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City Council - 12/12/1972 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, December 12, 1972 7: 30 P.M. , Village Hall members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, Cosmano and McCulloch and Councilwoman Joan Meyers. Also present was Village Manager, Robert P. Heinrich, Village Attorney W. Harlan Perbix and Clerk, Edna M. Holmgren. I. MINUTES OF REGULAR FETING HELD NOVEMBER 28, 1972. A motion was made by Mrs. Meyers to approve the minutes of November 28th as published. Yx. Cosmano seconded. All voted aye. Motion carried. II. PUBLIC HEARINGS A. Ecklund 8--Swedlund, P.U.D. - Hidden Ponds - Resolution No. 617. Reclassification Rural District to Rl 13.5 - Ordinance No. 196, First Reading. Prelimingza Plat Approval - Resolution No. 613. The Village Manager reviewed the proposed Ecklund & Swedlund Hidden Ponds Development. It is proposed for 150 acres of land to be dev- eloped as public open space, quasi-public open space, Rl 1.3.5 single family lots. Preliminary Plat approval is being requested for the 1st Addition yet this year, plans for the 2nd addition are for next ` spring and the 3rd addition sometime during the summer of 1973. Mr. Heinrich then reviewed page 4 of the Planning Staff Report dated December 5, 1972. The overall concept plan indicates agreement with the uses proposed and the idea, of preservation of the lowland wooded areas. Approval of the concept plan does not approve the exact align- ment of streets nor the platting of lots. These alignments will be determined as each phase is developed. The lst Phase, 43.7 acres in area does respond to the changes requested by the Park & Recreation Commission and the Planning Staff. The 60 foot right-of-way along the southerly boundary of the lst Phase will be utilized for the extension of Valley View Road for a proposed east/west collector street. Likewise, the platting of Outlot 3 leaves the opportunity for alignment if necessary of the north/south street in the future. It is anticipated that most of the lots would utilize Duck Lake Trail. Tile construction of three ponds indicated and public quasi-public trails will be at the developer' s expense. He noted that many of the lots are on cul-de-sac streets and the lots not on cul-de-sac streets are on curved streets of short length. Dick Knutson, McCombs-Knutson Associates also reviewed the plat plans for the Council. He stated that Ecklund & Swedlund was Jujt requesting preliminary plat approval at this time in order to get financial backing instigated. Mrs. Meyers questioned the street opening .,on buck Lake Trail instead of on the 'o " east/.west collector. Mr. Staedlund replied that the route was an unlmoim factor as of riow and that he felt that Phase I would not create a traffic problem. Mr. McCulloch questioned where the utilit- ies would connect, Mr. Heinrich stated that it would not create a problem, that they would come from Duck Lake Trail. Mr. Loren Irvine, Lotus View Drive stated that he was concerned about plans :for utilit- ies in Phase III of Hidden Ponds. lie stated that he had purchased property in the area and needed an answer. The Manager stated that Council Meeting December 12, 1972 Page Two there were no plans for the area but that a special meeting was being held on December 18th to discuss the whole Huck Lake Area and utility Plans would be taken into consideration on land use plans for the r entire area. 1%2r. Irvine also stated that he was concerned about trail systems through his property. The Manager replied that no final plans had been rude and that this would be another item discussed at this area wide meeting on the 18th. Mrs. Meyers questioned what were the plans beyond a dead end street in Phase I. Mr. Knutson replied that they had been requested by the Village Planner to lay out the general area in September and that it had been done. The Manager stated that he will get a report to the Council on sewer and water projections at their December 26th meeting. The Manager informed the Council that the Planning & Zoning and Park & Recreation Commissions had approved the PUD with pending amendments in regard to Village road alignments and park areas. 'There being no further questions and/or comments Mr. Nesbitt made a motion to close the hearing and adopt Resolution No. 617 approving the Hidden Ponds PUD Concept Plan with pending amendments. Mr. McCulloch seconded. All voted aye. Motion carried. A motion was made by Mr. Cosmano to adopt the first reading of Ord- finance No. 196 reclassifying from Rural District to R1 13.5 pending recommended changes from the Planning & Zoning Commission. Mr. Nesbitt C seconded. All voted aye. Motion carried. A motion was made by Mr. Cosmano to adopt Resolution No. 613 approving the Preliminary Plat of Hidden Ponds, Phase I with Planning and Zon- ing Commission option to� amend after the December 18th meeting with residents. Mr. Nesbitt seconded. All voted aye. Motion carried. B. Edenvale 4th Addition. Preliminary Plat Approval, Resolution No. �1 . Don Peterson presented and reviewed the request for preliminary plat approval of Edenvale 4th Addition. This plat is for land east of Valley View/Mitchell Roads intersection of 56-62 acres encompassing four land uses; C-Comm-Community 'Commercial; M3 - Multiple Residen- tial at a maximum density of 22.6 on 23.18 acres; public parkland on Outlot A, 2.34 acres; Outlot B portions of which are public parkway along Purgatory Creek and the remainder near Mitchell Road is C-Comm. and the rights-of-way for Valley View and Mitchell Road. Outlot B along Purgatory Creek will be divided into two lots; the westerly lot along Mitchell Road would have access from Mitchell near the Creek and is being considered for a dental medical Wilding and the #eastern part of 4utlot. B would be open space. from! the' Creep .tq Lot_,1. boundary. After discussion with Mr. Peterson and the Council, Mr. Nesbitt made a motion to close 'the hearing land adopt Resolution No.* 618 approving the preliminary plat of Edenvale 4th Addition. Mrs. Meyers seconded. IL11 voted aye. Motion carried. Council Meeting December 12, 1972 Page Three III. PETITIONS, RE-QVESTS & COMMUNICATIONS A. Request of Minnesota Department of Highways for Sewer and Water Service to Proposed Minnesota Maintenance StorgZe Building. A motion was made by Mir. Nesbitt to receive and file the request for sewer and water utilities to the proposed Minnesota Maintenance Stor- age Building. Mr. Cosmano seconded. All voted aye. Motion carried. B. Letter from hinnesota State Planning Agency, Office of Local C: Urban Affairs, Concerning LA19CON Application - Bryant Lake Park. C. Letter from Minnesota State Planning Agency, Office of Local &. Urban Affairs, Concerning LAWCON Application - Staring Lake Park, Phase IV. A motion was made by Mr. Nesbitt to receive and place on file, letters dated November 30th and December 1st from the Office of Local & Urban Affais in regard to LAWCON applications for Bryant Lake Park and Staring Lake Park. Mir. Cosmano seconded. All voted aye. motion carried. IV. RESOLUTIONS AND ORDINANCES A. Creating Department of Public Safety, Ordinance No. 197. f First Reading. A motion was made by Mr. McCulloch to adopt the first reading of Ordinance No. 197. Mars. Meyers seconded. All voted aye. Motion carried. B. Resolution No. 614. Approving Nutual Aid Agreement for Police Assistance. { 1. A motion was made by Ih . Nesbitt to adopt Resolution No. 614 approving Mutual Aid for Police Assistance authorizing the Mayor s and Manager to sign the agreement. Mr. Cosmano seeonded. All voted aye. Motion carried. 2. A motion was made b Mr. Nesbitt that the Village designate Y � the Village Manager and the Director of Public Safety as responding and requesting officials with regard to Resolution No. 614. Mr. Cosmano seconded. All voted aye. Motion carried, y C. Resolution No. 615. Authorizing the Acquisition, Construction and Leasing of a Project Under the Minnesota Munfeina.l Industrial Development Aft qnd the -Sale and rssuance' of -Industrial Develop- ment Revenue Bonds to Finance the Project, Secured by a 'Pledge and Assignment of the Revenues Thereof and a Mortgage of the Project to a Trustee. A motion was made by Mx% McCulloch to adopt Resolution No. 615. Mrs. Meyers seconded. On roll call, all voted aye.- Motion ciaxrled. Co,-xncil Meeting December 12, 1972 Page Four D. Ordinance No. 178. Second Reading. Landsca_ Ze Ordinance. A motion was made by Mrs. N:eyers to adopt the second reading of Ordinance No. 173 and order published with the following correction: Section I (c) The provision of this section shall apply to all r zoning districts vith the exception of R1 single family. y With this correction, Mr. Cosmano seconded. All voted aye. Motion s carried. E. Ordinance No. 1.95. Second Reading. Repealing Ordinance No. 167. Creating an Escrow Account for Construction of Sanitary Setaer Laterals. A motion was made by Nor. Cosmano to adopt the second reading of Ordinance No. 195 and order published. Mrs. Meyers seconded. All voted aye. Motion carried. F. Ordinance No. 198. First Reading. Regulating and Licensing Scavengers, Requiring Permits and Imposing Penalty. A motion was made by Mrs. Meyers to adopt the first reading of Ordinance No. 198 as corrected. Mr. McCulloch seconded. All voted aye. Motion carried. G. Ordinance No. 199. First Reading. Amending Ordinance No. 34, Individual Sewage Systems and Installers. A motion was made by Mrs. Meyers to adopt the first reading of Ordinance No. 199 as amended. Mr. Nesbitt seconded. All voted aye. Motion carried. H. Ordinance No. 200. First Reading. Amending Ordinance No. 156, Licensing Contractors of 1 and 2 Family Ihfellings. A motion was made-by Air. Cosmano to adopt the first reading of (Ardinance No. 200 frith amendments. Mrs. Meyers seconded: All voted Aye. Motion carried. I. Ordinance No. 201, First Reading. AmendiEZ Ordinance No. 157. Water Softening and Filtering. A motion was made by Mrs. Meyers to adopt the first reacting of Ordinance No. 201 as amended. Mr. Nesbitt seconded. All voted aye. Motion carried. Or3inances No. 198, 199, 200 and 201 are being amended'by the Village Attorney for second readings on December 26th. Council meeting December 12, 1972 Page rive V. REPORTS OF OFFICERS, BOARDS AND COMM1ISSIONS A. Mayor's Report 1. Notice of December Dimmer Meeting, Hennepin County League of Iviunici_palitites with State Legislators on December 14, 1972. The Mayor discussed the meeting scheduled for December 14th. B. Clerk's Re-port 1. Village Clerk' s recommended License Application List Dated December 12, 1E2. A motion was made by Mr. Nesbitt to approve the license application list dated December 12th as follows: PLUMBING 1, 72/73 D.L.B. Plumbing Co. - David L. Bromley National Plumbing & Beating Corp. - Frank Hochstien Key Plumbing, Inc. - David L. Farr Vildnb Ple-chanical. A. A. Wendel Robert's Plumbing - Robert J. Statt CIGARETTE 1973 ' Gummow Vending.Co. - Cedar Hills Golf - William C. Gummow x t COMERCIAL I{ENNEL 1973 Kingdale Kennels, Inc. - Jerry Carnes PRIVATE KE M 1973 Clayton W. Brace, 9140 W. Staring Lane BEER OFF SALE & CIGARETTE 1973 Eden Prairie Grocery - Haalwn J. Nyhemmer 1 BEER ON W- OFF SALE 1973 Eden Prairie Legion Assoc. - Cedric L. Warren BEER ON R. OFF SAID g. CIGARETTES 1973 Dutch' s Resort - Kenneth Schaitberger ScIuaidt' s Produce - A. F. Schmidt The Wye Cafe - Jesse J. Schwartz Donn & Margies - Donn F. Schmidel Lyons Tap •- Sears Lyons BEER ON 1973 Olympic Hills Golf - Donald J. McGlynn 11 s. Meyers seconded. All voted aye. Motion. carried. A Council Meeting w' 4 December 12, 1972 # Page Six a C. Nanagert J 1\e ol.or ti^J 1. Authorize Contract frith Iioward, Needles, Tarrmen Berg endoff -to Design Major Center Ring Route from Highway 5 Southerly and Then Northeasterly_ to Highway 1692 4 The Manager asked that this matter be tabled to the December 26th meeting. { 2. Change Order yt. Peter Lametti Construction Co. Sewer and Watermain Improvements Along Westgate Boy.ilevGrd. /! motion was made by Nn s. i,ieyers to approve Chafe Order '% for Peter Lametti Construction Co. in the amount of $4,683.11. Mr. Cosmano seconded. On roll call, all voted aye. Motion carried. 3. Change Order ,Ill. Lametti w Sons. Mitchell Heights Sub- Trunk Sanitary Set-Ter. Pile Dents to be Installed as Per Request of Metropolitan Sewer Board. A motion was made by Mr. Cosmano to approve Change Order 4:1, Lametti &. Sons in the amount of $880. Mrs. Meyers seconded. On roll call, all voted acre. Motion carried. 4. Change Order Jet. McCrossan, Inc. Mitchell--Baker Road Improvement. Install Storm Sewer Pine as Per Request of Eden Land Corporation. A motion was made by Mrs. Meyers to approve Change Order JA1, C. S. McCrossan in the amount of $1,427. W. Nesbitt seconded. On roll call, all voted aye. Motion carried. 5. Change Order 1M. Northern Contracting Co. Ning Mile One Trunk Sanitary Sewer. Topsoil and Seed on South Slope of I7. th Street North of Forest Hills School. A motion Bras made by Mr. :,IcCulloch to table this item until the December 26th meeting. Mr. Nesbitt seconded. All voted eye. Motion carried. 6. Change Order r7. Orfei & Sons. Top_view Sanitary Sewer and. Watermain (Lateral) , Changes in Sewer and Water Service Size and Location as per- Request of Howsra Kaen-rer, Resident. This item was tabled until the December 26tYi meetir for more information. 4 Council Iieeting December 12, 1972 Page Six C. Manager's Re•aorts 1. Authorize Contract with Howard, Needles, Tarn en £ Bergendoff to Design Major Center Ring Route from Highway 5 Southerly, and Then Northeasterly to Highway 169. The Manager asked that this matter be tabled to the December 26th meeting. 2. Change Order ,{l. Peter Lametti Construction Co. Sewer and Watermain Improvements Along Westgate Boulevard. A motion was made by N,rs. Heyers to approve Change Order 7,t for Peter Lametti Construction Co. in the amount of $41,603.11. Mr. Cosmano seconded. On roll call, all voted aye. Motion carried. 3. Change Order mil. Lametti &. Sons. Mitchell Heights Sub- Trunk Sanitary Sewer. Pile Bents to be Installe3 as Per Reauest of Metropolitan Sewer Board. A motion was made by Mr. Cosmano to approve Change Order 741, Lametti & Sons in the amount of $880. Mks. Meyers seconded. On roll call, all voted aye. Motion carried. 4. Change Order Jrl. McCrossan, Inc. Mitchell-Baker Road a Imurovement. Install Storm Sewer Pipe as Per Request of Eden Land Corporation. t A motion was made by Mrs. Meyers to approve Change Order #1, C. S. McCrossan in the amount of $1,427. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. 5. Change Order 6. Northern ContractipB Co. Nine Mile One Trunk SanitarjSewe-r. To-osoil and Seed on South Slope of 11. 66th Street North of Forest Hills School. A motion was made by Mr. McCulloch to table this item until the December 26th meeting. Mr. Nesbitt seconded. All voted aye. Motion carried. 6. Change Order r7. Orfei & Sons. Topview Sanitary Sewer mid Watermain ZLateral , Changes in Sewer and Water Service Size and .Location as per Request of Howard Kaerwer.,. Resident. This item was tabled until the December 26th meeting for more information. Council Meeting December 12, 19'12 Page Seven 7. Baker Road Reservoir Site Purchase. Resolution No. 616. Authorize the Mayor and tianager to Sign the Purchase 3 Agreement. A motion was made by Mr. McCulloch to adopt Resolution No. 616 authorizing the Mayor and Manager to sign the Purchase Agreement with American Oil Co. in the amount of Y9,500 for the Baker Road Reservoir Site. Mrs. Heyers seconded. On roll call, all voted aye. Motion carried. V2. FINANCES s A. Report on Impact of Waste Water Treatment Grant Change. The Manager reviewed the report dated December 5th from John Franey Finance Director. The original grant f+anding the Water Treatment Plant provided for a federal share of $89,370 and a State share of 4p40,625 for a total grant of $129,995. The change to a 75% Federal grant and no state participation brings a loss to the Village in the amount of $8,vI20. B. Payment of Claims No. 11221 ihroxkgh aM3 and No. 1001 through 1139• A motion was made by Mrs. Meyers to approve claims 11221 through 11273 and 1001 through 1139 for payment. lair. Cosmano seconded. On roll cell, all voted aye. Motion carried.. C. Cash & Investment Report. A motion was made by Mrs. Meyers to accept and place on file the Cash & Investment Report dated December 12, 1972. Mr. Cosmano seconded. All voted aye. Motion carried. Meeting adjourned at 10:50 P.M. Edna M. Holmgren, Glut f