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City Council - 09/25/1973 - Village Meeting y MINUTES - x EDEN PRAIRIE VILLAGE COUNCIL T TUESDAY , SEPTERBER 25 , 1973 7 :00 P.M. VILLAGE HALL Council tiembers : Mayor Paul Redpath , Councilwoman Joan Reyers , Councilmen Wolfgang Fenzel , Roger Boerger , John i.;ccul loch. s Council Staff: Village Attorney Harlan Perbix , Clerk John Frane a. a= I . PRESENTATION BY 0AYOR D. R. HIEDTKE OF ST ANTHONY PRESIDENT OF z N LEAGUE OF i-JUNICIPALITIES . s II . MINUTES OF REGULAR FLEETING HELD SEPTEiiSER 11 , 1973 . A motion was made by Mr. Boerger seconded by Mr. Penzei to accept the minutes of September 11 , 1973 , as published. Motion carried . 'III . PUBLIC HEARINGS : A. Condor Corporation, request for rezoning from Rural to I2-PRK for the westerly 300 plus feet behind the 400 foot strip along Washington Avenue, currently zoned I2-PRK. Mr. Putnam, Village Planner, explained the project ' s background and recommended denial of the rezoning request based on the facts that the Smetana Sector Study, which will amend the 197608 -- Comprehensive Guide Plan , has not been approved ; possible location changes in county and village roads; and lack of utility service by Edina for the additional 300 feet. Interest- ed property owners and the Planning Commission have met regard- ing the planning of the sector and it is hoped that the study would be completed within the next month. Possible additional Planning Commission meetings may be scheduled to work on the sector study. Condor representative Jim Smuda stated that their request trig- gered so many other considerations for the area that perhaps the request is : being lost sight of in terms of its scope. He felt that effort had not been made by the Planning Commission to look specifically at their problem. The question of the road was resolved at the request of the Commission and addi - tional monies spent for replanning the site . 14r . Smuda re- pur ted that Messrs . Helle and Pearson have no objections to Con- dor ' s plans and the two residential dwellings are over 1 ,000 feet from the site . It was requested that the Council either approve the rezoning request or ask the Planning Commission to give this project priority. A motion was made by fir. Penzei seconded by Mr. Boerger to con- tinue the hearing until October 23 , 1973 . Motion carried unanimously. w Council Meeting -2- September 25, 1973 B . Basswoods site a2, 5 .34 acres in The Preserve, request rezoning for town ouse dwelling units from Rural under PUD 70-3 to ( Rbi 6 . 5 . Hr. Dick Schwarz , architect for the project , explained the site plan and the location of the six four-unit buildings in re- lation to adjacent sites. A single entrance to the project would be off Basswoods Road with the six buildings situated around a circle. Regarding the recommendations of the Planning Commission , a closer study of the building locations will be } made at the time of staking . The recommendations made by the Q Commission were agreeably received . In answer to Mr. Penzel ' s query, li•ir. Schwarz indicated that recreational storage would be satisfied either by extending the garage or providing such in shielded areas of the circle . This will be more closely examined once the site is staked. It was Mrs . Meyers feeling that an attempt be made by the developer to satisfy the Planning Commission ' s seventh recom- mendation between the first and second readings of the ordi - nance and rezoning not be granted for a specific number of units . v A motion was made by ;•Ir. Penzel seconded by Mr. Boerger to approve the first reading of Ordinance No. 235 approving re- zoning for 24 townhouse dwelling units from Ural to RM-6. 5 , in conformance with the amended Staff Report dated August 29, 1973 and Planning Commission recommendations of September 4 , 1973 . Motion carried unanimously. A motion was made by Mrs . Meyers seconded by Mr. Penzel to withhold issuance of building permits until recommendations 1-6 of the Planning Commission report of September 4 are met to the satisfaction of the staff and the Council be so advised . Ffotion carried unanimously. C. St. John ' s Wood 2nd Addition preliminary plat for area located south of St. John ' s Hood st Addition. Mr. Jul l ie reported that there are some minor changes--St . John' s Drive will continue to the southern end of the site with a temporary turn around ; number of units decreased . Utility plans and proposals for street construction are in order and have been given preliminary approval . A motion was made by Mr . Boerger seconded by fir. Penzel adoptirg Resolution No. 768 approving the St. John 's Wood 2nd Addition preliminary plat with the inclusion of the recommendations of the Village Engineer in the April 13, 1973 and September 14 , 1973 Staff Reports . Motion carried unanimously. Council Meeting -3- September 25 , 1973 IV . PETITIONS, REQUESTS AND COMMUNICATIONS A. Letter commending Public Safety Department A motion was made by Mrs . Meyers seconded by Or. Penzel to re- ceive and file the letter of comr.c dation. Motion carried unanimously . B . Petition from approximately 300 Duck Lake area adults and Prairie View elementary students for a skating facility. A motion was wade by Firs. Meyers seconded by Mr. Penzel to receive and file the petition. Motion carried . A motion was made by Fir. Penzel seconded by Fir. Boerger to in- struct the Panager to make the necessary arrangements with the school district for a skating rink at Prairie View Elementary School . Motion carried with Council members Meyers , Penzel , Boerger and Redpath voting aye; McCulloch voting nay. V. RESOLUTIONS AND ORDINANCES A. Resolution N) . 770, a resolution approving 1974 Annual Budget. Areas for correction were pointed out and Mr. Frane stated that corrected pages would be available by the end of the week. Also , the budget would be reproduced with all corrections made. A motion was made by 1'4r. Penzel seconded by wars . Fleyers adopt- ing Resolution No . 770 approving the 1974 Annual Budget. Motion carried unanimously. B. _ Resolution No. 771 , a resolution certifying the 1973 tax levy colllectible in -PY74. Mrs . Meyers made the motion to adopt Resolution No . 771 certi - fying the 1973 tax levy collectible in 1974. Mr. Penzel seconded . Notion carried unanimously. VI . REPORTS OF OFFICERS, , BOARDS AND COMMISSIONS A. Report of Building Inspector : 1 . Recommendation of blanket setback variance for Edenvale 5th d ition . It was reported that modifications to the zoning ordinance would be forthcoming and Mr. Redpath and Mr. Penzel voiced opposition to blanket variances . A motion was made by Mr. Soerger seconded by Mrs . Neyers to grant blanket setback variance for Edenvale 5th Addition as recommended by the Building Inspector in his report dated September 24 . 1973 . i-lotion carried with Council members Redpath, Boerger and Meyers voting aye; Penzel and McCulloch voting nay. Council meeting -4- September 25 , 1973 I . Reports of Officers , Boards and Commissions ( Continued ) B . Report of Village Attor r. Perbix reported ane e landhold agreements on the Alex Oorenkemper Crestwood Estates are in and signed . However , there are technical questions on the title . Mr . Perbix will notify Mr. Jullie when further . action can be. taken . C. Report of Village Engineer 1 . A Drove -gradingand landsca in perm for ter. Calvin Ander- son for property located at the southwest corner of Hwy 169 and Hest 78th Street. part of Mr. Jullie stated that the request was made because the area is owned by the Village. Mr. Anderson would be changing the slope and landscaping the area with tree plantings . Mr. Perbix felt a letter of proposal should be written by Mr. Anderson with his signature and the map attached as an exhibit. A motion was made by Mr. McCulloch seconded by 14r. Penzel approving the grading and landscaping permit for Mr. Calvin Anderson for property located at the southwest corner of U.S . Hwy 169 and blest 78th Street pier plans dated September 11 , 1973 subject to the receipt of a letter of proposal . Motion carried unanimously. 2. Approve Change Order No. 2 for Improvement Contract 51-249 in the amount of $1 ,8 for correction of poor su grade ma- terials on Heather Avenue and Tamarack Trail . A motion was made by Mr. Penzel seconded by Mr. Boerger to approve Change Order No . 2 for I .C . 51-249 in the amount of $1 ,800 additional for subgrade correction on Heather Avenue and Tamarack Trail . On roll call , all voted aye. motion carried . 3. Approve Change Order No . 4 and final parment to Lametti & Sons Inc . for Improvement Contract 1- , sanitary sewer and aterma i n laterals for the Duck Lake area . A motion was made by Mrs . Heyers seconded by Mr. Penzel to approve Change Order No . 4 in the amount of $10 ,435.85 and final payment to Lametti & Sons , Inc .. for I .C. 51-241 in the amount of $1 ,570 ,659. 60 less previous payments and subject to receipt of lien waivers from ail materials suppliers and subcontractors plus one-year maintenance/warranty bond com- mencing September 25 , 1973 . fdotion carried with all members voting aye on roil call . Council Meeting -5- September 25 , 1973 VI . Reports of Officers , Boards and Commissions (cunt . ) C . Report of Village Engineer (cont. ) 4. Receive petition from Scenic Heights Addition residents for sanitary sewer and watermain laterals plus street paving . Mr. Boerger moved Mrs . Pleyers seconded to adopt Resolution IJo . 772 ordering preparation of a feasibility report for Projects SAN 73-1-27 and I-ITR 73-2-27 , Sanitary Sewer and Watermain laterals plus street paving for the Scenic Heights Addition . Motion carried unanimously. 5. Resolution requesting the Minnesota State Highway Department to install traffic signals at the intersection of T.H . 5 and i4itchell Road and construct turning and by-pass lanes along T.H . 5 from I-494 to western Village limits . A motion was made by Or . Penzel seconded by Mrs. Meyers to adopt Resolution No . 773 with the following additions : WHEREAS , a safety azard is created by school buses turn- onto T.H. #5 . and to the last paragraph add this phrase : and correspondirj y , lowering the speed limit vest to the intersection of County Road 4 . Motion carried unanimously. D. Report of Director of Parks and Recreation I . Consideration of Anderson Lakes Park Development Concept. iir. Jessen explained the staff report to the Park and Rec Commission as well as its recommendations . The status of park land acquisition was also reported with 52.93 acres purchased by the Village ; 43 . 98 acres acquired through con- demnation ; 21 . 15 acres optioned by the Village; 113. 55 acres included in the Village ' s 1974 LAWCON Grant Application ; and 8 single family houses on 1 - 1 . 5 acre lots to be acquired later. The concept of encircling the park area with fencing was dis- cussed and it was pointed out that fencing would not prevent wildlife from using the area but would protect the habitat from the invasion of people . Bloomington residents are a- ware of the concept plan. Mr. Jessen will be looking at the capital improvements pro- gram. Some of the fencing should go in in 1974. Additional grant monies could be applied for. A motion was rude by Mr . Penzel seconded by Mr. Roerger to approve the "Nature Center" Concept as exemplified inthe recommendations in the August 27 , 1973 Staff Report to the Park and Recreation Commission. Motion carried unanimously. • Council Heeting -6- September 25 , 1973 VI . Reports of Officers , Boards and Commisions (Cont . ) D. Report of Director of Parks and Recreation 2 . Request by Eden Prairie Schools for use of furniture from the Teen Center at Round Lake Par for the "14ini -School Program." A motion was made by P9r. Boerger seconded by 14r. Penzel to give the furniture from the Teen Center at Round Lake Park to the School District for the "Mini-School Program" . Motion carried unanimously . 3. Offer bx William Cooper to donate land located at 175th Ave. Uest and 66th Street to the Village for park purposes . A motion was made by Mr. McCulloch seconded by Mr. Penzel accepting William Cooper ' s donation of property located at 175th Avenue Test and 66th Street ; abating all special assess- ments payable on the land ; and assuming responsibility for the last half of the real estate taxes due and payable in 1973. Motion carried unanimously. 4. Bryant Lake Water Quality Analysis . Or. Jessen reported that the purpose of the study is to help in determining the use of the park area . Half of the cost of the study--$12 ,000--would be assumed by Eden Prairie un- less other communities participated . A motion was made by Ors . Neyers seconded by Mr. McCulloch to instruct the staff to continue to seek to broaden the financial participation and to enter into a Phase I joint study with the cline Mile Creek Watershed District. Motion carried unanimously. S. Recommendation to apply for "Beautification Funds" from the Feline Mile Creek Watershed District for grading and plantings at Bryant Lake Park and for plantings along Nine Mile Creek in the area of new Highway 21.2. A motion was made by Mr. Penzel seconded by Mr. Boerger to authorize the application as outlined in the Park and Recreation Director ' s report of September 19, 1973 . Motion carried unanimously. A motion was made by Mrs . Neyers seconded by fair. Penzel in- structing the Director of Parks and Recreation to contact the highway department about the site along Hwy. 212 and to tell them that we expect them to comply with the site improvement plans along Nine Mile Creek this fall . Motion carried unanimously . Council Meeting -7- September 25 , 1973 VT . Reports of Officers ,. Boards and Commissions (Cant. 1 D. Report of Director of Parks and Recreation (cont . ) 6. Discussion of Leaf Recycling Center--consideration of alter- native sites , etc. Mr. Jessen explained that the original site considered was not obtainable; therefore, a site west of Franlo Road and north of County Road 1 and a sitte in the Birch Island area are under consideration. Consideration of the Franlo site has prompted letters both objecting and favoring the loca- tion of the center; the Birch Island site is not desirable because of the trees . A motion was made by fair. Penzel seconded by Mr . Boerger to w. authorize the relocation of the Leaf Recycling Center to the Franlo site given the written assurance from the county for screening and other controls . (lotion carried unanimously. D. Report of Finance Director 1 . Resolution No . 769 awarding bid on 1974 - 3/4 ton 4 wheel drive cab and chassis truck for Utility Division in the a- mount of $3 ,695 to Ford Freeway Notors. A motion was made by Mr. Boerger seconded by Mr. Penzel to adopt Resolution No. 769 awarding the bid on 1974 3/4 ton . four wheel drive cab and chassis truck for the Utility DWision in the amount of $3, 695 to Ford Freeway Motors. On roll call , all voted aye. Motion carried . F. Report of Village Clerk 1 . Village Clerk ' s Recommended License Application List dated September 25, 1973 . A motion was made by fair. Penzel seconded by Mr. Boerger approving the Clerk' s License Application List of September 25 , 1973 . Ootion carried unanimously. VII . FINANCES A. Payment of Claims No. 2624 - 2701 . A motion was made by firs . Fieyers seconded by Fir. Penzel to approve payment of Claims No. 2624 - 2701 . On roll call , all voted aye. fdotion carried . j Council Meeting -8- September 25 , 1973 A motion was made by Mr . Penzel seconded by Mr. Boerger to refer to the Village Attorney the Karl H . Krahl summons--an appeal from �. special assessment levied against his property. Motion carried unanimously. A motion was made by Mr . Penzel seconded by Mr. Boerger to refer to the Village Attorney the Robert T. Brown supplemental order to show cause . Motion carried unanimously . A motion was made by Mr . Boerger seconded by Mrs . Meyers - to appoint Eleanor Beale to the Human Rights Commission-. Motion carried unanimously. A motion was made by Mr . McCulloch seconded by Mr . Boerger to main- tain the polling places for the upcoming Village election at the Lutheran, Methodist , and Presbyterian churches . All voted aye with the exception of Mrs . Meyers who voted nay. Motion carried . The question was raised about the. Feeders proposal and Mr . Heinrich reported that the evening ' s agenda did not include the matter be- cause the various Commissions and Village staff had not had the opportunity to review it . The meeting adjourned at 11 :15 p .m. Suzanne K. Lane , Deputy Clerk 77 C