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City Council - 11/28/1972 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, November 28, 1972 7:30 P.M. , Village Hall Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, Cosmano, McCulloch and Councilwoman Joan Meyers. Also present was Village Manager, Robert P. Heinrich, Village Attorney Keith Simons and Clerk, Edna M. Holmgren. I. MINUTES OF REGULAR MEETING NOVEMBER 14, 1972. A motion was made by Mrs. Meyers to approve the minutes of November 14th with the following correction: Page Four - Village Manager Is Report, Item _3. A motion was made by Mr. Nesbitt to approve Change Order #1 in the amount of $708, etc. With this correction, Mr. Cosmano seconded. All voted aye. Motion carried. PUBLIC HEARING A. Basswoods, The Preserve. Mark Z. Jones. Concept Plan Approval . Prel iminary Plat Approval for Z Akre Site. Resolution No. 611 . Dick Putnam, Village Planner presented and reviewed the Basswoods concept plan. Mr. Dick Schwarz, Architect reviewed the site plan. Mr. Putnam stated that the concept plan had been reviewed by the Park and Recreation Commission with a favorable recommendation. They endorsed the plan which recognizes the woodland character of the site. The Planner noted that the uses proposed on the separate lots are consistant with original Preserve PUD plan but that density proposed of over seven units per acre is in excess of the original PUD approved which was six units per acre. Approval of the Basswoods preliminary plat will allow the platting of the single family lots and streets and alignment of the neighborhood collector streets. Mrs. Meyers questioned the price range of the homes, Mr. Jones replied that they would be somewhat less than comparable in the area. Single family would be estimated at $55,000 up to $60,000. The Manager asked p . Mr. Jones when they plan to start construction, he replied yet this fall if weather permits. Mayor Redpath asked Mr. Putnam if the Planning Commission approved, he replied that they did in their minutes of November 21st with the recommendation that the Basswoods development j stages be consistant with the original Preserve PUD plan. There being no further questions and/or comments, Mr. Cosmano made a 1 motion to close the hearing and approve the Concept Plan for Basswoods consistant with the original Preserve PUD plan as recommendod by the Planning Commission. Mr. Nesbitt seconded. All voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. (W approving the preliminary plat of Basswoods. Mrs. Meyers seconded. All voted aye. Motion carried. Council Meeting November 28, 1972 Page Two III. PETITIONS, REQUESTS 6 COMMUNICATIONS A. Letter from Southwest Sanitary Sewer Advisory Board Dated November 27 1972. The Manager reviewed a letter received from the Southwest Sanitary Sewer Advisory Board in regard to a meeting to be held on December 14th. A resolution adopted by the Village of Roseville in regard to Service Availability Charges will be the subject of discussion. Mr. Redpath requested the Viliage Manager to contact the Chairman in order to change the date so that he might attend. B. Petition from Fliason Builders for Extension of I-later and Sanitary Sewer Lines up Heritage Road to Serve Round Lake Estates First Addition. The Manager reviewed and recommended the petition for utility service to Round Lake Estates. A motion was made by Mr. Nesbitt to instruct the staff to order an engineering study of this petition. Mr. Cosmano seconded. All voted aye. Motion carried. C. Petition from Wallace H. Hustad for Extension of Sewer and Water M Utilities to Pioneer Trail in South 1 2 of NE 1 Z of Section 26. D. Petition from Wallace H. Hustad for Extension of Sewer and Water Util ities to Pioneer Trail in NW i of N14 )A--of Section 26. E. Petition from Wallace H. Hustad for Extension of Sewer and Water Utilities to Franlo Road and County Road 1d in NE 1 4 of Section 25. E. 0 ) Petition from H. F. Hustad for Extension of Sewer and Water Utilities on County Road 19 in Section 25. Bill Bonner, Hustad Realty presented and reviewed plans for development in the area of Homeward Hills Road, Creek Knolls south of The Preserve on Franlo Road. Mrs. Meyers stated that she felt that plans should be presented before engineering studies are ordered in. Mr. Bonner stated that these three areas are near to existing utilities and could be extended. Mr. Cosmano questioned if the developer would be charged for this, the Manager stated that it would be added to the cost at a later date. There being no further discussion, Mrs. Meyers made a motion to receive and file the petitions for utilities by the Hustads. Mr. McCui loch seconded. All voted aye. Motion carried. F. Request of lienneein County for Approval of Layouts for CSAH 62. I-44toCSAH61 , 1 . Project 6839,` Layout 56, �� - 2. Pr_ o iect 6312. Layot:t 7/?, CSAH 4 to I-494. F The Manager reviewed the CrAsstown Highway Alignment# the resolution Council Meeting November 28, 1972 it Page Three that had been passed by both Minnetonka and Eden prairie favoring a southerly route from Shady Oak Road to Interstate 494. This was cone in an effort to preserve the natural beauty of the Rowland Road Valley along Nine Mile Creek. Since this time, the Village has moved to acquire ail of the land along Nine Mile Creek lying west of Rowland Road. A LAWCON grant application has been filed and funding approval is anticipated. He further stated that Minnetonka has not met the terms of the resolution with a concrete commitment taking action to preserve the valley. A gravel pit operation continues in the area. Mr. Heinrich then stated that the park & Recreation Commission had passed a resolution recommending to the Council that they reconsider their action in Resol tion No. 438 savoring the southern alignment of the Crosstown Highway. They questioned whether the Crosstown is essential or is there another possible alternative, if it is essential , then a north boundary of Eden "rairie or one further north into Minnetonka be proposed. Mr. Putnam then presented and reviewed a series of slides of the affected area. A resident in the area questioned as to the need at this time for the project. Mr. Herzog, Highway Department stated that they have to consider the whole transportation system in the area, not just Eden Prairie. Mrs. Meyers questioned the time schedule, Mr. Herzog replied that work wou i d begin sometime in 1974. Mrs. Ernest Larson, Rowland Road compl a i nec' that the Highway Department had cut trees on their property without their permission relative to survey work. She also stated that k the residents should be notified when the discussions are held relative to this project. The Mayor stated that this would be done in the future and that the cutting of their trees would be looked into. A motion was made by Mrs. Meyers to accept the information, . instruct the Manager and staff to contact the City of Minnetonka in regard to their plans and continue the matter to a later meeting for action. Mr. Nesbitt seconded. All voted aye. Motion carried. I J. RESOLUTIONS AND ORDINANCES A. Tree Diseases Ordinance No. 186. First Reading. Mr. Art Lee, Director of Public Works reviewed questions in a letter dated November 17th to Mr. Joe Helgevold, Hennepin County Public Works from Marty Jessen. Would Hennepin County reimburse Eden Prairie for expenses incurred because of this operation, Mr. Lee replied that he was not sure, how do you control , he asked? The Manager stated that he felt that the County could enforce control at the site with some coopera- tion from the Pollution Control Agency to burn diseased trees in large infested areas. . Marty Jessen noted that the most critical time was May and June. Mrs. Meyers suggested that perhaps the County could operate on not more storage than 10 days and nothing stockpiled after May 1st until fall . Mr. Heinrich suggested that perhaps the cut trees could be treated before hauling into Eden Prairie and ordinances adopted by all communities using the facilities. Mayor Redpath also was concerned about hauling diseased trees through the Village to the landfill and felt that treating might be the answer. Council Meeting November 23, 1972 Page Four Mr. Jessen was requested to get copies of tree disease ordinances from other communities and more detailed information from Hennepin County. Mr. Lee requested that the Council give permission to the County to grade at the landfill site in order to bring in the chipping machine at a later date. A motion was made by Mr, Nesbitt to grant this permission. Mr. Redpath seconded. Ali voted aye. Motion carried. S. Shadow Green, Mark Z. Jones. Ordinance No. 192. Second Readinq. Rezone from District Rural to RM 2. 5. A motion was made by Mr. Nesbit to adopt the second reading of Ordinance 7 No. 10.2 and order published. Mr. Cosmano seconded. All voted aye. Motion carried. C. Siladow Greens Mark Z. Jones. Ordinance No. 194. Second Reading. Re-one from District Rural to C-Corrmerci al . A motion was made by Mr. Cosmano to adopt the second reading of Ordinance No. 194 and order published. Mr. Nesbitt seconded. Messrs Redpath, Cosmano, McCulloch and Nesbitt voted aye. Mrs. Meyers voted no. Motion carried. Ordinance No 19S Rr. ealin Ordinance No. 167,tCreating Escrow (}. _� p q q Account for Construction of Sanitary Sewer Laterals. A motion was made by Mr. Nesbitt to adopt the first reading of Ordinance No. 195. Mr. McCulloch seconded. Al voted aye. Motion carried. V. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Mayor's Report: 1 . Appointments of John Lovas and James Flavin to the CATV Citizen Advisory Committee. A motion was made by Mr. Nesbitt to approve the Mayor's appointment of John Lovas and James Flavin to the CATV Citizen Advisory Committee. Mr. Cosmano seconded. All voted aye. Motion carried. S. Director of Parks & Recreation Reports: 1 . Holasek Property Option. Marty Jessen reviewed and recommended an option extension on the Hol asek property at Bryant Lake. Federal LA14CON approval has not been received for this project and not anticipated for at least 3 to 4 months he related. lie stated that things were going slow in Washington due to request for resignations by the President following the election. The Bureau of Outdoor Recreation has requested an Environmental Impact State- ment and the time scheduie for approval has been set back by at least the 3 to 4 months previously mentioned. The Holaseks have both agreed Council Meeting November 28, 1972 Page Five to extend the Village's option until July 1 , 1973 with no additional option money. The cost of buying wi l l be increased by about 2%, the amount of real estate taxes payable in 1973 (est. $23,000). This amount will be added to the project cost and fund cost sharing sought. The Council suggested that perhaps some help could be obtained from governmental people to speed this approval along. Mr. Jessen was re- quested to draft letters for the Mayor to sign. A motion was made by Mrs. Meyers to approve extension of the option on the liolasek property at Bryant Lake to July 1 , 1973• Mr. Cosmano seconded. All voted aye. Motion carried. 2. Mike Gorra Property -And-arson Lake LA14CON Grant Application. Marty Jessen reviewed the proposed Mike Gorra property purchase on Anderson Lakes. He related that the Village had submitted a LAWCON continguency application for the Anderson Lakes Park site. Final action has not been taken by the Federal Bureau of Outdoor Recreation, thus Eden Prairie cannot yet acquire this land and still be eligible for fund assistance (possibly 50% Federal and 50% State). A waiver of retroactivity from the Federal Bureau of Outdoor Recreation has been sought so that the Village can start condemnation proceedings on this parcel . He further stated that attempts to negotiate a price for this property have failed. Mr . Gorra has asked $9,500/Acre plus $75,000 for the house or $8,500/Acre, $75,000 for the house plus 5 years free occupancy. Mr. Jessen stated that he felt this unreasonable in sight of an appraisal of $7,000/Acre for the land and $65,000 for the house. 4 A motion was made by Mr. Cosmano to authorize condemnation of the Gorra property upon receipt of appropriate authorization from the Federal Bureau of Outdoor Recreation. Mr. McCulloch seconded. Messrs Cosmano, Redpath and McCulloch voted aye. Mr. Nesbitt and Mrs. Meyers I voted no. Motion carried. i C. Manager Reports: J X 1 . Request Authorization to Purchase Gas Chlorinator and Booster Pump in the Amount of $1.M. A motion was made by Mr. Nesbitt to authorize purchase of a gas chlorinator and booster pump in the amount of $1 ,095. Mrs. Meyers j seconded. On roll call , all voted aye. Motion carried. 2. Change Order #3 for Lametti & Sons puck Lake Area Pro 'ect in the Amount of 5 , 12l . . A motion was made by Mr. Nesbitt to authorize Change Order #3 for Lametti & Sons in the amount of $36,12) . Mrs. Meyers seconded. On roll call , all voted aye. Motion carried. F Council Meeting November 28, 1972 Page Six 3. Change Order #3, Baker-Mitchell Road Improvement Establishing- Unit Prides for Change in Storm Sewer Design. A motion was made by Mr. Cosmano authorizing Change Order #2 in the amount of $350. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. VI. FINANCES A. Payment of Claims 11209 through 11220. A motion was made by Mr. Nesbitt to approve ci a iras 11209 through 11220 for payment. Mrs. Meyers seconded. On roll call , all voted aye. Motion carried. Meeting adjourned at 1 1 :25 P.M. Edna M. Hoi ren, Cier i l I i i { r I