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City Council - 06/11/1974 MINUTES EDEN PRAIRIE CITY COUNCIL Tuesday, June 11 , 1974 7:30 P.M. Hennepin County Vocational Technical School k Council Members: Mayor David W. Osterholt, Joan Meyers, John McCulloch, Wolfgang Penzel. Absent-- Sidney Pauly Staff: City Manager Robert P. Heinrich; Clerk John Frane; City Engineer Carl Jullie City Planner Richard Putnam; Keith Simons 'acted as City Attorney. Invocation was offered by Rev. Douglas King , Pastor Eden Prairie Baptist Church PLEDGE OF ALLEC IANC E - - - - - ROLL CALL I. MINUTES OF REGULAR MEETING HELD APRIL 23, 1974. Pace 11 , Item IV G 5: second paragraph, was corrected to read a motion was made by Mr. Penzel seconded by Mr. McCulloch not to subscribe to n Labor Relations Subscription Services. Motion carried unanimously. MINUTES OF REGULAR MEETING HELD MAY 28, 1974 . Page I . Item II, second paragraph, after resolution No. 849, insert Amendment to Alternate No. A. ?me 3,„Item IV. , second paragraph second sentence, On roll call, Mrs. Pauly, Mr. Penzel, and Mr. McCulloch and Mayor Osterholt voted nay. Mrs. Meyers voted aye. A motion was made by Mr. McCulloch seconded by Mr. Penzel to accept the minutes of April 23 as corrected. Motion carried unanimously. A motion was made by Mr. Penzel seconded by Mrs. Meyers, to accept the minutes of May 28 as corrected. Motion carried unanimousjy. II. PUBLIC HEARINGS A. Proposed sanitary sewer and water main trunk and lateral extensions plus street up�r�ding_on .Franla Q4d from Co. Rd. 1 to EastfWest Parkway, Projects SAN 73-7-0511 , SAN 74-7-12, SAN 74-1-12 , WTR 73-8-0711 , and STR 74-3-12; I.0. 51-265 . The details of the projects were presented by City Engineer Carl Jullie. Mr. Penzel asked what percent of the total property owners affected petitioned for the improvement. Mr. Jullie responded that the major property owners, Mr. Wally Rusted, The Preserve and Olympic Hills, were mainly interested in the project. Signed petitions have been received from the Preserve, and Mr. Rusted. Approximately 44% of the total accessible area for the project is awned by Mr. Husted. Council Meeting -2- June 11, 1974 II. A P[k6d1kcsf3%3bnitary Sewer and Water Main Trunk Hearing (Continued) Mr. Jullie added that approximately 75-85% of all the affected land was owned by major property owners. Mr. Osterholt asked if the assessment district included to ft aim north of Amsden Road is planned for park purposes. Mr. Jullie responded that the area will be eliminated at the time of the assessment hearing. The Mayor asked the purpose of the nine inch line on Amsden Road going north. Mr. Jullie explained that certain properties had to be served by this line and that the flow would be northwesterly around Anderson Lakes. Mr. Osterholt asked why the line directly south of the W Proposed nine inch sewer trunk was not included in the assessment district. Mr. Jullie explained that the map depicting the proposed assessment area was in error and the land directly south of the proposed sewer is to be included in the proposed assessment area ant that the property owners a had been so notified. Mr. Osterholt asked why the boundaries of the projects did not extend to County Road 18 on the East and County 1 on the South. Mr. Jullie responded that the areas under question had to be served by a different service sewer system in order to minimize costs and take advantage of gravity flow. Mr. Osterholt questioned the proposed rate of assesment on the property owned by the Lutheran Church. Mr. Bonner of Husted Developments Corp. indicated that the densities for the Lutheran Church site were derived from a Bluff East sector study. Mr. Osterholt asked when development is expected to occur in the area. Mr. Wallace Husted from Husted Development indicated that development will be occuring by late 1975 and early 1976. Mr. Jonathan M. Wallace of 9601 Franlo Road questioned the need for the sanitary sewer. Mr. Norman L. McDonald, a resident of 21 years of 10821 Blossom Road indicated that he had a working well and septic system and that the residences on County Road No. 1 did not need the proposed improvements and that the extension of utilities should go southward from the Homart h Shopping Center. Mr. Alden Nowacki did not want Franlo Road widened. Mr. David Brown asked how many people had petitioned for the proposed improvements. Mr. Jullie responded that the major developers had presented a petition for the improvements and that individual requests from small property owners were not received. Mr. Richard Grayco who lives at the intersection of County 1 and Franlo Road asked why the Franlo Road and County 1 intersection was to be relocated . Mr. Bonner of Husted Development said that the sight distance at the present 4 intersection was not good. Mr. Wallace Husted also responded and said that there is no attempt to suggest the relocation of the intersection at this time . Mr. Ray Welter asked for clarification on the assesments for trunk sewer and water. Council Meeting -3- June 11, 1974 II.A. Proposed Sanitarti Sewer and Water Main Trunk Hearing (Continued) Mr. Norman McDonald commented on the poor traffic conditions at the intersection of County Road 1 and Old Shakopee Road. The Mayor read a letter dated June 11 , 1974 from Mr. Harold L. Johnson at 9995 Bennett Place in opposition to the project. Mayor Osterholt asked why Franlo Road was not going to be widened to 28 feet. Mr. Jullie responded that this road would be restored to its present level of service and that the road would be 22 feet wide with a bituminous edge similar to Amsden Road just East of County Road 18. Too many trees and a requirement for excessive filling were reasons given by Mr. g Jullie to maintain the 22 foot wide roadway. Mr. Penzel moved, Mr. McCulloch seconded adopt Resolution No. 855 ordering the improvements approving plans and specifications and ordering advertisements for bids with the additional proviso that the assessment of single ownership sites would be differed until a lateral benefit sewer would be available. The motion failed with Meyers voting aye and Osterholt, Penzel , and McCulloch voting nay. Mrs. Meyers moved, Mr. McCulloch seconded to adopt Resolution No. 855 ordering improvements, approving plans and specifications and ordering advertisement for bids on Projects SAN 73-7-0511 , SAN 74-1-12, WTR 73-8-07 II and STR 74-3-12: I.C. 51-265. On the roll call vote Mr. McCulloch, Mr. Penzel, and Mrs. Meyers voted Aye, n and Mayor Osterholt voted Nay. After the Mayor consulted with the City Attorney Keith Simons, the Mayor ruled that the motion failed because a four-fifths vote was required. II. B. Shady Oak PUD 71-2 , Development Stage Proposal for 5-story 154 Rental Apartment Units to be constructed by D. H. Gustafson & Associates. Mr. Dan Gustafson presented in detail the proposed project. Mrs. Meyers asked if there had been any major revisions to the plan. Mr. Gustafson responded that there had not been. Mrs. Meyers asked if the project could begin construction yet this year. Mr. Gustafson responded that they can get underway this summer. Mr. Penzel asked what fire protection provisions will be included in the project. Mr. Gustafson replied that it was his intention to comply with all code requirements as well as the criminal prevention efforts in the design. Mr. Penzel asked if this meant that the building should be sprinkled. Mr. Gustafson replied that the praking area under the building would certainly be sprinkled but the rest of the building under his interpretation of the code would not require sprinkling and that it was his intention not to do so. Mr. Gustafson said that since the building is almost a complete concrete structure &tat there will be smoke detection devices that the same effect would result as if the building had been sprinkled. Council Meeting -4- June 11, 1974 II.R. Shady Oak PUD 71-2 (Continued) Mr. Penzel asked how much more it would cost if the building would be sprinkled. Mr. Gustafson responded the additional cost would be approximately $200,000.00 Mr. Ed Sherman of the Building Inspections Department was asked by Councilman McCulloch his opinion on the project and Mr. Sherman responded that it was the interpretation of the building inspections department that the building should be sprinkled. A motion by Mr. McCulloch seconded by Mr. Penzel ordering the first reading of Ordinance No. 254 approving request for rezoning to RM-2.5 for construction of 154 rental apartments by D. H. Gustafson and Asso. Inc. in conformance with the plan dated 3-29-74 and the recommendations of the staff planning report dated 3-29-74. Meyers and Penzel voted aye, McCulloch and Osterholt voted nay. III.A. Letter dated- May 1r , 1974'frorh Water Products Company...requesting a price;increase in water meter horns was referred to the City Attorney by a motion of Mr. McCulloch seconded by Mr. Penzel and a unanimous vote of the council. B. _Letter dated Tune 5, 1974 from Roc:er Tohnson Associates/Architects.-, developers of the Windslope project, was discussed. The developers of 4LK the Windslope project, in order to receive funding approval by the State Housing Agency requested the City Council to approve a modification of the original Windslope project providing for the elimination of certain project elements and amenities including covered garages. Mr. McCulloch was not in favor of approving the modif ication because It would open the door to other developers to come back to the council and request reduction of the quality of their projects. Mrs. Meyers commented that because of the communities interest in providing housing of all types for its citizens that this action could be taken without setting a precedent. Mr. Osterholt stated that the sponsoring agency should be requested to r have the garages eventually completed. A motion made by Mr. Fenzel seconded by Mr. Osterholt approved the modification to the Windslope project eliminating certain project elements and amenities and the requirement covered garages on the basis that M.A.I.A. and the Greater Minneapolis Housing Association would be committed to add the garages to the project not later than seven years .from the date of project approval. G. uwl t r Council Meeting -5- Tune 11, 1974 III.B. _Letter dated Tune 5 , 1974, from Roger Johnson Associates/Architects Continued } Mr. Carter of the Preserve commented that he was in favor of the Windslope project and agreed with the effort to modify the project as lor_g as the r. garages would bA constructed in the future. Mayor Osterholt called for a vote on the question and the motion passed with Osterhol t,-Penzel and Meyers voting aye and McCulloch voting nay. III.C . _Request of Robert Riesgraf regarding variance request. Mr. Riesgraf stated that he had missed receiving a notice of a hearing before the Zoning Board of Appeals regarding his request for a front yard set back for a home he wishes to construct. A motion was made by Mr. McCulloch seconded by Mr. Penzel that the matter be brought back to the Board of Appeals. The motion passed with Osterholt, Penzel and McCulloch voting aye and Meyers voting nay. Mr. Penzel moved, McCulloch seconded, that property owners be notified and that action be taken by the Zoning Board of Appeals no later than two weeks. Motion carried unanimouly. III.D. Request of Feeders, Incorporated, dated May 11, 1974, for grading permit. Motion was made by Mrs. Meyers seconded by Mr. McCulloch that a hearing be set for June 2S , 1974 for the purpose of considering the grading permit for Feeders Incorporated. .Motion carried unanimously. 4LW.A. Second Reading , Ordinance No. 217, Cherrywood Apartments, rezoning from Rural to RM-2 .5 for 25 acre site containing 272 rental units was approved unanimously. Motion for approving Ordinance No. 217 was made by Mr. Penzel and seconded by Mrs. Meyers. V. A. Reports of City Engineer 1. Consideration of acceptance of street and utilities in R .L.S . No. 664, Shultz property south of Kurtz Lane and east of Co. Rd . 4 and authorization fbr issuance of building permits. Mayor Osterholt said that comments on the matter would be confined to 1S minutes , Mr. Richard Korsch attorney for Mr. Jack Burke urged the council not to accept the public road. Mr. James Shultz stated that hewould be willing to do whatever the City of Eden Prairie requires. Mr. and Mrs. Gary Wallner spoke in opposition of approval of the project. A motion was made by Mrs. Meyers and seconded by Mr. Penzel to continue the matter to June 25 , 1974 in order that all parties could try again for agreement on the screening of the project. Motion carried unanimously. 2. Rece�lve report and order Public Hearing for upgrading of T,H.169 from 4 mile south of the Ring Road to I-494, Prolect STR 74-3-09. a motion by Mr. Penzel seconded by Mrs. Meyers adopting ak Council Meeting -6- June 11, 1974 x V.A. 1. T.H. 169 (Continued) resolution No. 856 receiving report and calling for Public Hearing on July 9, 1974 upgrading of T.H. 169, Project STR 74-3-090 I I 51-266. Motion carried unanimously. 2. Consideration of final slat approval for Edenvale Commercial Park. Motion made by Mrs. Meyers seconded by Mr. Penzel adopting resolution No. 859 approving the final plat of Edenvale Commercial Park. Motion carried unanimously. 4. Consideration of final plat approval for Prairie Estates. Mr. Wally Husted stated that this property has been assessed and that it has been zoned and development had been progressing ir. good faith and asked what was the reason for turning the Public Improvement Project (agenda Item No. II.A.) down? After considerable discussion by members of the Council and Staff the City Manager was instructed to republish a re-hearing on the project to be scheduled for June 25 , 1974. In the meantime the City Engineer was instructed that the ity could continue to advertise to bid. A motion by Mr. Penzel seconded by Mayor Osterholt adopting resolution No. 860 approving the final plat of Prairie Estates was approved unanimously. S. Consideration of final plat approval for Bonner-Waters First Addition. A motion by Mr. Penzel seconded by Mrs. Meyers adopting resolution No. 861 approving the final plat of Bonner-Waters First Addition was adopted unanimously. 6. Consideration of agreement dated Tune 11 . 1274 with Bannister, Short, Elliott. Hendricksol, &_Assgg, for enaine2r= services on Projecta MN 71-7-74 and SAN 74-1-10I improvements within the Bryant Lake Sewer District. A► motion by Mr. Penzel and seconded by Mrs. Meyers approving the engineering agreement was approved unammously. V.B. Reports of City Attorney 1. Discussions of appeal by Douglas Johnson of special assessments in regard to the Mitchell Heights sub-trunk sanitary sewer (SAN 72-1-13) and Chestnut Road (STR 72-9-17) improvements. The City Attorney recommended that the City agree to re-assess the Chestnut Road project on a front footage basis and also to re-assess the sanitary sewer sub-trunk project to consider benefits to all areas which might reasonably be served by said sanitary sewer sub-trunk. N, Council Meeting -7- June 11, 1974 V.B.1 - Reports of City Attorney (Continued) b ' A motion by Mr. Penzel seconded by Mr. McCulloch to approve the recommendations of the City Attorney to acheive a settlement in the court case with Mr. Douglas Johnson was adopted unanimously. 2. Discussion of Flood Plain Ordinance: A motion by Mrs. Meyers seconded by Mr. Penzel approving ordering the first reading of Ordinance No. 264, approving the adoption of the Flood Plain Ordinance was adopted unanimously. A motion by Mr. Penzet seconded Mrs. Meyers referred the Flood Plain Ordinance along with the attorneys comments as an appendix to the Department of Natural resources. The watershed district Park and Recreation Commission and Planning Commission for review with the y request that the Planning Commission conduct a hearing on the ordinance and that all of the aforementioned agencies return their comments to the City Managers office. Motion carried unanfmooKy. V.C . Reports of City Planner: 1. Prairie Park Development. 515 acre P .U.D. comprising industrial, miscellaneous residential, commercial and park land, located west of Co. Rd. 4, north of Co. Rd. 1 , and south of Mitchell Lake. A motion by Mr. Penzel seconded by Mrs. Meyers deferring action until such time as the sector study has been completed for the area in which the proposal is located was adopted unanimously. Mayor Osterholt asked the City Attorney to review the present zoning as well as the previous zoning for this area and to report back to the council. 2. Prairie East P.U.D. 73-07 cluster single family subdivision of 64 lots with average size of 7,500 sq. ft. located east of previously approved R1-13 .5 subdivision and 1 ,000 ft. west of Co. Rd. 18. A motion by Mrs. Meyers seconded by Mr. Penzel approving first reading of ordinance No. 263 approving the rezoning from P.U.D. 73-07 to RM-6.5 was adopted unanimously. A motion by Mr. Penzel seconded by Mrs. Meyers adopting resolution No. 8.55 approving the preliminary plans Prairie East second addition including the out-lot area as recommended by the Planning Commission at their meeting of April 30, 1974 was adopted unanimously. F$ 3 Council Meeting -8- June 11, 1974 f V. D. Reports of Community Service Director: 1 . Olympic Hills Golf Club Study. Mr. Jessen reported that earlier in the day a letter was received frrom the Olympic Hills Golf Club raising the original offer from $2,000,000.00 to $2,260,000.00. Mayor Osterholt suggested that the city withdrawl from further consideration at this time because land is available elsewhere at less cost. Councilman Penzel urged the council to study the matter. A motion by Mr. Penzel seconded by Mrs. Meyers authorizing the study not to exceed $4,SOO.00 with Brauer and Assoc. to conduct a study for the purpose of assisting the council in determining if the Olympic Hills Golf Club should be purchased failed with Penzel and Meyers voting aye and McCulloch and Osterholt voting nay. Mr. Jessen reported that homeowners in the Timber Trail area at Anderson Lakes have communicated their desire to sell their homes to the city for park purposes. Motion by Mr. Penzel seconded by Mayor Osterholt directing the City Staff to estimate values on the properties in this area was adopted unanimously. A motion by Mrs. Meyers seconded by Mr. Penzel directed the City Staff to submit a report to the Metro Open Space Committee estimating the values of the properties yet to be acquired in this area. Motion carried unanimously. 2. Communication with Mr. Schaitberger concerning sale of property at Riley Lake to City for park purposes was continued to June 25, 1974 for additional research and information by Park and Recreation Commission on a motion by Mr. McCulloch seconded by Mr. Penzel. Motion carried unanimously. E. Reports of Mayor 1 . A motion by Mr. McCulloch seconded by Mr. Penzel approved proclamation of the Mayor of Victory month for the month of June for the Minnesota Twins. Motion carried unanimously. A motion by Mr. Penzel seconded by Mayor Osterholt adopting resolution No. 862 in support of Hunger Day in Hennepin County June 16, 1974 was approved unanimously. F. Report of Councilwoman Meyers: 1 . Discussion of Commercial Needs Study. Mrs. Meyers urged the Council to consider entering into an agreement with Brauer and Assoc. for the purpose of conducting the commercial needs study for a figure not to exceed $10,000.00. The motion was seconded by Mr. Penzel. Council Meeting -9- june 11 , 1974 V. F. _Report of Councilwoman Meyers (Continued) Mrs extensive stud is needed at . Meyers expressed doubts that an exte s y this time. Mrs. Meyers reported that we do need an update on current data but she believed that the goals and objectives of the 1968 plan are still valid. Mr. Penzel said that the various sector studies that have been completed are a refinement of a guide plan and will be used as a d guide plan is upgraded. Mr. Penzel further stated that a Commercial x Needs Study is urgently needed new and that if the Council later decided that it should be expanded then that could be easily accomplished. Mr. Penzel urged that there should be a meeting between the Planning Commission and the City Council to discuss land use development policies. Mayor Osterholt commented that the Guide Plan was adopted six years ago and the citizens of the community should have the opportunity to completely review it in order to make change: they j think are necessary and an expenditure of $-38.000 .00 for an extensive study is worthwhile. Mayor Osterholt called for a vote on the question and the motion on a roll call vote failed with Mr. Penzel and Mrs. Meyers voting Aye, and Mayor Osterhol.t and Mr. McCulloch voting Nay. A discussion then ensued regarding the need for the Council and Planning Commission to meet in the very near future to discuss land use and development questions and that such meeting should include members of the staff. A motion by Mr. Penzel seconded by Mrs. Meyers set Saturday morning, June 15 , 1974 at 9:00 AM for the purpose of such a meeting. The motion carried unamiously. V. G . Report of City Manager: Mr. Heinrich requested reclassification of the administrative secretary position and the authorization of one additional clerk- typist position for the remainder of 1974 and that an appropriation of approximately $3, 00 0. 00 to cover the cost of the additional position be made. Mr. McCulloch stated he was opposed to the request because the 1974 budget did not provide for the additional position. Councilmen Penzel and Mrs. Meyers stated that when the 1974 budget was adopted it was agreed to keep personnel requirements to a minimum but if development increased activity pressures indicate a need for more personnel that the City Manager would bring such a request to the City Council. Mayor Osterholt stated that he would not be in favor of the additional position and felt that current procedures could be improved and present personnel better utilized. The City Manager stated that Council action regarding the review of employee salaries and the reluctance to add personnel has had its effect on the ` moral of the City employees. Council Meeting -10- June 11 , 1974 V. C . _Report of City Manage (Continued) 1 . Mr. Heinrich stated that since the first of the year it has been very difficult to maintain employee moral and effectivness. A :notion by Mrs. Meyers and seconded by Mr. Penzel authorizing the reclassification of clerical position and authorization of additional clerk typist position for the remainder of 1974 and the appropriation of approximately $3,000.00 to cover the cost of the additional position was approved. On a roll call vote Mrs. Meyers, Mr. Penzel and Mr. McCulloch voted Aye and Mayor Osterholt voted Nay. H. Report of City Clerk: 1 . A motion by Mr. Penzel seconded by Mrs. Meyers to approve the license application list dated June 11 , 1974 was approved unani'moubly. VI. FINANCES A. A motion by Mrs. Meyers seconded by Mr. Penzel to approve the payment of claim No. 4291-4389 was approved unaniWouslyrupon roll call vote. B. Cash and Investment Report: A motion by Mr. Penzel seconded by Mayor Osterholt accepting the cash and investment report was adopted unanimously. A motion was made by Mr. Penzel seconded by Mr. McCulloch to adjourn the June 11, 1974 meeting at 1:30 A.M. Motion carried unaniffloUslY- Respectively submitted, John Frane City Clerk