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HomeMy WebLinkAboutCity Council - 03/26/1974 ,t f t^ ,•II MUTES ENO PRAIPIE CITY COUNCIL IL Tuesday , iiarch 26 , IS,,74 7 :3'0 P . i]. City Hall Counci 1 .serbers : iiayor David '! . Osterholt , Joan ;ieyers , !lolfcaang Penzel , Sidney Pauly . Absent was John ;�cCul loci; Counci 1 Staff : City :Manager Robert P . Heinrich City Attorney Harlan Perbix I . CONS DrER BI DS RECEIVED ON i;LARCH 21 , 1974 , FOR PHASE I OF RING ROAD CT STF-72-9-26 . - --- iir. Jullie stated that the low bidder , Rauenhorst , withdrew their bid on iiarch 22. Rauenhorst assumed incorrectly that the excava- tion required was going to be a separate pay item and they , there- fore , did not include that amount in their bid . Of the sixteen b- iciders , iir . Jull ie said , kauenhorst was the only bidder who nade the error , and how much the error affected their bid is difficult to determine. The general rule of l av, is that bids can be wi the raven if there is a unilateral mistake , said air. Perbix . It was his opinion that the type of mistake made does not warrant permitting Rauenhorst to withdraw. ;ir. Heinrich offered the Staff ' s opinion that the bid t:as an acceptable one and that undue advantage was not being taken of Rauenhorst . 1 was t ^A A .notion s made by 4r . Penzel seconded by ►lrs . Vileyers to adopt Resolution No . 329 accepting the bid of Rauenhorst in the amount of $1 ,016 ,344 . 97 for Phase I of Ring road Project STR 72-9-26 , Improvement Contract No . 51-260 as drafted and presented by the City Attorney Harlan Perbix . On roll tail , all voted aye . Notion carried . II .MNUTES OF REGULAR VIEETIMG HELD hARCH 12 , 1974 and itMUTES OF SCENIC HEIGRT9 AREAPUBOC N . f-! C , 1 —47 ;•larch 12 , 1974 , i4eeti ng A Page a Item V . B . 1 : Paragraph 3 sentence 1 should read : Wr . Pen- stated tat new policies were not being established by this proceed- ing , that ample publication had taken place , and that statistics could somatines present a distorted picture . Page 3 , I ten V . B . 1 : Paragraph 4 sentence ' l - should read : An amend- ment was made by :irs . Pauly seconded by iiayor Osterholt reconfirm- ing the pol icy that the addition of ne:•r personnel . . . . . . . . . Page 3 , Item V . B . 2 : ; eeting time should read 7 :00. A notion was made by Mrs . r;eyers seconded by t-irs . Pauly to accept the minutes of iiarch 12' , 1974 , as corrected . ;lotion carried . A motion was made by ltr . Penzel seconded by Hrs . Neyers to accept the minutes of i-iarch 14 , 1974 , as published . notion carried . r• - Cdunci l Aeeti no - 2- -larch 26 . 1974 III .PUBLIC HEARINGS : A. Projects S11 ; 74-1-"3 , !'TR 7,.--C -03 , and STR 74-3-03 Utilities and Street Improv,-ments on ! est uth Street from Trunk Hwy 169- 212 ( Flying Cloud Drive) to the east City limits . iir. Jull ie outlined the project as presented in the March 12 r feasibility report. Assessment districts and project cost esti - mates were explained and discussed . Opposition to the inclusion of the Leona addition in the assess- rient district was expressed by ' ir. Richard Lynch , 11426 Leona Road . He felt Leona t-ras being, assessed for improvements bene- fiting the HcAl1ister and Geico properties . v rir. Jullie remarked that the addition was included in the sewer assessment district since the pipe mould be low and large enough to serve the area in the future , but that assessment would be deferred until connection--occurred . 11r. Penzel added t4at as a result of deferring payment , a resident would have to escrow 150% of the assessment ( or pay the assessment) should he sell his property. iirs . ileyers pointed out that it has been the City ' s policy not to levy assessments until areas are benefited by laterals . fir. Jiro Brot•!n , representing the Presbyterian Church , voiced opposition to the assessment and said that the benefits placed on the property are out of line with the contemplated usage. Wr. Uarkenv,ald , 11803 Franloa Road , inquired as to the feasibili - ty of extending the sewer line farther north on 169 to serve Leona property he owns . This will be investigated by the Staff. iiayor Osterholt requested that cost figures be provided to shout the difference in cost if the 200 foot span of oversized pipe and additional depth needed to serve Leona were eliminated from the project. Lee Johnson of tie Preserve cited his letter of :larch 19 and t-ias informed that the assessment rates now presented were only estimates and that rates would be determined in the fall before which his questions could be reviewed and resolved . A notion was made by Hr. Penzel seconded by Mrs. Heyers : a . closing the public hearing ; b. adopting Resolution No . 830 , ordering improvements and preparation of puns an-T specifications on Projects SAN 74-1 -03 , 'ITR 74 -3-03 , and STR 74-3-03 ; and c . amcadin - the resolution to delete the Leona Addition and the Presbyterians Church property as a vending and/or deferred assessment district . Notion carried unaniriously . 4 Council lieeting -3- ::arch ZG, 1974 III . PUBLIC FEi kUNGS ( Continued) f G . Public hearing for thc consideration of a proposed ordinance } provi : _in- for lice:tsin- of food nsrab] ishnents and setting 0ea tsi s to nLL e rd s fir foyu atodl i lle . Robert :ood , Director of Building and Inspection Department for the City of Bloomington , discussed with the Council the pro- posed ordinance . The code , he said , is intended to up-grade establishnants and flexible enough to allow existing establish- vents time to comply. i.r. Eeinric►z , Village lianager , stated that each affecteJ establ i shinent would be contacted and the philosophy of the ordinance explained . 1 A :notion was made by :*':r. Penzel seconded by iirs . Pauly approv- inq the second readinc of Ordinance No . 250 , providing for the licensing of food establishments and setting health standards { for food handling. Fiotion carried unanimously. C. Condor Coroorati on , request for rezoning from Rural to I-2 Park for the westerly 303 plus feet behind the 00 foot strip along 11ashinaton Avenue , currently zoned I -2 Park . A motion was nade by iirs . Pauly seconded by Mrs . ileuers to continue consideration of Condor ' s request until April 23 , 1974 . , iotioa carried unanmiously . IV.PETITIONS , REQUESTS AND CO,iiWAICATIONIS : A . Lettter dated ,arch S , 1974 from Paul Reenath regarding the o«grc'ss of !ationa t League of Cities . A Fnotion 1was rude to receive aria file ilr . Redpath ' s letter of harsh 197, . Notion carried unanimously . G . Leiter dates; February 14 197� . from Suburban Public Health Pursinn Service in Nenne in-County regard nq the 1973 Fourth Quarter and ear-to-Date Figures . A notion Sias made to receive and file the Suburban Public Health t.ursi ng Service letter of February 14 , 1974 . ;lotion carrier; unanimously . C. Letter dated ciarch 13 1974 fro« Ri l eu-PurcatorY Creek !-later- .P.s:rE:i Ji stric t ransmi tt ng the I J,:nnual Deport. A notion tics i.iade *i:o receivu and file the ;larch 13 , 1974 Riley- Purn,atory Creel; "atershed District letter . notion carried una;:inously. I . �• Gounci l leati ng -4- ;is rch !,u, 1974 s V. RESOLUTI O:;S ! ND ORDI IIJAECES : k CIO A. Consideration of Resolution authorizins issuance_ of On-sale Liquor License to :;r . John Suback . It rlas ::rs . :seycrs feeliz- that the orantinn of the request for a restaurant , as a minor commercial use , precluded the authori - zation of the issuance of a liquor license . Ey issuing such a license the restaurant would not be a minor but a major commer- cial use . She reminded the Council that it had been both the City !►tt-orney' s and Planning Commission ' s opinions that a R restaurant was not a supporting use or minor commercial use i under the I -2 zoning ordinance . :iayor Osterholt stated that the Ordinance 130 was subject to interpretation and it- had been decides: , although not unanimous- ly, that the restaurant could be considered a permitted use at the march 12 meetion . Discussion fol loraed as to the possibility of changing the ordi- nance to allow such a use in a PUD. Hr. Perbix stated that an amendment or change would have to be channeled through the Planning Commission with a public hearing held . A motion was made by :.ir . Penzel seconded by Mayor Osterholt directing the staff to prepare an amendment to Ordinance No . 135 reflecting t►ie permissability of a liquor/restaurant as a supporting use in an I-2 Park PUD--the restaurant to be situated on a major thoroughfare but not a State highway. The notion did not pass with Pirs . Pauly and ilayor Osterholt voting nay ; Mr . Penzel and ilrs . Neyers voting aye . A :notion was nade by i1rs . Pauly seconded by ►ir . Penzel `pprov- in- i:esolution Eo . (031 conditionally approving the issuance of . a liquor license to ;. r . John Sutack . The motion did not pass as .irs . Pauly and ilayor Osterholt voted aye ; -Ors . :1eyers and +r . Penzel voted nab•. ilayor Osterholt told Hr. Soubak that the Council could again consicer his request if placed on the :pril 9 , 10.74 agenda . D . Second Reading , Ordinance Vo . 23E , approving Village Voods 1st Addition 4 notion was made by iirs . Heyers seconder' by fir. Penzel to post- pone action on tine sacond reading of Ordinance No . 236 until April 9. Viotion carried unaninously. C . :resolution i;o . u20 approving Villane 'olooQ's 1st iddition Final Plat . A motion +-!as made by iir . Penzel seconuea by firs . i►cyers to delay action on Resolution iso . 320 until P%pril S . :Motion carried unaninously. .. Council i:eeting -5- Harch 26 , 1974 VI - Resolutions and Ordilances ( Continued ) D . Second Reading , Grdinc:nce No . 241 , ,fasters Condominiums by •leis 'guilders in Edenva i s A motion r:as made by ilr . Penzel seconded by i-Irs . ;Ieyers to postpone action on the second readino of Ordinance No . 241 un- til „pril 9 . ,otion carried unanimously. VII . REPORTS OF OFFICERS , 30AROS AND COM-1.,ISSIO dS : 6 A . Reports of i;a. 1 . Appoin4nents - None . 2 . Consideration of amendment to Planninh and Zoning Ordinance-- . itesi c:ency Requirements . air. Perbix explained that the residency requirement had been included so that potential commission members would be resi - dents possessing knowledge , history and background of the area. A notion was made by ;Ir . Penzel seconded by Mrs . i;eyers to instruct the City Attorney to draft an amendment to the Planning and Zoning Ordinance in reference to the residency requirement and to request the Manager to investigate such requirements in other netropoiitan areas . :lotion carried urianil ously. A U . Report of Director of Community Services : 1 . Consideration of purchase of Parcel E-10h Anderson Lakes Park: i'soori n s area in The- Preserve) . :ir . Jessan outlined 5is memo of 'larch 21 addressing t:le tax inpacf with the acquisition of the lioorings . i;ayor 0sterhoit reliarked that tiie report :lid not reflect the true statistics jithout i.acludinC per capita revenues received . Talks of a prel i;ii nary nature are taking place with the Preserve said :Ir. Jessen . Grant funds anountinn to 103*950, 003 have �1een designated for the purchase of the 1P. Crown , L. 31acklock , E . Holasek , and Preserve parcels . No formal action .-jas talon by the Council but the Staff was directed to continue ne;otiations with the Preserve . C . Reports of City Attorney : 1 . Opinioin on Reversion of Zoning of Pircels Ori,�inally Zoned Stipu atio;is Calling for Construction !F thin a �p4cific Tiri Period . Uiscussion of this ite i !.!as (lelayed until all council mem- bers were pr sei.t. _.Cquncil Neetin; -C- Narch 2C , 1974 VI . C. Repurts of City ;-.ttorney ( Conti nueu ) 2 . t iscussion of Telco/City :�ezonina Agreei,ent . :1r . Perbix report d that a draft of t:1e proposed rezoning anree-men: had bier rcvietted by .. ,essr5 . Cell and Greenburg t!ho had offered so;-,e chantees . Sections 6 deal i nq !,!i th parking and 13 dealing vlith future expansion approval were discussed . i A motion was made by Mr . Penzel seconded by Mrs . Meyers to approve the amended City/Developer rezoning agreement and to authorize the Mayor and Manager to sign the agreement . Motion carried unanimously . 0 . i s ;reports of City ►lanager : 1 . i;iseussion of Crosstown 6� Extension from Shams Oak Road to a A motion was nade by ::r . Penzel seconded by ,•irs . Pauly to hold a public heari no, on tale Crosstown 62 Extension on April g and to invite t5e county engineer and Oeach Road residents . :otion carriad unanimously. 2. €.uihorization to prepare bid specifications an:; settiQq date of ifay 9 , 1 .0,74 , to receive bids for the public sale of six homes ac u i red for the Ri nr R a construct on .to ''. :notion was made by firs . lNeyers seconded by -,X. Penzel aut1lorizing the sale of six homes acquired for Ping toad construction and directing the Staff to prepare bid speci - fications and establishitrg i:ay 9 , 1174 , as the date on which bids should be received . 1;otion carried unanimously. 3. Report of Special Committee ' s review. of HAIA request for abatement of assessments for "iriaslope project. i,irs . Pauly reporte.S that the approximate $73 ,000 abatement would not result in a savings to potential owners but would be put back into the project to increase the amenities . A notion vias made by i:r . Penzel seconded by 1lrs . Pauly to deny iIAIA' s request for the abatement of assessments for the tiindslope project . ;lotion carri ,d unanimously. 4 . Ciscussion of Ad6itional Staffina requirements . Discussion ►ias delayed ► ntil the etitire council was present . 5 . biscussion of additional cest data on the Scenic Heir_, hts Area Pu is U+orks Projects . Described by ;lr. Jullic :rere tsNe alternates to the street ana s ;:orol sewer project 73-3-27 and related costs . Residents !ere informed of 6,ie-se alternates in ilr . Jul ' ie ' s letter of iiurcil 22 , 1374 . a _. Council i;eetinn -7- i;arch 26 , 1974 VI . U. Reports of City ::anaaer ( Continued ) G . Discussion of The Preserve Land Use Request on Eden Lake . Discussion of this request vas continued from the FNarch 12 Council meeting to give the Council members an opportunity to walk t:ie site and obtain additional information . llrs . ileyers agreed with the Staff and stated that no action should be taken on land uses until specific proposals are: submitted by the developer. 81r . Penzel said he was disinclined to go along with a re- quest tbat gives the developer the right to do anything on Eden Lake property. He added that he felt the City ' s development procedures were successful because they were adhered to . That the Council was not making any assumption on the future development of that area by denying the request said Mayor Osterholt. He asked i'sr. Johnson , The Preserve ' s representa- tive, if they would feel penalized if the request were not granted . iir .. Johnson indicated a ►i 1 l i ngness to follow the normal procedure in developing land and was not asking for specific land use approval . The Preserve asks only that a land use request be judges: on its oven merits . A notion was :na:ie by firs . Fleyers seconded by Mr . Penzel that in regard to the Eden Lake area the Council adopts Recommendation 2 of the Planner ' s Staff Report dated larch D , 1974 which reads as follows : "That The Preserve and City Staff define some general goals and objectives for the treatment of land use, as well as the treatment for t5e park buffer areas , which do not preclude creative design solutions for the development of this site , yet respect the sur- rounding development . " ,lotion carried unanimously . E . Report of City Clerk : 1 . City Clerk ' s Recommended License Application List . A motion uas nade by :lr. Penzel seconded by l3rs . "levers to approve the License Application List dated F,iarch 26, 1974 . :•iotion curried unanimously . Y� " Council f•ieeting -8- Narch 26 . 1974 VII .FIWAtdCES Paynent of Claims e?o . 369, , 3794 - 3897 . A motion was made by ilrs . iipyers seconded by i;r . Fenzel to approve payment of Claims No . 3698 and 3794 through 3397 . On roll call motion carried unanimously. The meeting adjourned at 12 :45 a .m. Suzanne K. Lane , Deputy Clerk