Loading...
City Council - 05/28/1974 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 28, 1974 7:30 p.m. , City Hall COUNCIL MEMBERS: Mayor David W. Osterholt, Joan Meyers , John McCulloch, Wolfcrancn Penzel, Sidney Pauly COUNCLL STAFF: Present--City Attorney Harlan Perbix; Clerk-Finance Director John Frane; Engineer Carl Jullie; Planner Dick Putnam; Director of Community Services Marty Jessen. Absent--City Manaeer Robert P. Heinrich. Invocation was offered by Rev. William Holland; Eden Prairie Presbyterian Church. -Mayor Osterholt also shared some thoughts written by Albert B. Payne recardincr Memorial Day. PLEDGE OF ALLEGIANCE - - - - ROLL CALL I. MINT WES OF REGULAR MEETIN HELD APRIL 23 1974 and REGULAR MEETING HELD MAY 14, 1974 . No action was taken on the minutes of the April 23 , 1974, meeting. Minutes of May 14 ,-1974: Page 6-Second paragraph: third sentence should read "Public Safety Department" rather than "Fire Department" . - Pace 9: add following sentence to last paragraph: "Both Andrew Daniluk and Wayne Brown spoke in opposition to the proposal because of the hick cost. " A motion was made by Mr. Penzel and seconded by Mrs. Pauly to accent the May 14, 1974, minutes as corrected. Motion carried unanimously. II. BID AWARDS: A. Consider bids received on 5/23/74 for Public Works Protects in Scenic Heiahts Subdivision and adjoinine+ areas`I.C. 51-262. Carl Jullie reported on the bids received from 10 contractors for Scenic Heiahts Public Works Projects, and recommended that Northdale Construction Co. , the lowest responsible bidder, be awarded the contract. Discussion followed between -the Council, Mr. Jullie , and a few Scenic Heiahts residents present recardina earlier meetings when it was the feelincr of the community to lean towards less than maximum, meaning acceptance of Alternate A. Construction to beoin in approximately two weeks. - Mr. Penzel moved, Mr. McCulloch seconded that Resolution No. 849A Amendment to Alternate No. .A. , accepting- the bid of Northdale Construction Co. in the amount of $362,796.70 be adopted, incorporating in the contract a modified drainage system providing a positive outlet for storm water at the end of Sheridan lane. On roll call , all voted aye. Motion Carried. B. Receipt of proposat for Workman's Compensation Insurance. Mr. Frane made a sucaestion to combine all the insurance in the future and bid it as a packaoe. Workman-Ls Compensation is bid on a year-to-year basis. He pointed out that coverage could be extended six months but should not be purchased for only six months. Council Minuted -2- May 28, 1974Z A motion was made by Mr. McCulloch, seconded by Mrs. Pauly, to accept the Great American Insurance Co. proposal for Workman's Compensation for the AW period between June 1 , 1974, and June 1 , 1975 , because they were the lowest It bidder. On ruli call, all voted aye. Motion carried. III. PUBLIC HEARINGS: A. Proposed Sanitary Sewer and Watermain extensions to the northeastern portion of Eden Prairie . Projects SAN 71-7-34, SAN 74-1-01 , WTR 74-2-01 and WTR 74-8-05 Mr. Jullie told of the necessity of the proposed improvements showinar location and also assessment areas aiona with approximate cost per lot or per acre. Consultina Enc+ineers from Banister, Short, Elliott, Hendrickson & Assoc. were present as well as Mr. James Patton of Black & Veatch, Kansas City. Mr. Patton showed how the line will accommodate Research, Inc. , answering questions from Mr. Dick Lynch of Research, Inc. Total estimated cost of the improvements is $2 ,798,500. This is increased over the original estimate because of poor soil conditions. Mrs. Meyers moved, Mr. Penzel seconded that Resolution No. 850 be adopted. r On roll call, all voted aye. Motion carried. B. Suncrest Homes, Inc. located in northwestern Edenvale, south of Kurtz Lane . Request rezonigQ to RM 6.5 and preliminary slat aaproval. Mr. Don Peterson, Eden Land Corp. , showed the location of the project which is what might be called a modified townhouse project, pointing out the lower density. He indicated the project was to be phased and that the project was flexible in that a variety of housinv types could be provided. id that the Mr. Putnam summarized previous review and discussions. He said revised plan did meet the recommendations made by the staff and Plannincr Commission. By cutting back on the project size, from 30 acres to about F' 15 acres, the site design problems were solved. Mrs. Meyers objected to the Suncrest proposal because it required excessive trading to the site and she believed other alternatives were not fully explored. Mr. McCulloch objected to-the proposal-because he was unsure if the flexi- bility to build other housing types was good, if the duplex concept was unsuccessful. Mr. Penzel moved, seconded by Mrs. Pauly, that the first reaftna of Ordinance No. 262 be approved. On roll call, Mrs. Pauly, Mr. Penzel, and Mayor Osterholt voted aye. Mr. McCulloch and Mrs. Meyers voted nay. Motion denied . C. Edenvale Commercial Park. •Recruest preliminary plat approval for 130+ acre site located east of Purgatory Creek and west of Ring Road in E&nvale . Mrs. Meyers moved , seconded by Mr. Penzel, to adopt Resolution No. 848, Motion carried unanimously. Council Minutes -3- May 28, 1974 W. PETITIONS, REQUESTS & COMMUNICATIONS: A. Request of Mr. lames W. Perkins to reconsider lot division. - ,�` Mr. Smith, attorney for Mr. Perkins, addressed the Council requestina that " 4 a variance be granted to divide his lot into three parcels, stating they could have the three lots adjoining the cul-de-sac. Mr. Donald Sorensen, :esident of Willow Creek, rebated to the Council information-he had obtained from the Hennepin County Resister of Titles Division showina document filed which stated no lot be subdivided into parcels of less than one acre. Dr. D: MacKinnon, also a resident of Willow Creek, quoted the state law reaardina building any closer than 100 feet to a lake. The Perkins proposal has a home 75 feet from the lake. This was checked with the Department of Natural Resources by the City staff and was acceptable. Mrs. Meyers moved, seconded by Mr. McCulloch, to refer the matter to the Planning Commission for a report. On roll call, Mrs. Pauly, Mr. Penzel, and Mr. McCullcoh and Mayor Osterholt voted nay. Mrs. Meyers voted aye. Motion denied. It was indicated that Mr. Perkins should present a proposed plat of the property to the Planning Commission as a new platting. x B. Letter dated May 9,, 1974 , from Mr. Robert F. Carr, President, Handi-Vans Inc. (Gopher Cab Co.) that taxicab service be arranged for the City of Eden Prairie.This matter was referred to the City Manager and City Attorney for study and recommendation to be made to the Council. C. Letter dated May 9, 1974 , from Mr. Luther Nelson, Chief, Environmental Division, Hennepin County Public Works , requesting approval of City of Eden Prairie to operate Hennepin County Leaf Recyclina Center at the Eden Prairie site for 1974/75 . This operation was a success and demand for compost has exceeded supply. Mr. Penzel moved, ed, seconded by Mr-. McCulloch, to grant approval to Hennepin i County to operate its Leaf Recycling Center at the Eden Prairie site for the 1974/75 season. Motion carried unanimously. Mr. lessen is to contact adjacent residents to determine if there are any serious complaints. If there are, this matter shall be reconsidered. D. Letter dated May 21 , 1974, from D.H. Gustafson & Assoc., Inc. Mr. Penzel moved, seconded by Mr.-McCulloch, to receive and file the letter from D.H. Gustafson regarding Shady Oak Road PUD 71-3, dated 5/21/74. Motion carried unanimously. x V. RESOLUTIONS & ORDINANCES: A. Second Readina, Ordtnance No. 259, Bonner/Waters 7 lot single family subdivision, rezonina from Rural to RI-13 .5 . Mr. Penzel moved, seconded by Mrs. Pauly, to approve the second readinct of Ordinance No. 259. Motion carried unanimously. Council Minutes -4- May 28, 1974 B. _Second Reading, Ordinance No. 260, Northmark single family subdivision of 28 lots, rezoning from PUD 70-3 to RM-6 .5. Mr. Penzel moved, seconded by Mayor Osterholt, to approve the second reading of Ordinance No. 260. On roll call, Mayor Osterholt, Mr. Penzel, Mrs. Pauly, and Mrs. Meyers voted aye. Mr. McCulloch voted nay. Motion carried. C . Second Reading, Ordinance No. 256 , Hidden Ponds II, rezoning to RI-13.5 for 200 single family homes. Mr. Penzel moved, seconded by Mr. McCulloch, to approve second readina of Ordinance No. 256 as amended to include 10 ft. setback on 1--11 story houses y; and indicating the average lot size to be 14, BS 0 sq.ft. for Phase II. t On roll call, Mr. Penzel, Mayor Osterholt, Mr. McCulloch, Mrs. Pauly voted aye. Mrs. Meyers voted nay. Motion carried. s VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS: R. Reports of City Engineer: 1 . Consider acceptance of the street and utilities in R.L. S. No. 664, Shultz property south of Kurtz Lane and east of Co.Rd. 4 and authoriza- tion for issuance of building permits. Mr. Penzel moved, seconded by Mr. McCulloch, to place this matter on the June 11 , 1974, Council meeting agenda. Motion carried unanimously. 2 . Consider final plat approval for Northmark 1st Addition, 28 lot single family residential plat in The Preserve. ' - Mrs. Meyers moved, seconded by Mr. Penzel, to adopt Resolution No. 851 approving final plat of Northmark lst Addition subject to the recommen- dations and corrections (10 ft. setback on 1-1 z story houses) contained in Enaineerina Report dated May 24, 1974. On roll call, Mayor Osterholt, Mr. Penzel, Mrs. Meyers, Mrs. Pauly voted aye. Mr. McCulloch voted nay. Motion carried. Mr. McCulloch objected to the Northmark plat because it required a variance from Ordinance No. 135 pertaining to side yard set-backs. a 3 . Consider final plat approval for Lake Eden, final plat of the entire Edenvale South PUD located east of T.H. 169 and west of The Preserve at East/West Parkway. s Mr. Penzel moved, seconded by Mayor Osterholt, to adopt Resolution No. 852 approving final plat of Lake Eden. Motion carried unanimously. 4. Consider final plat approval for Lake Eden North, 33 lot single family residential plat of that portion of the Lake Eden plat lying north of East/West Parkway. Mrs. Meyers moved, seconded by Mr. Penzel, to adopt Resolution Nor. 853 approving final plat of Lake Eden North as amended and'-to show change in Engineer's Report dated 5/24/74 under "Bonding" on pace 2 , "6 ft. wade asphalt pathway along East/West Parkway". Motion carried unanimously. S . Consider agreements with the City of Edina for administration and maintenance of common sanitary sewer, watermain, storm sewer, and Council Minutes -5- May 28,1974 M . street surfacing on Washington Avenue. Mr. Penzel moved, seconded by Mayor Osterholt, to approve Santtary Sewer, Water, and Storm Sewer 'Service Area and Administration Agreement 4 dated 5/28/74 with the followina statement-to be added on Pace-6, Article 14 - "per reciprocal terms of this agreement", and on Paae 4, Article 5 - at end of paragraph add: "The above-described five hundred s dollar ($580) limit shall not apply if an extreme emeraency should occur endancrerina the health, safety, and welfare of the residents of either Eden Prairie or Edina. " Motion carried unanimously. =s Mrs. Meyers moved, seconded by Mr. Penzel, to approve Street and Storm Sewer-Maintenance Agreement dated 5/28/74 showing following addition on Paae 2, Article 4 - "The above-described five hundred dollar -($S O&) limit shall not apply if an extreme emergency should occur endangering the health, safety, and welfare of the residents of either Eden Prairie or Edina. " Motion carried unanimously. B. Reports of Community Services Director: 1 . Olympic Hills Golf Club Feasibility Report. Mr. Penzel moved, Mayor Osterholt seconded, to refer the report to the Park and Recreation Commission for a recommendation to the Council at the Council meetinq on June 11, 1974 . Motion carried unanimously. 2 . Extension of Bryant Lake Water Ouality Study. Mr. Penzel moved to approve extension of the Bryant Lake Water Quality Study for two more years at $4, 000 per year but direct the staff to seek participation by Minnetonka in the amount of one-half of the Eden Prairie cost. Mr. McCulloch seconded. Motion carried unanimously. 3 . Communication from Mr. Wally Ball reaardina neighborhood playaround facilities in Topview Acres Addition. Mr. McCulloch moved, seconded by Mr. Penzel, to refer thts matter to the Park and Recreation Commission for inclusion in the Nelahborhood Facilities Study. Motion carried unanimously. 4. Staring Lake Rental Rates. Mr. Penzel moved, seconded by Mrs. Pauly, that Mr. Frane research the fair rental on these properties. Motion carried unanimously. 5 . Reconsideration and clarification of-action taken on the purchase of 42 acres from The Preserve (Moorinas) at 5/14/74 Council Meetina. Mayor Osterholt felt this matter should be clarified and that a roll call vote is-necessary in the action taken in the May 14, 1974, Council meeting. Mrs. Meyers moved, seconded by Mr. Penzel, to reconsider the motion and to make a new motion to more fully include what was Intended. Motion carried unanimously. Mrs. Meyers moved, seconded by Mr. Penzel, to authorize the purchase of the 42 acre Moorings site for the nectotiated price of $665.000 to be paid by September 1 , 1974, with the contract to include the statement: "if we receive full Federal, State, and/or Metropolitan funding to cover Council Minutes -6- May 28, 1974 purchase and in the event that such funding is not available, the purchase would be null and void . " On roll call, all voted aye. Motion carried. } C . Reports of City Planner: 1 . Discussion of proposed set-back requirements. Mr. McCulloch moved, seconded by Mr. Penzel, to retain Ordinance No. 135 as is. Motion carried unanimously. Mr. Penzel moved, seconded by Mrs. Pauly, to hold a public hearing to amend Ordinance No. 135 with regard to field variance. This is to be included on the June 11, 1974, Council meeting. Motion carried unanimously. 2 . Design framework for Sears and Powers Stores at Eden Prairie Center. Mr. Ralph Shimer, architect for Sears and Powers, showed drawinv and model of the Center, also various brick to be used in the construction. Discussion was held on the shielding of the truck docks. A question was raised reaardinc access by anything other than cars, and Mr. Shimer showed on the map where a bus routs is possible. Homart has made space available for park-and-ride facilities and also bicycle facilities. Mr. Penzel moved, seconded by Mr. McCulloch, to approve the design framework for Sears and Powers Stores at Eden Prairie Center. Motion s carried unanimously. a D. Report of Councilman Penzel: Mr. Penzel reported on the South Hennepin Human Services Council, pointing out the real need for these services and that our residents are usina these services. E. Report of Councilwoman Meyers- Mrs. Meyers reported on posting of rezoning scans. Mrs. Meyers moved, seconded by Mr. Penzel, to instruct the staff to draft a rezonino Sion program procedure with specifics as outlined in staff memos from Ray Earls dated 5/20/74 and Jean Eaan, and Planning Commission minutes and Council comments for approval at the June 11 , 1974, Council meeting. Motion carried unanimously. F. Report of City Manager: 1 . Consideration of p_rticipation with the Minnesota Department of Man- power Services for the summer employment of young persons. Mr. Penzel moved, seconded by Mr. McCulloch to authorize City of Eden Prairie to participate in the State Youth Employment Program. Motion carried unanimously. G. Report of City Clerk; 1 . comity Clerk's Recommended License Application List dated 5/28/74. Mr. Penzel moved, seconded by Mr. McCulloch, to approve the License Application List. Motion carried unanimously. Council Minutes -7- May 28, 1974 VII. FINANCES: A. Payment of Claims No. 4211 to 4290. Mrs. Meyers moved, seconded by Mr. Penzel, to approve payment of Claims No. 4211 to 4290. On roll call, all voted aye. Motion carried . B. Bond Sale Date. Mr. Penzel moved, seconded by Mrs. Meyers, to adopt Resolution No. 854 setting a Bond Sale Date of June 25 , 1974 . Motion carried unanimously. VIII. _ADJOURNMENT: Mrs. Pauly moved, seconded by Mr. Penzel, to adjourn at 1:15 a.m. Motion carried unanimously.