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City Council - 10/09/1973 - Village Meeting t MINUTES EDDI PRAIRIE VILLAGE COUNCIL a TUESDAY , OCTOBER 9, 1973 7 :30 P.H. VILLAGE HALL Council Members : Mayor Paul Redpath , Councilwoman Joan Meyers , Councilmen Wolfgang Penzel , Roger Boerger and John McCulloch. Council Staff : Village Attorney Harlan Perbix Village Hanager Robert P. Heinrich 1%1-I1RUTE OF REGULAR MEETING HELD SEPTEMBER 25 , 1973 . - The following correctionswere made : Page 4 , VI . B . : First sentence should read : Mr . Perbix reported that the landhold agreements on the Alex Dorenkemper Crestwood Estates are in and signed . Page 4 , VI . C. : Second paragraph , first sentence should read : Ur. Jullie stated that the request was made because part of the area is owned by the Village. Page -6 , VI . D. 5: Motion should read : . . . . . . . . . that we expect them - - - to .comp'ly with the site improvement plans along Hine Mile Creek . this fail . -Page 8 , Add : A motion was made by Mr. McCulloch seconded by Fir. Boerger to maintain the polling places for the upcoming Village election at the Lutheran , i*tethodist, and Presbyterian churches . All voted aye with the exception of Firs . Meyers who voted nay. iiotion carried . Mr. Heinrich reported on the Feeders Inc . proposal and stated • that the evening ' s agenda did not include the matter because the various Commissions and Village staff had not had the opportuni- ty to_ review it. The motion was made by Nr. Penzel seconded by fir. Boerger to accept the minutes of September 25, 1973 as corrected. !lotion carried unanimously. II . PUBLIC HERRINGS : A. Masters Condominiums by Weis Builders in Edenvale , request to rezone to R14-2. 5 for the construction of two 6*-story condominium buildings totaling 99 units at 13 .4 dwelling units per acre. ( Continued from 9/ 11/73 Council Neeti ng) A motion was made by Mr . Penzel seconded by Mrs . Meyers to con- tinue the hearing until the October 23 , 1973 Council Hee-ting . Cnotion carried unanimously. Council Meeting -2- October 9 , 1973 III .PETITIOMS , REQUESTS AND COHi-iUNICATIONS { A. Request by Brea Corporation to appear before the Village Council gar ding their application for an on-sale intoxicating liquor license. Or. Bill Geimer , representing Srem, presented the on-sale liquor license request and acknowledged his client ' s understanding of the complete investigation required by the Village ordinance with a fee of $1500. It was also their understanding that the Village was not issuing any licenses at this time and they wished this matter clarified. Mr. Geimer reported that Mr . Robert E . Haugen and fir. Edward A. Slipka mould be purchasing the Branding Iron property on the con- dition that a license be granted. A considerable investment in improvements and for working capital and inventory in addition to the purchase price would be made. Pir. Ruzic would have no interest in the property except to hold a contract for deed. A concern about a pre-determined policy in regard to issuance of any licenses was expressed by Jr. Geimer. A thorough investiga- tion and consideration of the application on its own merits was urged . fir. Redpath explained that three licenses would be granted with one reserved for a possible municipal store . The staff was in- structed to notify all applicants that applications should be turned in if there was any interest. That notification was mailed Tuesday, October 9 . There is neither a pre-determined policy on the issuance of liquor licenses nor other formal appli - cations submitted. After Ar. Geimer was informed that if the entire $1500 investi- gative fee is not required , the remainder would be returned to the applicant , fair. Geimer requested that the application be processed. The request was referred to the staff . IV . RESOLUTIONS AND ORDINANCES : A. Resolution No . 775 , a resolution appointing election judges . The motion was made by Mr . Boerger seconded by Nr. Penzel to adopt Resolution No . 775 appointing election judges . Notion carried unanimously. B . Resolution ilo . 776 , a resolution authorizing the Village of Eden Prairie to participate in the Carver-Hennepin Transportation Study Task Force . Mr . Heinrich reported that it was the Metro Council ' s Trans- portation Committee ' s proposal to cut through the Duck Lake area in routing 62 to connect with Highway 5 which prompted the request for the study. In addition , the I394 , 212/ 169 and 62 Crosstown studies are not well coordinated. Council Meeting -3- October 9 , 1973 IV. Resolutions and Ordinances ( Continued ) B . Resolution Pio . 776 (continued) Other communities ( such as Chanhassen , i-linnetonka , Chaska , Excelsior , Victoria , Greenwood , Shore:.00d and Uaconia) vlill be adopting similar resolutions with hopefully no monies ex- pended . It is also hoped that the Fletro Council and State Plight-jay Department will assume leadership roles in the study. The study will reexamine 212/169 and examine . • Hwy. 5 and the 62nd Crosstown . x A motion was made by Mr. Boerger , seconded by fairs . Meyers adopt- ing Resolution No . 776 authorizing the Village of Eden Prairie to participate in the Carver-Hennepin Transportation Study Task Force. Motion carried unanimously. C. Resolution No . 777 , a resolution authorizing membership in the Suburban League of Nunicipalit'ies for a one year period . Mr. John Keefe , a member of the audience, stated that one of the League ' s objectives was to get more suburban voice to the Legislature . A motion was made by 11r. Penzel seconded by Mr. McCulloch adopt- ing Resolution No . 777 authorizing membership in the Suburban M League of iiunlcipa ities for a one year period with dues in the amount of $1600. On roll call , all voted aye. (lotion carried . D. Second Reading, Ordinance No . 235 for Basswoods site a2 approv- ing rezoning for 24 townhouse dwelling units from Rural to RM 6. 5 in conformance with the amended Staff Report dated August 29, 1-073, and the Planning Commission recommendations of September 4 , 1973 . A motion was made by Mrs . fleyers seconded by Mr. Boerger to approve the Second Reading of Ordinance No . 235 . Motion carried unanimously. V. REPORTS OF OFFICERS , BOARDS AND COW]ISS I ONS : A. Report of Public Safety Director and Fire Chief: 1 . Report of Lake Region Mutual Aid Association Fire Fighting School . Chief Ray ilitchell , co-chairman of the committee, reported that the thirteen departments interested in establishing training facilities at the St . 3oniface site would each donate $100 to finance the report . $1385 would be the total first year expenditure--$275 Eden Prairie ' s share of the partial payment for purchase of the site and $1110 our share in getting the site operational . ' • - 0 ' n -4- October 9, 1973 Council �eeti g V.A. Report of Public Safety Director and Fire Chief ( Continued ) IL Possible mays of raising money were outlined : 1 . Build a target range for private groups and/or police departments . 2 . Permit storage by companies with the latter maintain- ing security. ff Mrs . Heyers questioned whether tie thirteen communities would share equally in the' initial start-up cost and then contri - bute on the basis of rate of use and number of men in the ; department. Chief Mitchell replied that a joint powers agree- i ment would stipulate the conditions of membership. ' fir. Heinrich recommended the project and added that perhaps 4 the federal government should donate the site and state monies be secured to get things off the ground . A motion was made by Mr . McCulloch seconded by Mrs . Meyers authorizing Fire Chief Ray Mitchell to indicate that the Village is in favor of participating in the acquisition of the St. Boniface missile site as recommended by the report of October 1 , 1973 . B . Report of Village Manager: !° 1 . Feeders , Inc . request for grading and land alteration permit. Ur. John Keefe , representing Feeders , introduced Mr. Maclay Hyde , a member of Feeders management. Mr . Hyde explained that Feeders is requesting a grading permit and as required by the ordinance the plans for land use and development have been submitted . Mr. Hyde stated that three items were important in their point of view: a . That their request be granted to remove the dilapidated buildings presently on their property. b. That their application for grading be processed as quickly as possible with the concept plans reviewed by the various commissions . Hopefully these plans will make sense and will meet the building and zoning codes of the Village . c . That, since the ring road in their view is neither neces- sary nor adds to the potential of their property, some adjustments could be made in the alignment to conform to the land use development plans submitted . Hhen Nr. Keefe stated that the building removal was a press- ing matter and that the Village fire department has offered to burn down the structures , i,f;. Heinrich replied that the removal could be handled administratively at the Village Hall . j Council Fleeting -5- October 9, 1973 V _B . 1 . Feeders , Inc. Continued Mr. Heinrich reported that Village agencies , watershed district as well as the department of natural resources would be reviewing the Feeders request. Mr. Hyde requested .that the staff advise Feeders of meetings called so that they could participate and supply any information which could be helpful . A motion was made by fir. Penzel seconded by Mr. Boerger: l a . referring the grading permit application of Feeders , Inc. to the 'tillage Hanager for staff review and the Planning Commission and Park and Recreation Commission for review and recommendations ; b. requesting the Major Center Area Task Force to convene to review the Feeders , Inc . grading permit application; c . instructing the staff to keep the applicant informed of scheduled meetings . Motion carried unanimously. 2. Authorization to receive proposals for a 1250 gpm Fire Pumper . Mr. Penzel replying to the specifications listed urged the Council to have the vehicle purchased in the new recommended color of lime green . Chief Ray Mitchell stated that if all fire apparatus throughout the nation were green he could go along with that recommendation. He added that the members of the fire department were in total agreement for a red vehicle. The pumper `could not be received until early 1975 and de- livered FOB . Adequate space is available to house the pumper in the present fire station . The motion was made by Fir. Boerger seconded by ffi-. McCulloch authorizing the Village Manager to advertise and receive bids for one 1250 gpm Fire Pumper . Notion carried unanimously. 3. Request from the Village of Edina to participate financially in a traffic study regarding an interchange at Valley View Road and County Road 18. The motion was made by Mr. Penzel seconded by Mrs . Meyers to authorize the participation in a traffic study with Edina on an interchange at Valley View Road and County Road 18 with no direct financial expenditure by Eden Prairie. Motion car- ried unanimously . i Council fleeting -5- October 9 , 1973 V . C Report of Village Clerk : "�► 1 . Village Clerk' s Recommended License Application lication List dated October 9 . 1973 . A motion was made by Mr . Penzel seconded by Mr. Boerger to approve the License Application List dated October 9 , 1973 . Motion carried u naninousiy. VI . FIHANCES A. Payment of Claims No . 2702 - 2774. A motion was made by Mr. Penzel seconded by firs . Meyers to approve the payment of Claims No . 2702 - 2774 . On roll call , all voted aye. Notion carried . B . Cash and Investment Report A motion was made by Mrs. Meyers seconded by f-ir. Boerger accept- ing the Cash and Investment Report dated October 1 , 1973. Notion carried unanimously. A motion was made by fair. Penzel seconded by sir. Boerger to adjourn the meeting at 9 :3U g p.m. notion curried . Suzanne K. Lane, Deputy Clerk