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City Council - 02/25/1974 i•iI MUTES EDEN PRAIRIE CITY COUNCIL iionday, February 25 , 1974 7 : 30 P . i1. City Hall Council ilembers : 'layor David Osterholt . Joan t;evers , John McCulloch !lolfgang Penzel . Absent was Sidney Pauly . Council Staff : City Hanager Robert P . Heinrich , Clerk John Frane , City Attorney Harlan Perbix Invocation was offered by Reverend !lilliam Holland. I . DISCUSSIGM OF HENINEPlH-SCOTT COUNTIES TOLL BRIDGE AUTHORITY BILL. Former State Senator John Metcalf and State Senator Otto Eanq were present . dr . ;ctcalf spoke in support of the H . F. No . 2243 , a bill creating a toll bridge authority. He requested Eden Prairie ' s sup- port as it was his opinion that eight years from novi Eden Prairie will want and need this bridge. T;ie creation of the authority has been necessitated because the highway department , although having selected the site , is unable to finance the bridge ' s construction . Should the legislature pass the bill to create the authority it would be 7-9 years before the bridge is constructed . It has been the concern of the Council that since construction of 169 to the bridge is not planned for twenty years , heavy traffic would result on County Road 13 through Eden Prairie . 4L Or. iietcalf informer. the Council of a meeting with the Sub-Committee on Government Operations at 4 p.m. Tuesday, February 26. ►,ayor Osterholt requested that the City be advised of other such meetings so that Eden Prairie could stay abreast of developments . II .H;IN1UTES OF REGULAR 1.;EETING FIELD FEBRUARY 12 1974 and SPECIAL cE t 1.G RELD FECRU RY 13 , 1974 . 4 February 12 , 1974 :teetinn : Page excluding the manager) after the 1971 , 1972, 1973 Compensation Plans ; and ( including the manager ' s compensa- tion as required by a previous written agreement between the manager and council ) after the 1974 Compensation Plan. A motion was made by ►ir. Penzel seconded by 11r . WcCulloch to accept the minutes of the February 12, 1974 meeting as corrected . Notion carried unanimously. February 13 , 1974 0eetin : De ete : The Special i'ieeting was called by Mayor David W. Osterholt. ' A motion was made by Jr. Penzel seconded by firs . 11eyers to accept the minutes of the February 13 , 1974 meeting as corrected. Motion carried unanimously. I l s f Council Neeting -2- February 25 , 1974 III .PUBLIC HEARING : A. Summerwoods II in Edenval e.' s 3rd Addition , request for develop- meet stage approval and rezoning to Rii 6. 5 for 40 single family homes on 13 . 45 acre site and preliminary plat approval . Provided to the Council were the Planner ' s and Engineer ' s Staff Reports , excerpts from the Planning Commission minutes of February 5 and 19 , brochure. fir.. Putnam explained the relationship of this project to Summer- woods I and showed aerial slides of the 13 .45 acre site. Dis- cussed were the staff reports as well as commission minutes . f•ir. Zachman stated he !•could be the sole developer in Summerwoods II and would be offering five home plans , three of which are now being offered in Summerwoods I . The common area would be main- tained by the Edenvaie Homeowners Association of which residents of Summerwoods would be members . 9 When questions were raised about the association , Mr. Heinrich commented that a study has been made by the staff ►rcith regard to homeowners associations and indicated a willingness to share with the Council the information gathered . fir. McCulloch expressed concern about the request for rezoning to 6 . 5 when in fact so many variances are required for setbacks . In order to eliminate the variances, however, - fourteen homes would have to be scratched . The proposed density of 3. 3 units per acre is a decrease from the originally proposed 5.8 units . In Village Woods the Staff requested on-site house style loca- tion to insure variety of homes to eliminate a tract development said Mrs . Meyers . In Summerwoods I there appears to be an adequate job of mixing styles but perhaps on-site location should be requested in Summerwoods II . Mr . Putnam replied that due to the grade levels of the site a variety will be present . To attempt to provide a vide range of housing has been the City' s policy said Pir. Penzel . The cost of large acreage lots and the high cost of assessments retakes Summerwoods a feasible method of providing that wide range. It was Mrs . Neyers feeling that with what people are spending in this type of development , they could afford to select a home on a larger lot. However, the Summer►-loods alternative to a townhouse or single family large lot home is evidently desirable. A motion a:as made by Mr . Penzel seconded by Mrs . Neyers to close the public hearing and approve the request for PUD development stage approval for 13 .45 acres Summerwoods II . Notion carried with firs . Heyers and Messrs . Penzel and McCulloch voting aye; fiayor Osterholt voting nay . Council 'Meeting -3- February 25 , 1974 II I.A . Suninerwoods II ( Continued ) A motion was made by Hrs . Meyers seconded by for. Penzel to ap- prove the first reading of Ordinance mo. 252 approving rezoning of 13 . 45 acres and incorporation of the recommendations of the Staff Reports and Planning Commission in a rezoning agreement between the City and the developer. Notion carried uanirmously. A notion was made by firs . Meyers seconded by Hr. Penzel adopting Resolution No . 821 approving preliminary plat for the 13 .45 acre Summerwoods II . Hiotion carried unanimously. IV . PETITIONS , REQUESTS AHD £OP1iMUCATIOMS : A . Request from Physical Electronics Industries , Inc. dated February 15 , 1 .074 for extention of water and sexier lines to construction project under Hunicipal Industrial Revenue Bonds . A motion was made by Hr. Penzel seconded by Mr . F1cCulloch to refer Physical Electronics ' request for extension of water lines to the City Engineer for an engineering feasibility report. 'Motion carried unanimously. B . Letter from Homart Development Co . dated February 18 , 1974 , re- questing the reservation of liquor licenses for the Eden Prairie Center. u A motion was made by Wr. Penzel seconded by fir. McCulloch to re- ceive and file Hoinart Development Conpany ' s February 13 , 1974 letter; and to instruct the manager to communicate the receipt of the letter , our desire to have Homart bring forward whatever proposals they Have in regard to licenses , and information re- garding possible liquor license legislation . i4otion carried unanimously . C . Letter dated February 20, 1974 concerning Redpath Recognition Dinner. A motion was made by 1•1r. Penzel seconded by firs . Meyers to re- ceive and file the February 20 letter . Motion carried unanimously. D. Letter from [i.A. I .A. Corporation dated February 11 , 1974 . A motion was made by firs . Meyers seconded by fir . Penzel to estab- lish a study committee of Mrs . Pauly , Human Rights Commission member; 11r. 11illiams , human Rights Commission chairman ; the City 'Manager; City Attorney ; Finance Director; and other interested commission and council members to explore the possibilities of finding assistance for the ii. A. I .A. Corporation to help bring the ilinslope plan to fruition . 'lotion carried with firs . Meyers and Nessrs . Penzel and Osterholt voting aye ; Mr . [McCulloch voting nay. ':Mayor Osterholt indicated a 0 11ingness to be a member of the � study committee. N Council i'leeti ng -4- February 25 , 1974 IV- Petitions , Requests and Communications ( Continued ) E . Proposal for bus service from Jonathan to University of Plinne- sota with stops between including 1i tc a Road and State Hi gh- way 5 . A motion was made by fir. Penzel seconded by Mr . flcCulloch to receive and file the bus service proposal and to urge the operators to include additional stops such as at County Road 4 and Highway 5 and/or as the need arises . Motion carried unanimously. F . Bicentennial Communities Program communication . A motion was made by Hr . McCulloch seconded by Mr. Penzel to hold over this item until Harch 12 but to contact organizations in the community ( such as the Historical Society) and supply copies of the communication so ideas could be presented at the Warch 12 meeting . Flotion carried unanimously. s V.ORDIHANCES AND RESOLUTIONS : A. Resolution No . 822 concerning Physical Electronics Industries , Inc . authorizing acquisition, construction and leasing of a project under the f1innesota Municipal Industrial Development Act and the sale and issuance of Industrial Development Revenue Bonds to finance the project , secured by a pledge and assignment of the revenues thereof and a mortgage of the project to a trustee , and designating the City representative for the project. A motion was made by fir . McCulloch seconded by Mrs . Meyers to adopt Resolution Wo . 822. On roll call , all voted aye. Motion carried . B . Second Reading , Ordinance No. 251 , Basswoods site dl by Mark Z. Jones ssoc . rezoning an 18 acre site from District Rural in PUD 70-3 to Rtl 2. 5 for construction of 253 rental apartment units in conformance .with revised plans dated January 24, 1974 . A motion was made by Mr. Penzel seconded by Playor Osterhol t to approve the second reading of Ordinance No. 251 ; to authorize the Hanager and Mayor to sign the City/Developer agreement; and to withhold publication of the ordinance until the agreement is signed , i-lotion carried unanimously. C. First Reading , Ordinance No . 249, forbidding certain acts of dis- orderly conduct. A motion was made by firs . ;ieyers seconded by Mr. McCulloch approv ing the first reading of Ordinance No . 249 . Motion carried unanimously. Council iieeting -5- February 25 , 1974 V .Ordinances and ResolUtions ( Continued) D. First Reading , Ordinance No. 250, providing for licensing of food establishments and setting health standards for food handling . A motion was made by 11r . Penzel seconded by ;;rs . Meyers to approve the first reading of Ordinance No . 250 ; to schedule the second reading for Harch 26 ; and to forward the proposed ordi - nance to establishments licensed for food handling and inform them of the second reading date. I-lotion carried unanimously . E . Second Readings of Ordinance No . 241 , 242 , and 236. A motion was made by Mr . IicCulloch seconded by Fors . Meyers to delay action on the second readings of Ordinance Ho . 241 , 242, and 236 until March 12, 1974. Motion carried unanimously. VI .REPORTS OF OFFICERS , BOARDS AND COMOISSIONS : A . Reports of City Engineer : 1 . Consider Change Order No . 3 and No. 4 for hater Treatment Pl ant Project VITR 71-a-30, Gunner I . Johnson & Son , Inc. A motion was made by (-Ir. Penzel seconded by Mrs . Neyers to 4L approve Charge Order No . 3 in the amount of $277 . 39 decrease and Change Order go . 4 in the amount of $33 ,069. 00 increase for Project HTR 71 -8-30 , amending thereby the total contract to $1 ,887 ,919 . 61 . On roll call , all voted aye. Flo tion carried . 2 . Receive Status Re ort on Trunk Highway 5 improvements , Project STR 74-3-08 .motion was made by Mr. Penzel seconded by Mr. McCulloch to receive and file the February 21 status report; to direct the staff to pursue Alternate A with the state and county highway departments for possible financial assistance ; and to share with IITS the plans and specifications of the proposed improve ment . Hotion carried unanimously . 3 . Approve Plans and Specifications for Phase I ( southeast leg ) of Ring Road Project STR 7-9-2T:— A motion was made by Or . Penzel seconded by Firs . i--leyers to adopt Resolution Mo . 818 approving plans and specifications and ordering advert i i--e—ment for bids on Ring Road Project STR 72-9-26 , Phase I ( southeast leg ) , Improvement Contract Ho. 51 -260. Motion carried unanimously . i Council 1•leeti ng -6- February 25 , 1974 VI . A. Reports of City Engineer ( Continued) 4 . Receive Feasibility Report on Scenic Heights area sanitary sewer , watermain and street improvements . (ir . Jul i i e stated that the feasibility report was authorized by the Council on September 25 , 1973 , as a result of the receipt of a petition from Scenic Heights residents . The report was discussed and assessments detailed . :1r . Jul1ie said that residents notified of the public hearing mould re- . ceive a copy of the assessment schedule . A motion was made by 14r. Penzel seconded by Mrs . Meyers to adopt Resolution No. E19 receiving the feasibility report for the Scenic Heights area Public Works Projects SAP! 73-1-27 , UTR 73-2-27 , STR 73-3-27 , and tlTR 73-3-27 ; and ordering a public hearing for 7 :30 p .m. on Thursday, (-larch 14 , 1974. notion carried unanimously. It was suggested that the high school be used for the hearing and the possibility of this site will be investigated . 5. Approve Final Plat of Village !foods 1st Addition_. A motion was made by ilr. Penzel seconded by i4r. McCulloch to delay action on the adoption of Resolution No. 820 approving the final plat of Village Woods 1st Addition until March 12. ;lotion carried unanimously . 6 . Discussion of amendment to Ordinance Flo . 135 Subdivision � Regulations) modif in setback requirements . A motion was made by 11r. Penzel seconded by Mr. McCulloch to refer the amendment to Ordinance No . 135 to the Planning Commission and Park and Recreation Commission for the purpose of studying the recommendation . Reports from the Commissions are to be made to the Council prior to the public hearing. (lotion carried unanimously. B . Reports of Director of Community Services : i . Consideration of appraisal report for "Moorings" ( Parcel E-10h Anderson Lakes _Park . Excerpts of Park and Recreation Commission minutes dated February 13 and 15 , 1974 and August 27 , 1973 staff report of Director of Community Services were provided and discussed . A motion was made by fir. Penzel seconded by Mayor Osterholt to accept the recommendations of the Park and Recreation �. Commission listed in the minutes of February 18 , 1974 ; and to direct the staff to prepare for Council ' s consideration re- ports on funding , development and park alternatives to be re- ceived no later than f-larch 26 , 1974. Ulotion carried unani - mously. Council meeting -7 - February 25, 1974 VI . B . Reports of Director of Community Services (Continued) . 2. Review of Hike Gorra Condemnation Proceedings Parcel E-10b) , Anderson Lakes Park . A motion was made by ilr. Penzel seconded by Mayor Osterholt to accept the recommendation of the February 20, 1974 , staff report from Mr. Jessen and proceed with the acquisition under the terms for payment and occupancy as outlined in the February 20 report. Notion carried unanimously. 3 . Review of status of Savary n Condemnation Proceedings. A motion was mace by Mrs . Meyers seconded by Mr. Penzel directing the staff and City attorney to proceed with the acquisition of the Savaryn property at the agreed upon figure of $120 ,000 , plus accrued interest in the approximate amount of $3500 and plus unpaid taxes and special assessment in s the approximate amount of $12, 500. !lotion carried unanimously. Q r t 4. Solid waste user fee required by State legislation effective (larch 1 , 19774 . This item was deleted from the agenda . C . Report of the idayor: 4L 1 . Appointment of Wr. William Bye , 6530 Leesborou h to the Park and Recreation Commission term to expire December 31 , 1974 . A motion was made by I-Jr. IlcCul 1 och seconded by Mr. Penzel confirming the appointment of Mr. William Bye to the Park and Recreation Commission , term to expire December 31 , 1974. !Motion carried unanimously. Mr . Penzel conveyed the Park and Recreation Commission' s feelings of regret that Mrs . Blacklock Mould no longer be a member of their commission . D. Report of the Manager : 1 . Discussion of prcposed guidelines concept for Eden Prairie ty Newsletter . Due to the lateness of the hour this item was deleted from the agenda . E . Report of City Clerk : 1 . City Clerk ' s recommended License Application List dated February 25 , 1974 . A motion was made by Mr . Penzel seconded by Mrs . Meyers to approve the License Application List dated February 25, 1974 . I;otion carried unanimously . Council fleeting -8- February 25 . 1974 a VI I . FI NAHCES : A. 'Payment of Claims No. 3580 - 3594 . A motion was made by firs . ileyers seconded by Fir. Penzel to approve the payment of Claims Mo . 3580 - 3594. On roll call , all voted aye. Motion carried . B. Quotation for furnishing the dater Treatment Plant Laboratory. A motion was made by Hr. Penzel seconded by Mrs . Weyers to award the furnishing of laboratory equipment to Curtin Matheson Scientific Inc . in the amount of $2 ,037 . On roll call , all voted aye . Notion carried . A motion was made by Fir . Penzel seconded by Mr. McCulloch to adjourn the meeting at 12: 20 a .m. fiction carried unanimously. Suzanne K. Lane , Deputy Clerk F *r