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City Council - 02/13/1973 - Village Meeting f UNUTES EDEN PRAIRIE VILLAGE COUNCIL L Tuesdav, February 13, 1973 7:30 P.M. , Village Hall Continued to: tlednesday, February 14, 1973 (;embers present vier& : Mayor Paul R. Redpath, Councilmen Penzel . Coerger, f icCul loch and Joan f ieyers. Also present was Village (Manager, Robert P. Heinrich, Village Attorney, U. Harlan Perhix and Clerk., Edna 11. Voingren_ I . MINUTES OF JANUARY 23, 1973 A motion was made by Nr. Boerger to approve the minutes of January23rd as published rri th the fol 1 otii ng corrections : Page 1 - f'Ainutes of January 9th, Item P. - A motion was made by firs. Meyers appointing John (McCulloch as the respresentative, etc. Page 2 - Shelter Homes - Eden Farris - Paragraph 1 - He also stated that by moving Duck Lake Trail to the north, it could clean up the corner and facilitate an underpass at the service center. Pare 4 - Contract t,ri th Howard, Needles, Tann,en -& 3ergendoff - On roll call , i;essrs Redpath, iMcC-.rllodh and Pei-izel and Mrs. sieyers voted aye, Fir. Foerger abstained. Votion carried. 11ith these corrections, Vr. Penzel seconded. All voted aye. Votion carried. II . PRESENTATION OF HOUSING TASK FORCE REPORT. Mrs. Sonja Anderson, Co-Chairwoman of the Task Force reviewed and presented the report to the Council . The (Mayor commended the commission and those that had contributed to this report. He stated that it had been viell done. He requested the staff to send a copy to John Cosmano, former Councilman u,ho had contributed much to the commission. Mrs. Anderson stated that the Task Force had requested that a mobile home s+ndy be made in regard to design, construction and placement on location . ITT. MAYOR t S APPOINTNONTS A. Appointment of Councilman Ror .1er f3oerqer as Villa Council Represent- ative on the Park and Recreation Ccmrdssion. r A motion was nade by Mrs. Neyers to approve the f;ayor's appointment of Roger Boerger to the Park and Recreation Commission as Council represent- ative for a terra to expire on December 31 , 1975. f1r. Penzel seconded. All voted aye. Notion carried. B. Appointnent of firs. Becl y find^rson_to fill the unexpired term of Councilman Wolf Penzel on the Human Rir;{its Commission. ( A• motion was made by firs . fleyers to approve the fta.vor's appointrent of firs. Becky Anderson to the Human Ri gists Commission for a term to expire on Decer,­,ber 31, 1974. Nr. Soerger seconded. All voted aye. Motion carried. r Council fleeting February 13, 1973 Pago Two IV. PUBLIC HEARINGS A. Creekwood Estates. Hustad Developne�nt Corporation. Rezoning frown District Rural to 111 .�. Preliminary Nat Approval . a C i A motion was made by fir. Boerger to continue this hearing until February 27th. Mr. Penzei seconded. All voted aye. f lots on carried. c B. Basswoods, Site d2. !lark Z. Jones. Rezoning from District Rural to x fi 2.5. Pre imp nary at AppFoval . A motion was made by tors. Meyers to continue this hearing until February 27th. fir. Boerger seconded. All voted aye. !lotion carried. C. Basswoods Site b, The Preserve. (lark Z. Jones and Assoc. �Rezoning_ from District Rural to RM 6.5. Ordinance Ito. 2. 1rst eadin . Preliminary Plat pprova -]Teso ution ffo. 647. Dick Putnam, Village Planner and Scott Godin, Clark Z. Jones & Assoc. reviewed and presented Basswoods, site B. single family attached concept of a cluster of four dwellings each with private areas. Proposed are 3 seven four-unit structures with double garages for each unit and four additional open parking spaces. It is located on 5.6 acres bounded by the East/blest Parkway to the south and the Collector Road to the north and west in The Preserve. 1 Mr. Putnam reviewed the following five recor mend ations by the Planning Commission at the February 6th meeting: 1. That approval be subject to Village Staff approval of field location for each building. 2. That preliminary plat approval is based upon the Village approved "field location" for the 28 townhouse lots on site b in the "Basswoods". 3. That the development of the adjacent and surrounding properties shall be dependent on the impact on this development. h. That recreational vehicular storage shall be required and such storage areas shall be visually screened. 5. That enforceable restrictions and covenants shall be effectuated so as to maintain and preserve the natural forest. The Village Attorney questioned recommendation number five. tie noted that the Village should not get involved in covenants and restrictions. Mrs. fleyers questioned whether there were any trails proposed, she was told that there would be soft paths to the main path. fir. Penzel asked when was the starting date, he was informed that it would be April Ist of this year at the earliest. He also asked the price range of the units, he was told that they would be in the $35,000 to $45,000 area. �• I Counci i fl2eti ng February 13, 1973 r Pa one Three y r There being no further comments or discussion, firs. [ieyers made a notion to close the hearing and adopt the first reading of Ordinance No. 208 approving the rezoning of Dassuoods, Site D from District Rural to Rfi 6.5. Mr. Penzel seconded. All voted aye. Notion carried. A motion was made by firs. flyers to adopt Resolution No. C-47 for preliminary plat of Basswoods, site b including tho February 6th Planning Commission recommendations 1 through 4 with 5 c►ian6ed to read: That private restrictions and covenants shall be effectuated so as to encourage maintainance and preservation of the natural forest. Hith this change, Mr. Penzel seconded. All voted aye. [lotion carried. E D. The Oaks. Zachman Homes, Inc. Planned Unit Development Approval . Resolution flo. 646. 11r. Zachman, Zachman Noises, Inc. presented and reviewed The Oaks PUD Concept Plan located east of Red Rock Lake on the Seifert faro within the RFn ROCK Spetnr. It is proposed on E6 acres which would contain cluster homes & toinihouses. Space is provided fo" a garage which will be blacktopped but with an option to build. The Oak's project zero lot line Dome v►ould cost about $2,1,,000 with an additional $2,700 for a double garage; the townhouse about $21,800 with an additional - $1,500 for a single garage. firs. Meyers stated that the Planning Commission felt that the garages should be included without an option as it might inprove the site. Mr. Penzel asked if graduated home payments were available and was, told that they were not at the present time. The Village Attorney asrked about the cost of the lot and was told that it was ;bout $6,000 tihich included blacktopped streets, se:jer, tauter and fully sodded. The Village Planner, Dick Putnan reviewed the elements of the Red Rock Plan which influence The Oaks, ie [litchell Road, East/Vest Parkway and Scenic Heights Road. tie noted that the East/Writ Collector roar] alignment indicated in Zachnan Homes' proposal will be carefully exani ned before final road design approval is chanted. There being no further questions or comments, Mrs. Neyers Wade a motion to close the hearing and adopt Resolution No. 64-6 approving the Planned Unit Development Plan for The Oai;s. 11r. .Penzel seconded. All voted aye. Potion carried. E. Edenvale 6th Addition. Eden Land Corp. Recl assi fi cation from District RUral to ('-ti 6.5. Ordinance Ido. 20, First Reading. [[rc ininary !, at ApprovaResolution i!o'��. Dick Pul�nani, Village Planner presented and reviewed the Edenvale 6th i`.ddition preliminary plat plan, an r7 lot single family subdivision located in the northeast secion of Edenvale south of Kings Forest. Proposed are hones that will range in the area of $40,000 -- $50,000 of a coventional nature with some grouped open spaces providing necessary space for the Edenvale pedestrian pathway systems as well as Council f eeti ng February 13, 1973 ( Page Four z. providing excellent private single family living environment. The conern for through traffic fron Golf View Drive north using Kingston Drive was expressed by several residents. Mr. Ranier, Holly Road stated that he felt that traffic on Holly Road was too great at the present time and that opening up Kingston drive would only create more. fir_ Ki ngrev, Holly Road, concurred with this also. f•ir. Garens, Castle Lane felt that it Mould not. A memo from Jack Hacking, Director of Public Safety in regard to the matter of a connecting road north 'From Valley View to Kingston and Crown Drive was reviewed by fir. Hacking. Both he and the Fire Chief strongly recommended this for energency velAct es. fie suggested placing stop signs at the intersection of Valley Vier! Road and Kingston, the intersection of Kingston and Crown, and the existing stop signs at Kingston and Holly and Holly and Baler. He also recommended making the connecting roadway a one way road for south bound traffic only from Crorin Drive to Valley View. fir. Hacking felt that this would perhaps prevent any further increase in traffic volume into Kings Forest. Discussion teas held on possible alternates, ex'Eending hest 6Gth and Canterbury Lane to the north. It was felt that until land use to the north of Kings Forest and Ponderosa Hills is established this cannot �( be determined. _ 1 . There being no further discussion, rirs. fieyers made a motion to close the !tearing and adopt the first reading of Ordinance No. 205 zoning Edenval a 60 Addition to Rfi 6.5. fir. Boerger seconded. Messrs. Boerger, Penzel and Redpath and Mrs. f;eyers voted aye. fir. McCulloch voted no. flotion carried. 2. A motion was made by Mrs. fhyers to adopt Resolution No. 644, Edenvale 6'th Addition with recommendations in the February 6th Planning Commission minutes 1 through 7 excluding -4, and the recommendations re- garding placing of traffic signs by the Public Safety Director dated February P, 1973. Included in this motion Is the addition that a Public Safety traffic count be required on Holly Road before Kingston Drive is opened and that the study is made available to the public. fir. Redpath seconded. Messrs. Boerger, Penzel and Redpath and tars. Meyers voted aye. fSr. McCulloch voted no. tlotion carried. F. Improvement Hearing for the Extension of Sanitary Setter Alonq I-lest 783th Street from Purgatory Creek to Rosemount Engineering Co. This hearing was continued until February 27, 1973 in order to consider proposed water lateral project for this area at the same time. {� G. Hipp's Mitchell Heiqhts Plan "B" Improvement and Did /%ward for Street and Utility Construction. Hr. Farnsworth, Brauer A Assoc. , presented and reviL-wed the Hipp's fiitchell Heights Plan "B" Improvement. furs. f eyers asked if there was a 20a coverage that could be used to improve Hiawatha Avenue. fjr. Farnsworth Council Heeting February 13, 1973 Page Five stated that there was. He recommended that the Base Bid work and a modified Alternate A be awarded to the apparent low bidder, Northdale Construction Company. Alternate A calls for deletion of gravel base and addition of bituminous base for streets. Alternate A should be modified by deleting the bituminous wearing course for streets until all construction in the area has been completed some three years hence. Final surfacing would be accomplished by the developer before the Village would accept street maintenance responsibilities. A motion was made by Fir. Boerger to adopt Resolution Vo. 653 orderinq Hipp's Hitchell Heights Plan "B" Improvements, accepting plans and specifications and accepting low bid of fJorthdale Construction Co. , Alternate A, modified in the amount of $151 ,982. fir. Penzel seconded. On roll call , all voted aye unanimously. notion carried. H. McAllister Properties. Anderson Lakes Planned Unit Development. Reso ution No. 658. Dick Putnam, Village Planner, presented and reviewed the McAllister Properties Anderson Lakes PUD proposal . Since the hearing on January 9th which was continued, fir. Putnam has net with residents in the area. He stated that their concern in regard to the amount of traffic using West 78th Street from #18 to old 069 is a valid one. He stated that he felt that the project would not cause major traffic problems along 'Jest 78th Street. He further stated that the cause of the high peak hour volume is through traffic which will be redirected to new routes in the next few years. The timetable for road improvements is coordinated with the Homart Center to open in August, 1975 and the 212 diagonal which should be open in mid-1973 which should relieve a great deal of the through traffic. There being no further discussion, Mr. Meyers made a notion to adopt Resolution No. 658 approving the Anderson Lakes Planned Unit Development as recommended by the Planning Commission on February 6, 1973. fir. Penzel seconded. Messrs. Boerger, Penzel and Redpath and Mrs. Heyers voted aye. ttr. ticCul l och voted no. Motion carried. V. RESOLUTIONS AND ORDINANCES A. Ordinance Relating to Licensing and Requlatinq the Use and Sale of ntoxicat ng iquor. First ea ing, r Hance No. 202. The Village Manager and Council discussed and reviewed proposed definition changes, clarifications, etc. in the proposed "Liquor License Ordinance". fir. Heinrich noted that the license fee had not been determined at this time hence Section 1-107, Subd. 1 was left blank. The investigation fee, however, is stated in Subd. 7. i A motion was made by for. McCulloch to adopt the first reading of Ordinance No. 202. fir. Penzel seconded. All voted aye. Motion carried. A motion was made by firs. t1eyers to set a Public Hearing for the Liquor Council 1'leeti ng ! February 13, 1973 ( Page Six License Ordinance on t:arch 13, 1973. Mr. FcCulloch seconded. All voted aye. notion carried. E. Ordinance No. 211 . Creating and Establishing Fire Zones. First Reading. A notion was made by Nr. Penzel to adopt the first reading of Ordinance tin. 211 creating and establishing Fire Zones 2 and 3. i-1r. Boeraer seconded. All voted aye. Motion carried. C. Ordinance Amending Ordinance No. 43 Requiring (fond for Persons or BLISines ;ed in t►ie Construction, Alteration, Extension, tepair an-El naintenance of!!e s. First Rea`Tc ng., Mr Inance No. 212. A motion was made by i tr. Penzel to adopt the first reading or Ordinance No. 212 requiring a $1 ,000 bond to do well work in the Village. tar. Boerger seconded. All voted aye. Motion on carried. D. Resolution i!a. 652. Revoking a Portion of an Established t•hrnici a7 State--Paid Street and Establishing a Plevi Port- on of Said Nrunicipa State-Aid Street. A motion was made by Mr. Penzel to adopt Resolution No_ 652 deleting and designating portions of Valley Viers road from Municipal State Aid Street System. r1r. Redpath seconded. All voted aye. notion carried. E. Ordinance No. 203. Eden Farms. Second Reading, Approving Reclassifi- cation of t1 lots from District Rural to District RH 6.5. Andrew Daniiuk, S. Eden Drive reviewed the original petition from several residents that was presented by Douglas Lind at the January 23rd Council meeting requesting that the portion of the "Old Deaver" property adjacent to and north of P urgatory Creek be preserved as public park- and recreation land. He stated that they felt that questions presented ifr this petition were not answered to their satisfaction. The, Manager suggested that Shelter Corp. should be requested to do this and report Lack to the Council . A motion was made by Mr. McCulloch to continue the second readina of Ordinance t•Ja. 203 on February 27th. Mr. Penzel seconded_ iw-u voted aye. Motion carried. F. Ordinance Flo. 210. Regulating License Fees, Permit Fees and Charges. _irs ac in g. A motion i-sas made by i•ir. Penzel to adopt the first reading of Ordinance Vo. 210. Village Attorney Perbi x was instructed to review the ordinance for corrections before the second reading. Mr. Eoerger seconded . All voted aye. Hoti on carried. e Council i ^e'tl no E February 1.3, 1973 ;( Pane Seven VI . REPORTS OF OFFICERS, BOARDS AND COi i('►ISSIONS A. Report of Councilman Penzel : SLIbUrban Rate Authority's Consultinq Eng i neer's Report Dated 1 f 31/73. Mr. Penzel reported on nonies spent for advertising k%f the Gas Company, discussions in regard to establishing rates, etc. Discussion was then held in regard to election or appointnent of officials a to the fletro Council . The Mayor related that no derision had been made in regard to this. The Council requested that the Mayor write to the Governor and Legislators that they would prefer designation by appointment but if not, elected by popular vote. The fiayor stated that he would do this. G. Report of Councilman FIcCulloch: Hennepin County League of fiunici pal ities ctivities. fir. ficCulioch stated that the subject of his report clas covered in item A above. C. Reports of Village fianager: 1. Provision of slater Service to Tuo Houses on Luther :lay, Requested ( by fir. Willard Egdan. . A motion was made by iir. Penzel to authorize the extension of water services to two houses on Luther flay with t lie condition that appropriate escrow funds be established for future lateral benefits on Luther flay. Mrs. Meyers seconded . All voted aye. Motion on carried. 2. Resolution No. 651. Authorizing the Mayor arid Manager to sign an Agreement etween the Village of Eden Prairie and the Hennepin County A cc vo Sa'—r y r_ction roj ctt, Department of Transportation. P. motion was made by fir. Penzel to adopt Resolution No. 651 authorizing the riavor and Manager to sign an agreement with Hennepin County Alcohol Safety Action Project. Mr. Goerger seconded. All voted aye. (lotion carried. 3. Resolution No. 654. Authorizing the flavor and fianager to sign an , Agreement with the City of Napkins for Ilse of Pistol Range Facilities and Other Equipment. A notion was made by fir. Boerger to adopt Resolution No. 654 authorizing the flavor and f 1anlger to sign an agreement with the City of Hopkins. firs. f leyers seconded. All voted aye. f to ti on carried . 4. Resolution ifo. 656. Authorizing the Hayor avid Village Manager to Enter Into an /tgreeme:vt e-iith f?etro Animal Patrol Services, Inc. to Provide An-Jima An-Jimal Controlervices for the Vi age. A motion was nade by fir. Penze:l to adopt Resolution ilo. G56 authorizing the i'ayor and Village (Tanager to sign an agreement with Metro Animal Patrol Services , Inc. fir, Boerger seconded. On roll call , all voted aye unanimously.. flotion carried. 4 COLlf,cia f.cet;ng February 13, 1973 1 t Page Eight r a 5. Response to f?etropolitan Council Transporation Policy. 4 A motion vas made by fir. Penzel to present "Eden Prairie Reaction to the Transportation Policy, Plan and Program Section of the Metropolitan Development Guide, Presented for Public Hearing on fdovenber 9, 1972" dated (dove►:rber 15, 1972 at a meeting on Thursday, February 15th in the Crystal City Council Chambers. Mrs. fieyers seconded. All voted aye. 11oti on carried. x 6. Feasibility Report on the Following Proposed Improvements t1i thi n the lamed Rock PlanningSector: a. Construction of Trunk 11atermain in Scenic Heights Road from f-n tchel I Road es t to Hia:.,atha Avenue. b. Construction of Atherton Road Incl udincl fecessary tlater an< Storm SeLjer Lines from hi Oche Road Easterly to the Proposed � East lles L Parkway. C. Regrading, Paving, Construction of Curb anti Gutter and Storn Sewer in t►ie Existing i-Jtchell Road i ch t-of--!•!ay from the Intersection of Scenic ll ad and Mitchell Road South i { o `►ie South Lin-e-TT-5—ection 15. - fir. Farnsworth, Brauer ",Associates reviewed and presented the above proposed improvements within the Red Rock Planning Sector. Estimated cost of the Scenic Heights Trunic Uater is $29,304, Atherton Road Construction $95,348 and Mitchell Road Improvements $99,473 totalling $224,625 for the three projects. A motion was made by 14r. Penzel adopting Resolution No. 655 accepting the feasibility reports of the Red Rock Planning Sector Projects a, b and c for an estimated total of $224,625 and setting March 13, 1973, 7: 30 p.m. , in the Village Hall for a Public Hearing. Mrs. Meyers seconded. On roll call, all voted aye unanimously. Motion carried. i 7. Rep a -*tinq of Lots 1.1 and 12, Block 1 . Fair:ray Floods 1st -Addition. �Resolution ,o. 057. " A notion was made by fir. Boerger to adopt Resolution No. 657 approving the replatting of Lots 11 and 12, Bloci; 1, FairwaY floods 1st Addition necessary to move 2 lot lines seven feet clue to building placement. f 1r. Penzel seconded. All voted aye. Notion on carried. 8. Request by J. L. lienning for Pernission to Leave f?oclel Home T.Tv2rci si nq Sign atTterseCtlon of 11alker Road and FA. Pg. The f Tanager revi et.ted Fir. Henning's request with the Council . He states! �- that he did not recommend a permanent type sign (put in the Around) . fir. McCulloch suggested that perhaps an attractive sign could be placed at an intersection for each development,of a like size and type style hung one below each otlier indicating direction with an arrow. It was the Counci 1 's feeling that granting special use perni is for signs could only create citizen and government problems. - ' 5 %5 • 3 Council Meeting February 13, 1973 Page fii ne A motion was made by sirs. fleyers to instruct the Village flanager to request for. Henning to remove his sign and suggest that the Village allow sandwich type signs on b,ieek-ends until such time as Edenvale has submitted the total sign package/graphics. Planning Commission recommendations of January 2, 1973 are included in this notion as fol lows: a. No good cause was shown to give a special use permit or to change the existing ordinance; therefore, the sign should be removed. b. Edenvale should be asked to submit and have approved the total sign package/graphics for Edenvale and establish firm time schedules for construction. c. A policy should be established that the Village Staff may use for all development signs that restrict their placement to on-site locations, not on all main Village roads. Mr. Boerger seconded. All voted aye. f'iotion carried. D. Village Clerk Report: 1. Village Clerk's Recommended License Application List. It was the feeling of the Council that this list should be approved by the Inspections Department as well as the Clerk. The matter was continued to the February 27th meeting. VII. FINANCES A. Payment of Claims fio. 1321 through 1477. A motion was made by fir. Penzel to approve claims no 1321 through 1477 for payment. fir. Boerger seconded. On roll call , all voted aye unanimously. fiotion carried. B. Cash & Investment Report. A motion was made by fir. Penzel to accept the Cash & Investment Report. Mr. Redpath seconded. All voted aye. Potion carried. The meeting adjourned at 11:50 on February 13, 1973. The continued meeting adjourned at 11:15 on February 14, 1973. Edna M. Holmgren, Clerk 3 fUNUTES EDEN PRAIRIE VILLAGE COUNCIL Tucsdav, February 13, 1973 7 :30 P.M. , Village [tall Continued to: Hednesday, February 14, 1973 [°embers present wer& : Mayor Paul R. Redpath, Councilmen Penzel , Coerger, t ccCul 1 och and Joan t ieyers. Also present was Village. Manager, Robert P. Heinrich , Village Attorney, 11. Harlan Perbix and Clerk, Edna 11. ttoingren. a I. 11INUTES OF JANUARY 23, 1973 A motion was made by Nr. Boerger to approve the minutes of January 23rd as published with the following corrections : Page 1 - Minutes of January 9th, Item B - A motion was. made by Mrs. Meyers appointing John McCulloch as the respresentative, e-c. Page 2 - Shelter homes - Eden Farms - Paragraph 1 - He also stated that by moving Duck Lake Trail to the north, it would clean up the corner and facilitate an underpass at the service center. Pact, 4 - Contract with 4oviard, needles, Tanmen r Bergendoff - Cn roll call , f;essrs Redpath, flcCulloclh and Penzel and firs. Neyers voted aye, Mr. Ploerger abstained. notion carried. ltith these corrections, flr. Penzel seconded. All voted ,aye. Notion carried. II . PRESENTATION OF HOUSING TASK FORCE REPORT. Mrs. Sonja Anderson, Co-Chairwoman of the Task Force reviewed and presented the report to the Council . The flayor commended the commission and those that had contributed to this report. He stated that it had been well done. He requested the staff to send a copy to John Cosmano, former Councili:1an -rho had contributed much to the cocnission. Mrs. Anderson stated that the Task Force had requested that a. mobile home s*.lidy be made in regard to design, construction and placement on location. .T.-ET. mAYOR•S APPOINTMENTS A. Appointment of Councilman Roger Doerqer as Village Council Represent- ative on the Park and Recreation Commission A motion was made by tars. Meyers to approve the f.ayor's appointment of Roger Boerger to the Park and Recreation Commission as Council represent- a ative for a term to expire on December 31, 1975. f1r. Penzel seconded. All voted aye. flotion carried. B. F_�ppo i ntment of firs. Becky Anderson to fill the unexpired term of Councilman Wa f Penzel on the Human R ahts Commission. A- motion was made by firs. fleyers to approve the flayor's appointment of firs. Becky Anderson to the Human Rights Commission for a term to expire on December 31, 1974. Fir. Eoerger seconded. All voted aye. Motion carried. Council iieeti ng February 13, 1973 Page Two IV. PUM I C HEARI MOS A. Creekwood Estates. Hustad Development, Corporation. P.ezoninq from District Rural to RI 13.5. Preliminary Plat AF5roval . A mcti on aas made by mr. floerger to continue this hearing until February 27th. U,r. Penzel seconded. All voted aye. (lotion carried . B. Basswoods, Site d2. turf; Z. Jones. Rezoning fron District Rural to wi 2.5. Pre ininary Plat Approval . A motion was made by f1rs. fleyers to continue this hearing until February 27th. fir. Boerger seconded. All voted aye. Motion carried. C. Basswoods, Site b, The Preserve. Mark Z. Jones and Assoc. Rezoning fron District Rural to 1TU1 G.5. Ordinance No. 208, First Readino. Preliminary Plat Approva Resolution No. G Dick Putnam, Village Planner and Scot Godin, hark Z. Jones A Assoc. reviewed and presented Basswoods, site B, single fariily attached concept of a cluster of four dwellings each with private areas. Proposed are seven four-unit structures with double garages for each unit and four additional open parking spaces. It is located on 5.6 acres bounded by the East/!Jest Parkway to the south and the Collector Road to the north and west in The Preserve. fir. Putnara revieti/ed the following five recommendations by the Planning Commission at the February 6th meeting: 1. That approval be subject to Village Staff approval of field location for each building. 2. That preliminary plat approval is based upon the Village approved "field location" for the 23 townhouse lots on site b in the "Basswoods". 3. That the development of the adjacent and surrounding properties shall be dependent on the impact on this development. 4. That recreational vehicular storage shall be required and such storage areas shall be visually screened. 5. That enforceable restrictions and covenants shall be effectuated so as to maintain and preserve the natural forest. The Village Attorney questioned recorunendation number five. He noted that the Village should not get involved in covenants and restrictions. Mrs. Meyers questioned t!hether there were any trails proposed, she was told that there would be soft paths to the nain path. fir. Pen.-el asked when was the starting date, he was informed that it would be April 1st of this year at the earliest. tie also asked the price range of the units , he was told that they would be in the $35,000 to $45,000 area. Council Fleeting February 13, 1973 Pacie Three There being no further comments or discussion, firs. Heyers made a motion to close the hearing and adopt the first reading of Ordinance No. 208 approving the rezoning of Gassuoods, Site G from District Rural to RM 6.5. Mr. Penzel seconded. All voted aye. [lotion carried. a a p A motion was made by firs. Meyers to adopt Resolution No. C-47 for preliminary plat of Basswoods, site b including the February 6th Planning Commission recommendations 1 through 4 with 5 changed to read: 4 That private restrictions and covenants shall be effectuated so as to encourage maintainance and preservation of the natural forest. With this change, [lr. Penzel seconded. All voted aye. [lotion carried. a D. The Oaks. Zachnan Homes, Inc. Planned Unit Development Approval . Resolution I . 046. Mr. Zachman, Zachman F[ones, Inc. presented and reviewed The Oaks PUD Concept Plan located east of Red Rock Lake on the Seifert fain within the RFD ROCK Sc-rtor. It is proposed on 86 acres which would contain cluster homes & tovmhouses. Space is provided for a garage which will be bl acktopped but with an option to build. The Oak's f project zero lot line home viould cost about $2C,000 with an additional 4, $2,700 for a double garage; the townhouse about $21,800 with an additional - $1,500 for a single garage. [Irs. Meyers stated that the Planning Cornission felt that the garages should be included without an option as it might inprove the site. Mr. Penzel asked if graduated home payments were available and was told that they were not at the present time. The Village Attorney asked about the cost of the lot and was told that it was about $6,000 which included blacktopped streets, sever, water and fully sodded. The Village Planner, Dick Putnam reviewed the elements of the Red Rock Plan which influence The Oaks, ie i"itchell Road, East/blest Parkway and Scenic Heights Road. lie noted that the East/Uast Collector road alignment indicated in Zachman Homes' proposal %All be carefully exani ned before final road design approval is granted. There being no further questions er comments, Mrs. fieyers made a notion to close the hearing and adopt Resolution No. 646 approving the Planned Unit Development Plan for The Oaks. fir. -Penzel seconded. All voted aye. Motion carried. E. Edenvale 6th Addition. Eden Land Corp.. Reclassification from District RUral to I;fi 6.5. Ordinance fJo. 209, First !leading. � Prclir tnary Plat Appir-o—v­5`1 . Resolution No. 644. Dick Putnam, Village Planner presented and reviewed the Edenvale Gth Addition preliminary plat plan, an ON lot single family subdivision located in the northeast secion of Edenvale south of Kings Forest. Proposed are homes that will range in the area of $40,000 - $50,000 of a coventional nature with some grouped open spaces providing necessary space for the Edenvale }pedestrian pathway systems as well as Council f eetinq February 13, 1973 Page Four providing excellent private single family living environment. The conern for through traffic from Golf Viers Drive north using Kingston Drive was expressed by several residents. Mr. Renier, Holly Road stated that he felt that traffic on Holly Road ►ias too great at the present time and that opening up Kingston Drive would t only create more. Hr. Kingrev, Holly Road , concurred with this also. f-r. Garens, Castle Lane felt that it would not. A memo from Jack Hacking, Director of Public Safety in regard to the matter of a connecting road north from Valley View to Kingston and Croton Drive was reviewed by fir. Hacking. Doth he and the Fire Chief strongly recommended this for emergency vehicles. fie suggested placing stop signs at the intersection of Valley View Road and Kingston, the intersection of Kingston and Crown, and the existing stop signs at I Kingston and Holly and Holly and Baker. He also recommended making the connecting roadway a one way road for south bound traffic only from Crotrin Drive to Valley View. fir. Hacking felt that this would perhaps prevent any further increase in traffic volume into Kings Forest. Discussion was held on possible alternates , extending I-lest 6Gth and Canterbury Lane to the north. It was felt that until land use to the north of Kings Forest and Ponderosa hills is established this cannot be determined. 1 . There being no further discussion, firs. Meyers made a motion to close the hearing and adopt the first reading of Ordinance No. 205 zoning Edenvale 6th Addition to Rm 6.5. fir. Goerner seconded. Messrs. Boerger, Penzel and Redpath and firs. fteyers voted aye. Mr. McCulloch voted no. [lotion carried. 2. A motion was made by firs. fieyers to adopt Resolution No. 64.4, Edenvale Gth Addition with recommendations in the February Cth Planning Coim. ission minutes l through 7 excluding 4 and the recornendations re- garding placing of traffic signs by the Public Safety Director dated February a, 1973. Included in this motion is the addition that a Public Safety traffic count be required on Holly Road before Kingston Drive is opened and that the study is made available to the public. fir. Redpath seconded. flessrs. Boerger, Penzel and Redpath and f 1rs. f eyers voted aye. fir. McCulloch voted no. Motion carried. F. Improvement Bearing for the Extension of Sanitary Surer Along I•lest 78th Street from Purgatory Creek to Rosemount Engineering Co. This hearing was continued until February 27, 1973 in order to consider proposed dater lateral project for this area at the same time. G. Hipp' s Mitchell Heiqhts Plan "B" Improvement and Rid Award for Street aiul Utility Construction. Mr. Farnsworth, Brauer A Assoc. , presented and revievied the Hipp's Nitchell + Heights Plan "13" Improvement. firs. f'eyers asked if there was a 20% coverage that could be used to improve Hiawatha Avenue. fir. Farnsworth Council fleeting February 13, 1973 Pa( e Five stated that there was. Ile recommended that the Base Bid work and a modified Alternate A be a%.arded to the apparent low bidder, Northdale Construction Company. Alternate A calls for deletion of gravel vase and addition of bituminous base for streets. Alternate A should be modified by deleting the bituminous wearing course for streets until all construction in the area has been conpleted some three years hence. Final surfacing would be accomplished by the developer before the Village would accept street maintenance responsibilities. A motion was made by fir. Boerger to adopt Resolution Vo. 653 ordering Hipp's tiitchei1 Heights Plan "B" Improvements, accepting plans and specifications and accepting low bia of ilorthdale Construction Co. , Alternate A, modified in the amount of $151 ,982. fir. Penzel seconded. On roll call , all voted aye unanimously. Motion carried. H. McAllister Properties. Anderson Lakes Planned Unit Development. Resolution No. 658. Dick Putnam, Village Planner, presented and reviewed the McAllister Properties Anderson Lakes PUD proposal . Since the hearing on January 9th which was continued, fir. Putnam has net with residents in the area. He stated that their concern in regard to the amount of traffic using _ West 78th Street from ;#18 to old P169 is a valid one. He stated that he felt that the project would not cause najor traffic problems along !,lest 78th Street. He further stated that the cause of the high peak hour volume is through traffic which will be redirected to new routes in the next few years. The timetable for road improvements is coordinated with the Homart Center to open in August, 1975 and the 212 diagonal which should be open in mid-1973 which should relieve a great deal of the through traffic. There being no further discussion, Mr. Meyers made a motion to adopt x Resolution No. 651; approving the Anderson Lakes Planned Unit Development as recommended by the Planning Commission on February 6, 1973. fir. Penzel seconded. Hessrs. Boerger, Penzel and Redpath and Mrs. tleyers voted aye. t;r. tcCulloch voted no. Motion carried. V. RESOLUTIONS AND ORDII-lANCES A. Ordinance Relating to Licensing and Requlating the Use and Sale of Intoxicating iqL1or. First Rea inq, Ordinance No. 202. The Village Manager and Council discussed and reviewed proposed definition changes, clarifications, etc. in the proposed "Liquor License Ordinance". fir. Heinrich noted that the license fee had not been determined at this time hence Section 1-107, Subd. 1 was left blank. The investigation fee, however, is stated in Subd. 7. A motion was made by ter. McCulloch to adopt the first reading of Ordinance No. 202. Hr. Penzel seconded. All voted aye. Motion carried. A motion was made by firs. Neyers to set a Pudic Hearing for the Liquor Council I ieetinct February 13, 1973 Page Six License Ordinance on f:arch 13, 1973. fir. McCulloch seconded. All voted aye. notion carried. E. Ordinance No. 211 . Creatina and Establishing Fire Zones. First Readi ng. A motion was made by fir. Penzel to adopt the first reading of Ordinance No. 211 creating and establishing F I re Zones 2 and 3. fair. Boerger seconded. All voted aye. Notion carried. C. Ordinance Amending Ordinance No. 43 Requiring frond for Persons or businesses Engared in the Construction, Alteration, Extension, . alr and flaintenance -o-flfalls. FirsE Reading, Ordinance-io. 212. A motion was made by tir. Penzel to adopt the first reading or Ordinance No. 212 requiring a $1 ,000 bond to do well stork in the Village. fir. goerger seconded. All voted aye. fiotion carried. D. Resolution No. 652. Revoking a Portion of an Established Municipal State-Ai Street and Establishing a New Portion of SaidNiunicipa State-Aid Street. A motion was made by flr. Penzel to adopt Resolution PNo. 652 deleting and designating portions of Valley Vievs Goad from Municipal State Aid Street System. fir. Redpath seconded. All voted aye. (lotion carried. E. Ordinance No. 203. Eden Farms. Second Reading, Approving Reclassifi- cation of 11 lots from District Rural to District Rf4 6.5. Andrew Daniluk, S. Eden Drive reviewed the original petition from several residents that was Presented by Douglas Lind at the January 23rd Council meeting requesting that the portion of the "Old Deaver" property adjacent to and north of Purgatory Creek be preserved as public park and recreation land. hie stated that they felt that questions presented in this petition were not a nsviered to their satisfaction. The flanager suggested that Shelter Corp. should be requested to do this and report back to the Council . A motion was made by fir. McCulloch to continue the second readinar of Ordinance Ila. 203 on February 27th. Mr. Penzel seconded. Jb-U voted aye. Motion carried. F. Ordinance No. 210. Regulating License Fees, Permit Fees and Charges. First .emir nq. — A motion was matte by fir. Penzel to adopt the first reading of Ordinance Flo. 210. Village Attorney Perbix was instructed to review the ordinance for corrections before the second reading. fir. Eoercer seconded. All voted aye. Motion carried. I Council i Reeti nq February 13, 1973 Page Seven VI . REPORTS OF OFFICERS , BOARDS AND Wil;ISSIONS A. Report of Councilnan Penzel : Suburban Rate Authority Consulting Engineer`s Deport Dated 1T31/7 . a f1r. Penzel reported on nonies spent for advertising by the Gas Company, discussions in regard to establishing rates , etc. g Discussion was then held in regard to election or appointment of officials to the 1etro Council . The Mayor related that no derision had been made in regard to this. The Council requested that the f layor write to the Governor and Legislators that they would prefer designation by appointment but if not, elected by popular vote. The Mayor stated that he would do this. B. Re ort of Councilnan McCulloch: Hennepin County League of Municipalities Acts of ties. fir. rcCulloch stated that the subject of his report was covered in item A above. C. Reports of Village Hanager: 1. Provision of 'Mater Service to Two Houses on Luther :Jay. Requested by F 1r. �Ji 11 and Eggan. _ A motion was made by iir. Penzel to authorize the extension of water services to two houses on Luther Ilay Frith the condition that appropriate escrow funds be established for future lateral benefits on Luther Uay. Mrs. Meyers seconded. All voted aye. Motion on carried. 2. Resolution No. 651. Authorizing the Mayor and Manager to sign an Agreement between the Vei��acle of E en Prairie and the Hennepin County 11.1cc5ol Safety Action ro3ect,Department a ansportati on. A, motion was made by Mr. Penzel to adopt Resolution No. 651 authorizing the f favor and f tanager to sign an agreement with Hennepin County Alcohol Safety action Project. Mr. Goerger seconded. All voted aye. Motion carried. 3. Resolution No. 654. Authorizing the Mayor and Manager to sign an Agreement with the City of M pkins for Use of Pistol Ranqe Facilities and Other Equipment. A notion was naade by Mr. Boerger to adopt Resolution No. 654 authorizing the l iayor and f lanager to sign an agreenent with the City of Jlopki ns. f lrs. f ieyers seconded. All voted aye. +o ti on carried. 4. Resolution No. 656. Authorizing the l:ayor and Village Manager to Eater 1nTto an reement viith Metro Anima PT Patrol Services, Inc. to Provide Aninal Controler0ces for tie Village. A notion was nade by fir. Penzel to adopt Resolution No. 656 authorizing the i'ayor and Village flanager to sign an agreement with Metro Animal Patrol Services, Inc. fir. Qoerger seconded. On roll call , all voted aye unanimously. kiotion carried. Council r,eetIng February 13, 1973 Page Eight 5. Response to rletropolitan Council Transpoeation Policy. A motion was. made by ilr. Penzel to present "Eden Prairie Reaction to the Transportation Policy, Plan and Program Section of the Metropolitan Development Guide, Presented for Public Hearing on Novenber 9, 1972" dated Novenber 15, 1972 at a meeting on Thursday, February 15th in the Crystal City Council Chambers. Mrs. rieyers seconded. All voted aye. Motion carried. a 6. Feasibility Report on the Following Pro osed Improvements Ui thi n the .ec. Roc : ai7mng S eetor: a. Construction of 7run;c ilaterr"ain in Scenic Heights Road from 117 tc e oa est to Hiawatha Avenue. b. Construction of Atherton Road Including Pecessary dater and Storm Sewer i nes from ii tche Road asterly to the Proposed East/1-Jest Parkway. C. Regrading, Paving, Construction of Curb and Gutter and Store Sewer in t;ie Existing ilitchell Road i t-o -6•ay fron the Intersection of Scenic Vie and Ili tchel 1 Road South ,,o t;ie South Line of Section 15. Mr. Farnsworth, Brauer u Associates reviewed and presented the above proposed iraprovenents within the Red Rock Planning Sector. Estimated cost of the Scenic Heights Trunk !later is ►29,304, Atherton Road Construction $95,848 and Mitchell Road Improvements $99,473 totalling $224,625 for the three projects. A notion was made by Mr. Penzel adopting Resolution No. 655 accepting the feasibility reports of the Red Rock Planning Sector Projects a, b and r c for an estimated total of $224,625 and setting March 13, 1973, 7:30 p.m., in the Village Hall for a Public Hearing. Mrs. Meyers seconded. on roll call, all voted aye unaniinously. Motion carried. 1 1 7. Re platting of Lots 11 and 12, Blocl; 1. Fairway lloods 1st Addition. Resolution No. 657. A notion was made by fir. Boerger to adopt Resolution tic. 657 approving the replotting of Lots 11 and 12, Block 1, Fairway floods 1st Addition � necessary to move 2 lot lines seven feet due to building placement. i;r. Penzel seconded. All voted aye. +lotion carried. 8. Request by J. L. Henning for Pernission to Leave llodel dome Adv;:r►c7sirg Sign at Intersection of Baler Roaa and T.H. 5. The r Tanager reviewed fir. Henni ng's request with the Council . He stated that he did not recommend a permanent type sign (put in the ground). Mr. ricCullaCh suggesterl that perhaps an attractive sign could be placed at an intersection for each development,of a like size and type style hung one below each other indicating direction with an arrow. It was the Council 's feeling that granting special use pernits for signs could only create citizen and novernment probl erns. COLMCi l llecti ng February 13, 1973 I Page Hi ne A motion was Blade by firs. Meyers to instruct the Village Manager to request Ur. Henning to remove his sign and suggest that the Village allow sandwich type signs on week-ends until such tine as Edenvale i has submitted the total sign package/graphics. Planning Commission recommendations of January 29, 1973 are included in this notion as fol 1 ovis: a. No good cause was shot-in to give a special use permit or to change the existing ordinance; therefore, the sign should be removed. b. Edenvale should be asked to submit and have approved the total sign package/graphics for Edenvale and establish firm time schedules for construction. c. A policy should be established that the Village Staff may use for all development signs that restrict their placement to on-site locations, not on all main Village roads. Mr. Coerger seconded. All voted aye. Potion carried. D. Village Clerk Report: 1. Village Clerk's Recommended License Application list. It was the feeling of the Council that this list should be approved by the Inspections Department as well as the Clerk. The matter was continued to the February 27th meeting. 11I1. FINAMCES A. Payment of Claims Ho. 1321 through 2477 . A Motion was made by fir. Penzel to approve clains no 1321 through 1477 for payment. Sir. Boerger seconded. On roll call , all voted aye unanimously. Piotion carried. B. Cash a Investment Report. A motion was made by fir. Penzel to accept the Cash & Investment Report. Vr. Redpath seconded. All voted aye. Motion carried. The meeting adjourned at 11:50 on February 13, 1973. Time continued meeting adjourned at 11 :15 on February 14, 1973. l Edna o m en, er