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City Council - 08/22/1972 - Village Meeting i iIiiUTES EDE14 PRAIRIE VILLAGE COUNCIL Tuesday, August 22, 1972 7:30 P.I i. , Village Hall fl:mbers present were: fiayor Paul R. Redpath, Councilmen flesbitt, Cnoiano and [McCulloch and Councilwoman [Meyers. Also present was lade f ianager, Robert P. 11ei nrich, Village Attorney, Keith Simons and Clerk, Edna ilolmgren. I , MINUTES OF AUGUST 8, 1972 y A rio4lon was made by firs. fleyers to approve the minutes of August 8th as written. Flr, flesbitt seconded. All voted aye. [lotion carried. a X Ii. F900C HEARINGS A. Edenvale. Shelter DevelopmentTr-di Corp. Request for R11 2.5 Zoning. 1.3riar ii rflA'236 Proposal . r(�_d nnance—fio. 177 First ea Ong. Dick Putnam, Village Planner reviewed the Griarhill project in Edenvale. 11-c. project is proposed to contain 126 units of which 18 units will be tc.-.-mhouses on a 10.8 acre site. Hr. Putnam stated that the Planning Corr::,1i;sion had recommended rezoning the 10+ acre site in Edenvale to :;f ?_i .5 in accordance with the approved Edenvale PUD Plan, fie also -rec. inriended inclusion of Market Rate and Rent Supplement units within thi Griarhill project. He felt the opportunity of using special FHA 236 requirements highly desirable in providing a balanced residential environment in Eden Prairie. Village Attorney Keith Simons then reviewed the Attorney General 's or' pion in regard to a state statute which provides for an assessment rate, of 5% market value on projects financed under the National Housing :act in communities of under 10,000 population. fie stated that the 5% � applies for 15 years from the date of original construction. The Attorney. General ruled that Eden Prairie would come under this ruling according to the 1970 census but that the projects would be entitled to a 20% assessment after the 15 year period for the remainder of the term of the loan no matter what the population is then. There being no further questions or comments fir. Nesbitt made a motion to close the hearing and approve the Briarhill FHA 236 proposal . Mr. Cosimwno seconded. fiessrs Redpath, Cosmano, Nesbitt and Mrs. fieyers voted aye. fir. f7cCulloch voted no. fbtion carried. A motion was made by firs. fieyers to adopt the first reading of Ordinance No. 177 reclassifying from District Rural to District 1111 2.5. f1r. Cosmano seconded. flessrs Redpath, Cosmano, Nesbitt and Mrs. [Meyers voted aye. fir. ficCulloch voted no. Motion carried. C _ A motion was made by firs. fieyers to adopt Resolution No. 569 providing participation by the Village in the Federal Rent Supplement Program in the Bri.nrhill project, fir. Cosmano seconded. Messrs Redpath, Cosmano, Nesbitt and [irs. fieyers voted aye. Mr. McCulloch voted no. Motion carried. Council tieeti ng August 22, 1972 Page Two A motion was made by Mr. Cosmano to adopt Resolution No. 570 provid-i.ng participation by the Village in the Federal Hlarket Rate Program in the Griarhill project. tors. Heyers seconded. Hessrs Redpath, Cosmano, Nesbitt and Mrs. !Meyers voted aye. fir. McCulloch voted no. Hoution carried. B. Minneapolis Chapter of American Institute of Architects/Eberhardt. t1i nds ope RIA 236Proposal . rdi na c Ito.1 al . First Reading. Dick Putnam, Village Planner reviewed the Windslope project in The Preserve. The project is proposed to contain 168 units of 1 , 2 and 3 bedroom units with the buildings grouped in 12 and 18 unit clusters on a 10.8 acre site. fir. Putnam stated that the Planning Commission had recormended that the Hindslope project for moderate income housing in The Preserve be approved as an excellent multiple family residential environment. The manager presented a letter from the Secretary of the Human Rights Conmiission advising the Council that the Commission had passed a motion at their August 1st meeting approving the Windslope project. Ors. ileyers questioned whether rent supplement had been considered for this project. Mr. George Carter from The Preserve replied that they had been hesitant over the provision for rent supplement units but that they recognize the importance to Eden Prairie of providing an economic mix. They have now decided to abide by the Council 's decision in this matter. There being no further questions or comments, Mr. Cosmano made a motion 1 to close the hearing and approve the Windslope FFIA 236 proposal . Mrs. Heyers seconded. Messrs Redpath, Cosmano, tdesbitt and Mrs. fleyers voted aye. fair. McCulloch voted no. notion carried. A motion was made by Mr. Cosmano to adopt the first reading of Ordinance No. 181 reclassifying from District Rural to District R11 2.5. (ir. tdesbitt seconded. !Messrs Redpath, Cosmano, flesbi tt and Mrs. Meyers voted aye. Mr. McCulloch voted no. notion carried. A motion was made by Mrs. Heyers to adopt Resolution No. 571 providing participation by the Village in the Federal Rent Supplement Program in the Windslope project. fir. Cosmano seconded. fiessrs Redpath, Cosmano, Nesbitt and firs. Meyers voted aye. Mr. McCulloch voted no. Motion carried. A motion was made by Mr. Cosmano to adopt Resolution No. 572 providing participation by the Village in the Federal Market Rate Program in the Windslope project. Mr. tfesbitt seconded. Messrs Redpath, Cosmano, Nesbitt and Mrs. f-ieyers voted aye. Mr. McCulloch voted no. Motion carried. Council Meeting August 22, 1972 Page Three C. Elliason Builders, Inc. Round Lake Estates PUU. Reclassification rom oni nc� i s ric ura to .5.- Prel in ni ary Prat prCvii Uick Putnam, Village Planner presented and reviewed the Round Lake Estate PUU proposal on a single family subdivision located on 50 acres north of Highway 5 and south and !west of Round Lake. It is proposed to contain a mix of housing in the $27,000 to $GO,000 cost per unit. Phase I containing 26 lots is proposed at this time and will be served by utilities from Highway 5. A resident questioned where Heritage Road would run as it is the only street to Highway 5 in the project. fir. Putnam stated that a proposed parkway on the south side of Round Lake would ease the traffic. The question of a time schedule on the parkway was asked. Nr. Jessen, 1F::rk and Recreation Director replied that some plans would be drawn i:p next year. Fir. James Hoag, Heritage Park stated that he was very opposed to the project unless there is another exit provided. Mr. Putnam stated that the project was still before the Planning Commission and recommended that the hearing be continued to the ;September 12th meeting. A mot4on was made by Mr. Cosmano to continue the hearing until September 12th. firs. Meyers seconded. All voted aye. Motion carried. 0. Kemrich, Inc. Edenborou h Subdivision. Reclassification from Zonin ct Rural to RI 13.5.Ordi�nance No. 185. Firs-TTeading. isre m-s nary Plat pprova eso uti'on(15— . [pick Putnam, Village Planner presented and reviewed the Ederborough S-:bdivision proposal on the north side of Uuck Lake Trail arrd east of toe Bellhurst Addition on 13,500 square foot lots served by sevier and water from Duck Lake Trail . tie stated that he recommended that the pathway/steps along the storm sewer easement running to the park on the northerly low land area be installed by the developer or adequate provision be made with the Village for these future developments. A letter has been written to firs. barks an adjacent property owner n^tifying her of the Kemrich proposal and the Village has encouraged joint cooperation as much as possible. A petition was received and filed from several residents in the Bellhurst Addition requesting that the existent Ginavale Lane cul-de-sac be retained. Several homeowners appeared in person to state their opposition to the extension of Ginavale Lane into the proposed Edenborough Sub- division. 11r. Putnam stated that on the plat plans this lane was not a cul -de-sac but just the end of the street and subdivision. Mr. Nesbitt stated that he was on the Planning Commission when this plat was approved and at that time it was planned to extend this street in order to have an exit for fire and street maintenance equipment. 1 , Council fleeting August 22, 1972 Wage Four Firs. Pat Arlt, 18221 Ginavale Lane appeared to say that she felt that the lots 1.2 and 3 in Block 1 were platted on land higher than her property. Fir. Putnam said that he didn't think that they were but that perhaps the lots could be arranged in a different manner. He stated that he would meet with her and inspect the properties in question. There being no further comments, Mr. tlesbItt made a motion to close the hearing and approve reclassification from Zoning District Rural to RI 13.5. 14r. Cosmano seconded. All voted aye. Motion carried. A motion was made by Fir. Nesbitt to adopt the first reading of Ordinance No. 183. Mrs. Neyers seconded. All voted aye. Fiotlon carried. A motion was made by Per. Nesbitt to adopt Resolution No. 562 approving t'ie Preliminary Plat of Edenborough as per ilr. Putnam's recommendation a`ter meeting with Mrs. Arlt. Mr. McCulloch seconded. Motion carried. E. Donald H. Perkl-Douglas D. Arndt. Ba wood Subdivision. Reclassificzt crs from Zone rc;�Ui stri ct Rural to RI I3.5. Ordinance iJo. 184. i rst Reading. Preflin nary Plat Approval-,Resolution No. 563. Dick Putnam, Village Planner presented and reviewed the Baywood Subdi•►ision proposal adjacent to Duck Lake and County Road 4. It is C. proposed on a 15.9 acre site with 27 lots of 13,GCO square feet or greater. There are two usable Outlots a and C that are to be main- tained by the subdivision homes association or by easement. The extension of Outlot B with pedestrian strips to Duck Lake will offer an opportu0ty to the residents for access to the lake. The lake froi,ta-e of 120 feet will provide space for a small boat marina, sun bathing, ice skating, etc. The extension of Haywood Terrace to tha north could ba accomplished by locating the street on the Stodoia-Deaver property line minimizing tree cutting and providing access to both properties. l' i 1 i ti es, storm sevier, curb and gutter will be provided by the devel oper. Hennepin County Highway Department has been included in the proposed plat. An additional ten feet of right of way along County Road 4 will be required. Firs. Heyers questioned whether the existing storm drains were adequate. f-ir. Putnam stated that there was no problem and that the flood gates seemed adequate. She also questioned the possibility of pollution in Duck Lake. Larry Hanson of Schoell and Hadsen replied that there we.ild be no more by adding this project than what a farmer puts on his land. There being ne further comments, Mr. Nesbitt made a motion to close the hearing reclassifying Qaywood Subdivision from Zoning District Rural to R1 13.5. fir. McCulloch seconded. All voted aye. lotion carried. A motion was made by Mr. Cosmano to adopt the first reading of Ordinance No. 184. Mrs. Meyers seconded. All voted aye. Motion carried. l E Council Meeting August. 22, 1972 Page Five A motion was made by fir. Cosmano to adopt Resolution No. 563 approving the Preliminary Plat as recor.mended by the Planning Commission. Mr. Nesbitt seconded. All voted aye. Motion carried. F. Hipps Construction. Edenvale. Reclassification from Rural (Edenvale -PUU to Residential Nuuultip!e RM 6.5. Ordinance No. 174. Second Reading. Pre iminary Plat Approval . solution No. 4. g Dick Putnam, Village Planner reviewed the Hipps Construction project in Edenvale. 26 townhouse units are proposed on a 4.7 acre heavily wooded site at a density of approximately 5.5 units per acre. The units are proposed to sell fron $30,000 to $40,000. This project had teen presen" at an earlier Council meeting an May 30th. No questions or comments were forthcoming from the Council or audience. A motion was made by fire Nesbitt to approve reclassifying Hipps Construction-Edenvale project fror,. aural (Edenvale PUU) to Residential Multiple RM 6.5. firs. f:eyers seconded. All voted aye. Motion carried. A motion was made by firs. Meyers to adopt the second reading of Ordinance No. 174. Per. Cosmano seconded. All voted aye. Hotion carried. A motion was made by fir. Nesbitt to adopt Resolution No. 564 approving the Preliminary Plat - Hipps Construction - Edenvale. f-fir. Cosmano seconded. All voted aye. Motion carried. G. Br -UkarConstruction Valle Knolls Addition. Reclassification u Co. v _ from District Rural to District RI 13.5. Ordinance Pdu. IE35. i=i t Read ing. Prel imi nary Plat Resolution No. 565. - This iten was moved to the September 12th agenda. III. PETITIONS , REQUESTS IA COMUtJICATIONS A. Tree Chipping_ Operation at International Disposal Corporation of f i ni nesota Inc. U Mr. Luther Nelson and Joe Helgevold, Environmental Services for Hennepin County presented and reviewed plans to establish a "tree chipping operation" on property owned by International Disposal Corp. of Hinnesota, Inc. on Flying Cloud Drive in Eden Prairie. The tree chipping operation consists of hauling in trees and wood debris, stocking them and chipping into a usable product with a tree chipping machine. The operation would be conducted by Hennepin County with services and land provided in an agreement with IDC. Actual operation will be in the easterly portion of the sanitary landfill . Council Meeting it August 22, 1972 Page Six The Mayor questioned the danger of transferring Outch Elm Disease to Eden Prairie by hauling trees into the Village. fir. tielgevold replied that there was no danger after the bark is removed. The County plans to close down the operation when the beetles are active, will not haul dogs from the last part of April through the first week in June. The Mayor stated that he understood the only may to get rid of the disease is to burn the trees. Mr. Flelgevold stated that the Pollution Control Agency has banned all burning. Mr. Redpath also questioned what would be done with the stripped bark. fir. Helgevold stated that once it is stripped the disease is gone, there is no home for the insect. A series of slides and film was shown by Mr. Nelson in regard to the type of operation that will take place at the sanitary landfill . Marty Jessen, Park Director reported that the Park & Recreation Commission was working on an ordinance to govern the hauling of trees within the Village. The Mayor suggested that the matter be tabled until the Park & Recreation Commission reports back to the Council . B. Report on Operation Alternatives Services and Recommendation for an Acting Program. Marty Jessen gave a report on "Operation Alternatives" a four day drug re seminar at Lawrenceville Kansas attended by five people from the School District and the Village. Mr. Jessen stated that this group would like to study the drug abuse situation in Eden Prairie and take some action or direction by working on a program for Eden Prairie. The Council { requested what they needed in order to start the program. fair. Jessen replied that they would like to send a mailing to all citizens in Eden Prairie with a questionnaire in regard to knowledge of drug problem, ' the needs of the community with this problem, etc. lie said that this mailing could perhaps be done for a cost of about $300 for postage and i printing. He was asked by the Council to report back at the September 12th meeting with more details about this survey. C. Michael J. Richter. Request for Small Kennel License. The Manager reviewed a report by the Sheriff's office on the application by i,Jr. Richter for a Small Kennel License on Franlo Road. As the runways had been built too close to the neighbor's home, it would be impossible to keep the noise and odor from annoying these residents. ' Under these circumstances the Manager recommended that the license be denied. Several residents appeared voicing their objections also. A motion was made by 11r. McCulloch to deny the Small Kennel License for Michael J. Richter and file a complaint to have the dogs removed. Mr. Cosmano seconded. All voted aye. Potion carried. ,r' I Council fleeting August 22, 1972 Page Seven D. Approval of List of Judges and Counters for September 12, 1972 and November vember 9 Elections. A motion was made by fir. Nesbitt to approve the following list of Judges and Counters: JUDGES iStC1Ct I District II District III firs. Margie Woodhouse �r� Fred-7olasek Mrs. Jenny Gibson Mrs. Shirley Jellison Mrs. Doris Johnson airs. Patricia Edelson Mrs. Evelyn Rogers Pirs . fdancy Autio firs. Elildred Clark Mrs. Lorraine Rath firs. f iargaret aye Ears. Sandra Brown k COUNTERS l-istrict I District II District III Mrs. Jean Towne �1r�.Ol ever Warner Fir. James Brown J. Perry Forster fir. Calvin Anderson firs. Dorothy Pennie David Uocendorf fir. Henry Hauser Mrs. Libby Hargrove r Firs. Beulah Eggan i lr. Richard Anderson Fir. Kent Barker ;r firs. Hyl a Jensen i irs . Hary K. ?1cCarten Mrs. Sally Brown i.-'.rs. Kay Sundell fir. f9ichael Pohlen firs. Betty 5chaitberger [irs. fieyers seconded. All voted aye. [lotion carried. E. flinnesota Hi hwav Department Elaintenanre Facility Located Between H40wax 169 and Interstate 212 iTlorth of Major Center Area. eso]up on it. 561. _ Dick Putnam, Planner reviewed the Highway Department site and plans. fir. Putnam stated that he felt that the facility was well put together, utilizing land in an intense noise area next to a freeway. Heavy screening will be provided and site grading has formed a pad which is high above the road. Mr. Putnam expressed concern about the use of all of the land between 212 and 169. The land north of the Mine-Mile Creek which becomes narrow and low, and the land south of the site should be left as a buffer/open space area he stated. fir. Pat Charidivr of the Highway Department concurred that the land should be left open and added that an agreement between the Village and Highway Department should be arranged at the time Village approval is granted and completed concurrently with the building permit. The fiayor questioned if the Village might end up with a salt/sand pile as there has been on old County Road 5. fir. Chandler said that it would not, this would be under cover. There being no further questions or comment, a notion was made by f-ir. • Nesbitt to adopt Resolution fdo. 567, a resolution establishing Minnesota Highway Department iiaintenance Facility land restrictions. Mr. Cosmano seconded. All voted aye. Motion carried. Council fleeting August 22, 1972 Page Eight F. Human Rights Commission [Motion to Approve Staff Report Dated Julj 30,_ T9 - Windslope J. This motion was included in the previous Section I - Public Hearings, Item B. IV. RESOLUTIONS ANU ORDIIIANCES A. Resolution Supporting Metro Sewer Board and fletro Council Proposal oT cating Reserve city Costs to Future Users. Reso ution No. 566. A motion was made by f1r. Nesbitt to adopt Resolution ilo. 566 supporting the concept of a System Availability Charge as the means by which Lin future users of the Metro Sewer System Mould pay for the system costs incurred for their benefits. Fir. Cosmano seconded. All voted ave. Motion carried. B. A Resolution of Intent I-Int to Treat Industrial Wastes. Environmental Protection Agency. ResU ut on No. �5g. The Ccuncil requested that this item be carried over to the September 222th meeting for clarification by the Finance Uirector. V. FINANCES ? A. Fire Department Relief Association. Financial Requirements. The financial requirements of the Fire Department Relief Association were received and filed. 7 ADDITIONS 1 . Duck Lake Trail G County Road #4. Pedestrian Pathway. i Dick Putnam, Planner presented a proposed pedestrian walkway on Duck Lake Trail to 168th Avenue, County Road #4 from Hilwauree Bridge to Luther' Way. He stated that the total length of the proposed walkway fron Ticonderoga Trail to 168th Avenue is approximately 5,710 feet. By removing the Bru-11ar, Kemrich Inc. subdivision and church property fronting on Duck Lake Trail and total remaining is 2,260 feet at about $1 .50 per foot of 4 foot walkway would cost an estimated total of $5,175. The suggested location of a walkway on the east shoulder of County koad #4 from the bridge to Luther Way has been thus far looked upon as being unfavorable by the County Highway Department. They are studying the possibility of a different location. The total length would be approximately 4,240 feet at about $1.50 per foot with an estimated cost of $6,360. i i Council Meeting August 22, 1972 Page Nine Discussion was held on areas along the road where this pathway could be placed. Mr. Putnam felt that an extension of the road would not be safe as the striped line perhaps could not be seen readily during the winter months with snow and ice. A pathway along the ditch or on undeveloped land which might be deeded to the Village at the time of plat approval was also discussed. Mrs. Meyers felt that since Duck Lake Trail would be restored after utilities are installed, it would be a suitable time to consider the alternatives of a pathway. This item is to be placed in a future agenda when more data is available in regard to completion dates on utility installation. 2. License Application List Dated August 22, 1972. A motion was made by Mr. Cosmano to approve the license application list dated August 22n4 as follows: Plumbin Plumbing & Sewer es er%orman Plumbing T-9—T FIec an ca Contr. Co. James R. Dougherty Gas Fitters 1�Z D Me— anical Contr. Co. Cigarette Robert J. Paulson Eden Prairie Oil Products Earl Pederson Plumbing & Heati n Progress Plbg: eating Co. David R. Ward Mr. Nesbitt seconded. All voted aye. Motion carried. 3. Round Lake Storm Sewer. Bid Award. A motion was made by Mr. Nesbitt to award the bid for the Round Lake Storm Sewer to Northern Contracting Co. in the amount of $18,425.30. Mr. McCulloch seconded. On roll call , all voted aye. Motion carried. The,meeting adjourned at 12:05 A.M. f Edna 9.7 Holmgren, Clrdrk }