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HomeMy WebLinkAboutCity Council - 05/14/1974 . MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 14, 1974 7:3 0 p.m. , City Hall COUNCIL MEMBERS: Pre sent: Mayor.David W. Osterholt,- Joan Meyers,-'WaIfcaancr�Perizel, Sidney-Pauly. Absent: .. John McCulloch. COUNCIL-STAFF: _ Pre-sent: -City Manacier Robert: P. Heinrich; City Attornky'lIarlarr Perbix, Clerk-Finance Director`John Frene, Planrrer^Dick Putnam, Director of Community Services*- Marty lessen; Enaineek Carl •jul-lie' Public -Safety Director -jack Hacking. 5 Invocation was offered by Mayor Osterholt. I. MINUTES OF REGULAR MEETING HELD APRIL 23, 1974 , and SPECIAL MEETING HELD APRIL 30, 1974. Minutes of April 23 , 1974: Pacre 11 , Item IV.•G•.5: Action should read: "A motion was made -by Mi. Penzel seconded by Mr. McCulloch, to not subscribe. to the Labor Relations. Subscrip- tion Services.. Motion carried unanimously. Pi- `► Paoe 2, Item II .A:-. -Mrs: Meyers questioned the wordincr, -•r'per the Staff Report and recommendations" in the 2nd and 9th paragraphs. That will be clarified before the next Council meetinv. Action was,not taken on the Minutes of April 23 , 1974. Minutes of.April 30; 1974: Pane 3, Item 5: substitute "September" for December". Mrs. Meyers moved, Mr. Penzel• seconded that the.minutes•of April 30, 1974, be. approved as corrected. Motion carried unanimously. II: BID AWARDS: Consider bids .recetv.ed on May .9,. 1974 , for sanitary.-sewer -and watermain improvements albng W.�78th Et from T.H.i_169 to east City:limits ,I.C .5].-261 . -Carl Jul lie reported that.nine bids were. received, with-G.L Contracting,Inc. of-Minnetonka, Minn. being the low bidder in the amount of $319,227.25 . The highest bid was $369,098. SO. Mr. jullie noted that the estimated final costs ere lower than the-bid costs- because of the difference:betWeen some bid item quantities and.the-quantities-actaal ly expected to be used;. Mr: Penzel moved, -Mrs. Mey;ersi-seconded that'Resolution No., 840 be adopted accepting the bid of G.L. Zontractina; Inc. , .Minnetonka,.,14inri•. •in the amount of $31'9, 27.25 for,ProJects:SAN 74-1-03- end WTR 74-81-03~,:,I.C'. '51-261 , W. 78th fit, utility improvements. Motion. carried unanimously. Council Meeting " --2- May 14, 1974 III. PUBLIC HEARINGS: A. Bonner/Waters, 7 lot single family subdivision located west of'Franlo Road ` ry adjacent to Olympic Hills Golf Course. Dick Putnam presented the request for rezoning from Rural to RI-13.5 and Preliminary plat approval for this four acre parcel. There are no utilities currently available to this property but are programmed during 1974. The Planning Commission recommended that no building permits be issued until sewer and water are available. There is one existing- home on the plat (on proposed Lot 2) . All lot sizes are larcrer than 13,500 sq.ft.;.Mr. Bonner said they average about 18,000 sq.ft. In answer to a question from Mr. Penzel; Mr. Putnam said that the actual dollar amount for contribution in lieu of land dedication for park purposes will be arrived at before final plat approval. Mrs. Pauly moved, Mr.-Penzel seconded that the hearing be closed and approve the first reading of Ordinance No. 259 to rezone this property from Rural to Rh-13 .S . • Motion carried unanimously. -Mr. 'Penzel-moved, Mrs. Meyers seconded the adoption of Resolution No. �844 crrantino'preliminary plat. approval subject to the Development Agreement incorporatina the recommendations in the staff report dated May 1 , 1974, and the Planningt Commission minutes of. May 7, '19.74. Motion carried unanimously. B. Northmark, single family subdivision of 28-lots of approximately 9,000 sq. ft. each-located north of the Westwind single family homes in The Preserve. Rezoning is requested to RM-6.5 and preliminary plat approval. Dick Putnam explained the staff report concerning surrounding developments and plat layout. Medium density housing will be to the north of this plat with higher densities nearer the Rincr Road. Mr. Johnson from The Preserve said this plat will include model homes. No variances are being requested now, but they will be needed , as in the rest of The Preserve. The price range will'be from $.45,000-$47 ,600. In answer to a question from Mr. Penzel, Mr. Johnson said they acree with recommendation 4 as amended by the Planning Commission. (Recommendation 4 now reads that trailways or greenways would be subject to any future master trailway plan of the City.) City Attorney Perbix outlined various problems with trailways in general: 3L . Trailways should be defined in advance of development rather than after development occurs. 2. It could be difficult to force the obligation of maintenance of the trallw.ays-system if it is in different ownerships. Maintenance is also different where there is heavy public use and where the use is more confined to the neighborhood. Council Meeting -3- May 14, 1974' Mayor Osterholt felt -that the-City should develop•ouideliries for public Y use of trailways that are maintained by homeowner's assoa.iations', such as in The. Preserve, and the City should develop guidelines for public use of certain_ trailways as walkways that are maintained by horfie'owner's .associations, as are those desicnated in The Preserve: The Bikeway/ Hikeway Task Force will be comina up with such recommendations. Mr. Johnson of The Preserve requested that they be; treated the same' as the rest of the City. Mr. Perbix sucrgested that this may be difficult in some areas where a protective. attitude_has risen about the existing trails. There-'may in some f cases be resistance to openinc them to the public: ' There was .considerable discussion of the question ''of'tTf& right of'aeneral public use -of trailways maintained by•homeowner's ressociations. Mr. Perbix succes.ted that the City may desite an ordinance WA'6fine what p types of uses various walkways may accommodate •arid what uses are prohibited on some or all walkways. Mr. Penzel moved, Mrs. Pagly seconded that the hearing be closed and approve the first reading of Ordinance No. 260 to rezone _t1iis sd6division from P.U.D. 70-3 to RM-6 .5 . Motion carried unanimously." Mrs Meyers moved , Mr. Penzel seconded the adoption'of'=Resolution No. 845 erantinc* preliminary plat approval subject to recomrriehdations in the staff report of May 2, 1974, andthe Plannincr Coinmitsion`minutes of May 7, 1974. Mr. Penzel amended the motion, wifh•the approval of Mrs . Meyers , to have recommendation 4 read, "That trailways or oreerrways would be. subject to any future master plan of the City in regard to use , development. and maintenance. " The amended motion carried unanimously. IV. PETITIONS, REQUESTS AND COMMUNICATIONS.- ' A. Petition from Atherton Townhouse property owners reauestina the contractor, New Town Development, to correct certain'-public nuis'hedi- A petition dated May 4, 1�974; was received from 58 resident's• about problems caused by construction in the area. The traffic from the site is travelincy closer. to homes than was, agreed to. Barricades have improved the situptiori some. Mr. Jullie said the contractor will route all trucks weichinc less than six tons on Chestnut, with he airier.vexhicles using another temporary road .' The presently bare areas in ttie development will be seeded with rye crass to keep blowincr dust under control. If there is still a problem with dust from the road, the contractor Will be asked to haul in vravel and provide dust coating. No residents=weire present to speak. .,yEf .Council Meetina -4- May 14, 1974'_ B. Petition from residents requesting a reduction in speed on C.S:A.H. #4 north of T. H. #5 to Townline Road. A petition with 993 signatures was presented. Public safety Director Hackina said that Mrs. Emswiler, who circulated the petition, contacted him about 10 days acto with her concern about the traffic on Co, Rd. 4 and the safety of pedestrians crossina particularly in the vicinity of the grocery store and the library. The City of Eden Prairie does not have the authority to lower the speed limit, and must request that the State do so. It was felt a survey taken of pedestrian use in November, 1973, by the County was not meaninaful, since it took place after tennis and baseball were over and before ice skatina and hockey. The Public Safety Dept. recommends that the speed -limit be lowered from 50 mph to 40 mph and that the pedestrian crossing be uparaded and marked, as well as asina radar for enforcement of the speed limit. Officer Tyson is working with the* schools-to urge use of the crossing only at the arrocery, rather than other locations on Co. Rd . .4 as well. Mrs. Meyers said that the Bikeway/ Hikeway Task Force is working on a permanent solution to this problem but this is the first step to a permanent solution. Mrs. Meyers urged the Council to adopt a resolution requestina the State of Minnesota to lower the speed- limit to 40 mph and make safety improve- ments in the pedestrian crossing, with copies of the petition and minutes of this meetinq to be forwarded to the Hennepin County Board of Commis- sioners and the County Administrator, Mr. Osterholt presented a sample resolution to this effect. Mrs. Meyers moved adoption of the Mayor's Resolution No. 846 , with Mr. Penzel seconding the motion. The motion carried unanimously. Mr. Penzel then requested that the County Commissioners meet in joint session with the City Council to resolve various*mutual problems. Mr. Penzel moved, Mrs. Pauly seconded that the Hennepin County Commissioners be invited to a meetinq with the Eden Prairie City Council at the earliest opportunity. Motion carried unanimously. V. RESOLUTIONS, AND ORDINANCES: A. Second Readincr, Ordinance No. 253 , Lake Eden Heights, single family { plat of 192 lots. Since the rezoning agreements have been executed , Mr. Penzel moved, Mrs.. Pauly seconded that the second reading of Ordinance No. 253 be approved. Motion carried unanimously. B. Second Reading., Ordinance No. 257, regulating the use of highways within the City of Eden Prairie , incorporating provisions of the State Highway Reaulation Act by reference, and imposinar a penalty for the violation thereof. Mrs. Meyers moved, Mrs. Pauly seconded that the second readincr of Ordinance No. 257 be approved. Motion carried unanimously. Cotincil Meetina -5- -May 14, 1974 C ._ Second Readina, Ordinance No. 258, regulating the operation of motor vehicles within the eity'of Eden Prairie, incorporating the provisions of the State Drivers License Law by reference, and imposing a penalty for the violation thereof, and repealing Ordinance Nos. 172 , 173, and 174. Mrs. Pauly moved,- Mr. Penzel seconded that the second reading of Ordinance No. 258 be approved. Motion carried unanimously. D. Resolution No. 839 , concerning Federal Revenue Sharing'Funds. Mr. Heinrich said that this resolution must be adopted annually to record how Federal Revenue Sharing Funds- ace-being used. Mr: Penzel suagested that the designation "village" be chanaed,to "city". He also requested consideration of use'of such funds in the future for park development. Mr. Heinrich said the appropriate time to so designate would be during consideration of the 1975 Budget. Mi. -Penzel moved, Mrs. Meyers seconded that Resolution No. 839 be adopted. Motion carried unanimously. V1. REPORTS OF OFFICERS, BOARDS & COMMISSIONS: A. Report of Public Safety Director. Presentation and discussion of Annual Report of Public Safety Department - Police and. Fire Decisions. Mr. Heinrich expressed his pride in the Public Safety Department, one of the better programs in the City. Mr. Hacking then introduced Fire Chief z Ray Mitchell and Assistant Chief Gene Jacobson for presentation of the Fire Department Report. Chief Mitchell thanked the Council for their cooperation and ixpressed the appreciation of the department for the two new pieces of equipment. He said Mr., Jacobson is on the Board of Directors and Secretary of the new Fire Training Facility at St. Bonifacius. Trainina sessions and fire calls increased in 1973 (over 1972) from 228 to 317, with loss down considerably. Chief Mitchell.requested con- sideration by the Council in the near future of three more pieces of equip- ment, .an addition to the present station.,-qn. Mitchell Road, and a new fire station for an estimated total cost of from $700,000-$800,000. The Eden Prairie Volunteer Fire Department is now very.dependent on Mutual kid: one larae fire would require all equipment plus help from neighboring communities-in- combating the fire and manninci the station for other calls. - He expressed the desire for the Council to act soon. There are now 43 members of the department, with four ,18-year olds doing a good f ob,. They re que st approval to train 17-year. old s who then could become full-fledged members at age 18. .-Daytime response has increased from 17 to 24 men since the pocket paaers came into use. The Fire Dept. Pancake Breakfast proceeds were used-to pay for tables, hoist and washer and drier at ihe'•station, as well as squad truck equipment. Public Safety Director Hackinq concurred with the equipment request of the Fire:Department. He then presented the Police Department Report. At the end of this first year of operation, much has been accomplished in Council Meeting -6- May 14, 1974 crime prevention. Keith Wall attended the Crime Institute,in Louisville for training, and was top man in the class. Crime prevention seems to work: accidents are down from 198 to 160 in 1973 , with more drunk drivers being apprehended and fewer burglaries. Vandalism is a problem and the department is attempting to lower its incidence by workinu with the schools . v There were four Community Service Officers last year and there will be eight this year. Cadets have contributed 1 ,300 hours; the Police Reserve 1 .500 hours; and six Public Safety Officers have logced 4,657 hours of uncompensated overtime. Mr. Penzel noted that Eden Prairie's Public Safety Department was impressive in both demeanor and appearance of personnel and equipment at the May 1 Law Enforcement Day Exhibit at Southdale, in which five communities took part. In answer to questions from Mr. Penzel, Mr. Hacking noted that the report shows the total amount -in fines received by the City. The Fire Department has received contributions from firms and individuals that total close to $12,000. A member of the audience noted that the Public Safety Department deserves great credit for saving the life of Pat Casey's son. Mr. Heinrich noted the cooperation of the Public Works Department with the i Public Safety Dept. He said-he is negotiating with the Metropolitan Airport Commission for construction and equipping of a fire station at 4L Flyinc Cloud Airport. After June 1 , the MAC will have new administrative f. procedures and there should be affirmative action on the station. Mayor Osterholt commended former Mayor Redpath, who wa-s in the audience, for initiating the Public Safety Department during his-term. He also read a letter from the Minnesota Safety Council announcing a Meritorious Award for 1973 to the Eden Prairie Public Safety Department for pedestrian and motor vehicle safety. a H. Reports of City Engineer: 1 . Receive feasibility-report on sanitary sewer, watermain and street improvements a o. Rd. 1 and Franlo Road from Co. Rd. 1 to Amsden Road. Mr. Jullie said this project in southeast Eden Prairie includes several pro- jects to serve developments-in the area. It also includes some upgrading of Franlo Road to improve sight distances. About 77% of the assessment area is under the control of three developers. Part of the construction will be for a Loop trunk watermain to balance flows and to-'eliminate dependency on a long line. There will be some corrections to make on the rolls which will be made before the public hearing. He noted that Rate D (Lateral Water service) is the same rate as estimated for the Scenic Heights-area for development that occurred before June 22 , 1971 . The acreage figures- assigned to Olympic Hills may be too high and will be adjusted accordingly. The Council may want to further discuss trunk newer and water assess- Council Meetino -7- May 14 , 1974 ments for.the•Golf toursp.. Mr, jullie suggested that the Council order preparation of plans and specifications at this rneetinct so that they may be approved immediately after the public hearing is closed. This would eliminate a two to three week delay that would`make,it doubtful that con- struction would•be completed this year.' This project area does riot extend,further. south of Co. Rd. 1 because of elevations and the-necessity for- a lift station in that area. Mayor Osterholt succrested holding the hearing in the Vocational-Technical School auditorium. Mrs. Meyers moved, Penzet seconded the adoption of Resolution No. 841 rece ivinv-the report, callincr for a public he aring on June 11, I W 4, possibly to be held at Vocational-Technical School; and ordering preparestion of plans and .specifications on Projects SAN 73-7-0511 , WTR 73-8-0711, SAN 74-1-1-2, SAN 74-7-12, and STR 74-3=12, utility and street improve- ments alone Co. Rd. 1 and Franlo Road. Motion carried unanimously. 2 . Resolution concerning operation of the Water Treatment P16nt for the _Environmental Protection Acrency. _ Mr.. Jullie.said the terms of'the Federal Sewage Grant received for the r - .Water Treatment Plant•'.requirP'Ipassaae of this resolution: Mr. Penzel moved,. Mrs. Meyers seconded that Resolution No. 842 con- cemine treatment of industrial wastes at the Water Treatment Plant for EPA be adopted. Motion carried unanimnoiisly. 3 . (''nnsidPr I of the final Plat of "Basswood First Townhouse _ AArifti inn" , located in The Preserve at.-East/West Parkway`aind Basswood Road. , Mr. Jullie said there will be 28 townhouses units. The` utilities are in place, some townhouse units are under construction and some street-and driveway construction is underway. No bonding-is required. Rezonings and preliminary plat approvals are in order. Negotiations are underway on the park and open space regulation. The trailway on the north side was platted with the previous Basswoods First plat. The street widths are adequate for fire equipment and snow removal. Mrs. Pauly moved, Mr. Penzel seconded approval of Resolution No. 843 approving the final plat of 'Basswoods First Townhouse Addition". The Mayor called a recess at this point. C. Reports of Community Services Director: 1 . Consideration of purchase of-42 acres from The Preserve for park purposes (Moorings). Mr." lessen, reviewed the proposal, which was discussed on May 6, 1974, at th'e joint Park and Recreation Commission-City Council meeting. He displayed the Anderson Lakes Park Concept-Plan and pointed out this Parcel in the south end of the park. Funding has been solicited and Council Meeting -8- May 14, 1974 committed from Metropolitan Council Bonding Authority,. LAWCON (Federal : agency), and Minnesota Department of Natural Resources: : . :. ." - -,:: - The cost of $665,000 includes relocating the family livine-in the existing house on the parcel ,. removing the house, and approximately.$25,000 for a barrier-along the entire west shore of Anderson Lakes: The entire $665 ,000 is expected to come from the Metropolitan Bonding Authority. Other lands within the park have been purchased. using Federal LAWCON- and State Natural Resource funding-and County Lake Improvement funding. _ Some of the parcels have been bought-on-a 5 0/5 0 Federal and State basis with 'no County,or Local money involved, while others have been purchased -.-.using financing as follows:50% from Federal LAWCON funds, 25% from State Natural Resource Program, approximately_16% from Hennepin County Lake Improvement;- approximately-9`lE from Eden Prairie Local funds. Former Mayor Paul Redpath said that the funding is available for the ;Purchase r of the Anderson Lakes property because it has the highest priority in the metropolitan area. In. 1973 , when the City, applied for LAWCON Contingency funding for this parcel, it was designated as ene of the top six national priorities. This high priority has come about as a result of interaction -and cooperative- planning on the part of.many agencies, includina Eden Prairie and Bloomington, Hennepin County, and the Metro- politan Council. Eden-Prairie is the agency designated.to-carry out the acquisition on the west side of Co. Rd. .18 while Bloomington is designated to carry out the acquisition on the east. side of Co. Rd... 18 in the Tierney,s Woods area. : The value of $630,000 for the land alone was arrived at by an independent real estate appraiser employed by the City for that purpose. -The Preserve r also employed an appriser, who valued the property at $21 ,000 per acre, or $875 ,000 total. jessen noted that two. years ago, The Preserve-felt land was worth $20,000 per acre and that has- always been their asking price, and they have come down from that-in light of the City's offer to purchase. Mr. Penzel said that the Park and Recreation Commission has unanimously recommended that the City proceed with this acquisition and install the barrier where The Preserve property abuts the -Anderson Lakes area so that 1 the wildlife and nature center concept for the park can be achieved. Expert opinion in this field has said that it is absolutely mandatory that a barrier be constructled if the integrity of the wildlife area is to be main- tained. Mrs. Meyers voiced strong support for the nature concept at Anderson Lakes and stated she feels Eden Prairie has a unique opportunity to provide a natural, not man-made area, which includes a variety of habitats, terrain, and wildlife. Mrs . Pauly noted that the wildlife has left the Round Lake area as a result of traditional park development and she felt it was necessary to have a barrier in order to maintain wildlife around Anderson Lakes. It was noted that The Preserve two or three years ago requested approval for development of this property with townhouses and apartments. At that time, it was tabled indefinitely. Mayor Osterholt said $210,000 in tax (n Council Meetina -9- May 14, 1974 revenue would be lost to the City, County, and School 17istrict'if this property were not developed, Penzel noted that a significant portion of the loss is offset by the increased property values of fully developed adjacent properties. The community as a whole becomes more attractive and therefore more valuable. Mayor Osterholt noted that this is the case in the vicinity of the lakes in Minneapolis. In ans*er' to a question from the audience, Mr. lessen said that no concessions were made to The Preserve in order to purchase the property at this price. Mr. Putnam noted that thouqh it is partially swamp, this land could be'developed. He cited examples like Pentagon Park where this was done economically. Setbacks for future road expansion for the East/West Parkway were included In the former plat. The second lane (50-60 ft.) would come from this property. The.remaininv land to be purchased in Anderson Lakes includes four 10-,acre parcels , a one acre parcel, a five acre parcel, and a six acre parcel plus nine individual lots with seven houses on them. Mr.-fessen has talked with some of the owners of the larger parcels and sucraests' appraisals be secured on these so that negotiations may start immediately. In answer to a question from Mrs. Meyers, Mr, jessen noted that about 209E of The Preserve is committed to open space. That includes 55 acres on the west shore of Anderson Lakes, a 22 acre school/park site, internal corridor areas, smaller pl aycroun►d s, and the 110 acre Neill Lake re stora- tion and open space area for-a total of over 200 acres. 'George'-Garter, representing The Preserve , noted that they have held this: land since 1971 so that the Anderson Lakes Park Concept could be carried out. This is something no other community has: a wildlife area adjacent to freeways and a major retional shopping center. It is a unique wildlife-area on lakes that are shallow and cannot be used for boating or swimming. The Preserve has purposely not sold any lakeshore lots, but have-woiked to preserve and protect the Anderson Lakes. He indicated willingness to work with the City on implementing the park concept. There was discussion of the use of money approved for expenditure in the Park Bond Issue of 1968. Mr. Osterholt said that over 358 acres' more have been acquired in areas adjoining land dLasignated in 'the Bond Issue than were on the original program.. Mr. Perbix said the legality of this depended on the. language of the question as ,submitted to the voters . He felt it probably:could be interpreted generally. Bond Issue funds were used to buy park land on Round, Stara, Anderson, and Bryant Lakes'. Concern was expressed by Paul Choiniere about what he felt was the neglect of park needs in some areas.of the.community, specifically in the Ede nview area of northern Eden'-Ptairie Mary Hayden spoke in favor of the City's priorities` in proceedlncr with Anderson Lakes land acquisi- tion. Both Andrew Daniluk and Wayne Brown spoke in opposition to the proposal because of the hiqh cost. Council Meeting -10- May 14 , 1974 Mr. Penzel noted that the City has pursued development of a temporary recreational site on County-owned 'land in Minnetonka adjacent to Eden Prairie, but that the idea had not proved feasible. Mrs. Meyers moved'. Mr. Penzel seconded to authorize the purchase cif the 42 acre Moorinqs site on Anderson Lakes for the neaotiated-price of $665 ,000 cash with•the terms to include removal of existing house and construction of the agreed-upon barrier from the Rina Road to the East/West Parkway. Motion carried unanimously. • Mrs. Pauly moved, Mr. Penzel seconded that the Park and Recreation Commission and staff conduct a study, to identify needs 'for neighborhood facilities in the community, including the Edenview area, and recommend a course of action. Motion carried unanimously. Mrs. Meyers moved, Mr. Penzel seconded that the-staff be directed to secure appraisals and seek options'o,n the remaining large parcels at Anderson bakes and continue to seek funding from the Metropvlftan Open Space Proaram. Motion carried unanimously. 2. Consideration of the feasibility of acauirina Olympic Hills Golf Club for Municipal golf course. Mr. Jessan presented his preliminary report. Mr. Penzel moved, Mrs. • Pauly seconded that the staff be directed to contact Brauer & Associates for an overview of the report on the Olympic Hllls Golf Course proposal. Motion carried unanimously. 3. Consideration of establishment, of tree nursery at Round Lake Park. Mr. Jessen presented the proposal for the development of a location for plantings tb.at can be used for general public purposes by the City. The residents of Luther Way are in concurrence with the location for nursery as it would provide a buffer between the homes and the Round Lake Park road. They are concerned that the area be well maintained. Mr. Scherer, from the Eden Prairie Jaycees , said they have 500 evergreen tree seedlings they would like to plant here for public use when they grow larcrer and could be moved. In answer to a question from Mayor Osterholt, Mr. Jessen said that overflow parkins (which occurs usually at Schooner Days and 4th of July) can be accommodated behind the library and north of the ballfields: The trees that would be planted would be only for City use. This is a 000d location because Round Lake is a focal point in the community, it is accessible, and (because of the proximity of residences) should be easily supervised. Mr. Penzel moved, Mrs. Paulyseconded that the tree nursery at Round Lake Park be approved. 'Motion carried unanimously. i Council-Meeting -11 May 14,..1974 . 4. Consideration of participation with the Eden Prairie Lions Club in constructing the picnic pavilion at Rourid Lak6.'Park. Mr. Jessen presented the proposal and. his recommendations for this ' improvement, and a revised Park and Recreation Capital Improvement Pro- . aram for 1974. These expenditures were recommended for adoption by the Park and Recreation Commission at its May 6, 1974, meeting.. Mr. Penzel moved, Mrs. Pauly seconded that participation.with the Eden Prairie Lions Club be authorized for construction of the picnic pavilion and that the revised Park and Recreationapital.Improvement Program be approved, with the extra funds needed (about $-2 ,835) to'come from the Contingency Reserve Fund, as recommended by the Park and Recreation Commission on May 6, 1974. Motion carried unanimously. 5 . Communication from Mr, Korman Jarrett concernina his interest in selling 20.33 acres to the City. r Mr. Jessen reported that Mr. Jarrett is interested in selling 20.33 acres north of Valley View Road and west o4 Purgatory Creek to the City for park purposes. It is across the. caceek;frogi proposed Edenvale school/park site and adjacent to land already in City ownership for park purposes. Mr. Perbix succiested that the City negotiate a 90-day option. Mr.. Penzel moved, Mrs. Meyers seconded that,the City staff negotiate a " 90-day option with Lorman Jarrett for 20.33 aq"res north of Valley View Road and west of Purgatory Creek for•park purposes. Motion carried unanimously. 6 . Communication from;Congressman Frenzel's office advising approval of 150,000 of funding for Anderson Lakes Park. Mr. Heinrich reported that Federal grant approval for 1.974 LAWCQN funding had been received. This-will be used for purchase of the properties at Anderson Lakes belonging now to the Blacklocks, Browns, and Eleanor Holasek. 7. Consideration of rental rates for Starinc Lake properties. Mr. Jessen presented a. report concerning specifically two houses owned by the City which are now rented. There will be vacancies within 45 days. These houses are useful as. "guardians" of the park area.. Mr. Jessen suggested•that rental rates be.established at 10%•,pet.year of the appraised house values. Leases were suggested on a month-to-month basis. In this way, reasonable- short-terin returns would be realized, with reasonable profit in the long run when the buildings may be sold or moved. Mr. Perbix expressed the opinion that City ownership of real estate, especially single 'family dwellings, leads to problems. In answer to a question, Mr. Frane said the Council will have. an idea about what could be expected from 1 sale of these houses (to be moved), after the houses on Leona Road are sold on June 25. Mr. Jessen also recommended that renters be responsible Council Meeting -12-- May 14, 1974- for ordinary and minor maintenance, with the City taking care-of items costing over $100 (if it chose to repair the premises)*. He'sucraested further that if the houses are to be rented that City employees have first ' Priority for rental of the houses at the rates established. Mayor Osterholt requested a complete report on all properties owned by the City. This matter will be discussed further at the May 28, 1974, Council Mtg. D. Report of City Planner: Discussion of proposed set-back requirements. This.matter will be discussed at the May 28, 1974, Council Meeting. E. Report of City Attorney: Consideration of financing plan for utilities and streets in Village Woods First Addition. Mr. Perbix reported that a letter of credit, which is irrevocable, has been submitted for financing 120% of estimated amount of improvements (utilities and streets) in Villaqe Woods First Addition. There will be no special assessment. The letter of credit will be treated as cash and the City will be reimbursed according to schedule. If the i developers do not make the payments, funds will be received from the bank under the letter of credit. The staff recommend acceptance of this financinq plan. Mr. Penzel moved, Mrs. Meyers seconded approval of the financing plan for utilities and streets in Village Woods First Addition. Motion carried unanimously. x F. Reports of City Manager: 1 . Selection of consultant to perform Commercial Needs Study. Mr. Heinrich reported that cost estimates for the study are -higher than the budgeted amount, but he felt it would be worth spendincgr the extra money. In answer to a question from Mrs. Meyers, Mr.. Perbix said a six month moratorium on zoning could be put into ordinance form , and if the study could not be completed during that time period, the ordinance could be amended, if the Council desired. Six firms submitted proposals. Mr. Heinrich recommended Brauer and Associates be retained for the study because of their long-term experience with the community combined with his approach to solution of the problem. Mayor Osterholt suggested that a meeting be- arranged by staff at Brauer's offices to further discuss this. He also suggested consideration of an update of the Comprehensive Guide Plan, with the Commercial Need Study as first priority. d6dncil Meeting ' -a 3- May 14, 1974 Mr. Penzel moved, Mrs. "Meyers seconded that the staff be directed to set up a meeting at the-offices of";Brauer and'Associ`ates on Wednesday,May22 at-4:.00`p. rri. Motion*carried'unani moil sly . Discussion of•fundina of Eden Prairie Co•mmunity' Education Program_. (continued from 4/23/74 Council Meeting) Mr. Heinrich stated that the community is just beginning to understand the scope and value of the Community Education Program. It was suggested by the Council that there should be a measure of,its :effectiveness. ' Mr. Penzel moved, Mrs. -Pauly seconded that furiding for the Eden Prairie Community Education Program in the amount of $3, 750 be approved. Pauly, Penzel, Osterh6lt, and Meyers voted aye. - 3. Discussions of Recreation•Supervisor 'for 1974. v Bill Bye reported on the unanfmou's •redommendation made at the May 6, 1974, Park and Recreation Commissibrf'meetirig' to•request that the Council dedi- cate in perpetuity accrued monies from liquor fees and/or municipal liquor store profits for park and recreation purpases,- and:also immediately hire Permanent staff for Recreation Program supervision. Mr. lessen cannot be expected to ad'equateiy'perform both long-range- pLannina and day-to-day supervision of park and recreation_programs, and it is the day-to-day pro- giarn 'that is suffering. This would give* an opportunity to provide better service to the present residents and air opportunity to explore non-athletic creative programs. This is a community, he said, that leans heavily toward men/'boys programs and an effort should be made to also provide more for women/girls and for participation also in other ways that would have as high priority as athletics: .Mayor Osterholt suggested an ad.•hoc committee of representatives from EPAA; Mrs. Jaycees, School Board, City Council, r° 4iid staff to propose women/girls-programs. Mr. Richard Anderson supported Mr. Bye's statements. He said interns do a good job setting up programs, but they are only, here three months - not long enough to follow throuqh and see that ptooracfts are carried out. The needs of the community have crown and assistance is needed full time to carry out this function Mr. Scherer agreed with Mes srs.- Bye and Anderson. He thought citizens would-be short-changed without the necessary supervision and follow- through a permanent Recreation Supervisor would provide. Mayor Osterholt expressed the hope that this could also mean more people could be served by the recreational program. Mr: Penzel pointed out that the major problems occur in the Fall and Winter Proerams when interns are often not available for the day-to-day supervision and details. Mr. Penzel moved, Mrs. Meyers seconded that an ad hoc committee be established to develop plans to upgrade female recreational programs, both athletic and non-athletic, and also to accept the Park and Recreation `.'. Commission'recommendation to dedicate liquor license fees and municipal h4 Council Meeting -14- May 14 , 1974 liquor store revenues for recreational. use, with $7 ,500 to be used immediately-to employ a full-time Recreation Supervisor for the remainder Of 1974. Pauly, Penzel, Osterholt, and Meyers voted aye. . 4. Completion of Enaineerincr Specifications for the City of Eden Prairie. x Mr. Heinrich displayed the specifications book which will be available i for the.use of contractors and citizens. G . Reports of Mayor: I . Appointments: There are no appointments to make at this time. 2. Communication from Minnesota Safety Council. This letter informed the City of the May.23, 19 74, dinner for presentation of the award referred to in Item VI.A. of these minutes. H. Report of City Clerlc:, City Clerk's Recommended License Application List dated 5Z14/74. Mr. ,Fenzel moved, Mrs. Meyers seconded thakt the License Application List be approved. Motion carried unanimously.. VII. FINANCES: A. Payment of Claims No. 4099-4210. After clarification of several items, Mr. Penzel moved, Mrs. Pauly seconded that payment of Claims No. 4099-4210 be approved. Pauly, Penzel, Osterholt, Meyers voted aye. B. Cash and Investment Report: Mrs. Meyers moved, Mrs. Pauly seconded that the Cash and Investment Report of May 14, 1974, be accepted. Pauly, Penzel, Osterholt, Meyers voted aye. Mr. .Frane noted the Improvement Fund balance was negative and bond sale would be necessary. VIII. AMURNMENT. Mr. Penzel moved, Mrs. Meyers seconded that the May 14, 1974, meeting be adjourned at 12:10 a.m. Motion carried unanimously. Respectfully.submitted, Elizabeth G Johnson, Acting Deputy Clerk