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City Council - 10/24/1972 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, October 24, 1972 7:30 p.m., Village Hall Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, McCulloch and Councilwoman Joan Meyers. Also present were Village Manager, Robert P . Heinrich; Village Attorney, i1. Harlan Perbix and Clerk, Edna M. Holmgren. I. MINUTES OF OCTOBER 10, 1972 MEETING A motion was made by Mrs. Meyers to approve the minutes of October loth as written. Mr. McCulloch seconded. All voted aye. Motion carried. II. PUBLIC HEARINGS i A. Edenvale 5th Addition. Eden Land Corp. Reclassification from District Rura ct RMl to Distri 6.55. First Reaming. Ordinance No. l 9. Preliminary Plat Approval . Resolution ido. 591 . . The Village Manager reviewed a letter dated October 19, 1972 from Eden Land ; Corp. in regard to the slope lying on the west edge of Edenvale 5th Addn. and adjacent to the Purgatory Creek park system. Donald Peterson stated in a letter that they would commit to placing an item in the protective covenants which will prohibit the construction of any building or fence of any kind other than natural plantings from being constructed upon this slope. w Village Attorney, Harlan Perbix stated that this was a private restriction, that people buy with restrictions on property in the plat. Mrs. Meyers stated that she felt the covenant was hard to enforce and that she would still like the tree line used. Mr. McCulloch related that he has discussed the plat with the residents of Hillcrest and the consensus of opinion was that it was acceptable as laid out. Doug Donovan, N. Hillcrest Ct. stated that he did not want the road extended accross the creek and felt the covenant was acceptable if enforcible. Mr. Peterson replied that Eden Land Corp. does not plan to cross the creek, still feels the walkways are sufficient. Mrs. Meyers questioned whether the covenant prohibits steps on the slopes, Mr. Peterson replied that it did not. She also asked if variances on lots mould be acceptable, Mr. Peterson replied that it could be but that the reduced lot size would lessen the sales value. There being no further questions and/or comments Mr. Nesbitt made a motion to close the hearing and reclassify Edenvale 5th Addition from District Rural to District RM 6. 5. Mr. McCulloch seconded. Messrs Redpath,MeCulloch and Nesbitt and Councilwoman Meyers voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 189. Mr. McCulloch seconded. All voted aye. Motion carried. A motion was made by Mr. McCulloch to adopt Resolution No. 591 approving the preliminary and final plat with covenants as stated in Eden Land Corp. letter of October 19th. The covenants are to be forwarded to the Village Attorney. Mr. Nesbitt seconded. Messrs Redpath, McCulloch and Nesbitt and Councilwoman Meyers voted aye. Motion carried. i Council fleeting October 24, 1972 Page Two } 13. Marren Shultz. Two Acre Subdivision East of County Road #4 Between Kurtz Lane and nark Terrace Drive. Rezoning from District Rural to District RI 13.5. Preliminary Plat Approval . Several residents in the Paradise Valley area appeared to discuss the Warren Shultz subdivision. The Mayor informed them that the Planning Commission had recalled the proposed plat for further study. The Village r'lanner, Dick Putnam stated that the reason for recalling was that the land to the east was available for sale. A resident asked if they could be notified when this item was placed on the Planning and Zoning and the Council agenda, the Mayor stated that it would be done. A motion was made by Mr. Nesbitt to continue the hearing on the Warren Shultz subdivision until the Planning Commission sends its recommendation to the Council . Mrs. Meyers seconded. All voted aye. Motion carried. C. Edenvale Industrial Park 2nd Addition. Final Plat Approval . Resolution No. 600. A motion was made by Mr. Nesbitt to adopt Resolution No. 600 approving the final plat of Edenvale Industrial Park 2nd Addition. Mrs. Meyers seconded. All voted aye. Motion carried. D. Hirsch Development Corporation. The Preserve. Reclazsifi.cation from District Rural to Uistrict RM 2.5. Ordinance No. 191 . First Reading. Preliminary Plat Approval . Resolution No. 901 . Mr. Bill Donner and Don Rippel presented and reviewed the townhouse/patio homes proposed in lots 6 and 7 in The Preserve, Phase I and rezoning the entire 25 acre parcel . The plan utilizes small, private cul-de-sacs with approximately 7.0 units served from Neill Lake Road. The exception is the large cluster on the hill to the east where 56 units use a 1 ,500 foot long cul -de-sac with access onto Franlo Road. Parking is provided for the townhouse/patio home units with 3. 3 spaces per unit. The enclosed parking is 1 .5 per unit. Recreational vehicle storage is in the enclosed garages which also function as wails for play areas. Mr . Rippel stated that the public pathway along the Olympic Hills Golf Course should not create a conflict if the choice of materials used for separation is wall suited. The public and llirsch residents will not be able to walk on the fairways. Natural barriers such as ponds and water channels combined with low huslies 1 would provide the boundary line. Mayor Redpath asked if the edge of the golf course should not be fenced. Mr. Rippel felt that there would probably not be a problem as it is a par 3 hole. tie thought possibly the Village would want some protection when pathways are planned later on and that something could be worked out with the golf course. Mrs. Meyers questioned whether the units would be for sale or rented. Mr. Rippel replied that they would be for sale in the $27,000 to $33,000 price range. Mr. McCulloch then stated that he thought that the booklet submitted by Hirsch Development Corp. was done well and the person or persons responsible should be commended. Council Meeting October 24, 1972 Page Three There being no further questions and/or comments Mrs. Meyers made a motion to approve the reclassification of the Hirsch Development in The °reserve from District Rural to District RM 2. 5. Messrs Redpath, McCulloch and Nesbitt and Councilwoman Meyers voted aye. Motion carried. A motion was made by Mrs. Meyers to adopt the first reading of Ordinance No. 191 . Mr. Nesbitt seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. 601 approving the preliminary plat, Hirsch Development Corp. , The Preserve, First 0hase. Mrs. Meyers seconded. All voted aye. Motion carried. E. Shadow Green. Mark Z. Jones. Edenvale. Rezone North and South Site from District Rural to RM 2. 5 and rezone Convenience Center from District Rural to C-Commercial . Ordinance No. 1r2. First Reading. Preliminary 1'l at Approval . Resolution No. G07. i Con Peterson, Eden Land Corp., Mark Z. Jones, Dick Schwartz, Architect and Jim Robins, Landscape Architect presented and reviewed the Shadow Green project in Edenvale near the Valley View and Baker/Mitchell roads intersection. The plan consists of 3 sites, the north and south rental an artment project and the neighborhood commercial center. Buiidings in the north site are proposed of wood frame, 3 story with basement underground parking. Each building wi 1 1 be served by elevators that feed double 1 oad central corridors. Each structure will have about 70 units of varied unit type. Balcony space is provided for each unit. The south site will have a different approach because of the steep slopes and mature trees. The units will be thru-building, like a townhouse with at least two sides exposed. Entry to the units will be by a stair tower serving six units each with a separate entry. The uphill buildings will be three stories of wood frame construction with a balcony and views over the golf course. The Convenience Center is proposed as an auto, quick service neighborhood center. The access to the center will be limited since no median cuts will be allowed on Mitchell with only one on Valley View. The basic use of the corner as a commercial site is an obvious choice due to its high exposure to two community streets. The southeastern quadrant of the inter- section will have a community commercial shopping center. The other corners will complement that center by supplying non-commercial uses, church and housing. There are 50 parking spaces provided on the site, the spaces divided into small lots. Smaller landscaped parking areas are more easily landscaped. The buildings will be of masonry with a brick exterior. Glass and wood will be used for entry and window facades. The roof over the gas pumps will have wood trim running between the building and the fin wall towards the road. Dick Putnam, Village Planner felt that these details were important because the structure is contemporary, with strong massing forms for the garage and grocery. He also suggested that detailed building designs be approved by the planning staff prior to granting a building permit, that detailed landscape plans also be submitted and that all parking areas will be adequately screened with earth or plant material . Mrs. Meyers questioned if the olanning Department hid checked with the Fire Department on wood frame construction with garage in the basement. The Mayor asked if the present equipment that the Fire Department has could handle this type of construction. Jack Hacking, Director of Public Safety Council Meeting October 24, 1972 Page Four stated that the present townhouses could not be reached with present equip- ment. The Manager added that aerial equipment could be placed in the 1974 or 1975 budget. Dick Putnam, Village Planner suggested that the Village could use other communities on these calls. Mr. McCulloch noted that he had a real concern for this type of housing, felt that it was a little intense for the area and not in keeping with the single family type of homes nearby. Don Peterson, Eden Land Corp. replied that the site is almost surrounded by the golf course and that the development is planned close to the core of Edenvale for this type of density. He feels that it is of medium density. Mrs. Meyers questioned how many units would be on the north site and the south site of the project. Richard Schwartz replied that there are 212 units proposed in the north site and 130 in the south. She stated that she felt that the parking sites on both north and south were offensive. Mr. Schwartz replied that they had tried to face all of the units to the golf course with parking units in the center with trees and berms to break up the expanse. Mrs. Meyers asked if each unit would have an inside parking space and Mr. Schwartz said that they would. Mr. Nesbitt asked about estimated rental rates. Mr. Schwartz said that the units would rent from $18 5 to $200 for 1 bedroom, $225 to $250 for 2 bedroom and up to $300 for three bedroom. Mr. Nesbi tt asked where construction. woul d start, Mr . Schwartz replied that it would be in Phase I in the south site. Mr. Putnam stated that he thought it was a well done project for this site and that Edenvale was providing a wide range of types of rental units. Wolf Penzel , Barberry Lane questioned if the north and south sites could be. separated for approval . Mr. Nesbitt replied that when the PUD was accepted, both sites were approved. The Village Manager stated that he had most with both Edenvale and The Preserve in regard to their PUD's and discussed the question of density and open space. He stated that they must have the density in order to develop with the open space requested by the Village, Mrs. Meyers requested time to be able to study the shopping center area, Mr. McCulloch stated that he would like to go over the site. A motion was made by Mrs. Meyers to postpone action on this matter until the November 14th meeting. Mr. McCulloch seconded. All voted aye. Motion carried. III. PETIT IONS, REQUESTS & COMMUNICATIONS A. Crown Auto Stores,Inc. Municipal Industrial Development Bonds. Resolution No. 604 Approving Various Documents. The Manager related that the Village had made application for approval of Municipal Industrial Revenue Bonds with the State of Minnesota, Department of Economic Development for approximately $1, 345,000o He noted that land acquisition and site development in the amount of $185,000, construction contracts for $787,700, equipment acquisition and installation for $169,088 with the remaining for architectural and engineering fees, legal fees, interest during construction, rent reserve and miscellanous are estimated. Council Meeting October 24, 1972 Page Five Construction will begin on or about November 15, 1972 with completion on or about May 15, 1973• The tentative lease term will be 20 years commencing November 1 , 1972 and the tenant will have the option to purchase the project for a nominal value upon expiration of the lease term. The Manager recommended that all points in the guidelines of Resolution No. 596 have been met to his satisfaction. The Village Attorney said that he had received the trust agreement and lease agreement. He then read a letter from Dain, Kalman b Quail , Inc. stating their intention at the appropriate time to submit to the Village their written proposal for the purchase of the bonds. Resolution No. 604 was reviewed by Mr. Perbix in regard to various documents that need to be acted upon. Mr. Redpath stated that had had reservations about the Village' s involvement with Municipal Industrial Development Bonds but that the guidelines in ►2esolution No. 596 were most helpful and that he thought this was a good way to get good industry into Eden Prairie. Mrs. Meyers questioned why these bonds were handled differently, do they have to be offered for sale publicly? Jerome Donndelinger, Dain Kalman replied that the principal and interest are not paid by the Village hence there would be no public sale. There being no further question and/or comments, Mrs. Meyers rr:ade a motion to ar!opt Resolution No. 604 approving various documents in regard to the Crown Auto Stores, Inc. Municipal Industrial Development Bonds. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. B. Petition from C. G. Carter, Robert Naegle, Jr. , John Temant Druce Bermel and Arthur 1). Hyde for +!ater and Seaver Service and Design and Construct- ion of Rincl Route. The Manager reviewed and presented petitions from various land owners in the Ring Route area in regard to sewer and water service and design and constr- uction in the Ring Route. Mayor Redpath questioned how firm a committment The Preserve has with Hanart. Mr. Carter replied that they must have zoning, water and sewer and road accesses. He stated that The Preserve and Homart were meeting with the Highway Department on October 31st and the middle of November with the Council and Manager informally. i A motion was made by Mr. Nesbitt to accept the petitions and order an engineering/feasibility study of the Ring Route. Mrs. Meyers seconded. All voted aye. Motion carried. C. Letter from Donald R. neterson President, Eden Land Corporation. Trunk Sewer and Water Assessment for Edenvale. x s A letter from Eden Land Corporation in regard to trunk sewer and water assessments was received and referred to the staff. D. Eden Land Corp. Request for Liquor License for Restaurant in Edenvale. Mr. Don Peterson reviewed their request for a liquor license but will wait until a later meeting when an ordinance is adopted for a formal request. f, Council Meeting October 24, 1972 Page Six F IV. RESOLUTIONS AND ORDINANCES A. Resolution No. 593. Setting Bond Sale Date. A motion was made by Mr. Nesbitt to adopt Resolution No. 593 setting g. November 14, 1972 at 7:30 p.m. for the sale of $2,500,000 in bonds. Mrs. Meyers seconded. All voted aye. Motion carried. D. Higheoint Addition II, The Preserve. Second Reading of Ordinance No. 190. A motion was made by Mrs. Meyers to adopt the second reading of Ordinance No. 19G and order published. Mr. Nesbitt seconded. All voted aye. Motion carried. C. Establishing Charges for Equalizing Trunk Seger and Water System Assessments. Second Reading of Ordinance No. 107. A motion was made by Mrs. Meyers to adopt the second reading of Ordinance No. 187 and order published. Mr. Redpath seconded. All voted aye. Motion carried. V. REPORTS OF OFFICERS, OOARDS AND COMMISSIONS A. Village Manager's Report 1 . Notice of Appeal of_Special Assessments by Suburban Hennepin County Area Vocation-Technical Schools. The Notice of Appeal of Special Assessments was referred to the Village Attorney, Mr. Perbi x. 2. Villa a Council A122roval of Re guest for Department of Public SafetLy Radio Service with Hennepin County. Resolution No. 605. A motion was made by Mr. Nesbitt to adopt Resolution No. 605 authorizing the Mayor and Manager to sign a Police Radio Service Agreement with Hennepin County mobile two-way radio communication units for four automobiles at a charge of $125 for each unit for the year 1973 beginning January 1, 1973 and participate in the mobile teleprinter program. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. 3. Change Order #1 for Lamett i and Sons, Inc. on Section I Sanitary Sewer and llatermain Improvements. - c A motion was made by Mr. Nesbitt to approve Change Order No. 1 , Lametti and Sons, Inc. for Section 1, Sanitary Sewer and Watermain in the amount of $6, 559.72. Mrs. Meyers seconded. On roll call , all voted aye. Motion carried. Councii Meeting October 24, 1972 Page Seven 4. Reply from Minnesota Department of Highways. Request for Westbound Off-Ramp from I-494 to TH 169-2129 Heritage Road and Ilighway #5 Turn Lane and Vo-Tech School Turn Lanes on Highway 169. A letter elated October 5, 1972 from the State of Minnesota, Department of Highways stating that Resolutions No. 575, 577 and 573 in regard to the above requests had been received and reviewed. It will be placed on file. 5. 1973 Village Budget. (1 ) Resolution No. 602 Certifying 1972 Tax Levy Collectable in 1973. A motion was made by Mrs. Meyers to adopt Resolution No. 602 certifying the 1972 Tax Levy collectable in 1973. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. (2) Resolution No. 603 Approving 1973 Annual Budget. A motion was made by Mr. Nesbitt to adopt Resolution No. 603 approving the 1973 annual budget. Mrs. Meyers seconded. On roll tail , all voted aye. Motion carried. 6. Resolution No. 606. Authorize Acguisition of Lands for Water Reservoir Site Either by Purchase or Condemnation. A motion was made by Mrs. Meyers to adopt Resolution No. 606 authorizing acquisition of lands for the dater Reservoir Site. Mr. Nesbitt seconded.. All voted aye. Motion carried. VI. FINANCES A. Payment of Claims No. 1 102ts through 11034. A motion was made by Mrs. Meyers to approve payment of claims 11024 through 11034. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. 1 B. Award of Did. Temporary Office Facilities. A motion was made by Mr. Nesbitt to award the bid for temporary office . facilities to Wickes Homes, Inc., Jordan, Minnesota in the amount of l $10,200, Mr. Re dpath seconded. On roil call , all voted aye. Motion carried. Meeting adjourned at 12:45 a.m. Edna M.Holmgren, C1erl