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City Council - 11/14/1972 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, November 14, 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 Vi11age Manager, Robert P. Heinrich; Village Attorney, W. Harlan Perbix and Clerk, Edna M. Holmgren. I. BID OPENING: SALE Of $2,500,000 GENERAL. OBLIGATION WATER AND SEWER BONDS Three sealed bids were received and opened, Banc Northwest for $2,468, 125. net price, 5.0921 net interest rate, Juran & Moody, Inc., net price $2,456,450, net interest cost 5.1571 and Piper, Jaffray & Hopwood, Inc. net price, $2,459,250, net interest cost 5.1704. Bob Chlers, Ehlers & Associates, Village Fiscal Agent and Finance Director, John Frane retired to evaluate the bid tabulation. II. MINUTES OF REGULAR MEETING OCTOBER 24, 1972 AMD SPECIAL MEETING ON NOVEMBER 9. 1972. A motion was made by Mrs. Meyers to approve the minutes of October 24th with the following correction: Page Eight. Item B. Award of Bid. A motion was made by Mr. Nesbitt to award the bid for, etc. With this addition, Mr. Nesbitt seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to approve the minutes of a Special Meeting held on November 9th canvassing the Village Election Returns. Mr. McCulloch seconded. All voted aye. Motion carried. III. PUBLIC HEARINGS a A. Shadow Green. Edenvzi e. Mark Z. Jones. Dick Putnam, Planner and Mr. Jones and Schwartz again reviewed the north # and south sites in the Shadow Green project. Mrs. Meyers questioned what the treatment would be on the north site where single family homes join the development. Mr. Peterson, Eden Land Corp. stated that a buffer area of greens would be provided. Mr. McCulloch questioned how many net acres were in the north site, Mr. Peterson replied that there were 12.58 net acres. d Mr. Cosmano questioned graduated density rather than more open space. Mayor Redpath asked about the time schedule; if the south site is to be developed s first, would it be possible that the single family lots on the north of the north site might not be built upon first. Mr. Peterson said that it could be but treatment of the site would still be handled as planned. Mr. Nesbitt { questioned Mr. Jones as to how long he would own these buildings in the two L projects. tie stated that he planned on at least 10 years ownership. Mr. Nesbitt said that he felt that unless there is good maintenance the project wou i d soon look shabby. Lie then questioned the Manager if the Village could f have any control over this; the Manager replied that they could �oy adopting an ordinance demanding inspections on single as weil as multiple dwellings. Council Meeting November 14, 1972 Page Two Mrs. Meyers questioned whether the Council was voting on the whole project at this time, the Manager replied that they were. She noted that she had discussed the Convenience Center with both Mr. Putnam and Mr. Peterson and she was stilt not convinced that it was a good project. She then read a list of her thoughts and ideas in a short review. Mr. Peterson stated that x he felt that it is a major intersection with a good controlled entrance. He stated further that the only other use would be another apartment complex but felt that this was a much better use of the property. He also felt that the pedestrian paths coming from King 's Forest and Forest Knolls would serve this center well . Mr. McCulloch said that lie still felt that the Village does not have adequate fire protection equipment to serve this project and wouid not have for a couple of years. Mr. Peterson noted that requirements for fire protection in the buildings had been upgraded. There being no further questions and/or comments, Mr. Cosmano closed the hearing and made a motion to rezone the north and south sites of Shadow Green from District Rural to RM 2.5. Mr. Nesbitt seconded. Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Motion carr i ed. A motion was made by Mr. Cosmano to rezone the Convenience Center from District Rural to C-Commercial . Mr. Nesbitt seconded. Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Motion carried. A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 192 rezoning the north and south sites of Shadow Green and the first reading of Ordinance No. 194 rezoning the Convenience Center. Mr. Cosmano seconded. Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Motion carried. A motion was made by Mr. Cosmano to adopt Resolution No. 607 approving Preliminary Plat of Shadow Green. Mr. Nesbitt seconded. On roll call , Messrs Redpath, Nesbitt, McCulloch and Cosmano voted aye. Mrs. Meyers voted no. Motion carried. IV. PETITIONS, REQUESTS 1s COMMUNICATIONS A. Letter from Howard, Needles, Tammen & Dergendoff. Set Meeting Date. A motion was made by Mr. Nesbitt to set November 20th for a meeting date with the Council , Planning Commission, Park and Recreation Commission with Howard, Needles, etas at 7 p.m. at Village Hall . Mr. Cosmano seconded. All voted aye. Motion carried. S. Letter from G. M. Carter, Jr., Concerning Issurance of Liquor License Requested by The Preserve, C. Letter from Donald R.PPeterson Urging_Adoetion of Liquor Control _ Ordinance and Issuance of Liquor License. A motion was made by Mrs. Meyers to receive and file a letter from The Preserve dated November Sth and one from Eden Land Corp. dated November Sth. Mr. Cosmano seconded. All voted aye. Motion carried. Counci 1 Mee'ting November 14, 1972 Page Three D. Letter from G. M. Carter, Jr. RequestinSL Extension of Trunk Sewer to Property 'South of Amsden Road 'and West of Courts Road E. Letter from Robert W. Hanson Concerning Sewer and hater Service to Rosemount, Inc. Letters from T. M. Carter, Jr. and Robert W. Hanson requesting utilities were received and filed. fi F. Duck Lake Area Utilities. A petition was presented by Jeffrey K. Sundell , Boyd Avenue in regard to requests to the contractor for completion of work in the Duck Lake area. Dave Husby, Rieke Caroll Muller and Associates, consultants on the project reviewed the problems that have been encountered in installing these utilities. He related that work would be completed by December 1st, the contracted date. All of the pipe would be in the ground and blacktopping would be completed on all roads. The Manager said that approximately SOM yards of rock had been hauled into the difficult areas adding several thousand dollars to the cost. V. RESOLUTIONS AND ORDINANCES ,. A. Resolution No. 608 Authorizing Sale of $2,500,000 G.O. Water and Sever Bonds. Upon Robert Ehler's recommendation, a motion was made by Mr. Nesbitt to adopt Resolution No. 608 authorizing the sale of $2, 500,000 G.O. Water and Sewer Bonds to Banc Northwest for $2,460, i25 net price, 5.0921 net interest rate. Mrs. Meyers seconded. On roll call , all voted aye. Motion carried. B. Ordinance No. 186. Tree Diseases Ordinance. First Reading. Marty Jessen, Director of Parks & Recreation reviewed the proposed Tree Disease Ordinance which provides the Village with the safeguards and pro- cedures for an effective program of tree maintenance in Eden Prairie. Mr. Nesbitt and Mayor Redpath both still question the advisability of trans- porting diseased trees within the Village to the landfill . Mr. Wesbitt feels that the Pollution Control Agency should be consulted in regard to getting permission to burn diseased trees. The Council requested the Manager to make formal request to the PCA in regard to this matter. The first reading of Ordinance No. 186 was postponed to the November lath meeting. C. Ordinance No. 182- Second Readig Edenvale 5th Addition. Reclassification from District Rural to District RM 6.5. A motion was made by Mr. McCulloch adopting the second reading of Ordinance No. 109 and order published. Mr. Cosmano seconded. All voted eye-unanimous- ly. -Motion carried. Council Meeting November 14, 1972 Page Four D. Ordinance No. 191 . Second Reading. Reclassification of Hirsch Development Corp., The Preserve from District Rural to District RM 2. 5. A motion was made by Mr. Nesbitt adopting the second reading of Ordinance No. 191 and order published. Mrs. Meyers seconded. All voted aye unanimous- ly. Motion carried. VI. REPORTS OF OFFICERS BOARDS AND COMMISSIONS, A. Village Manager' s Report: 1 . Request of Hennepin County Highway Department for Plat Approval County Road 62 and Shady Oat: Road. Resol uti on'No. 609. The Manager reviewed the request by the Hennepin County llighway Department for plat approval of purchased land for the construction of Crosstown Highway (No. 62) which is remaining after the Crosstown was completed. A motion was made by Mrs. Meyers to adopt Resolution No. 609, plat approval for Tract A, RL S. Mr, Nesbitt seconded. All voted aye. Motion carried. 2. Final Plat A p,roval . Atherton 1st Addition, New Town. Resolution R 10. - A motion was made by Mr. Nesbitt to adopt Resolution No. 610, Final Plat approval for Atherton 1st Addition, New Town. Mr. Cosmano seconded. All voted aye. Motion carried. 3. Change Order #1 . Brovin-Minneapolis Tank & Fabricating Co. Section I, baker Road Reservoir Sanitary dater Improvement. A motion was made by Mr. Nesbitt to approve Change Order #1 in the amount of $708. to provide a safety cage on the outside reservoir ladder and metal platform and balcony rail around the platform as a result of the new Federal Occupational Safety b Health Act. Mrs. Meyers seconded. On roll call , all voted aye. Motion carried. 4. Change Order #3. Minn-Kota, Section D Sanitary .-Sewer Improvements. l A motion was made by Mr. Cosmano to approve Change Order #3, Minn-Kota Section 0 in the amount of $11,004.62. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. M 5. Change Order #IV-7. Orfei S Sons, Inc. , ToQview Sanitary Sewer and 'Dater Improvements. This item was postponed until the November 20th meeting. 6. Change Order #1. McDonald & Associates, Inc;. , 14TR 71 -8-29 Trunk Water Mains. A motion was made by Mrs. Meyers to approve Change Order #1, McDonald & Associates, Inc. for trunk water mains UTR 71 -8-299 Mr. Cosmano seconded. On roil call , 611 voted aye. Motion carried. «q �qq 7 Council Meeting November 14, 1972 Page Five 7. ?hase II Joint School/Village School Site Study. Donald Rippel. A motion was made by Mrs. Meyers to approve Phase II School Site Study with Donald Rippel in the amount of $2,500 to be equally shared by the Village and School District. Mr. Cosmano seconded. On roll call, all voted aye. Motion carried. B. Village Attorney's Report: a 1 . Report of Semrad-Eggan vs. Village of Eden Prairie Court Case. 11arlan "erbix, Village Attorney reported that the District Court had ruled that Ordinance No. 167 and a portion of Resolution No. 425 that pertains to escrow deposits in the amount of $1 ,000 for on site systems not now being served by utilities was unconstitutional . He recommended that collections already made should be repaid and that no more be collected. He also recommended that the Village does not appeal . A motion was made by Mr. Nesbitt to accept the Village Attorney's reco+mten- dat ion. Mr. Cosmano seconded. All voted aye. Motion carried. 2. Report of dater Reservoir Site Land Acquisition. Mr. Perbix reported that he had been in contact with the attorney for Standard Oil Co. and that it appeared favorable that land acquisition can be made through normal procedures rather than condemnation. He stated that he shouid�have another report for the Council in a couple of weeks. C. Village Clerk's Report: 1 . Village Clerk's Recommended License Application List Dated Klovernber 14, 1972. A motion was made by Mr. Nesbitt to approve License Applications as follows: GAS FITTER Dependable Plumbing, Inc. - Loren L. Brown Mill City Heating S Air Conditioning Co. - Wm. H. Stevenson S E!/E R Morris Plumbing €, fleeting, Inc. - Daniel R. Morris !►est Suburban Utility Construction - Jack 0. Van Remortel Mr. Cosmano seconded. All voted aye. Motion carried. 0 Director of Parks & Recreation Reports: 1 . Holasek -Option Extension. A motion was made by Mrs. Meyers to extend the optioh on the f]olasek prop- erty until the •LAWCOM application is approved through December 1, 1972 with no additional Cost and place on the agenda of Novemb'r 20th exercising the option. Mr. Cosmano seconded. All voted aye. Motion carried. ' Council Meeting November lit, 1972 Page Six 2. Les Cl acklock Property, Anderson Lakes for Park Purposes. Taking of Option. Marty Jessen, nark & Recreation Director reviewed the Les Blacklock prop- erty on Anderson Lakes. It is located south of the North Anderson Lake off of Timber Trail on approximately i5 acres of rolling wooded land with approx- imately 3,000 feet of lakeshore. It is proposed to be used as public open space, a part of the 300 acre major community park site at the Anderson Lakes. The appraised value is .582,080 for 13.68 acres of land. Mr. Nesbitt stated that he felt that the appraisal was too high and chat perhaps another should be taken. A motion was made by Mr. Cosmano to take an option in the amount of $1 ,000 on the Les Glackiock Property extending to March 15, 1973• Mr. Redpath seconded. On roll call , Messrs Redpath and Cosmano and Mrs. Meyers voted aye. Mr. McCulloch and Mr. Nesbitt voted no. Motion carried. 3. Mayne Grown Property, Anderson Lakes for Park Purposes. Takinq of Option. Marty Jessen, Park & Recreation Director reviewed the Mayne Brown property on Anderson Lakes. It is located east of South Anderson Lake along County Road 10 on approximately 7.5 acres of gently rolling, partial wooded land with 1 ,230 feet of frontage on County Road 10. The area includes the house, garage and barn. It is proposed to be used as public open space, a part of the 300 acre major community park site at the Anderson Lakes. The appraised value is $90,550 for 7.5 acres and improvements. Mrs. Meyers made a motion to take an option on the Wayne Brown property in the amount of $5,000 to extend to January 5, 1973. Mr. Cosmano seconded. On roll call , Messrs Redpath and Cosmano and Mrs. Meyers voted aye. Mr. McCulloch and Mr. Nesbitt voted no. Motion carried. e a VII. FINANCES A. Cash and Investment Report. A motion was made by Mr. Nesbitt to accept the Cash & Investment Report dated November 14, 1972. Mr. Cosmano seconded. All voted aye. Motion carried. i 0. Payment of Claims. A motion was made by Mrs. Meyers to approve claims 11035 through 11209 for payment. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. / Meeting adjourned at 12:35 a. m. Edna M. Holmgren, CleA