City Council - 08/28/1973 - Village Meeting MINUTES
EDER PRAIRIE VILLAGE COUNCIL
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TUESDAY , AUGUST 28, 1973 7 :30 P.I1. VILLAGE HALL
Council Members : Mayor Paul Redpath, Councilwoman Joan Heyers ,
Councilmen John McCulloch, Wolfgang Penzel , and
Roger Boerger.
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Council Staff : Village Manager Robert P. Heinrich
Attorney Keith Simons
I . MINUTES OF REGULAR FIEETIMG HELD AUGUST 14, 1973.
A motion was made by tars . Heyers , seconded by 14r. Penzel , to
approve the minutes of August 14 , 1973 as published. All voted
aye; motion carried.
II . PRESENTATION TO MAYOR PAUL REDPATH .
Firs . Heyers presented Mayor Redpath with the Certificate of
Commendation on behalf of the League of Minnesota Municipalities .
The certificate reads as follows : "The Certificate of Commenda-
tion is presented to Paul R. Redpath as a nominee for the C. C .
Ludwig award for distinguished municipal service. "
III . PUBLIC HEARINGS :
A. Project STH 73-4-17 , Storm Sewer Improvements for the Neill
Lake Drainage BasiF.
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Fir. Judie pointed out the area to be included in the project
as shown in the feasibility report of August 8 , 1973. He ex-
plained that the purpose of the project was to replace and
expand the county system of drain tiles and ditches . The
project, he stated , has been divided into four systems--Eden
Lake, Olympic Hills , Neill Lake , and Outlet.
Total cost of the project is estimated to be $723,534 which
mould be assessed within the boundarylimits. The assessment
rates would be computed in proportion to the amount of rainfall
fall runoff from the properties involved which can be consider-
ed a function of land use. Runoff, for instance , would be
2 times greater off commercial than residential ; 1--1/2 times
greater off multiple family residential and school sites ; the
same off golf course properties . Therefore the estimated
assessment rates would be :
$ 600/acre for single family detached residential and
golf course properties .
$ 900/acre for multiple family residential and school
sites .
$1200/acre for commercial property.
If approved , the staff would proceed immediately with the �
preparation of plans and specs ; bids obtained in October;
Council Heeting -2- August 28 . 1973
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and anticipated completion by the summer of 1974 . The project
assessment hearing would be held about a year from now. It
would be the staff' s recommendation that owners of homes
built prior to June 22 , 1971 , be given special consideration.
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Mr. Heinrich replied to the questions stated in a letter from
The Preserve dated August 23 , 1°73.
Mr. Bob Schumacher , representing Olympic Hills , referred to
his letter which is on file in the engineer ' s office. It
was their feeling, he said , that golf courses should not be
assessed the same as single family residential and that
some credit should be received since a dike type structure
with pump was built near Neill Lake.
Mr. Gil Darkenwald , owner of 10-1/2 acres of land on Eden
Lake, was assured that no public access would be granted `
through his property to the perhaps 20' public area next to .
the 'ake.
A motion was made by Mr. Penzel seconded by Mr. Buerger clos-
ing the hearing and adopting Resolution No. 756 ordering
improvement and preparation of plans and spec ications for
Project STH 73-4-27 . Notion carried unanimously.
S . Vacation of Franlo Road between the Ring Road and U.S . 169/
12. Requested by The Preserve.
A motion was made by Far. Boerger seconded by Mr. Penzel to
adopt Resolution No. 757 vacating Franlo Road between the
Ring Road an / 12. Motion carried unanimously.
C. Briarhill F.H .A. 236 multi-family development, Shelter
eve opment Corporation.
Hr. Heinrich stated that because the feasibility was approved
by HUD at $21 ,700 less than the mortgage requested and chang-
ing site evaluations , a better site plan resulted . The
August 21 Planning Commtission report on Briarhill was ex-
plained .
Mr. Tom LaSalle of Shelter introduced Mr . Nick Talaia , an
architect, who compared the two site plans and explained the
changes .
Pir. McCulloch expressed concern about the financial stability
of Shelter and Mr. LaSalle replied that Shelter is as stable
as other land developers, and that there would be no problems
with this development.
A motion was made by Mrs . Meyers seconded by Mr. Penzel approv-
ing the revised site plan required an the basis of the F.H.A.
approval . motion carried with Mayor Redpath , Councilwoman
Meyers , Councilmen Penzel and Boerger voting aye ; Councilman
McCulloch voting nay. �
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Council Meeting -3- August 28 , 1973
C. Briarhill ( continued)
A motion was made by firs . Meyers seconded by Mr. Penzel ac-
cepting the site plan revisions presented in the report
dated August 3 , 1973 , by Shelter Development Corporation .
Motion carried with Mayor Redpath , Councilwoman Meyers .
Councilmen Penzel and Boerger voting aye; Councilman
McCulloch voting nay.
D. Olympic Hills Planned Unit Development, 32 acre residential
Bevel opment.
fir. Putnam, Village Planner, explained the soil and slope
problems on the wooded hillside which would be developed
with single family dwe-lings and on the peninsula which
would be developed with six duplexes . Also explained were
the recommendations of the Staff and Planning Commission.
Mr. Jim Morris , architect for Olympic Hills, explained the
site plan with its varied uses--single family residential ,
townhouses and duplexes .
A motion was made by Mr. Boerger seconded by Mr. Penzel to
adopt Resolution No . 761 approving concept plan approval of
Olympic Hills PUD, 32 acre residential development in accor-
dance with the Planning Staff Report dated July 23, 1973.
Motion carried unanimously.
E. Prairie East Planned Unit Development , 95 acre mixed residen-
tial , Hustad Development Corporation .
Mr. Bill Bonner showed slides of the area and explained the
site plan with its 41 single family lots . 76 townhouse units ,
and 6-8 terrace aprtment buildings or condominiums .
Mr. Redpath expressed concern that low to moderate income
housing - was not present in Hustad development. Mr. Hustad
said that the sector study was an adequate expression of
what they anticipate the land uses to be. They are looking
for a spot where this type of housing might logically happen
but it can't be found in their area ; possibly might have
to be designed .
A motion was made by Mr. Penzel seconded by Firs . Fleyers to
adopting Resolution No . 762 granting PUD concept approval
for Prairie East PUD for 95 acres of mixed residential .
Motion carried unanimously.
A motion was made by Mr: -Penzel seconded by Mr. Boerger
approving the first readina of Ordinance No. 231 , amending
Zoning Ordinance reclassifying approximately 21acres from
Rural to R1-13 . 5 for 41 single family lots . Motion carried
unanimously.
Council Meeting -4- August 28, 1973
E. Prairie East (continued)
A motion was made by Mr. Penzel seconded by Mrs . Meyers
adopting Resolution No. 753 granting preliminary plat approv-
al for the 21 acre s gn a familyplat , R1-13 . 5 subject to the
Engineer ' s Report of August 23 , 1973. Notion carried unani-
mously.
F. Basswoods Forest, single family subdivison located in The
reserve. Requesting rezoning from Rural in approved PUD
70-3 to R1-13_5 for 20 acres and 36 single family detached
lots.
The Preserve's letter of August 28 , 1973 , requesting a blanket
variance from the side yard requirements was discussed. Mr.
Jul l i e stated that this type of variance is consistent with
what has been done in other areas. These variances give
flexibility to the builder to save trees , build larger homes.
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Mr. Penzel felt thatAindividual variances should be granted
and requested that the staff investigate the variance situ-
ation .
A motion was made by Mr. Boerger seconded by Mr. Penzel to
approve the first reading of Ordinance No. 229 to zone Bass-
woods Forest to R1-13. 5. Notion carried unanimously.
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A motion was wade by Mr. Boerger seconded by Mr. Penzel to
adopt Resolution No. 758 approving the final plat of Basswoods
Forest including the variance as requested in The Preserve ' s
letter of August 28, 1973 , which stated the side yard require-
ments in the second paragraph. Motion carried with Mayor
Redpath, Councilwoman Meyers , Councilmen Boerger and Penzel
voting aye; Councilman McCulloch voting nay.
IV. PETITIONS, REQUESTS AND COMMUNICATIONS :
A. Letter dated August 9 1973 from Riley-Purgatory Creek Water-
shed str ct .
A motion was made by Mr. Penzel seconded by Mr. Boerger to
receive and file the Riley-Purgatory Creek Watershed District
letter of August 9, 1973. Motion carried unanimously.
B. Petition dated August 25 , 1973 , from property owners near the
intersection or T.H. 15' and'Mtchel Road.
A motion was made by Mr. Penzel seconded by Mr. Boerger to re-
ceive and file the August IS , 1973 petition and instructed
the manager to convey to District 5 Highway Department the
Village ' s concern about the hazards of, turning lanes and ,
tights on T.H. 05. Motion carried unanimously .
Council Meeting - 6- August 28. 1973
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V1 . REPORTS OF OFFICERS , BOARDS AND COHNISSIONS :
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A. Village Attorney Report :
1 . Consideration of ordinance amending the ordinances es-
tablishing the Planning Commission , Park & Recreation
Commission , and Human Rights Commission , modifying the
membership and required quorum.
A motion was made by Mrs . ideyers seconded by Mr. Penzel
approving the first reading of Ordinance No. 233 amend-
ing Ordinance Wo .30 establishing the Planning Commission ,
Ordinance No . 112 establishing the Park & Recreation
Commission and Ordinance No. ill establishing the Human
Rights Commission. Motion carried unanimously.
2. Summons from Brooklyn Center.
A motion was made by Mrs . Heyers seconded by Mr. McCulloch
authorizing the Village Attorney to respond supporting the
Metro Council and sewer board. Motion carried unanimously.
B. Village Engineer Reports :
1 . Final Plat of Crestwood 73 , Alex Dorenkemper.
A motion was made by Mrs . INeyers seconded by Mr. McCulloch
adopting Resolution No . 759 approving Final Plat of Crest-
good 73 . Motion carried unanimously.
The Manager was instructed to submit to the Council a copy
of the land hold agreement or progress report .
2. Consideration of agreement with Barr Engineering Company
or engineering services on roject STM 73-4-17 .
A motion was made by Mr. Penzel seconded by Mr. Boerger to
approve the agreement with Barr Engineering for services
on Protect STH 73-4-17 . ;Motion carried unanimously.
C. Village Manager Reports :
1 . Award bid on backhoe-tractor-highlift combination.
A motion was made by Hrs. Meyers seconded by Mr . Boerger
adopting Resolution No . 755 accepting the low bid of Val -
ley Equipment Co . in the amount of $12,586 for a John
Deere Backhoe-Tractor-Highlift Combination. On roll call ,
all voted aye . I•lotion carried .
2. Reaffirming Federal LA! CON assistance for open space ac-
quisition for Fiscal Year 19 4.
A motion was made by Mr. Penzel seconded by Mir . Boerger to
adopt Resolution 754 submitting preliminary application
for Fiscal Year 1974 Federal LAVICON assistance . Motion
carried unanimously.
Council Meeting - -5 August 28 1973
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C . Petition dated August 15 1973 , from Eden Land Corporation
for extension of Mitchell Road .
A motion was made by Mr. Penzel seconded by Mrs . Meyers to
receive and file Eden Land Corp ' s petition of August 15 ,
1973 . Motion carried unanimously.
V. RESOLUTIONS AND ORDINANCES :
C. First reading , Ordinance No . 230 , permitting cash contribu-
tions in I ieu of land for pu5lic park use and open space con-
sistent with the provisions of 1973 State Statutes .
A motion was made by Mr. Penzel seconded by Mr. Boerger to
approve the first reading of Ordinance No . 230. Motion i
carried unanimously.
A. Second reading , Ordinance No. 227 , for Creative Housing , Inc .
District Rural to R1-13. 5 for 14 acres .
A motion was made by Mr. Penzel seconded by Mrs . Meyers to
approve the second reading of Ordinance No. 227 but to with-
hold publication until a settlement of 0 in lieu of
park land dedication is reached . Motion carried unanimously.
B . Second reading , Ordinance No . 186 , Tree Disease Ordinance.
A motion was made by Mr. McCulloch seconded by Mr . Penzel
to approve the second reading of Ordinance No . 186. Motion
carried unanimously.
D. First readinq , Ordinance No . 232 an ordinance changing the
street name of Atherton RoaTwithn Atherton 2nd Addition to
Chestnut Drive .
A motion was made by Mrs . Meyers seconded by Mr . McCulloch
approving the first reading of Ordinance No . 232 . Motion
carried unanimously.
E . Resolution No . 760 , commenting on the Comprehensive Phase
III , A Community Development Guide for Minnetonka , Minnesota ,
as it affects Eden Prairie.
A motion was made by Mrs . Meyers seconded by Mr . McCulloch
to adopt Resolution No . 760 , commenting on Minnetonka ' s
Comprehensive Phase II Development Guide . Motion carried
unanimously.
The staff was requested to send the resolution to the Metro
Council and neighboring villages for their review.
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Council Meeting -7- August 28 , 1973
3 . Consideration of Motorcycle Patrol .
Mr . Hacking explaining his report of August 21 , 1973 ,
stated why a motorcycle patrol would be valuable to the
community . . . hiking and biking trails would be accessible ,
undeveloped areas , parks , playgrounds , neighborhoods .. tot
lots and parking areas in townhouse complexes would be
more easily patrolled .
A motion was made by Mr . McCulloch seconded by Mrs . Meyers
authorizing the Village Manager to implement a Motorcycle
Patrol and to receive with appreciation the anonymous
gift of a fully radio-equipped motorcycle for this Patrol
from an Eden Prairie resident. Motion carried unanimously.
4 . Consideration of membership in the seven-county Suburban
League of Municipalities and/or membership in the Metro=
politan League of Municipalities .
A motion was made by Mr. Boerger seconded by Mr . Penzel
endorsing membership in the Metropolitan League of
Municipalities with dues of $696. Motion carried unani -
mously.
5 . Bryant Lake Cooperative Study.
Mr. Heinrich reported that Minnetonka turned down with re-
gret participation in the Cooperative study by a newspaper
article.
A motion was made by Mrs . Meyers seconded by Mr . Penzel to
instruct the Manager to draft a letter to the Nine-Mile
Creek Watershed District requesting them to solicit Minne-
tonk ' s financial help for the Bryant Lake Cooperative study.
Carried.
6. Request from Eden Land Corporation for a meeting .
Mr . Peterson has requested a meeting with the Council
to discuss their economic picture. This meeting was set
for September 6 at 7 : 30 after which the budget will be
discussed .
D. Mayor ' s Report :
1 . Announcement - Joint Council /School Board meeting on
Thursday , August 30 , 1973 , in Industrial Conference Room
at Suburban Hennepin Vocational -Technical School at 7 :30.
2 . Zip Code Application for Eden Prairie.
A motion was made by Mr. Penzel seconded by Mr . McCulloch
adopting Resolution No . 763 requesting assignment of a
zip code number to the i age of Eden Prairie by the
U. S . Postal Service. Motion carried unanimously :
Council Meeting -8- August 28 . 1973
E . Village Clerk' s Report :
1 . Village Clerk' s Recommended License Application List
dated August 28 , 1973 .
Mr. Douglas stated that the four dogs are in a fenced
area and are only outside the home for several hours .
The next door neighbors--Chermack and Franchuk have no
objections to the dogs . Complaints from other residents
of the neighborhood have been received , however , and
have been investigated by the Manager and Public Safety
Director.
A motion was made by Mrs . Meyers seconded by Mr . Penzel
approving the License Application List of August 28, 1973
with the private kennel license to expire December 31 ,
1973 and the situation to receive close observation.
Motion carried unanimously.
VII . FINANCES:
A. Payment of Claims No . 2338 - 2556.
A motion was made by Mr. Penzel seconded by Mrs . Meyers to
approve payment of Claims No . 2338-2556 . 0n roll call , all
voted aye. Motion carried.
B . Cash and Investment Report.
A motion was made by Mrs. Meyers seconded by Mr. Boerger to
accept the Cash and Investment report dated August 1 , 1973 .
Motion carried unanimously.
The meeting adjourned at 12 : 50 a .m.
Suzanne K. Lane , Deputy Clerk