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City Council - 06/26/1973 - Village Meeting NIMUTES Y EDEN PRAIRIE VILLAGE COUNCIL TUESDAY$ JUNE 26 , 1973 7 :30 P ..N. VILLAGE HALL Council 41embers : Na or Paul P.ecin ath Councilwoman Joari ticycl-s , Nay or lr�en 1l01 fgat�n Penzel , Roder Doerger and John :icCulloc,�. Council Staff : Village Manager Robert P . Heinrich , Village Attorney Harlan Perbix I . i;Ii UTES OF REGULAR FIEETIFfG HELD JUKE 12 ,E 1973 . motion was raade by !ir. Penzel seconded by firs . Meyers to approve the minutes of June 12 , 1973 , as published . Notion carried unani- mously. 1I . cALEROF $2 , 5CO,OOG GENERAL OBLIGATION'! SEWER AND J'ATER BONDS . Hr. 306. Ehlers explained that the bids had been opened at 7 : 00 PH that evening for the $2 ,500,000 non-rated bonds . An explanation on t:ie current bond market was made as well as on the three bids . -: It was i r . Ehler ' s and iir. Fratle ' s recommendation that Bid Two be accepted . A :notion was made by Fir. Penzel to adopt Resolution Pao. 725 authorizing the sale of $2 ,500,000 General Obligation Sewer and :•later Bonds to Juran u -body, Inc . , St. Paul , at a net interest ( rate of 5 . 3248%. Mrs . i•ieyers seconded. On roll call , all voted aye , except Mr. Eoerger who was not yet present. Potion carried . III . PUBLIC HEARINGS : A. Public heari nr reviews no the proposed Major Center Area Planned Unit Devel opmM HC ,-PU , approximately 1 ,003 acre arealo- cated in all four quadrants of the I-494 and 212 interchange. sir. Heinrich stated that the [ICA has been reviewed and discussed at hearings before and at riork sessions of the Planning Commis- sion. Neighborhood meetings have also been held to explain the concept to affected residents . The :tanager then summarized the history of the task force forma- tion and the project and outlined the NCA and Village goals and objectives . Summary copies of the PICA Task Force Report of June 1973 were made available for anyone interested . -ir. Putnam, Village Planner, explained how the Task Force divided into committees to investionte and discuss the transoortRtion, land use , environmental and fiscal concerns in the Major Center Area . The recommendations of each committee were highlighted and it was reported that the t-ICA would include not only a shopping mall but other amenities such as services , housing , cultural activities and perhaps a regional library. es Council heeti ng -c- June s: ...r . Putaat.: added that the report is not a plan wholeheartedly e;idors .c: by any one group , but that the recommendations are work- able and implementable . I #:. is anticipated t;iat fi dal approval for the HCA PUD as an amendment to the 1 S G3 Guide Plan t}!i l i be given Tuesday, July 10 . motion was made by 'Ir. 3oerger seconded by Nr. EicCulloch to continue the hearing to July 10, 1973 . All voted aye . ►''.lotion carried . C . Presentation of final feasibility report and preliminary hear- ing on the Ring Road Project VTR 7Z-9 :'r . Feinrich explained that the official hearing on the construc- tion of the ring route was not possible since the notice had not been published by the Sun Hearspaper. However . a preliminary hearing could be held informing interested residents of the pro- posed project . Nr . James Nurphy of Howard , Needles , Tanmen A Bergendoff , ex- plained construction details--base , lighting, drainage , road widths and lades , boulevard and sidevial k areas . The path of the road would be as follows : Phase I : i'?ortheast be-inning at the intersection of County Road 39 and TH 1G9 and 212 ; south interchanging with I-404 ; south intersecting at. grade with 72th Street; south and vest inter- secting at grade with TH 169 and 212 ; north and west inter- secting with TH 5 at grade ; then north and west to Valley View Road . Phase I I : From Valley View Road north and east interchanging wi tth I -494 ; east and south, along the alignment of County Road GO and interchanging with TH 212 ; then south to the point of beginning --intersection of County Road 39 and TH 169 and 212. Mr . Murphy explained the economics and feasibility of the path chosen particularly of the two possible alignments between TH 169- 212 and TH 5--the toe of slope or top of slope alignments . Fur- ther , he stated that during both phases lighting , landscaping, signalization , sidewalk construction would be deferred ; however , storm drainage Mould be provided . i�ir . Heinrich stated that in conversations with the District: 5 Nr . Department, he has received indications that things look good and that t;iey are in support of t:'ie engineering recomnenda- tions in regarc to the Phase I underpass at I -4S4 and the con- struction of ramps . The ;recision as to whether the road will over- pass or underpass I -4-94 will be made by the Ninnesota Department of Highways and the Federal Highway Administration. CThe Financin of the Ring Route was explained by hr. Heinrich. The 1 recommendations of the Fiscal r.nmmittee of the P�t('A Task Force Council :'ieeting -3- June 26 , 1973 ll. were highlighted with [fr. Eeinrich expounding upon the recommended policy on financing. The net assessable cost to the Village vould s be about $9 ,150 ,000 with assessments not taking place until Sep- tember of 1974. He further stated that the assessment district has not yet been determined . To assure equity to all affected , the assessment rates mould be computed by combining the Base Rate ;iethod , Front Foot Method and Land Use/Trip Generation Method . The hearing was then opened to questions from the audience . In answer to a question from lir. Terry '�Ialton , 11401 Leona Road , Mr. Murphy* said that until exact gradings and alignments are deter- mined, a statement of who is going to be affected cannot be made. Ar. Wurphy explained to fir. Floyd Berntsen , 12655 Valley View Road . that the ring route would be located south of the present a Valley View Road and would intersect with 1-494 south and east of the Valley View and I-494 bridge. A buffer zone of earth berms k and plantings would be provided between the ring route and Valley View the extent of which would depend on the grade between the two roads. ' Mr. OcGrawi, St. Paul , representing the major property owners in the ring route area , read a letter and resolution expressing their feelings about the project. Of prime concern was the assessment policy proposed with 95% of the net cost being borne by the bene- fited properties . for . Don Peterson , President of Eden Land Corporation , expressed his concerns of grading of road at Highway 5 intersection; Front Foot Method of Assessment; limitation of assessment district in Phase I ; and the 95% and 5% sharings--urged investigation of alternatives . Hr . Heinrich introduced a letter from i4r. John B . Keefe , who represents Feeders , Inc . , which stated that a road could not be constructed on Feeders property and that they were not a part of any group petitioning for such a road. Fir. Walter Carpenter, Winnesota Tree, Inc. , stated that the ring route would impose exhorbitant costs on him and urged the council to recognize the property owners ' positions . He requested that the impact and 95%-5% ratio be reduced. Hr. Doug Johnson, Atherton , was told that land west of Purgatory Creek would not be assessed . Or. Bob Hanson, Rosemount Inc. , expressed concern about the Village ' s readiness and ability to pay for such a project. A let- ter of comments was submitted . Mr. George Carter, The Preserve, submitted a letter addressing his concerns among which were the scope of the assessment district and assessment distribution. The letter also praised the - Task ( Force for a job well done. Council Meeting -4_ June 26, 1973 Wr . Lloyd Cherney, oviner of 64 acres of property on 169 , echoed [,,Ir. Carpenter ' s Fiords and further stated that it was his feeling that all of Eden Prairie should be assessed . Mr. Cherney asked t what percentage of the 1250 acres involved are ready for develop- ment and Fir. Putnam, Village Planner, replied that 148 acres are presently before the Planning Commission even before approval of the ring route. Hr. Cherney said it was music to his ears when 1'r . Putnam informed him that he was not in an assessable area . A motion was made by 11r. Penzel seconded by Mrs . Meyers to adopt Resolution No . 726 receiving the final feasibility report on the Ring Road Project STR 72-9-26 and to continue the public hearing on July 11 , 1973 . at 7 :30 P.ii. All voted aye. Motion carried. C . Edenwest Office Building by the Oak Manor Corp. located across the street from Fairway Bloods Condominiums . Request rezoning of approximately 3 .8 acres from PUD to OFC. It was explained that the road had been pulled out of the flood plain area but this change reduced the parking to about 225 spaces . Additional parking would be available, however, at the adjacent shopping center. Pir. Henning explained that the building would house about 1/3 medical and 2/3 general office facilities. tt` A motion was made by fir. Penzel seconded by Mr. Boerger to: a) approve the first reading of Ordinance 225 for Edenwest Office Building rezoning approximately 3.8 acres from PUD to OFC 1) including the June 19, 1973 Planning Commission ' s recommendations , 2 including the Engineer ' s recommendations , 3� subject to Watershed District resolvement, b) grant a variance of the parking requirements because of the movement of the road and the adjacent use of the parking ramp. All voted aye. motion carried . D. Fairway Moods Condominium and Townhouse Project, 2nd Phase, in Edenval e, review o ed veelopment stage application for townhouses and condominium units . Concern was expressed about the fire protection and Mr. Henning replied that the new fire code requires outside fire escapes which would be provided. Easement of the pond will be worked out with Mr. Henning and Fir. -Peterson sharing upkeep. The pathway system is being worked out. A motion was made by Mr. Penzel seconded by Mrs . Heyers to approve the revised development stage within the original zoning classifi - cation subject to the recommendations of the engineer and planner. All . voted aye . Motion carried . Council Fleeting -S- June 26 , 1973 IV. PETITIONS , REQUESTS & CONNUNICATIONS A . Petition from C . H. Carter, Jr. President, The Preserve, dated May 16 , 1973 , requesting removal of 42 acres oorings from Village tax rolls . A motion was made by i1r . Penzel seconded by fir. Boerger to refer iir. Carter 's petition requesting removal of 42 acres (Moorings ) from Village tax rolls to the Village Manager for study and recommendation. All voted aye. 1-iotion carried. B . Letter from H . 0. Klossner , Henne in County Engineer, dated June 13 , 1973 , concerning ( speed survey and flasher) . # A motion was made by fir. Penzel seconded by fir. Boerger to receive and file Mr . Klossner ' s letter of June 13 , 1973. notion carried unanimously. C. Letter from Village of Burnsville concerning legal costs in cNallenge of Fiscali spar es ill . A motion was made by Mr. Boerger seconded by Mr. Penzel to autho- rize the expenditure of $1 ,000 from the General Fund Contingency appropriation to assist the Village of Burnsville in defending the State Is appeal on the District Court' s ruling on the Fiscal Dis- parities Act. All voted aye. notion carried . { D. Letter from George i. Hansen Company (J. Gregory Murphy) dated April 18;197'3;concerning suggestions for control of internal operations . An invitation will be extended to a representative of the Village auditing firm to a Hork Session meeting to discuss their audit and the 1972 financial report. E. Petition from Warren Shultz for sanitary sewer trunk extension. A motion was made by 11rs . 14eyers seconded by Fir. Penzel to adopt Resolution No . 727 receiving the petition from barren Shultz and to approve Change Order No . 3 to Improvement Contract 51-243 with Orfei & Sons Inc . on a unit price basis for trunk sewer extension on Co. Rd . 4 from Park Terrace Drive to approximately 300 feet north at an estimated cost of $6,200. Said sewer extension to be described as Project SASS 73-7-19. On roll call , all voted aye. Flotion carried. t F. Petition from Lochanburn Addition residents for sanitary sewer and water a era s . r motion was made by Hr. AcCulloch seconded by Mr. Penzel to re- ceive the Lochanburn Addition residents ' petition requesting sanitary serer and water laterals to be included in the 1974 sanitary sewer construction program in coordination with the Vil - lage of Chanhassen to proviee sanitary sewer to Lotus Lake area residents . All voted aye. Motion carried . • <w Council Neeting -6- June 26 , 1973 V . RESOLUTIONS A140 On0II!A11C2S A. Second reading of Ordinance Flo. 213 , an ordinance amending Ordinance No . 135 , rec ass fying 37 . 75 acres of the total Homart site of approximately 117 acres to C-Regional Commercial . motion was made by sir . Penzel seconded by 'Ir . Doerger approving Vie Second P.eading of Ordinance No . 213 . All voted aye . Potion carried . H . Second Reading of Ordinance �!o. 224 approving reclassification To Rl -ZZ for Alex orenkemper s�,japlet�rcod Park Estates ' Crest- wood Terrace. a A ,potion vias made by 'Ir. Boerger seconded by llr . Penzel approving the Second Reading of Ordinance No. 224 . All voted aye. (Motion carried. VI . REPORTS OF OFFICERS, BOARDS , AND COIINISSIOHS A. Report of Councilman Penzel on the activities of the South Hennepin Human ery ces oard . The board has been funded by the County for the remainder of 1973 but funds are being sought for 1974 . C. DeSantis will appear be- fore the Village Council on July 24 , 1973 , for a brief presentation. B, Hemo from Robert !!illlams , Chairman , Human t;i hts Commission, supporting t5e references to housing contained in the proposed Jajor Center area Planned Unit Development. A notion was made by iir. Penzel seconded by -Ir. Goerger to receive and file hr . I.diiliarnls ` memo . ;lotion carried unanimously. C. Reports of Village Engineer: 1. improve final plat of The Trails 2nd Addition. A motion :jas made by Mr . Penzel seconded by Mrs . Meyers to adopt Resolution Ho. 729 approving final plat of The Trails 2nd Addition . All voted aye. Notion carried. 2. Consider street lighting contract with Northern States Power Co. ., "—" adopting Resolution 730 A motion was made by Nr . Penzel seconded by ;Ir. McCullochAapprov- ing Street Lighting Contract with Northern States Power Company dated June 26, 1973 . Ali voted aye. Motion carried. D. Village Clerk ' s Report : 1 . Village Clerk ' s Recommended License P.2plication List. A motion was made by Ars . Meyers seconded by k1r. McCulloch to approve the License Application List dated June 26, 19M All voted aye. 'iotion carried . Council iteeti ng -7- June 26 . 1973 E. Village �',anager ' s Reports : I . Request authorization to rent the Village-owned cottage on the north end of Starring Lake formerly Blesi property) for living space for Eden Prairie Coordinator of Community Edu- cation. A notion was made by Hr . UcCulioch seconded by firs . Meyers to table action on this Matter until a later date. 'Notion carried unanimously. y 4 2. Request authorization to increase compensation of the Village Planner to the amount of per mFnth effective July 1 ,1973. A motion was made by Air . 3oerger seconded by Mrs . "leyers to authorize an increase of $50 per month for the Village Planner effective July 1 , 1973. All voted aye. +11otion carried . 3. Discussion of City of ilinnetonka ' s proposed Community Devel - opment Guide Plan. City Managers and Planners will be meeting in July and more information will be forthcoming . 4. Hisceilaneous : a . Received and filed a letter from the Metropolitan Sewer Board regarding corrective action on their part to re- duce odoriferous conditions present in the area of the Blue Lake Plant. b. Letter from Mr. Alan R. Vanasek of Jardine, Logan & O ' Brien, attornies regarding the Wilke death. A motion was made by Mr. Penzel seconded by Mr. Redpath to refer the letter to the Village Attorney. Notion carried unanimously. VI I . FI HAUC€S A. Payment of Claims No. 2227 through 2176. A motion was made by 101r. Penzel seconded by Mrs . Meyers to approve payment of Claims No. 2127 through 2176. All voted aye, on roll call . Motion carried . The meeting adjourned at 12:30 A.M. Suzanne Lane, Deputy Clerk