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HomeMy WebLinkAboutCity Council - 02/11/1975 E MINUTE EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 119 1975 7:30 PIr, CITY HALL COUNCIL MEt1BERS: Mayor D. Vi . Osterholt , William Bye , Joan Meyers, Sidney Pauly, and Wolfgang Penzel COUNCIL STAFF PRESENT: Acting City Manager John D. Frane; City Attorney Harlan Perbix; Planner Dick Putnam; Director of Community Services Marty Jessen; and Engineer Carl Jullie INVOCATICN - Dr. Gary Peterson, Immanuel Lutheran Church of Eden Prairie . PLEDGE OF ALLEGIANCE ROLL CALL I. MINUTE A . Minutes of Reeul_ar Meetina Held January 28, 1975 B. Minutes of Regular NeetinE Held February 4, 1975 Deferred until February 25, 1975 . II. BID A:+ARDS A. Consider bids received on Friday February 7p 1975 on I.C. 51-2b9, uu .sic works projects for the Lochanourn itionLotus iei,,: Drive area and on Center Drzvedb Resolution No . 950 . The City Engineer stated the City received 1$ bids with Northdale Construction submitting the low bid of $4089019.40. Bids were 1V-2011a lower than previous estimates. Cost per lot is as follows: Developed Lot --$4040, Developed Lot with- out Curb and Gutter - $35209 and Undeveloped lots - $4520. A discussion followed regarding savings to be realized if water was not run along 101 and placed along sewer line . Mr. Irvine stated his objection to placement of sewer line and assessment for water lateral. . Mr. Albrecht asked what effect the storm sewer had on total project cost and the Engineer stated $6000. Mr. Irvine auestioned his property being assessed while some other property was not and the Engineer explained the method t of assessment. Hlinutes -2- February 119 1975 II. BID Ar:ARDS: ( Cont' d. ) A . Consider Bids. . . Mr. Robert Nielsen asked what difference there was in the thickness of the concrete when curb and gutter was included and how long this would extend road life. Mr. Husby said 1/2 inch thicker but could not estimate extended life of road. Meyers moved to adopt Resolution No . 950 accepting low bid of Northdale Construction Company, Inc. in the amount of $408,019.LO for I .C . 51-2699 Projects SAN 73-7-21,SAH 73-2-21, UTR 73--8-21, %a:TR 73-2-219 1,1IS 74-9-149 Sanitary Sewer, ::ester- main and Street Improvements, Bye seconded. Motion carried unanimously. Pauly moved that Council consider the proposed watermain along Hgwy. 101 be assessed as a trunk oroject, Penzel seconded . Bye , Osterholt, Pauly and Penzel voted "Aye", 14eyers voted "Nay" . 1,:otion carried. F III. PUBLIC HEARINGS: A. Cedar Forest 2nd Additionp by Josevh Semrad reauestin€ rezoning from aural to - for singe fandly lots, preliminary plat approval, and recommended Landhold Agree- ment. The site is located east of Cedar Forest. 1st Add- ition and north of Riley Creek. Resolution No. 949• City Planner Putnam presented to Council and explained reason for moving road and the need for a variance on required size for eight lots and Landhold Agreement. Meyers questioned grading, drainage , degree of slopes, etc. , Engineer Jullie explained. Council Members questioned City Planner regarding access to outlot, possibility of walkway, playfields, number of lots, and maintenance of outlot; and he responded. Mr. Bye stated Mr. Semrad saved the trees and built on natural land prior to any rules or regulations requiring him to do so and his consideration -for the land should be noted. Mayor Osterholt suggested the Semrads see an attorney before signing any agreements to avoid problems such as those en- countered with Mr. Dorenkemper and stated he did not want them to feel their rights had been violated. Mrs. Semrad replied they understood the Landhold Ag-reement and had talked to 2a:r. Putnam and felt they did not need an attorney. A discussion followed with Council Iembers discussingthe comparison between Mr. Dorenkemper' s request, which was denied, and Mr. Semrad's request . ey 17 Minutes —3— February 11, 1975 III. PUBLIC HEARINGS: (Cont'd. ) ' A . Cedar Forest 2nd Addition. . . Pauly moved to adopt Resolution No. 949Rapproving the preliminary plat of Cedar Forest 2nd Addition as produced by Coulter & Assoc. dated February k, 1975 incorporating the recommendations of the Planning and Zoning Commission and Staff Report dated January 9, 1975 recommending Alter— native No. 3 ; and acceptance of dedication of Outlot A in lieu of monetary consideration; Cedar Drive not to have • inclines steeper than 71�a; access to Cutlot A ; and Fir. Semrad to provide acceptable interim use playground approved by staff for use of Cedar Forest Residents. Penzel seconded. Bye, Pauly and Penzel voted "Aye"j Meyers and Osterholt voted "Nay" . Motion carried. Meyers moved' that Ordinance No. 285 be denied as not consistent with current City policy of no development in rural unsewered areas on less than 5 acres. Pauly seconded. Bye, Pauly and Penzel voted "Nay" , and Meyers and Osterholt voted "Aye". Notion defeated. Penzel moved to approve first reading of Ordinance No. 285. Pauly seconded. Bye, Pauly, and Penzel voted "Aye" and Meyers and Osterholt voted "Nay" . Penzel moved to reconsider previous action on Resolution No. 94% Meyers seconded. Motion carried. Penzel moved to reconsider adoption of Resolution No. 949A on grounds rezoning motion did not have enough votes to carry, Meyers seconded. Bye , ?Meyers, Osterholt, Pauly, and Penzel voted "Nay". Motion defeated. • �x .. i,.. ..•.� .... ,,.,. ..,.. ..,.r,•..,,,- .moo•• .... ..•+.,. .,,,,,.. s•4. .' r s ♦w+•,w..�•• »+.r-... .,.... Minutes February' ll, 1975 III. PUBLIC HEA RI143 : (Cont' d. ) B. 4 5 Mini-Sector Study. land use and transportation study or a6out`550 acres surrounding the County Road 4/T.H. 5 intersection. Bye moved to continue the 4/5 Mini-Sector Study present- ation until February 25 , 1975 meeting, Penzel seconded. Motion carried unanimously. C. Family Care and Groun Care Homes Fenzel moved to refer to City Attorney to draft Ordinance in final form for presentation to Council, Bye seconded. Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS : A. 2nd Reading of Floodnlain Ordinance No . 276. Penzel moved to approve 2nd Reading of Ordinance No. 276, {A Meyers seconded. Motion carried unanimously. B. 1st Reading of Ordinance No . 281, an Ordinance controlling rugs, barbituraLes, codeine and inhalations of dangerous substances. Mr. Frane introduced Mr. Bridger, Detective with EP Public Safety to answer any questions the Council Members might have concerning the Ordinance. A discussion followed regarding a number of changes in the wording of the Ordinance which had been brought up at meeting February 4, 1975 . The City Attorney said the changes had been made . Mr. Bridger explained that juveniles would be handled through the Hennepin County Juvenile Courts snd adults would be handled locally. There is a $300 fine for violation of this Ordinance . Penzel moved to approve 1st reading of Ordinance No. 281 as presented, Pauly seconded. Motion carried unanimously. C« 1st Reading of Ordinance No. 286, Rezoning Area F of e Preserve CommerciaI Plan to PUD 74-12F. A discussion followed the presentation of the Ordinance with Council Members attempting to clarify what this type of PUD would accomplish. ( Penzel moved to continue matter until February 25 , 1975 ( and have City Attorney present Council with Developer' s 1, signed agreement, ?sayers seconded. Motion carried unanimously. i c. Minutes --5- February 11, 1975 V. REPORTS OF OFFICE?S, BOARDS & C01S'ISSI01,1,S : A. Report of City Sngineer. 1. Final ulat approval of ?dill Creek 3rd Addition as re-platting of Block 2 ,, !-�1111 Greek -2nd TUTT`E"Ton. esoluticn No. 94E4. Penzel moved to adopt Resolution No . 94ft Pauly seconded. a Motion carried unanimously. R E 2. Participation in Minn. Hirhwav Dent . Traffic Control evice inventory Fro ject. City Engineer Jullie presented to Council and answered their questions regarding; whether this project covered traffic signals, street name signs , City' s share of cost,. redesign and improvements, etc. Meyers moved to direct staff to make application for participation in the Y;HD Traffic Control Device Inventory project and approve contract for consulting services with Jack Anderson Assoc. per the City Engineer' s memo of February 5 , 1975 , Penzel seconded. Iriotion carried unanimously. 3 . Change Crder No. 1 for Northeast Area Trunk Sanitary service - Improvement Uontract 1vo. 51- c Baroorossa . Sons, Inc . Mr. Jullie explained the firm has encountered bad soil conditions which could not be predicted by the soil borings, and that the bid was not a "fixed price bid" and quantity of pipe used was not included in bid. Penzel moved to approve Change Order No. 1 for I.C. 51- 264 in the amount of $62,920.00, amending thereby the p total contract amount to $1079,106. 50, Meyers seconded. Roll Call Vote taken and motion carried unanimously. B. Report of Planning Director. 1. Discussion of Conmiunity Development Act. • Mr. Putnam uresented to Council and stated Eden Prairie' s share should amount to approximately $209000 and requested the rlayor sign a letter to the I�etro Council for extension. of the deadline for applications to March 13 , 1975• Penzel moved to authorize the Idayor to sign letter to Metro Council requesting; extension of deadline for appli- cations to March 13 , 1975, I1eyers seconded. Motion carried unanimously. ,L 77 I'Unutes +6- February 11.9 1975 V. REPORTS OF OFFICES , BOA RDS & COIF;`"ISS IOI:S : ( Cont• d. ) B. Discussion of Community DeyeloDment Act Cont' d. Council I•1embers discussed a number of projects to submit and will give theca to Mr. Putnam soon for consideration so several ideas can be presented to Council for action. C. Retiort of Com-runity Services Director. 1. Discussion of Homeownners Associations . Penzel moved to continue discussion of Homeowners Associations until March 119 1975 meeting, Bye seconded. Motion carried unanimously. 2. Revised • 75 'CON Grant for Starins Lake Park... a Mr. Jessen presented to Council and they discussed which parcels had been appraised, etc. Penzel moved to authorize appraisals on Parcels 6 and 14 for the purpose of including them in the 1975 program, Meyers seconded. I•iotion carried unanimously. D. Report of A ctinz City i•Tanarer. 1. Discussion of Tax Increment Financint. Council Members discussed and Mr. Frane answered their questions. Penzel moved to receive and file , Pauly seconded. ?lotion carried unanimously. 2. Policy on Content of Minutes. Council Members discussed length of minutes and corrections. A decision was reached to prepare a rough draft for the Council Members and they will call in their corrections to the Deputy Clerk. The corrected tlinutes will then be presented for approval at folloiring Council Meeting. --• E. Report of Finance Director. 1. Payment of Claims Nos. 5939--6065. Meyers moved to approve Claims Nos. 5939-6065 for payment, Penzel seconded. Roll Call Vote taken and motion carried unanimously. f4inutes --7- February 11,..,,1975 VI. Nod BUSII ESQ : 4rA. Mr. Jullie presented six projects he thinks should be submitted to The Transporation Advisor-/ Board of the Metropolitan Council under the 1973 Highway Act providing Federal Aid for Urban Projects. Application must be in a by February 28, 19759 so would like matter to appear on February 25, 1975 Agenda. B. Mr. Frane asked if Council Members objected to Air. Jessen going out to contact property oi:-ners regarding property that maybe purchased by City and School Board. C. City-:ride Advisory Committee Meeting scheduled for February 24, 1975. D. Meyers requested that staff not reduce printing on various kinds of reports as too difficult to read. E. Mayor 4sterholt - place matter of bringing assessments up to current market value on agenda. F. riayor Csterholt - place matter of toll bridge on County Road 18 on agenda. G. Meyers - matter of Fiscal Disparities Law be placed on Agenda. VII. ADJOUP.NM MIT: Penzel moved to adjourn, Bye seconded. Motion carried unanimously. Meeting adjourned at 11: 58 PA:. . J � r 4` aM..