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City Council - 06/25/1974 - Board of Review y } EDEN PRAIRIE BOARD OF REVIE V Tuesday, Tune 25 , 1974 7:) 5 PM City Hall BOARD OF REVIEW MEMBERS: Mayor D. W. Osterholt, Joan Meyers, John McCulloch, Wolfgang Penzel, and Sidney Pauly BOARD OF REVIEW STAFF: City Manager John Heinrich and City Assessor Robert Martz ry I. City Assessor's Report of Reviews and Adiustments a' k i Motion by McCulloch seconded by Penzel that report on re—evaluations as presented by the City Assessor be accepted. Motion carried unanimously. U. Motion by Penzel seconded by Meyers that the Board adjourn. Motion carried unanimously. a EDEN PRAIRIE CITY COUNCIL Tuesday, June 25 , 1974 7:30 PM City Hall COUNCIL MEMBERS: Mayor D. W. Osterholt, Joan Meyers, John McCulloch, ' Wolfgang Penzel, and Sidney Pauly COUNCIL STAFF: City Manager Robert Heinrich, City Attorney Harlan Perbix, Clerk-Finance Director John Frane, Planner Dick Putnam, Director of Community services Marty Jessen, Engineer Carl Jullie Invocation was given by Father HeiNitt, Immaculate Heart of Mary Catholic Church. Pledge of Allegiance I. Presentation of League of Women Voters Eden Prairie Booklet Lynne Forester presented copies of the League of Women Voters Eden Prairie booklet to members of the Council. Mayor Osterholt thanked her on behalf of the Council members. II. Minutes of Regular Meeting Held Tune 31 , 1974 Corrections: Keith Simons acted as City Attorney Page 4 , 2 b, Meyers and Penzel voted aye McCulloch and Osterholt voted nay Council Meeting -2- June 25, 7974 II. Minutes of Regular Meeting Held Tune 1 1 , 7 974 (continued) Corrections: Page 5 , 3 b, Osterholt and Penzel and Meyers voted aye McCulloch voted nay Page S . 3 c, Osterholt, Penzel and McCulloch voted aye Meyers voted nay Page 8, D 1 , Penzel and Meyers voted aye McCulloch and Osterholt voted nay Pag e 9, F line 8 - insert "if" between "that" and "the" Page 3 , 2 a, on first motion re Resolution No. 855 Meyers voted aye; Osterholt, Penzel, and McCulloch voted nay Motion by Penzel and seconded by Meyers that the Minutes be adopted as corrected. Motion carried unanimously. III. Bid Awards Sale of -six (6) homes on Leona Road Motion by Meyers seconded by Penzel that the Council approve the following Mgh bids as received and order the staff to proceed with the necessary steps to implement the sale of the homes: PLAT PARCEL BID 56884 3000 $8,600 56884 4000 51975 56884 5000 7, 200 56884 6000 9,400 56884 7000 7, 600 56742 2710 ? 0, 200 Meyers, Penzel, McCulloch and Pauly voted aye; Osterholt voted nay. Motion was carried. Council Meeting -3- June 25 , 1974 IV. Public Hearings Re-hearings Proposed sanitary se,,mer & ' watermain trunk and lateral extension plus street upgrading on Franlo Road from County Road l to East-West Parkway Projects SAN 73-07-05 II, SAN 74-7-12 , SAN 74-1-12 , WTR 73-8-0711 and STR 74-3-12; I.C . 5.1-265 City Manager Heinrich submitted recommendations in a report dated June 25 , 3 974 from City Engineer and Finance Director eliminating the area south of County Rd. 1 from the project and providing a deferment of lateral sewer and water assessments to single family property owners on Franlo Road. Mrs. Meyers asked if assessments would be made on the front footage basis. Mr. Jullie replied that assessments would be made on the per rec unit basis. Dwight. Stroud . representing property owner at 9690 Franlo Road asked what the lateral assessment would be . Mr. Jullie answered that for the Sanitary s Sewer lateral assessment, the total cost on Franlo Road would be divided by the number of rec units to equal the rate. Exception - existing single family property owners would be assessed 25% less. Mr. Stroud asked if there would be an option to hook up. Mr. Jullie answered that there would be no assessment until hook up was made. Mr. Ray Welter asked why the sewer line did not follow the road. Mr. Jullie replied that the most economical proposal has been made to locate utilities. Mr. Stroud asked the rate of finance for the assessment. Mayor Osterholt stated that a term of 20 years with 6.6% interest rate would be in effbet. Mr. Wallace of 9601 Franlo Road voiced concern over road conditions during construction. Mr. Jullie assured him that the roads would always be pass- able and that estimated time for the completion of the project would be late fall if co retracts are let in July. Motion by Meyers seconded by McCulloch that Resolution No. 855 be adopted as amended by the memo of June 25, 1974 and close the hearing. Motion carried unanimously. V. Petitions , Requests and Communications A. Letter from NSP, dated June 18 , 1974 regarding proposed Metro Rate authority. Motion by McCulloch seconded by Penzel to receive and file. Motion carried unanimously. 1 Y Council Meeting -4- June 25 , 1974 1 V. Petitions, Reguests and Communications (continued) B. Petition from the homeowners of Sheridan Lane in Scenic Heights Sector for street improvement. Motion by Pauly seconded by Fenzel that action be deferred until a Public Hearing could be held July 9, 1974. Motion carried unanimously. . Vl. Reports of Officers, Boards and Commissions A. Reports of Zoning Board of Appeals 1 . Request of Mr. Robert Riesgraf for set back variance. • Motion by Penzel seconded by McCulloch that the Council approve the ruling of the Zoning Board to deny the set back. Osterholt, Penzel. Meyers, and McCulloch voted aye. Pauly abstained because of her absence at the previous meeting . . B. Report of Planning Commission 1 . Councilwoman Meyers summarized the meeting with the Council � on Saturday, June 15 , 1974, and made the following recommen- tt 1 t dr—tions: a) A motion directing staff to inform Brauer & Associates that the council has decided not to proceed with the Community Needs Study or the Guide Plan Review at this time. b) Motion to instruct Planning Commission to resume public hearings on development request under Commercial bleeds Moratorium and to make recommendations to the City Council. c) Motion to instruct the staff to conclude development data inventory as soon as possible for the City Council and Advisory Commission' s review. d) A motion that upon receipt of development material, the City Council establish a series of public meetings with the Advisory Commission to evaluate and compare development implementa- tion procedures with Guide Plan goals and objectives, and plan elements to assist in policy clarification. A motion was made by Penzel seconded by Pauly that the recommen- dations be put on the agenda for July 9, 1974. Motion carried unanimously. Council Meeting -5- June 25 , 1974 VI. Reports of Officers, Boards and Commissions (continued) B. Report_of Planning Commission (continued) 2 . Request for policy direction regarding height of residential structures. Councilwoman Meyers spoke in favor of height variations, but disapproved of structures over five stories high outside the Major Center Area. A motion was made by Penzel that a policy be adopted that would restrict structures of more than five stories to the Major Center Area and that the Planning Commission and staff prepare the necessary ordinance to affect this policy direction. Meyers seconded the motion. Meyers, McCulloch and Penzel voted aye, Osterholt and Pauly voted nay. The motion carried. C . Report of Park and Recreation Commission Recommendation to rename Anderson Lake Park area "Blacklock Nature Center" . Motion by Penzel seconded by Pauly to accept the recommen- dation of the Park and Recreation Commission. Motion carried unani- mously. D. Report of Planning Director E. J. Perkins and C. Freeburg request lot division of Lot B into two lots adjacent to Willow Creek Road. City Attorney Perbix summarized the letter received on the subject and suggested that whatever action the Council took, the action and reasons for action should be formulated into a Resolution. Motion by Meyers seconded by Penzel that action be continued July 9, 1974. Motion carried unanimously. 2. Alex Dorenkemper, D.V.A. Miroc Development Company, Crestwood 74, request for zoning, street dedication and sub- division. Motion by Penzel seconded by McCulloch that the legal aspects by referred to the City Attorney and be continued July 9, 1974. Motion carried unanimously. Council Meeting -6- June 25 , 1974 VI. Reports of Officers, Boards and Commissions (continued) E. Report of City Engineer 1 . Receive report and order public hearing for improvements along Mitchell Road from T.H. 5 to Scenic Heights Road, Project STR 74-•-3-08, phase I. Motion by Penzel seconded by Meyers that Resolution No. 863 be adopted receiving report and a public hearing be held July 23, 1974, on improvement project STR 74-3-08 phase I and approving the con- cept proposed by the Minnesota Highway Department for Lnstalla- tion of traffic signals at T.H. 5 and Mitchell Road . Motion carried unanimously. 2. Discussion of Ring Road-T.H. 169 and I-494 preliminary plans and correspondence from the Minnesota Highway Department concerning design, time and cost sharing for bridges and ramps at the east Ring Road and T. H. 169 intersection with I-494. City Engineer Carl Jullie displayed and explained proposed plans . Motion by McCulloch seconded by Penzel that the Engineering report be received and action continued to July 9, 1974. Motion ; carried unanimously. 3. Consider service agreement with Honeywell, Inc, for maintenance of instruments at the Water Treatment Plant. The service agreement was explained by City Manager Heinrich and questions were answered by a Honeywell representative. Motion by McCulloch seconded by Pauly that the service agreement by approved. Osterholt, Pauly, McCulloch and Meyers voted aye . . Penzel abstained. 4. Consider acceptance of street and utilities in R.L. S. No. 664 , Shultz property south of Kurtz Lane and east of Co. Road 4 and authorization for issurance of building permits. Motion by McCulloch seconded by Pauly that action be continued at the request of parties in order that a meeting between the parties could occur. Motion carried unanimously. k Council Meeting -7- June 25 , 1974 VI. Reports of Officers, Boards and Commissions (continued) F. Reports of Director of Community Services Acquisition of homes in Timber Trail Road area. Motion by Penzel seconded by McCulloch that no action be taken at this time because of the lack of Metro funding. Motion carried unanimously. 2. Communication with Mr. Schaitberger concerning sale of property at Riley Lake to City for park purposes. Motion by McCulloch seconded by Meyers to continue to July 9, 1974, for Park and Recreation Commission action. Motion carried unanimously. 3. Communication from Mr. E. N. Feank regarding Cedar Hills Golf and Ski area property_ _. Motion by Penzel seconded by ?4 cCulloch to refer to Park and Recreation Commission for study and recommendation. Motion carried unanimously. 4. Communication from John Buckolz concerning Darrell Peterson's property on western Eden Prairie River Bluffs . Motion by Penzel seconded by Pauly that consideration be referred to Park and Recreation Commission for preliminary overview and recommendations. Motion carried unanimously. C- . Report of City Attorney ? . Discussion on proposed Sign Ordinance. Modifications in wording were noted by Penzel. Motion by Penzel seconded by McCulloch approving First Reading of Ordinance No. 261 , an Crdinance regulating and requiring permits for signs, as modified . Motion carried unanimously. The City Manager was directed to place the Second Reading of the Ordinance on the July 23 agenda and to advertise its pending adoption. 0. 1 z, Council Meeting -8- June 25 , 1974 W. Reports of Officers, Boards, and Commissions (continued) G . Report of City Attorney (continued) 2 . First Reading of Ordinance No. 265 , an Ordinance fixing the date of the regular City Election, extending the term of Council members for one year where necessary, and providing for the year when certain councilmen are to be elected. s Motion by McCulloch seconded by Pauly that the City Election be held in even years; this fall for 2 council seats, and the term for Mayor and one councilman be extended for one year. Osterholt, Pauly, Penzel and McCulloch voted aye. Meyers voted nay. Motion carried. H. Report of Finance Director ? . City owned property rental rate analysis. Finance Director Frane presented a report containing present and recommended rental rates for homes owned by the City. Motion by Penzel seconded by Meyers that action be deferred until July 9, 1974. Motion carried unanimously. 2. Cancellation of Bids for June 25, 1974 on advice of Bonding Attorney. It was explained that more time was needed to prepare information on they type of Bond involved. Motion by Pauly seconded by Meyers that the date of June 25 , 1974 be cancelled and a new date be set when information is complete. Motion carried unanimously. 3 . Recommended License Application List dated June 25 , 1974. Motion by Penzel seconded by McCulloch that the Council approve the list of applications as recommended by the City Clerk. Motion carried unanimously. 4 . Request by Mr. Floyd Berg for 3. 2 beer license transfer - Lyons Tap, � x Motion by Penzel seconded by Meyers that the request be denied. Motion carried unanimously. - --------- -- Council Meeting -9- June 25 , 1974 VI. Reports of Officers, Boards, and CommissionL (continued) I. Reports of Councilman Penzel 1 . Discussion of need for additional Council meeting days because of increased City Council buss mess. Motion by Penzel seconded by McCulloch that public notice be given that starting in August of 1974 the first, second and fourth Tuesday of each month be designated as Council meeting days. Osterholt, Penzel, Pauly and McCulloch voted aye . Meyers abstained. J. Reports of Mayor a 1 . Mayor Osterholt announced the dedication of the Water Treatment Plant and the Open House on June 30, 1974. He asked that publicity be given the event through the churches. r, K. Reports of City Manager y 1 . Request of the Eden Prairie Volunteer Fire Department to reduce the age requirement of probationary members from 18 to 17. Motion by Penzel seconded by Meyers that the request be granted and that the staff be instructed to prepare consent forms to be signed by parents and that the se form s be ke pt on file at the City Office. Motion carried unanimously. 2. Financing of iNAFTA (Western Brea Fire Training Association) for fiscal 1974 . Motion by Penzel seconded by McCulloch that the Council approve the budget as presented. Motion carried unanimously. 3. Set public meeting date for purpose of presenting Metropolitian Airport Commission's report to Eden Prairie citizens. Council members agreed that the date of July 15 , 1974 as suggested by MAC was too soon. Motion by Penzel seconded by Pauly that the staff communicate with MAC and request a reasonable quantity of copies of their report; upon receipt of the information set a meeting date of one month later, advising the public of the availability of the report and the meeting date. Motion carried unanimously. r i i Council Meeting -)0- June 25, )974 Vt. Reports of Officers, Boards, and Commissions (continued) K. Reports, of City Manager (continued) 4. Request by Mr. Don Peterson, Edenvale, for Council reconsideration of cuncrest Townhouse Development. Motion by Pauly seconded by Penzel to reconsider the request as proposed at a public hearing July 9, 1974 . Motion carried unanimousl VII. Finance s A. Payment of claims No. 4390 to 4476. Motion by Penzel seconded by Meyers that the payments be made as presented . Osterholt, Pauly, Penzel, McCulloch and Meyers voted aye . Motion by Penzel, seconded by Pauly that the Council meet July 2, 1974. Motion carried unanimously. VIII. Adjournment Motion by Penzel seconded by Pauly that the City Council adfourn this meeting at 1 :00 AM. Motion carried unanimously. _ Ruth Lee Clerk Acting Deputy