution No. 540 authorizing Sub-Trunk t Sanitary Sewer in the Mitchell Heights area. Mr. Nesbitt seconded. All voted aye. Motion carried. B. Street Vacations. 1 . Portions of Valley View Road. Resolution No. 541. l The Manager reviewed a petition for vacation of portions of Valley View Road by the Eden Land Corp. where the road will be relocated in Edenvale 2nd Addition. Temporary easements have been sent to the Village on these portions of the road and the now roadway right of way will be dedicated to the Village when the plat is filed. A motion was made by Mr. Nesbitt to close the hearing and adopt Resolutio:; No. 51+1 authorizing the vacation of portions of Valley View Road with the stipulation that the new right of way will be dedicated to the Village when the plat is filed. Mr. McCulloch seconded. All voted aye. Motion carried. 2. Portions of Bluff Road. Resolution No. 542. The Manager reviewed a petition for vacation of portions of Bluff Road by Wallace Hustad in conjunction with the platting of Creek Knolls. A motion was made by Mr. Nesbitt to close the hearing and adopt Resolutio. No. 542 authorizing the vacation of portions of Bluff Road. Mrs. Meyers seconded. All voted aye. Motion carried. 3. Portion of Canterbury Lane. Resolution No. 543. The Manager reviewed a petition by Eden Land Corp. and Richard Mavison to vacate the north 20 feet of Canterbury lane extending just north of the Mavison driveway. Mr. Putnam, Planning Assistant stated that the lar just north of the Mavison property is not zoned and the owner feels that it is reducing the access by this vacation. The Manager replied that access could be to County Road 67 on the north and that the property is r likely to be zoned for residential use as it is situated next to industr: property and the railroad. lie suggested that the Council might authori z- the vacation with consideration that if the land to the north is zoned residential , the road could be opened. Mr. Mavison noted that the neigh; were concerned about a road extension to Rirch Island if Canterbury Road is not vacated. A real estate firm representative was concerned that th• was no pattern of roads in the area and felt that the Village should wai with the vacation until the 33 acres to the north are zoned. Mayor Redpath stated that he felt that the Council needed time to work with the staff on this matter. The Manager replied that the use of the land to the north of the road should be resoived. Mrs. Meyers questioned as to who retains ownership when a road is vacate The Manager replied that it would revert to the adjacent property owners Council Meeting July 11 , 1972 Page Three A motion was made by Mr. Nesbitt to continue the hearing until the July 25th Council meeting. Mrs. Meyers seconded. All voted aye. Motion carried. III. PETITIONS, REQUESTS AND COMMUNICATIONS A. Condon Naenele. Comment on Liquor License Application. Mr. Rob Naegeie, Jr. appeared to amplify on their request for a liquor ,license at the,-June 27th Council meeting. He stated that they had planned a restaurant much like Lord Fletchers on their property on liighway 169 and 494. Completion date is set from 16 to 18 months with a $670,000 anticipated building cost. The Mayor stated that the Village did not have an ordinance for this type of operation and the Council must set the criteria firs-. The Manager notes that this was the first application of this type and that the Council must first adopt an ordinance. tie suggested that this matter be placed on the next Council work session agenda. D. Creek Knolls Addition. Final Plat Approval . Resolution No. 537. The Manager revi eried and recommended Final Plat approval for Creek Knolls with the following conditions: that the roads are constructed or a developer 's agreement, a scenic easement - Outlot A as identified in the Preliminary Plat and easement presented to the Village at the time of platting and a document identifying the dedicated area of a minimum of 100 feet on each side. f A motion was made by Mr. Nesbitt to adopt Resolution No. 537 authorizing Final Plat approval of Creek Knolls Addition when the appropriate docum- ents have been drawn and signed before platting. Mr. McCulloch seconded. A11 voted aye. Motion carried. IV. RECOMMENDATIOi4S AND REPORTS A. Proposed Ordinance Reculating Operation of Motorcycles, Mini-Bikes, and All Terrain Vehicles. Ordinance No. 175. Second Reading. A second reading of Ordinance No. 175 was held. Several persons expressed their objections to the exclusion of mini-bikes from the Forest Hills School /Park property and asked that the Council designate trails in the Village. Others indicated that mini-bikes were noisey, constituted a hazard to non-motorized persons using park facilities, were destroying grasses and causing ruts which could erode the hills. t A motion was made by Mrs. Meyers to adopt the second reading of Ordinance No. 175 as amended and ordered published; the Park €, Recreation Comnission be instructed to designate areas on Village Parks which it Feels would be suitable for mini-bike use. Mr. Nesbitt seconded. All voted aye. Motion carried. J Counci 1 Meeting July 11 , 1972 Page Four 8. Brauer & Associates. Engineering Agreements four R_edrock S Baker _Road Area Public Improvement Projects. A motion was made by Mr. Nesbitt to authorize the Mayor and Manager to sign the Engineering Agreements for Redrock b Baker Road Area Public Improvement Projects. Mrs. Meyers seconded. All voted aye. Motion carried. s C. Proposed Ordinance Amending Traffic Ordinance. Ordinances No. IZ3 and No. 1714. First Reading. A motion was made by Mr. Nesbitt to adopt the first reading of Ordinances No. 173 and No. 174. Mr. McCulloch seconded. All voted aye. Motion carried. 0. Proposed Southwest Suburban CATV Study Commission. Resolution No. 538* A motion was made by Mrs. Meyers to adopt Resolution No. 538 authorizing the Mayor and Manager to sign a Joint and Cooperative Agreement for a Southwest Suburban CATV Study Commission to cost $2,000 annually as needed but not to exceed $20000. Mr. McCulloch seconded. On roll call, all voted aye. Motion carried. Two appointments to the Commission will be made at the next Council meeting on July 25th. C E. Designation _ of Acting Village Manager. Upon the Manager 's recommendation, a motion was made by Mr. McCulloch to appoint John Frane, Finance Director as Acting Village Manager. Mrs. Meyers seconded. All voted aye. Motion carried. F. Acceptance of 189,270 Federal Grant for Waste Water. Resolution No. 545. A motion was made by Mrs. Meyers to adopt Resolution No. 545 accepting the Federal Grant for the 'Waste Water Treatment Plant in the amount of $890370 • and authorizing the Manager to sign the acceptance. Mr. McCulloch seconded. All voted aye. Motion carried. G. Proposed Ordinance Regulating the Moving of Buildings. Ordinance No. 176. First Reading. A motion was made by Mrs. Meyers to adopt the first reading of Ordinance No. 176. Mr. McCulloch seconded. All voted aye. Motion carried. V. FINANCES A,Audit of Claims 10479 through 10631 . A motions made byy Mrs. Meyers to approve claims 10479 through 10631 for payment. Mr. McCulloch seconded. On roll call, all voted aye. Motion carried. 8. Cash & Investment Report Oated July 11 , 1972. A motion was made by Mrs. Meyers to accept the Cash S Investment Report dated July llth. Mr. McCulloch seconded. All voted aye. Motion carried. Council Meeting July 11 , 1972 Page Five AGUIDA ADDITIONS 1 . Don Rippel . Oury-Carlson. Mining License & Permit. County Road 67 Between Baker Road & Railroad. Don Rippel , representing Bury-Carlson reviewed the application for a mining license and permit to operate a pit on the east half of the Peters property in Section 3. The Peters home on 3 or 4 acres is proposed as an exemption to the 20 acre parcel . Mrs. Peters has acknowledged her approval . No change is proposed on 3. 3 acres on the east side of the property. The Manager noted that this area protects the Village interest and gives the owner use of the property and provides a green area and a break between the St. John' s 1Jood and industrial area. Mr. Rippel stated that it would be a crushing operation and the time sched- ule would be from 3 to 5 years depending on the need for material . Upon the Manager 's recommendation a motion was made by Mrs. Meyers to grant a permit and license for the Bury-Carlson pit. Mr. McCulloch seconded. All voted aye. Motion carried. 2. r1arkland Purchase. Staring Lake. Taking of Option to Purchase the Don Paurus Property. The Manager reviewed and recommended taking an option on the Don Paurus ! property at Staring Lake for park purposes. It is located in the northwest area of Staring Lake on 1 . 1 acre of 1 akeshore property with 325 feet of frontage on Staring Lake including a house and a smati horse barn. The option price is $1,000 and will extend until October 1 , 1972 at which time the remaining S42,000 of the total purchase prices of $43,000 will be due in cash. The Village will assist Mr. Paurus in renting his house, he will receive the rent payments until the time of closing after which all rent payments will be made to the Village. i Upon the Manager's recommendation a motion was made by Mr. Meyers to take an option in the amount of $1,000 on the Don Paurus property. Mr. I McCulloch seconded. On roll call, all voted aye. Motion carried. Meeting adjourned at 11 :00 P.M. 4., d Edna M. H of ren, Cler t