City Council - 02/27/1973 - Village Meeting MIEUTES
LUEN PPAIVIF VILLAGE COUt,CIL
Tuesday, Februar.- 27, 1973 7:30 P.H. , Villaqe Fall
Members present were: flavor Paul R. Redpath, Councilmen Penzel and
Doerger and Council,•oman Joan ileyers. r11 so )resent was Village Manager,
Robert P. H,2inric;), Village Attorney, ". Harlan f erbix and Clerk, Edna
fl. Holmgren.
I. ;1I LUTES OF REGULAR f DEETING HELD FEBRUARY 31 , 1973
A motion +-as made b,r fir. Soerger to approve the ninutes of February
13th with the follotring corrections:
a,.a e 1 . II . Presentation of Housing Task Force Report. Addition to
±?aragrapfl. sirs. Sonja Anderson, Co-Chairwoman of the Task Force
rev i ei fed and -resented the report to the Council . S'ee stated that
t:ie Task Force had reouested t`iat a nobi 1 e home stud-, he made in.
renard to design, construction an r acement on location.
Pane 3. Paragra-h 3. That private restrictions and covenants shall 1>e,
etc.
Page 3. D. The Oaks. Zaclinan Homes, Inc. Paragraph 1 . 2nd Sentence.
It is rroposed on 86 acres which mould contain cluster homes and
townhouses.
Pa e�4�. Paranra h 2. 4th Sentence.
Garens, ast aLane'felt that it would not.
Pa a 4. 5th Paragraph. Item 2. A motion was made by Mrs. Heyers to
pt Re�utio� o. 644,E'denvale 6th Addition with the recommendations
in the February 6th Planning Commission minutes 1 through 7 e)cluding
4 and the recommendations regarding placing of traffic signs by the
Public Safety Director dated February 8. 1973.
Paste G. Item C. Ordinance No. 203. Paragraph 2. A motion vias made by
Mr. fl u"Iloch to continue the second reading of Ordinance No. 203
on February 27th. Mr. Penzel seconded. All voted, etc.
Page 7. Item C. Resolution No. 651 . A motion was made by sir. Penzel ,etc..
Page 8. Item G. Last Paragraph. A motion was made by Mr. Penzel
adopting Resolution flo. 655 accepting the feasibility reports of the
Red Rock, etc. rlrs. He4yers seconded.
MINUTES OF JANUARY 23, 1973. Page 3. Par_a�raaphh 5. Sentence 3.
All votea no unanimously. Mt on denied.
Uith these corrections, Nr. Penzel seconded. All voted aye. [lotion
carried.
MINUTES
Page 2
February 27, 1973
II. APPOINTMENTS
A. (1ayor's Appointment of F1rs. I:av Frick to Advisory Committee-CATV.
A motion was made by Mrs. Meyers to approve the Mayor's appointment of
firs. Kay Frick to the Advisory Committee-CATV. Mr. Penzel seconded.
All voted aye. Motion carried.
B. Mayor's Appointment of Mr. Rau Earls as Assistant deed Inspector.
A motion was made by F'r. Boerger to approve the Mayor's appointment of
Mr. Ray Earls as !Assistant Ileed Inspector. Mrs. Meyers seconded. All
voted aye. fiotion carried.
III. PUBLIC HEARINGS
A. Creekwood Estates, Hustad Development�Corp. Rezoning from District F
Ural to RI 13.5. First Reading..-Ordinance No. 206. re iminaru_
Plat Approval . Resolution flo. 64b.
Bill Bonner, Hustad Development Corp. presented and reviewed the Creek- ;t
wood Estates project. It is located on 26 acres containing 52 lots,
bordered on the south by County Road 1 , on the west by Creek Knoll Road,
(� on the north by Purgatory Creek and on the east by the Pleasant Hill
Cemetary. Mr. Bonner reviewed the creek dedication near Creek Kroll Road
on the west and north part of the project. He noted the rather distinct
ridge which falls array from the Creekwood project and to the creek
very steeply. He further talked about the low area on the north and
east side of the Creekwood Estates. ile stated that Hustad Development
Corp. was doing further study on that area and requested additional
time to consider the alternatives and to work with adjacent land owners.
He further reviewed plans for dedicating land to the Village for creek
trailway and preservation purposes. He further stated that the north
boundary and the northeast corner of the project are would be considered
at a later date.
Thcr.> b0i;.9 nu furt,.rr discussion, Mr. Fenzel made a motion to close
t1,e iiearing aid adopt t.ie first reading of Ordinance No. 206. firs. r1eyern
srcunded. ill voted ave. Motion carried.
firs. fle.yers made a motion to adopt Resolution 1:o. 645 ap-.xoving tiie
Preliminary plat of Creekwood Estates including Planning Commission
recommendations of February 20, 1973 deleting item 4 ►sith the following
suL,stitution: That this prat be granted variances un Lots 4, 5 and 6
of Block I for possible lot size reduction. 11r. Penzel seconded. All
voted aye. notion carried.
G. Casswoods, Site d2, The Preserve, Clark Z. Jones. Recnuest for Rezoning
i from District Rural to 1,41 2.5. First Re rdina'`c o. 209.
Preliminary Plat Approva . kesoT_u_tir-o fdo. 643.
f I i:UTES
February 27, 1973
Page Three
Dick Putnam, Villago Planner and Stoat Godin, iiark Z. Jones reviewed
and presented the Basswood, Site d2 project. Mr. God-In reviewed the 4
site plan with revisions after meeting with members of the various
commission, the Village Planner, the Developer and Architect in order
to determine if the buildings should be located as far i►ito the woods as
indicated on t'.:e initial plan. The revised plan would drop four units,
bringing the total to 62 units rather trhan 70 units. The easterly building
would now be in a straight line by approximately 4:0 feet pulling it almost
entirely out of tile woods. The revised plan indicates a distance of over
100 -Meet between the buildings. Parking is provided on this site for,
approximately 24 guest spaces in front of the units with the remaining
parking under tile building at a relationship of approximately 1% spaces
per unit. lir. Putman stated that revisions to the site plan have been
centered around the basic issues of balance between buildings anti preservation
of the natural site. f1inimizing of the tree darhage and maXinizing or the
views for tile units into the woods and the viers to the north toward
Anderson Lakes is an ideal feature of this building site.
firs. i ieyers cei mended the developer and architect for the wort: done on
this project to improve it.
There being no furtiher discussion, Mr. Boerger made a motion to close
the hearing avid adopt the first reading of Ordinance No. 209 rezoning
Basswoods site d2 from District Rural to I111 2.5. Mr. Penzel seconded.
All voted aye. Notion carried.
A motion was made by Mr. Penzel to adopt Resolution No. 614$ approving
the preliminary plat of Basswoods, Site D2 including; the Planning
Commission recor=endations of February 20, 1973. 14r. Boerger seconded.
A11 voted aye. Motion carried.
C. Improvement Fiearinq for Extension of Sanitary Sewer Along West 78th
Street from Purgatory reek to kosemOun knc inee� Company:iT=7-25.
Res-- lution ilo- 649.
Dave Husby, Rieke, Carroll Huller presented and reviewed the extension
of sanitary sewer along West 78th Street. lie stated that c-lhen they first
reviewed the project the estimate cast had been GO,Of?0 but after soil
tests the area was found to contain some bad material hence the $120,000
cost had been estimated. I
Paul Anderson, !Attorney representing his father Calvin Anderson appeared
to oppose the installation of pipe. His father feels that the lard is
not buildable or feasible at this point because of Highway 212 plans and
flood plain, asked that it be rejected. fir. Husby stated that only the
buildable property would be assessed at the present time but that it trould
be reassessed when more property becomes buildable. The tlanager stated that
nothing would be assessed in the flood plain. lie also said that Rosemount
Engineering has a great need for utilities. Dick Putnam, Village Planner
noted that as long as tihe property was being filled, there must be the
intent to use.
,E
MI(LUTES 1
February 27. 1973
Page Four
There being no further questions or discussion, Mr. Boerger made a motion
to close the hearing and adopt Resolutions No. 649 approving the extension
of sewer on Wiest 78th Street and order plans and specs be prepared. Mr.
Penzel seconded. All voted aye. Notion carried.
D. Improvement Hearing for Extension of Water Service to the Area Around t
and Including Rosemount Engineering Company. 11TR ' -B-Z Resolution
4o. 6G1.
Fred Uhiting, Black & Veatch presented and reviewed the extension of eater
service on West 78th Street project. He recommended that after exploring
several ways of serving this area with water, lie felt that the service
be provided from a lateral water main which will extend west approximately
2330 feet fron, a connection to a proposed 16 inch trunk water main alone
Flying Cloud Drive. He also recommended that the lateral main be constructed
on the north side of the right-of-wdy of lath Street due to topography
considerations. The proposed water main to serve Rosemount area would be
12 inches and he feels that this will be adequate to provide dependable
service and also future developments in the area.
Paul Anderson again objected to the project, feels that the Village
is asking them to subsidize Rosemount.
�. There being no further questions or comments, Mr. Boerger made a motion
to close the hearing and adopt Resolution No. 661 approving the extension
of water service to the area around and including Rosemount Engineering
Company and order plans and specs be prepared. Mr. Penzel seconded. All
voted aye. Motion carried .
IV. ORDINANCES AND RESOLUTIONS
A. Second Reading, Ordinance No. 203. Eden Farms. Reclassification
of 11 Lots from District Rural to
This item was postponed until ilarch 13, 1973.
B. Second Reading Ordinance No: 208. Basswoods, Side b. The Preserve.
Rezoning from Uistrict Rural to Rfl 6.5.
A +notion was made by Mr. Penzel to adopt the second reading of Ordinance
No. 203 and order published. Mrs. Neyers seconded. All voted aye.
i4otion carried.
C. Homart Development Company. PUD Concept Approval of Approximately
100 acres. Resolution No. 660. ezoningf Shoppin hallan
Par� Area froni U Tstrict Rural to - e Ional Shopping-Eden Prairie
Center. Ordinance No. 213, FirsE Reading.
Dick Putnam presented and reviewed the proposed shopping center located
on approximately 100 acres bounded by West 78th Street to the north,
U.S. Highway 169/212 to the west and the proposed Ring Route to the
south and east.
February 2'j, 19`T3
Page Five
Mr. Putr_tua reviewed a condensed version, of a Staff Report on this project.
He reviewed his reco=endatioris 1 through 7 in regard to the PUD Concept
Plan, future development, C-Re gional. zoning;, etc. Village Attorney,
Harlan Perbix suggested that; this report be made a part of the resolution
approving the Concept Plan and also the Planning Report of December 29,
1972•
A motion was made by Mr. Boerger -to close the hearing and adopt Resolution s
No. 660 ap -i provn the PUD Concept Plan for -the Homart Shopping Center.
Mr. Penzel seconded. All voted aye. Motion carried.
A motion was made by Mr.Penzel to adopt the first reading of Ordinance
No. 213 approving reclassification of the Shopping Hall and Parking Area {
fron District Rural to C-P.egional Shopping. i;rs. tieyers seconded. All
voted aye. iiotion carried.
V. PETITIONS, REQUESTS AND C01ii-UNICATIONS
A. Letter from Riley-Purgatory Creek Watershed District, 2/14/73.
(Marty Jessen, Part: i• Recreation Director reviewed a joint venture proposal
for open space planning alone Purgatory Creek wit.i the Council . He stated
that he felt that the scope of the joint study ought to include management
planning for natural habitats and hydrologic cycle of the creek, recreational
planning for tine use of these resources and interpretive planning for en-
vironmental education and leisure education in the natural process. The
/ Riley-Purgatory Creek Watershed District stated in their letter of February
l lath that they would he Drilling to participate in a study at a cost of
$5,000 provided that the Village could also be billing to participate in
such a study and expend a similar amount. fir. Jessen stated that he
understood that this amount could be used out of the Contingency Fund
in order to match the Watershed District proposal .
.A motion was made by Mrs. 6leyers to request fir. Jessen to bring in more
detail for the (larch 13th meeting after working more with the Watershed
District and Brauer SA Associates. Mr. Penzel seconded. All voted aye.
(lotion carried.
VI . REPORTS OF OFFICERS, BOARDS AND COHNISSIINS
A. Report of Councilman (McCulloch:
Hennepin Count League of Municipalities Activities.
ir. McCulloch was absent from the meeting.
B. Report of Director of Parks and Recreation:
1. Status Report on Park 'ond Fund.
I-Ir. Jessen reviewed the Park Bond Fund Status Report dated February 20,
1973 for the Mayor aild members of the Council . Ile reported that the
current balance was $44,000; grants receivable of $292,896.25; purchases
payable of $519,OG2.50; grants receivable of $345,120.40 leaving a net
balance of $IG2,954.15. Future commitments in the amount of $1,2G5,230
v.,ere reporter! for Bryant Lake and Anderson Lakes options and grants
receivable in a like amount.
fi
Y
MINUTES
February 27, 1973
/ Page Six
2. Recommendation to Purchase Jim Boyce and Ed tloody Property
af faring Lake for FaFFFur—poses.
fir. Jessen recommended purchase of tiie Jim Boyce and Ed flood property
of 15.5 acres on the south side of Staring Lake between the lake and
Flying Cloud Airport. Tt-ro appraisals have been completed on the property,
one ordered by the Village indicated a market balue of $85,250, the other
by fir. Boyce and fir. Woody at $120,000. The 1970 market F'alue of the �
property was $87,000 and 1972 at $180,000. The Village can purchase the
land for cash at a price of $120,000. This parcel has been funded out
of the 1971 LAWCOtd money for a lesser amount $80,000; however, based on
the appraisal by Fir. Boyce and also based on the recent condemnation award
on the Blesi property across the lake from this parcel , fir. Jessen stated
that the $120,000 price appeared to be reasonable. He said an attempt
will be made to secure additional funding from LAlCON and State sources
to cover the increased cost.
A motion was made by t-ir. Penzel to approve the purchase of the Boyce/Woody
property for $120,000 for park purposes. firs. fleyers seconded. On roll
call , all voted aye. flotion carried.
3. Report on Condemnation Award for Gordon Blesi Property at
Staring Lake.
ilarty Jessen reviewed the Gordon Blesi condemnation award report dated
February 20, 1973 with the Mayor and members of the Council . He stated
that the condemnation commission had completed its hearing and filed
an award for the Blesi parcel as follows: Fee award $87,500 and $300
Appraisal Allowance. The parcel includes 10.591 acres plus a log cabin
in good condition. Tile Village had an appraisal done on the property
that indicated a value of $50,400. The landowner had an appraisal done
at $115,000. The value for tax purposes for 1973 is $75,900. He noted
that LAWCON funding for one-half of an estimated value of $63,000 had
previously been approved. The Village will seek a LAWCOII contract
amendment to cover the Federal Share of the increased cost. Fie said
that generally the Federal Share is increased when the cost is increased
as a result of a condemnation award.
A motion was made by Mr. Boerger to accept the condemnation award and
approve purchase of the Blesi property in the amount of $87.500 plus
$300 appraisal allowance if the property owner accepts. Mr. Penzel
seconded. On roll call , all voted aye. Motion carried.
4. Allocation of rioney to Survey Properties Along ffi ne Mile Creek
for Park Purposes and Conduct—a flatura i st Study of the Area
to be Used in the Design Process.
J
Marty Jessen, Park Director reviewed a request for funds to survey land
adjacent to Nine Mile Creek in the area of the recent park donation
from Northern States Power Company. Fie stated that the land that had
been donated was just viest of I-494 along Nine Mile Creek. The donation
came about because of the effort on the part of certain private land
III MUTES x
February 27, 1973
Page Seven F
owners in that area working in conjunction with the Village Staff and
northern States Power Co. in an attempt to develop a creekway trail
system/open space plan in that area. Included among these land owners
were the Howard Kaerwers, the Presbyterian Church and the Russell Marshs. r
Mr. Harsh has presented a development proposal for his laved, which
identifies the creekway for dedication as public open space. The Kaerwers
and Presbyterian Church representative have indicated a willingness to
donate the land owned by them to the Village. He indicated the only cost
to the Village in acquiring these properties would be for surveys necessary
to provide proper legal descriptions of the properties. It is estimated
that survey costs for these two parcels would be approximately $2,500.
By acquiring these two parcels, the Village would have ovmership to all
of the land along twine iiile Creek between 494 and Baker Road.
A motion was made by fir. Boerger to authorize survey work in the amount
of $2,500 for property along Pine Edle Creek to be used from the Park
Bond Fund. I4r. Redpath seconded. On roll call , all voted aye. Wtion
carried.
C. Report from Villa a Clerk:
Village er s Recormnended License Application list dated
February 1.3 3.
A motion was made by Mrs. Meyers to approve the Clerk's recommended
license application list dated February 27th. Mr. Boerger seconded.
All voted aye. [Motion carried.
D. Bid Award. Sub-Trunk Sanitary Sewer Improvement - Nine Mile One-A
SAIJ 72-1712.
A motion was made by Fir. Boerger to award the bid for the Nine Mile One-A
Sub-Trunk Sanitary Setter project to the loviest bidder American Contracting
Co. in the amount of $43,312. Mr. Penzel seconded. On roll call , all
voted aye. hiotion carried.
VII. FINANCES
A. Payment of Claims No. 1478 through�155_3.
A motion was made by Mr. Boerger to approve payment of claims no. 1478
through 1553 for payment. f1r. Redpath seconded. On roll call , all voted
aye. Notion carried.
Meeting adjourned at 11:20 P.M.
Edna Fly. I1ol tagren, CJtr ck
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