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City Council - 01/23/1973 - Village Meeting 7. r t �PNTLS t }DEN PR,IRIE VILLAGE COUNCIL Tuesday, jaruaxy 2-.J, 1973 7:30 P. • , Vi.Ila;;e Hall T-� � u Red- ath Council::, a Penzel, Boerger, i�.enibers :.esc,nt we,�e: MayG_ Paul R. p , .� IIcculloc 3 and Joar. Meyers. Also present war. Village :�;; :iaJer, Robert P. Heinrich, Village ;attorney, W. Harlan Perbix and Clerk. Edna M. Holmgren. The Village Attorr.ey, W. Harlan Perbix administered the oath of office to Roger Boei her. I. MII�'. ES C2 RR'GULAR MEETING, JANUARY 9, 1973 AND MIZ'UTE S Off' SPECIAL 2 ETING ON JANUAR 16, 1973. A motion was :Wade 'O)y Mr. Pc azel to approve the minutes of January 9th as publishe�o with thy:• follot,,rir ; corrections: Page rNro - V. APF�JIPTTAE-XTS - Item B. A motion was mau :: Ly.r Mrs. Meyers a.Ppointir.�; the Vil.Lage Manai er as the representative to th; Hennepin County League of I,umicipali ties and the Council as alternate. Page Five - X. BI )IS - Item A. Award Bid for Water Meters to Water Products Company for the Rockuell Meter in the Amount of $38.77 Each. With these correc-6 ions,, Yx. Redpath seconded. All voted aye. Motion ' carried. A motion ;tia.s made by Mrs. N.eyers to approve the minutes of January 16th as published. Mr. McCulloch seconded. All voted aye. Motion carried. II. PUBLIC HEARITN'GS f". A. Shelter Homes Cor-aoration —Eden Farms. PUD Concept Plan, Resolution No. 1. First Reading - Ordinance No. 203 Reclassifying from District Rural to RM 675. Preliminary Plat Approval - First Phase - Resolution No. 64o. Dick Putnam, Village Planner and Peter Jarvis, Bather Ringrose W.olsfeld, Inc. presented and reviewed the 'UD Concept Plan for Shelter Homes Corp., Eden Farms located north of County Road 4 on 185 acres surrounding Purgatory Creek nor-ch to Town Line Road. The basic elements of this proposal are the service center of neighborhood commercial services, the clustered-type single family home, the tov-nhouse and the public and quasi-public open space. The neighborhood service center at the intersection of Duck Lake Trail and County Road 4 is being with:leld at this time_pending further study by the Village Staff as to the needs for commercial facilities in the area. Mr. Putnam a.l o stated that the northern cul-de-sac that joins North Lund and Creek Vies: Lane should be left flexible at *,his point to incorporate a non-passaT% ;.e exce-pt for emergency type vehicles. The first phase is to be rezoned co RM, 6.5 is in conformity with the plan submitted for the model home area just off Duck Labe Trail. The rezoning iri.11 be for 11 lots and its space as the first phase. The preliminary plat approval is proposed fMvr a model home n.•ea consisting; of 11 lots adjacent, to the re- located D: :'c Lake Trail tha:c is proposed. ►January '2 _973 Page :.`cro Tie ".'Iyoz, ,: :s tio: :c;. whether there would be lov cost a x-;derat- , housing in the project. He v informed by Larry Lauldca that it Du:td not be avail- able at •41.is time. ::e also stated that by moving Duck Ja::.e Tra.:.l to the north, it would c�. :n up the corner and facilitate an underpass at the st:yvice center. Mr. Penzel question: about tae distance between structures cnd was told that it would be from :;0 to 100 feet for townhouse units and 29 to 36 feet between for 3 bedroo-i homes. Douglas Lind, N. Eder. Drive presented and reviewed a ;. .Ilition requesting that the portion o the "Old Deaver" property adjacent to and north of Purgatory Creek be preserved as public park and recreauion land. Grant Gui _derhus, West 168th Avenue was concerned about: -the northern cul-de- sac that N. .-ci-id and Creek View Lane, t,hether it create a traffic problem. 4),, 'id P-ia?•i:,, N. Eden Drive stated that he was :erned with density in the cius;;er hot,.-e:. Charles tleisheimer, Creek View L •. . questioned hoer many homer; would be in a cluster and was informed that .sip ._,e would be about 30. He stated that he felt that this was impossible. Denham, Pierce, Webster, il[elmer, Lindman and Brown appeared to protest i;he use of the land. A citizen asked what assurance do they have that the p].,= will be the same as the one discussed at this meeting. Mr. Putnam assured her that there Yrould be a public hearing for each plat proposal and that they would again be informed of the hearing. There being iio further comments and/or discussion Mrs. Meyers made a motion to close the hearing and adopt Resolution No. 641 approving PUD Concept Plan, Eden Farms with recommendations A through G in the Planning Co=ni.ssion minuteZ dated Januaxy 2, 1973 and the Pack &. Recreation Coa=lssionls recommendations dated January 23, 1973 a.s follows: 1. It preserves the Creek. 2. It preserves the virgin forest on the Crest side of the property. 3. It preserves the high hill in the center and north part of the property and takes advantage of the development potential on the rest of the site. With these reco=aendations, Mr. Boerger seconded. All voted aye. Motion carried. A motion was made by Mr. Penzel to adopt the first reacting of Ordinance. No. 203. Mr. Boerger seconded. All voted aye. Motion carried. �x motion was made by Hir. Boerger to adopt Resolution No. 640 approving the Preliminary Plat - First Phase, Eden Farms containing 11 lots and 4 outlots. Mr. Penzel seconded. All voted aye. Motion carried. s 1, x J Council o ildirqg Janilarli 2. , 1973 Firs Readinq ,, 0:.-dinence 1'7o. 204. _fcation Di prej., j,-,a-:_-y Plat ral to R1 13-5. Resolution 0. 64- Alan Gray, .:�-Leke., Carroll, 1�iuller & Assoc. presented the ,;iro ac-i:e subdivision pxopozal Q",acent- to Pzarad.'.se Valley Addilt-ion. It is located east Of County Road 4 be,,-:u?en Kurtz Lane .-nd Park Terrace Drive. The pc,-,-cel cf land was T t access frog. street.acc fl-a ;-.- a platted i.;j to tvio lots of a.. out an acre each thout't-i Along the south edge of tht-, parcel Was a 30 foot outiot conceived as a 1/2 road right-of-way. A preliminary plat for the property contains 5 lots J)70m 14,500 square feet 1;o 201000 feet with access from County Road 4 by a private stract- of 24 -feet within a '30 foot right-of-i%ray. The lots slopla from a Inis"n, north sli,;o with a 12 to 20 foot drop to t1he south along the prc.�:)ozed street. U 1 The homaL. c,7onL; Kuet-z Lone ;rill be high=.v Uti:ui t"lle those in ).-,zadise Valley a;:e lower. The lots are about 148 fee:t deep w-ilth Jac'.,, Bur,-,e, Park Terrace D:,ive presented and reviet.,red a petiticn. signed by -the six adjoining property oi-mers to the south requesting t1l-.at approval C> of the PLn-L and rezonir- bc! denied. Dallas Peterson., Pal'R- Terrace Drive stated t' at he felt that tjie plat was poorly sui '-ed to the land. Leslie X Coan, Par,, Terrace Drive said that he thought -the plat would adft to the traffic hazard already on County Road 4. Gerry Wolner, Park Ter-race Drive said he felt that there should be more open space. Jack Rosco, the Attorney represenUing the residents stated that the covenants should be extended to the surroi.inding prop erty in that Mr. Kurtz developed Paradise Valley. The Village Attorney noted that the Village should not get into the matter of covenants, that it was the right of the property owners but not up to the Council to decide. 1,;r. McCulloch stated that he did not like the plat plan and that there should be a better way of eeveloping, Mayor Redpath concurred with this also. A notion was made by Mr. Penzel to continue the hearing to February 13th and urge the neighbors and developer to come to an agreement. Mir. Boerger seconded. After discussion, Mir. Penzel withdrew his motion. A notion was made to adopt the first reading of Ordinance No. 204 approving roclassificabion from Rural District to R1 13.5. k1r. Boerger seconded. ful voted no unanimously. Motion denied. RESOLUTIONS AIM ORDIRTANCES A. Resolution No. 639. Ai,-proving Final Plat - Heidelberg Revised. A notion was made by Mrs. ,*.e,,%rers to adopt Resolution NO. 639 approving the Final Plat Heidelberg; Revised. Rr. Penzel seconded. All voted aye. Motion caxried. Council E.eetinrr, Jax:ual.-J L=3, 1973 Pave Fou:; B. l:Pso1.1atian �10 642. Approving Final Plat of Hirsch _ =velo .,t Corn. h-,00int I - he Trams. A notion eras made by 14r. Doerger to adopt Resolution No. 642 ap ­­oving ti the Final Play: of Hirsch Development Corp. - Highpoint I - The .-ails. Mr. Perzel second,sd. All voted aye. Motion carried. IV. REPORTS OF OFFICE;:S, BOARDS AND COMMISSIONS A. 1-Tayor's Report Work Sessions - Liquor License Ordinance - Homart Shopping Center The Mayor discussed the following with the Caul cil: A January 24th at 7 p.m. set as a work session on the Homaxt Shopping Center. January 30th at 7 p.m. set as a work ses:.;ion on the Liquor Licersa Crdinance. The Co-ancil was r­mindedof the CATV meeting at Bursch's on Monday, January 29th startin[; at 5 p.m. The Manager `ras requested to invite the ichool Board and Advisory Board members Jim Flavin and John Lovas. B. Manager' s Reports: Lurnsville Fiscal Disparities Court Case. The Council concurred with the Mayor' s recatmendation :nat they join in friends of the court and with Burnsville in the Court Appeal. 2. Request Council - Special Meeting for Public Hearings on February 7th. The Manager suggested that a special meeting be held for Public Hearings on February 7th because of the crowded agenda on February 13th. Conflicting committments by the Council cannot malce this possible. February 13th &aid 14th were set for Council meeting dates for this heavy schedule. The Homart Hearing was set for February 21st at 7:30 P.M. 3. Contract with Howard, Needles, Tw=en & Bergendoff. Design for Major Center Rini; Route. Authorize MMor and Manager to Sign. A mot-'-on was made by Mrs. Meyers to authorize the Mayor and lEana„er to sign the contract with Howard, Needles, Tammen & Bergendoff to design the Major Center Ring Route. Payment is to be made monthly from the Construction Fund. Mr. McCulloch seconded. On roll ca11, Messrs Redpath, McCulloch and Penzel and Mrs. Meyers voted aye. Mr. Boerger abstained. Motion dried. 4. Letter dated January 17, 1973. Levy 5627, Sewer & W.:4ter Trunk 581. A letter from LeVander, Zimpfer & Tierney, Ltd. , representing Vo-Tech School was received and filed. C. Councilman McCulloch's Re]2ort: Letter. Dated January llth Concerning Hennepin County LLea ;ue of Manici >alities. A letter f-om the League in regard to future mailing was di.,eussed. It was suggested ghat a copy be sent to the municipal administrator vrith distri- bution do:.a in the Council. packets. The letter was placed on file. Ccur:cil :1;eeting January 23, 1973 Page Five D. .Tillage C.lerl: ' Report: Recor.;mended 1- co-!rse Application List Dated Jan :._- A motion was made by fir. McCulloch to approve the ;,_- :' s recc. :rlended license list date.:k January 23, 1973 With the f0110-­ . exception: Charles A. Gould..,235 Duck Lake Road. - Private Ke. Y.,:_ License This license was z.ii:hheld until a later date in or.i.c,," to inspect conditions that are in excesr. stated in an agreement for a liter �e to operate during the last six months of 1972. Mr. Dale Evans, a neiz'--,%or appea�:'ed to protest. a The followirg vrere approved: Y 4 PRIVATE KEN3;EL H. 'VT. Jenkins, 15749 Lakeshore Drive DF.I'\rE-IN-TiL;ATER Flying Cloud Drive-In Theater BEER OFF SALE & CIGARETTES The Garden icing, 9375 Flying Cloud Drive, Paul W. Perkins LEER OFF/ON SALE & CIGARETTES Eden Land Corp. - Donald R. Peterson CIGARETTES Leonard's Skelly, 15251 West 78th Street ARA Services, Inc. - George Kuhl - for Transistor Electronics WELL DRILLING Don Stodola's Well Drilling - Don Stodola Max Renner Well Co. - A. E. Engebretson Dependable Well Co. - Charles Adelman Donald R. Rogers REFUSE COLUCTION Atlas Disposal Service - Robert W. Lary Ralph Bright B & R Rubbish Service - William, L. Greig Eden Prairie Sanitation - Robert D. Carling G & H Sanitation, Inc. - Edward M. Gregory Waste Control, Inc. - Ronald Roth Mrs. Meyers seconded. All voted aye. Motion carried. E. Councilman Penzel's Report - Suburban Rate Authority. Mr. Penzel reviewed rate increases - Suburban Date Authority for the Council. Council ,',:,eting January : , ..973 Page Six V. FINANCES A. Payr:c__ _ of C a-ims No. w261 through 1320. A motion . , , made by Nu s. 114eyers to approve claims number 1251 through 1320 for payme.-.::. Mr. Perzel seconded. On roll call, all voted aye unanimously. Motion c,:j;;i ed. Meeting adjourned at midnight. Edna M. Holmgren, Clerk 1. r .