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City Council - 09/26/1972 - Village Meeting MINUTES ' EDEN PRAIRIE VILLAGE COUNCIL Tuesday, September 26, 1972 7:30 P. M. , Village Hall Members present were: Mayor Paul R . Redpath, Councilmen Nesbitt, Cosmano, McCulloch and Councilwoman Joan Meyers. Also present were Village Manager, Robert P. Heinrich; Village Attorney, W. Harlan Perbix; and Clerk, Edna M. Holmgren. I. MINUTES OF REGULAR MEETING , SEPTEMBER 12 , 1972 ,, AND SPECIAL MEETING ON SEPTEMBER 19 , 1972 . A motion was made by Mr. Nesbitt to approve the minutes of September 12th as written with the following correction: Section II,_ (B) Eliason Builders, Inc. , Paragraph 4 . Mrs . Meyers questioned how many homes would be built next year in Phase I, `Mr. Eliason replied that possibly one half of them. She then asked what price homes would be built on the excluded portion of the PUD on Round Lake Circle and when they would be constructed. Mr. Eliason stated that they would be in the $30, 000 price range and built ,.m in about 3 years. He also noted that if inflation and/or building costs rose, possibly the size of the house would be limited in order to keep housing costs down. Mayor Redpath also stated that he was concerned about providing some moderate price housing in the project. A resident on Heritage Road questioned what price homes would be built facing existing properties and was told that they would be in a comparable price range to those now there . With these corrections, Mr. Cosmano seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to approve the minutes of September 19th as written. Mr. Cosmano seconded . All voted aye. Motion carried. II. PUBLIC HEARINGS A. Bru-Mar Construction Co. Valley Knolls Addition. Reopen Hearing from September 12 , 1972 . A motion was made by Mrs. Meyers to reopen the hearing, Valley Knolls Addition. Mr. Cosmano seconded. All voted aye. Motion carried. Richard Putnam , Village Planner, reviewed and presented the Valley Knolls Addition plat. The Mayor then called for comments and/or questions from the floor. Wolf Penzel stated that he was concerned about traffic that this development would create on Barberry Lane. He questioned why the southern cul-de-sac could not be turned around to Council Meeting September 26 , 1972 Page Two open on Duck Lake Road rather than Barberry Lane. The Planner replied that this could be done but that utilities would have to be installed on Duck Lake Road and also the street upgraded. A resident on Duck Lake Trail asked about plans for widening his street. The Planner informed him that this was not in the Guide Plan, that Duck Lake Trail would be a connector street and that a new route is proposed to the south to carry traffic. Robert Waldack, Barberry Lane, stated that water gathers at the intersection of Barberry Lane and Duck Lake Trail and he felt that this development would create more problems at this point. The Planner stated that storm drains would be required in the development to ease this problem . Dale Lommen, Barberry Lane , appeared to inform the Council ;4 that he was not against the project but thought the developer should try to make the plat more livable . He stated that he liked the one loop plan that provides another exit to Barberry Lane. Mrs. Larry Todd , West 66th Street, stated that she liked the cul-de-sacs in the project but would like to see the one on the south reversed. John Fredrickson, Duck Lake Trail, asked if the value of his property would not be reduced by emptying all of the traffic on Duck Lake Trail. The Manager replied that he thought it would not and that new roads are being planned, perhaps in 5 years. Mr. Fredrickson asked if the Manager thought this development would not make . the increased trips excessive, he replied that he thought that it would not. n Douglas Chase, Barberry Lane , presented a petition signed by affected property owners stating that they were opposed to the rezoning from RI 22 to RI 13 .5 and that alternate routes should be provided for the school and increased traffic. He then asked if there would be a sidewalk on Barberry Lane if this project were approved. The Planner replied that there would not but that a walkway is proposed on Duck Lake Trail for the project. There being no further comments or questions, a motion was made by Mrs. Meyers to approve the preliminary plat of Valley Knolls Addition but to reverse the cul-de-sac on the south to Duck Lake Road. She then asked that costs be computed in order to extend utilities on Duck Lake Road and also to upgrade the road, what assessable costs would be to affected property owners . She also requested a study in order to find out what traffic volume it would take to have four-way stop signs installed on Duck Lake Trail and Duck Lake Road. Mr. McCulloch seconded . Airs. Meyers and Mr. McCulloch voted aye. Messrs. Redpath, Nesbitt, and Cosmano voted no. Motion denied. A motion was made by Mr. Nesbitt to approve the preliminary plat of Valley Knolls as planned and instruct the Village Manager to instigate a traffic study on Duck Lake Trail and Duck Lake Road. Mr. Cowmno seconded . Messrs. Redpath, Nesbitt and Cosmano voted aye. Mrs. Meyers and Mr. McCulloch voted no. Motion carried. Council Meeting September 26, 1972 Page Three B. Jonathan Housing Corp. Greenward Townhouses. Ordinance No. 188. RM 6.5 Zoning. Resolution No. 580, Preliminary Plat Approval. Richard Putnam , Village Planner, and Bill Bonner from The Preserve Presented and reviewed the Greenward Townhouse project at the end of E/LV Parkway next to Neill Lake. Townhouses in the $25-30 , 000 price range are proposed to fulfill a community need for moderate price single family housing . The plan includes six inside parking spaces for each four unit buildings . The 30 units have 44 garage spaces and 27 outside spaces plus six recreational vehicle storage areas. The land adjacent has varied uses proposed or approved. Preferred Developers is planning a rental apartment on the parcel to the east with about 180 units in a doughnut- shaped three story building with underground parking. The proposed plan for that site will not adversely affect Jonathan Housing site . Preferred Developers and Jonathan Housing will jointly use the entrance from the Parkway but only Jonathan traffic will use the townhouse streets. The land to the south is quasi-public open space around Neill Lake and will provide excellent recreational uses as well as visual open space. The f Parkway borders the property to the north and adequate separation from the h, road to the units will be maintained. Earth berms and vegetation are pro- posed to effectively separate arterial street and units. Walks to serve the units and provide access to the underpass from the Parkway and to Neill Lake's open space are proposed. Mrs . Meyers questioned whether there was enough storage provided for sleds , skiis, grills, etc . Mr. Putnam replied that he thought there was . There being no further questions or comments, Mrs . Meyers made a motion to close the hearing and approve the reclassification from Zoning District Rural to RM 6. 5 . Mr. Cosmano seconded. All voted aye . Motion carried. A motion was made by Mrs . Meyers to adopt the first reading of Ordinance No. 188 reclassifying Jonathan Townhouses from District Rural to RM 6,5 . Mr. Nesbitt seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. 580 approving the preliminary plat of Jonathan Townhouses. Mr. Cosmano seconded. All voted aye, Motion carried . III. PETITIONS , REOUESTS AND COMMUNICATIONS A Letter from Mr. Robert A. Johnson. The Manager reviewed a letter dated September 13th from Robert A. Johnson, 16176 Edenwood Drive, in regard to the condition of evergreen trees that had to be removed and replaced for sewer installation. Mrs. Meyers asked Council Meeting September 26, 1972 Page Four if they had been planted on right of way or not and felt the matter should be referred to the contractor on the project. A motion was made by Mr. Nesbitt to accept the letter of September 13th from Robert A. Johnson and place on file . Mrs. Meyers seconded. All voted aye. Motion carried. B. Letter from Mr. William D. Miller Commending Sheriff Service . i The Manager reviewed the letter received from 'Alilliam D. Miller com- mending the Sheriff service while he was on vacation. The Manager was E instructed to draft a letter to Mr. Miller acknowledging receipt. C . Petition from New Town Development Requesting Construction of Divided Lane Parkway to Serve Development. The Manager reviewed and presented a petition from New Town Development for a divided lane to serve the development. The Council felt that since they do not know the alignment of Freeway 212 and that they saw no reason „ for granting the request until sales adaptability is presented . Mrs. Meyers made a motion to accept the petition and place on file but to deny the feasibility report. Mr. McCulloch seconded. All voted aye. Motion ,.arried. D. Petition from New Town Development Requesting Construction of Water Lateral Mains to Serve Development. The Manager reviewed and presented the petition from New Town Develop- ment for construction of lateral water mains to serve the development. He recommended accepting the petition and crdering a feasibility study. A motion was made by Mr. Nesbitt to approve the Manager's recommendation. Mr. Cosmano seconded. On roll call, all voted aye. Motion carried. E. Request from Crown Auto Stores, Inc. to Issue Municipal Intjustrial Development Bonds . The Manager reviewed a letter received from Dain, Kalman & Quail, Inc. requesting the Village to issue municipal development bonds for Crown Auto Stores . The Manager felt that he wanted to check with Moody - Standard & Poor to find out if this type of bonds affects the Village rating. Discussion was held with the Council and Village Attorney and they decided to table the matter until a later date. Council Meeting September 26 , 1972 Page Five IV. RESOLUTIONS AND ORDINANCES A. Resolution No. 574 Authorizing Participation with the Suburban Public a Health Nursing Service for 1973 . A motion was made by Mr. Nesbitt to adopt Resolution No. 574 authorizing participation with the Suburban Public Health Nursing Service for the year 1973 in the amount of $2 ,358 .92 or 30 per capita. Mr. Cosmano seconded. On roll call, all voted eye . Motion carried. r B. Resolution No. 579 Expressinc Appreciation to George Hite for Service to the Community. A motion was made by Mr. Nesbitt to adopt Resolution No. 579, apprecia- tion to George Hite for service to the community. Mrs. Meyers seconded. a A11 voted aye. Motion carried. C . Second Reading Ordinance No. 183 . Edenborouc3h Subdivision. Rezoning to RI 13.5 . Mrs . Pat Arldt appeared to state that she and the developer had come to an agreement in regard to providing adequate screening on her side yard with ;encing, trees, and bushes. The Village Attorney suggested that Mr. Kemp write a letter defining what would be done and file a copy of it with the Village. A motion was made by Mr. Nesbitt to adopt the second reading of Ordinance No. 183 but hold publication until the letter from Mr. Kemp is received. Mrs. Meyers seconded. All voted aye . Motion carried. D. Second Readinq,Ordinance No. 182 . Round Lake Estates, Rezoning t� RI 13 .5 . A motion was made by Mrs. Meyers to adopt the second reading of Ordinance No. 182 approving the rezoning, Round Lake Estates, to District RI 13 .5 . Mr. McCulloch seconded. All voted aye. Motion carried. E. Second Reading Ordinance No. 185 . Valley Knolls Addition. Rezoning to RI 13 .5. A motion was made by Mr. Nesbitt to adopt the second reading of Ordinance No. 185 approving the rezoning of Valley Knolls Addition from Rural to District RI 13 .5 . Mrs. Meyers stated that she was voting aye to the rezoning but was opposed to the preliminary plat. Mr. McCulloch seconded. All voted aye. Motion carried. Council Meeting September 26, 1972 Page Six F. First Reading of Ordinance No. 187 . An Ordinance Establishia Charges for the Pu!;pose of ESlualizina Trunk Water and Sewer System Assessments , Upon Connection of Premises to the System. John Frane reviewed this ordinance for the Council . He stated that the purpose and necessity for it is to insure equity of charges for the Village's Trunk System when properties are developed. He further stated that the ordinance gives the Village a vehicle to recover the money which would have been assessed if they had known the exact development which would occur on each parcel of property in the Village . Mrs. Meyers asked whether the charges should not tie into the Engineer's News Record Index. Mr. Frane concurred with this . A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 187 adding a new Section 3 as follows: The charges in Section 1 (b) and Section 2 (b) shall be modified according to the Engineering Con- struction Cost Index of Utility construction with September, 1972 , equaling a base of 100. .. Wi th this addition, Mr. Cosrnano seconded. All voted aye. Motion carried. 1 V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of Parks & Recreation Director on FY 1973 LAWCON Grant Application. Marty Jessen reviewed the preliminary application for a 1973 LAWCON Grant for park property on Bryant and Staring Lake. He noted to the Council that the Park & Recreation Commission had recommended the application. A motion was made by Mr. Cosmano to authorize the preliminary applica- tion for a 1973 LAWCON Grant. Mrs. Meyers seconded. All voted aye. Motion carried. 9 r B. Acquisition of Paurus Property (LAWCON Grant) . i Marty Jessen reviewed taking an option on the Paurus property, parcel 13, consisting of 1. 1 acres and a house on Staring Lake. The purchase price will be $43, 000 with a $1, 000 option to October 2, 1972 . Mr. Jessen requests authorization for the staff to act on the option subject to Federal approval before October 2nd. Council Meeting September 26, 1972 Page Seen A motion was made by Mrs. Meyers to take an option in the amount of $1 ,000 subject to Federal approval before October 2nd. Mr. McCulloch seconded . On roll call, all voted aye . Motion carried. C . Mayor's Appointment to the Board of Appeals. The Mayor appointed Jerrold Miller and James Wedlund to the Board of Appeals for terms to expire on December 31, 1972 . Paul Choiniere, Anthony Hirt, and Roger Pauly were reappointed for terms to expire on December 31, 1972 . 9 A motion was made by Mr. Nesbitt to approve the Mayor's appointments to the Board of Appeals . Mr. Cosmano seconded. All voted aye Motion carried. D. Manor's Appointment of Village Manager as Civil Defense Director. P motion was made by Mrs. Meyers to approve the Mayor's appointment of the Village Manager as Civil Defense Director. Mr. Nesbitt seconded. All voted aye Motion carried. E. Status Report of Joint Villages hool Board of School Site Study. This item was postponed. F. Manager's Report. The Manager reviewed two items that he would like to meet on as follows: 1. The Eden Prairie School Board would like to meet jointly with the Village on October 19th at 7:30 p.m. at the School. 2. The Council will meet on October 3rd at 7:00 p.m. in the Fire Hall for a work session. I The meeting adjourned at 10:50 p.m. C_ Edna M. Holmgren, Cle f