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City Council - 07/09/1974 r7INUTP.S EDEN PRAIRIE CITY COUNCIL Tuesday, July 9, 1974 7: 30 PM .City Hall CO"ITCIL MEMBEIZS: Mayor D. W. Osterholt, Joan Meyers, John 4 I,flcCulloch, i,111olfgang Penzel, and Sidney Pauly COUT.CIL STAFr: City Manager Robert Heinrich, City Attorney Harlan Perbix, Clerk-Finance Director John Frane, Planner Dick Putnam, Director of Community Services Marty Jessen, and Engineer Carl Jullie Invocation eras given by Zee Koftke of Eden Prairie United Fiethodist Church. Pledge of Allegiance a" I. MINUTES OF THE BOARD OF REVIEW HELD JUNE 10 AND CONTINUED TO JUNE 25 Motion by Penzel, seconded by Meyers, that the minutes of the Board of Review be accepted as published. Motion carried unanimously. MINUTES OF THE: REGULAR MEETING HELD JUNE 25 . Corrections: Page 3 under Public Hearings : add "Property owners effected by the proposed resolution expressed continued opposition to the project" . „ ? In action taken - insert the word "amended" after "19 74". Page 4 - insert "Red Rock Road" after "Sheridan Lane". Motion was seconded by McCulloch in following action. Under VI, B, 1 , a: "community" should read "commercial". Page 5 - VI, C, name should read "Blacklock Nature Center at Anderson Lake Park' . Page 10 - VII, A. July 2" should read "July 1 ". Motion by Meyers, seconded by Pauly, that the minutes be approved as corrected. Motion carried unanimously. II. BID AWARD: Consider bids received on 7/3/74 for sanitary sewer and wa terrain trunks and lateral extensions plus street upgrading on Franlo Road from Co . Rd. 1 to East/Nest Parkway I.C. 51-265 Motion by Penzel, seconded by Pauly, adopting Resolution No. 867 accepting the low bid of American Contracting in the amount of ZE433,896. 95. On roll call, all votes were aye. Motion carried unanimously. I III . PUBLIC HEARINGS : A. Proposed upgrading of T .H . 1 69-212 from mile ,outh of the King Road to I-494 , kro ject STtt 74-3-09 City Engineer Jullie explained the RO ; purchases involved and the access roads to future growth areas. Eden Prairie will share in the cost of the project, in the amount of w37OpOOO. Pauly asked who originated the plan. Jullie answered that the State Highway Dept had originated the. plan but now with the development of Homart Center it becomes an expense to the city, to be met by assessment of property directly abutt-ing the highway. Penzel asked if a center divider was provided for in the plans. Jullie explained that it was and that breaks would be provided at Eden Road, Homart Center, 78th, and Leona. Meyers questioned if the bridge planned would handle all the anticipated traffic. A representative of the State Highway Dept expressed the opinion that traffic would be handled adequately on completion of Ring Road. Penzel asked what areas would be effected by a public hearing on assessments. Jullie stated that all property oerners abutting the highway, from West 78th to the southern terminal. Mr. O" eil of Edina asked if driveway access would be allowed on the highway. Jullie said that property owners would not be cut off; property owners would be granted permits for driveways when application was made by them. Mr. Steelman voiced objection to the project, saying that he would be left with only a house and driveway. Mayor Osterholt questioned the rate of assessments for single homes and churches. City Manager Heinrich explained that assessments for them would be deferred until land use is changed. Motion by Penzel, seconded by McCulloch that the Resolutior be continued at a public hearing on August 6, 1974, and that residents and property owners within. * mile of the project be notified; and that the assessments for this area be reviewed and revised. notion carried unanimously. B. The application of Feeder"s Inc. for grading permit Mr. Hyde reviewed the application for permit, stating that any kind of use for the land would involve grading and that he would like to pursue it at this time. Penzel questioned the effect of grading on Starring Lake and if the Vlatershed District had responded to their request . Mr. Hyde said they had been contacted but had not responded. City Manager Heinrich stated that some problems and details ivere unresolved. Notion by McCulloch, seconded by Meyers that the matter be referred to the City Attorney; and that a resolution be formed denying the application. Pauly, Penzel, Meyers, and McCulloch voted aye. Osterholt abstained. Potion carried. _ 3 _ IV. PETITIONS REQUESTS AND 001111MUNICATIONS: A. Letter from 1gSP dated June 26 , 1974 Motion by McCulloch, seconded by Meyers that the letter x be received and filed . Motion carried unanimously. t V. RESOLUTIONS ATRD ORDINANCES: A. Second Reading, Ordinance No. 217, Cherrywood Apartments, rezoning from Rural to R-M2. 5 for 25 acre site containing 272 rental units. Motion by Penzel, seconded by Pauly, that the Second Reading of Ordinance No. 217 be approved. Motion carried unanimously. B. Second Reading, Ordinance No. 263, Prairie East PUD 73-07 rezoning from PUD 73-07 'to RM-6. 5 for 64 lots. P-lotion by Meyers, seconded by Penzel, that the Second Reading of Ordinance No. 263 be approved. Motion carried unanimously. C. Second Reading, Ordinance No. .265, an Ordinance fixing the date of City elections. Motion by Penzel, seconded by McCulloch, that the Second. Reading of Ordinance No . 265 be approved. Pauly, Penzel, Osterholt and McCulloch voted aye. Meyers voted nay. I-lotion carried. D. First Reading, Ordinance No. 267, an Ordinance amending Ordinance IIo . 211 , classifying fire zones. Notion by Penzel, seconded by McCulloch, that the First Reading of Ordinance No. 267 be approved, updated 1973. Motion carried unanimously. E. .First Reading, Ordinance No. 268, an Ordinance amending Ordinance No . 152 relating to renewal date of licenses for advertising signs . Motion by Meyers, seconded by Penzel, that the First Reading of Ordinance No. 268 be approved. Motion carried unanimously. VI. REPORTS OF OFFICERS , BOARDS AKD C0101ISSION: A. Report of Planning Director: 1 . E. J. Perlcins and C. Freeburg, request lot division of Lot B into 2 lots adjacent to Willow Creek Road. City Attorney Perbix reviewed the request for lot division and stated that over the years this council had approved subdivision .with waiver alone. -- 4 - VI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: A. Report of Planning Director: 1 . {continued} Mr. Thompson, representing the Dr. McKinnon property, spoke in opposition to the subdivision, saying that when variances are considered the whole concept is contrary to platting and zoning. Mr. Freeburg said he was willing to adjust lines and deed over property if necessary. 11r. Sorenson suggested that a rehearing be held on the original re request, with a q , possible approval of the A-B division. i Motion by Penzel, seconded by McCulloch, that a new Resolution be formed, denying the request for division into 3 lots, approving the division into 2 lots, with frontage on the road. Osterholt, Pauly, Penzel, and McCulloch voted aye. kleyers voted nay. Motion carried. 2. Alex Dorenkemper, D. V. A. Miroc Development Company Crestwood 74. Request for zoning, street eledication and subdivision. City Attorney Perbix reported that in his legal opinion, whatever was done by the council was proper and that the party involved was not taken advantage of, legally or otherwise. Thus, the council may choose to act as they wish. Mayor Osterholt asked what legal procedure was i necessary to concur with the partyl;s request. Mr. Perbix answered that rezoning or variance would be acceptable, depending upon the size of the property. i Meyers stated that platting and permits were now allowed along roadways and asked if restrictions would be lost if the road was extended. Mr. Perbix 4 replied that it would make it difficult to enforce the program. He added that if the council had an idea of granting the request, they should review the j policies and hold the line; and if modifications are in order, make them before others come in and quest- ion it. Motion by Meyers, seconded by Penzel, that the request be denied, based on the City Engineer"s report of June 18, 1974 and the Attorney"s letter I of July 5, 1974. Heyers, McCulloch and Penzel voted c aye. Osterholt and Pauly voted nay. Motion carried. 3. Hidden Ponds II, by Ecklund/Swedlund, requesting j preliminary plat approved for 211 single family lots' on approximately 112 acres. The project is located + in the KW r; section 7, south and west of existi.n f Hidden Ponds addition and south of Duck lake Trail. - 5 - VI . REPORTS OF OFFICERS, BOARDS AND CO1;E'- ISSIONS: A. Report of Planning Director: It 3. (continued) I-lotion by McCulloch, seconded by Penzel, that the preliminary plat be approved and Resolution No. 857,A be adopted in conformance with Engineering Staff Report of June 28, 1974. Osterholt, Penzel, Pauly and McCulloch voted aye. Meyers voted nay. . klotion carried. - B. Report of City Engineer: s 1 . (Deleted) Consider acceptance of street and utilities in K.Z.S. No. 664, Shultz property south of Kurtz Lane and east of Co . Rd. 4 and authorization for issuance of building permits. 2. Discussion of Ring Road-T.H. 169 and I-494 prelim- inary 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. Mr. Jullie reviewed the plans and invited in-put from property owners and others involved with the project. Eden Prairie"s share of the cost would be . IL S827, 600 and this raised the question of how other communities were effected by this type of project . A representative firom the State Highway Department said that when the plan originated with them, they assumed the cost; and when the plan accomodated the city they share the cost. Motion by Meyers, seconded by McCulloch, that the matter be continued to the August 6, 1974, meeting; and that the staff be instructed to set up a meeting with the council, state highway department and land owners to resolve all the issues discussed to date. Motion carried unanimously. 3. Consider final plat approval for Lake Eden South, 81 lot single family residential plat located east of T.H. 169-212 at East/Lest Parkway within the Edenvale South P.U.D. Meyers asked if the 4011 utility easement would cause siting problems or set-back problems. Jullie said there would be no problems. He suggested the name be changed to East/test Parkway and that proposed street names that conflicted with existing street names be changed. Motion by Penzel, seconded by Meyers, that Resolution No . 865 be adopted, subject to name changes. Motion � carried unanimously. a 6 - VI . REPORTS OF OFFICERS, BOARDS AND COTIMISSIONS: B. Report of City -Engineer: (continued) 4. Consider final plat approval for Edenvale 10th Addition, a 40-lot single family residential plat located northeast of Edenvale Blvd. and Woodland Drive within the Edenvale PUD. Attorney Perbix questioned the 5 foot easements as proposed for utilities. Motion by Meyers, seconded by Fenzel, that Resolution No . 866 be adopted, subject to the following change: add: D. Ten 110) foot wide easements for sanitary sewer purposes shall be indicated across the north lines of hot 6, block 4 and Lot 4, block 5. Original "D" becomes "E". Motion carried unanimously. 5. Consider approval of final payment to Northern t' Contracting Company for Improvement Contracz No. 51-253 in the amount of ;�220,31. 7.32, less all previous payments. Motion by Penzel , seconded by Pauly, that upon the recommendation of the City Engineer and subject to a one year warranty of all materials and workmanship ' commencing 7/9/74, final payment to Northern Con- tracting Co. be approved for I .C. 51-253 in the amount of 220, 317. 32, less all previous payments. On roll call, all votes were aye. Motion carried. C. Report of the Director of Community Services: 1 . .Riley Lake Park report. Recommendation of the Park and Recreation Commission on the parks in the Riley Lake area and a communication from Dutch Schaitberger concerning the sale of his property. Motion by Penzel , seconded by Pauly, that the council give provisional approval to the plan as presented by the Park and Recreation Commission; and grant application for acquiring Dutch"s Resort be filed for subsequent funding, including the property oumed by Jacques and Miller. Motion carried unani- mously on a roll call vote. 2. Recommendation for 1975 Grants Program. Motion by Penzel , seconded by Meyers, that the Program be approved. notion carried unanimously. 3. Recommendation to purchase Eleanor Holasek"s property in the Anderson bake Park area. 7 - VI. REPORTS OF OFFICERS, BOARDS AND COMAMEISSIOINS: C. Report of the Director of Community Services: 3. (continued) Motion by Fenzel, seconded by Pauly, that the recommendations by Marty Jessen, as stated in the letter dated Jane 259 1974, be approved. On roll call all votes were aye. M'Iotion carried unanimously. D. Report of Councilwoman Heyers: 1 . Joint meeting of Planning Commission and City Council set for June 15, 1974 Motion by Penzel , seconded by Meyers, that the Planning Commission be instructed to resume public hearings on development request under Commercial Needs Moratorium and to make recommendations to the City Council . Motion carried unanimously. I-lotion by Penzel , seconded by McCulloch, that the staff be instructed to conclude development data inventory as soon as possible for the City Council and Advisory Commission"s review. Notion carried unanimously. Motion by McCulloch, seconded by Penzel, that upon receipt of development material, the City Council establish a series of public meetings with the Advisory Commission to evaluate and compare development implementation procedures with Guide Plan goals and objectives, and plan elements to assist in policy clarification. Motion carried unanimously. Motion by Meyers, seconded by McCulloch, that the staff be directed to inform Brauer & Associates that the Council has decided not to procee& with the Community Needs Study or the Guide Plan Review at this time, pending data inventory and Council- Advisory Commission evaluation. Motion carried unanimously. E. Report of the Finance Director: 1 . City owned property rental rate analysis Motion by Meyers, seconded by Penzel, that the Council approve the rental rates and arrangements for property on Timber Trail as set forth in the memo of June 20, 1974, pending lease arrangements with the Public Safety Officer. On roll call, all votes were aye. Motion carried unanimously. VI . REPORTS OF OFFICF,RS , BOARDS AUD COMMISSIONS: E. Report of the Finance Director: (continued) 2. Establishing date for bond sale Finance Director John Frane announced that no date r has been set for the Bond sale. F. Report of the City Manager: 1 . Public Safety Department Supervisory Positions City Manager Robert Heinrich announced that Keith Mall had been appointed to Crime Prevention Supervisor (Sergeant) . Mr. Heinrich recommended the establishment of the position of Patrol Supervisor. Motion by Penzel , seconded by Pauly, that the position of Patrol Supervisor be established and the appropriation of 1�600 be made to fund the position for the balance of 1974. Potion carried unanimously. 2. Discussion of Taxi Cab Ordinance Attorney Perbix expressed the opinion that action at this time would be premature. Motion by Meyers, seconded by McCulloch, that action on a Taxi Cab Ordinance be deferred. Motion carried unanimously. 3. Discussion of July 15 meeting with Hennepin County officials. Motion by Penzel, seconded by McCulloch, that the meeting as confirmed by the Director of Public Works of Hennepin County in a letter dated July -1 , 1974, be approved. Notion carried unanimously. 4. Compensation of Full-time employees on Volunteer Fire Department Motion by Penzel , seconded by Meyers, that the compensation be continued in the established manner. Piotion carried unanimously. G. Report of the City Clerk: 1 . Recommended License Application List dated 719/74 Motion by Ileyers, seconded by Penzel, that the License Application List, as presented, be approved. Motion carried unanimously. 9 VII. FINANCES' : A. Payment of Claims No . 4478 -- 4557 Motion by Penzel , seconded by Meyers, that Claims P.o. 4478 - 4557 be paid as presented by the Finance Director in memo dated July 3, 1974. On roll call, all votes were aye. Tlotion carried unanimously. B. Cash and Investment Report Motion by Penzel, seconded by Tieyers, that the Financial Report prepared by Finance Director John Frane, dated July 9, 1974, be accepted. Motion carried unanimously. Motion by Fenzel, seconded by Meyers, that a special meeting of Council members be held July 10, 1974, at 7:30 Pri. Pauly, Penzel and Mleyers voted aye. Osterholt and McCulloch voted nay . Motion carried. VI II. ADJOURB14ENT : Motion by McCulloch, seconded by Penzel, that the meeting adjourn. Motion carried unanimously. Meeting adjourned at 12 : 27 AM. Ruth Lee Deputy City Clerk