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HomeMy WebLinkAboutCity Council - 01/22/1974 • MINUTES EDEN PRAIRIE CITY COUNCII. TUESDAY, JANUARY 22, 1974 7:30 P. M. CITY HALL COUNCIL MEMBERS: 11,1ayor David Osterholt, Joan Meyers, John McCulloch, Wolfgang Penzel, Sidney Pauly. COUNCIL• STAFF: Village Manager Robert Heinrich, Village Attorney - Harlan Perbix, Clerk John Frane. Invocation was offered by Father Glenn Phillips , St . Hubert ' s . I. MINUTES OF REGULAR MEETING HELD JANUARY 8, 1974, It was moved by Penzel, seconded by Meyers to make the following changes: page 1 - .change the Mr. Pauly to Mrs. Pauly., page 3 - part G. change two-year members-to three-year members. page 6 - 3rd Paragraph, . . . change church and school site to . . . church site designate and school site dedication. Motion carried unanimously. If. APOINTMENTS. - _ A. Board of Appeals. Five appointments for one year term. Meyers-moved, Penzel seconded the following to a one year term. 1. Mr. John McCulloch from, the Council. + 3. Mr. Donald Sorensen from the Planning 'C!*mmission. _ 3. Mr. Paul. Chioniere 4. Mr. Anthony Hirt. 5. Mr. Jim Wedlund from the community. - - Motion Carried Unanimously. 1B. HUMAN Rights Commission. Three appointments for three year terms, • one appointment for one year term, two youth appointments, plus Council Representative. _ • ' Appointments to the Human Rights Commission wilt be made at the February 12, .1974 Council Meeting. - C. ' Residency requri ment of Planning Commission members. Penzel moved, McCulloch seconded, to rescind the appointment of Mr. Daniluk and appoint Mr. Herb Fosnocht. Motion carried unanimously. Hopes were expressed that Mr. Daniluk could serve at a future date. IIL PUBLIC HEARING. A. Request for kennel operation south of 169/212, east of intersection of 169 212 and Riverview Road. Mr. Putnam highlighted the history and status of the kennel request. The airport area was suggested because it provided the necessary acreage, least • problem -with neighbors, and there appeared no immediate pressure of utilities. The zoning changes needed would be to change the meaning of agricultural in the the Rural Zoning; or to zone the area public or quasi-public consistent with the Guide T'lan. r { Council Meeting -2- January 22, 1974 Mr. Brill of Kingdale Kennel, presented his outline-of the proposed construction and stated that he woul d not purchase the land unless the kennel was possible. He has worked with the Soi 1 Conservation and Highway Departments to solve the problems of erosion at the site, he had submitted a detailed explanation in a letter dated 1-18-74. Mayor Osterholt then asked for the City Engineer's opinion of the roads servicing that area. Mr. Jullie reported that it would be appropriate to construct a 24 ft. bituminous road from 169 to the entrance of the existing dirt road. He also suggested the construction of a L-turn by-pass on 169 and a streetlight at the Riverview Rd. /169 intersection. Mrs Pauly asked for the sour.e of the 40-50 car traffic increase. Mr. Jullie said that it was a maximum suggested by Mr. Brill. Mr. Brill added that 10-15 would be an average. 6 w The Community Service Director informed the Council that a sample cooperative agrement had been received by the Lower Watershed * District which.contained a 4 year pay back arrangement on a 50-50 basis. Possible. use of the property would be a multi-purpose trail, possible funding could come from interest earnings of the Park fund, revenue sharing monies, or regional park funding. . Mr. Penzel asked Mr. Putnam for alternate kennel sites. Alternatives suggested by VL r. Putnam were; the frontage along the river, the property along 169 west, or City Par'.,, Lands. He believed that the area along the river and ai wort were best suited for the kenneel because of immediate pressure for future relocation. Mr. Penzel then asked Mr. Heinrich if the City had investigated the possibility of the City building a kennel and leasing I ?sack to Mr. Brill. Mr. Heinrich reported that it had not been throughly explored and that it was not Mr. Brill's #1 option. • Mayor Osterholt asked Mr. Putnam if the site oould be left as is and not zoned for a kennel or bought for a park . Mr. Putnam responded that leaving the site as is i s am -option . Opposition to the kennel was raised from the audience from Mr. Brown and Doctor & Mrs. Brandt. Reasons of kennel impact, cost of improvments, increased traffic problems, noise, and safety were cited. Council Meeting -3- January 22, 1974 Mrs . Meyers felt that allowing a kennel would establish a prece- dence and could possibly endanger open space land dedication . Mr . Penzel believed that Mr . Brill has made a sincere effort but unfortunately there is no easy solution and it would be undesir- able to set a precedence of bluff development . Mayor Osterholt expressed opposition to the kennel operation lo - cation because of the traffic and road conditions at the inter- section . Mr . Penzel then moved to close the Public Hearing and deny the request for Bruce Bri11 ' s Kennel south of 169 & 212 , it was seconded by Meyers . Motion carried unanimously. B. Edenvale South 'Tanned Unit Tlevelopment. Request of Eden Land Corporation for Planned Unit Development approval. of the concept plan. The major elements of the Staff Report in regards to the P. U. D. were the establishment of a homeowners asociation to work with the Preserve Association. Mr. Peterson said that the basic idea was to provide an alternative to Edenvale and The Preserve. An attempt to market the lots $2, 000-$2, 500. less than Edenvale will be made and the overall density will be 3. 5/du, 2/du in the single-family. He pointed out that low or moderate income potential existed in the SW corner, single- family in the NW area, low to medum density apartments on land over -looking Lake Eden, and single family in the remaining areas. Mr. Peterson said that the Planning Commission had recommeded 17 items along with the approval and that they returned a, letter-expressing thier opinions of the 17 items. Mr. Peterson and the Council reviewed the 17 items and changes were recommended for the final drafting of Resolution #810. Penzel moved, McCulloch seconded,to continue the Public Hearing until the 12th of February, and to have the redrafting of the Resolution prepared. Motion carried Unanimously. IV. PETITIONS, REQUESTS & COMMUNICATIONS_ A. Letter dated 1 9 74 from Lower Minnesota River Watershed District. Moved by Penzel, seconded by Pauly, to receive and file. Motion carried unanimously. B. Letter dated January 181 1974, from Northern States Power Compa*y informing Council of 150/6 electric price increase for community effective March 19, 1974. Moved By Penzel, seconded by Meyers, to recieveand file . Motion carried unanimously. Mayor Osterholt requested a resolution for the next m e.eting expressing Council Meeting -4- January 22, 1974 opposition to the rate increase. C. Letter datedJanuary 18, 1974, from Northern States Power Company informing Council of increase in electric rates for municipal street lighting ser.rice. McCulloch moved, Meyers .seconded, to refer to the City Manager for review and report. V. R':�SOLUTIONS & ORDINANCES. k A. Resolution No. 808, stating the official position of the City of Eden Prairie with respect to proposed construction of an interchange at County Roads 18 and 39. _ Penzel moved, Meyers seconded the adoption of Resolution No. 808 Motion carried unanimously. B. First reading, Ordinance Nob 248, adopting Building Codes and repealing other ordinances relating to building. Penzel moved, Pauly seconded, to approve the first reading or Ordinance No. 248. Motion carried unanimously C. Second Reading of Ordinance No:. 244, Browning Ferriss Industries rezoning for 12 acres from P. U.D.70-01 to Park I-2 . i Penzel moved, Meyers seconded, to approve the second reading of, Ordinance # 244 and to authorize the Mayor and Manager to sign the } rezoning agreeement dated January 22, 1974, Motion carried unanimously. D. Consideration of Resolution No. 812, authorizing City of Eden Prairie particia.ption in Joint Powers Agreement for the establishment of a Western AFea Fire Training Association and Fire Training Center. McCulloch moved, Meyers seconded, Resolution #812. Motion carried unanimously. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS: A. Rep:rt of Councilman McCulloch: Suburban Rate Authority meeting held January 16, 1974. There will be a Minnegasco rate increase at the end of this month; 14016 rise for residential, and 30-400/6 rise for interruptable customers. Penzel moved, Meyers seconded, to accept Councilman McCulloch's report. Motion carried unanimously. B. Report of Councilman Wolf Penzel: South Hennepin Human Services Board meeting held January 16, 1974. 'roposals are being recieved by the S. H. H. S. Council for the delivery of family counseling services to the 4 member communities. The S. H. H S. Council Meeting -5- January 22, 1974 will award the contract for services at the annual meeting to be held February 20, 1974. The entire City Council is invited to this annual meeting. McCulloch moved, Meyers seconded, to accept the report. Motion carried unanimously. C. Report of Ccmcilwoman Meyers- Activities of Southwest Suburban Cable TV Study Commission. Mrs. Meyers suggested to defer the report at this time and that a written report would be submitted at the following meeting. McCulloch moved, Penzel seconded, to wait for a written report. Motion carried unanimously. D.1. ]Reports of Village Engineer- Approve Change Order No. 1 for Improvement Contract 51-252, Larnppa Construction, Inc. , W. 78th St. Sanitary Sewer. Mr. Jullie reported' that they encountered very difficult soils -- . and suggested that the alignment had to be moved to the north to avoid the poor soil conditions. It was moved by Penzel, seconded by McCulloch, to approve change order #1. - Motion carried unanimously. 2. Accept for ownership and continuous maintenance the streets and utilities in Round Lake Estates 1st Addition. Moved by Meyers, seccnded by Penzel, to accept ownership and maintenance. Motion carried unanimously. 3. Authorize Black & Veatch, Consulting Engineers, to prepare operation and maintenace manuals for the .lime disposal and wash recovery s•ys terns at the Water Treatment Plant, Moved by Pauly, seconded by Meyers, authorizing Black& Veatch to prepare operation and maintenance manuals for the Water Treatment Plant, at a coat not to exceed $4, 800. Motion carried unanimously. 4. Resolution No. 809 requesting Engineering and Technical Assistance for the coming year from the Minnesota Highway Department. Penzel moved, Meyers seconded, the adoption of Resolution # 809. Motion carried unanimously. 5. Approve Final Payment to Scan Construction, Inc. for Section of Improvement Contract 51-254, Watef Reservoir Project WTR 71-8-31. McCulloch moved, Pauly seconded, final payment to Scan Construction Inc. Motion carried unanimously. E. Reports of Village Attorney• 1. Report of condemnation award for the Savran property. Condemanation award was $122, 500. , which resulted in appeals from both parties. The case will be in trial within a week. 3 Questions were raised when and how the City may withdraw from the ( condemnation procedures. Mr. Perbix will be investigating those possibilities and reporting to the Council. --------- -- Council Meeting -5- January 22, 1974 2. Report on condemantion award for the Gora property. The condemantion award was $375, 000. 00. 3. Legal opinion on whether a restaurant with liquor license is permitted in in I-2 zoning district. The City Attorneys opinion on the letter dated 1/17/74 stipulates that a restaurant supper club use is not pemjitted in a I-2 zoning district. 4. Explanation of law requiring municipalities to be designated "City'.' The City Attorney stated that a recent state law established legal basis for the Villages and Cities requiring that for legal purposes the name of "the City of Eden Prairie" should be used. Existing maps, stationary markings could retain the name of Village but should be eventually replaced with the name City. F. Reports of . City - Manager. 1. Report on Assessing Division. It was moved by Meyers, seconded by McCulloch, to recommend filling the position of Assessor as recommended in the report of the City Manager's dated 1/17/74. Motion carried unanimously. 2 Establishing of office hours for the City Hall. McCulloch moved, Penzel seconded, the establishment of the City Hall hours as Sam to 4.30 pm. s Motion carried unanimously. 3. Discussion on the formation of a Board of Appeals to assure reasonable interpretations of the provisions of the Uniform Building Code. Mayor Osterholt stated that appointments to the Board could .be made at a future meeting. 4. Report on United Way Campaign. The City employees' generous support of the United Way qualified them for the coveted Gold Award-the highest recognition possible. 5. Discussion of special bill permitting reassessment-of Major Center Ring Road. It was moved by Penzel, seconded by Pauly, to detect lines 14-16 and to direct the City Manager to redraft Section' 1, eliminating reference to the property tax_ Motion carried unanimously. 6. Discussion of Community Education Program. Mayor Osterholt requested that the item be placed on the January 31, 1974 Agenda of the Joint School Board/City Council Meeting. 7. Set a date and time to meet with the Airport Study Group to learn Metropolitan Airport Commission's plans for Flying Cloud Airport. A meeting will be held Thrusday, F e:)ruary 7, 1974, in the City Hall at 8 pm with the Airport Study Group. 8. Reminder- Eden Prairie Center Design Preview to be held Wednesday evening, January 23. 1974. • Council Meeting -7- January 22, 1974 - 9. Consideration of Resolution No. 811, establishing a policy that no rezoning applications shall be officially considered at any 'intersection along T. H 5 ' until such time as the State Highvray Department conducts the design hearing for the future constnetion of U. S. 212. Mayor Osterholt asked what indication there was from the County Highway Department that 212 would be routed on #5. Mr. Heinrich replied that they had a letter in which Hennepin County stated that it should be on #5. The City Attorney stated that defering development proposals over a protracted period of time would not be legal. The City Planner said that allowing development now may eliminate future design options. Presently there are 4 development proposals around the 4/5 intersection. Mrs Meyers expressed the need for the results of a Commercial Study in the City to determine how many commercial areas are needed. Mr. Heinrich suggested asking the State Highway Department to appear before the Council and present a progress report on New Highway 212 alignment and design. Meyers moved, McCulloch seconded, to adopt 811, to reword 1 &2 to include 6 month limits, and to invite the State Highway Department to appear in the near future. Motion carried by a vote of 3 ayes (Meyer, McCulloch, Penzell and 2 nays ( Osterholt, Pauly%. 10. Discussion of Minnesota Toll Bridge Legislation. Presently the Bill is before the House Government Operation Committee. Senate approval of the bill appears to be unfavorable. i G. R epert of City : Clerk- City Clerk's Recommended License Application List dated 1/22/74. Penzel moved, McCulloch seconded, to approve the License Application List. Motion carried unanimously. vII. FINANCES' A. Payment of Claims No. 3369-3445. Penzel moved, Meyers seconded, to approve the payment of claims 3369-3446, exempting # 3429. . Motion carried unanimously. A motion was made by Penzel, seconded by Meyers to set the next meeting .on February 25 th, 1974, in view of the caucus. Motion carried unanimously... .'Iv. ADJOURNMENT. It was moved by Meyers, and seconded by Penzel to adjourn at 1.18 am.