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City Council - 07/24/1974 UT E "DEN !L�IRIEE CITY COUiSCIL ;ednesday July 24, 1974 7: 30 1.';yl, City* Hall COU-11CIL Mlx'.E:3RS: Mayor D. :z�. Osterholt, Joan T�Ieyers, John i,IcCulloch, :Tolfgang Fenzel and Sidney Pauly COUPCII• S`ILPF: City I- anager Robert Heinrich, City Attorney Keith Simons, Clerk-Finance Director John Frane, Planner Dick Putnam, Director of Community Services Marty Jessen, and Engineer Carl Jullie Silent invocation. Pledge of allegiance. 1. MINUTES OF THE REGULA, i1:�ETING HELD DULY 9, 1974' MIIXTES OF THE SPECIAL HEFTING HELD JULY 12, 1974 (no consideration) III . PUBLIC HEARINGS: A. Consider complete street improvements, including concrete curb and gutter and storm sewer .for Sheridan Lane, Red Rock Road, hillside Drive and Oak Drive, PROJECT STR 73-3-�7. Engineer Jullie reviewed the feasibility report which included the recormmendation that plans for minimwm street improvement be abandoned and complete street improvements be made. Penzel questioned if the Class A street would eliminate the replacing of the Class B street (if so used) at a later date. Jullie replied that he felt it would. Pauly asked if the 10% increase in cost mentioned by the construction company was a reliable figure. Jullie said rising costs of asphalt could easily make such a rising cost possible. Penzel asked what per cent of the, residents were rep- resented by the petition submitted earlier. Jullie said that about 13 of the 57 landowners had signed petitions. Wayne Pearson, Hillside Drive, asked if there would be any problems of compaction, and the life expectancy of the Class A street. 2 - TII . PUBLIC HEA,�IITGS: A. ( continued) Jullie assured him that compaction standards would have to be met before the bids would be accepted. Life of a Class , street would be about 20 years. r Firs. Duti ick, Red Dock Road, favored the Class A street. P,ir. Rions, Oak Drive, asked if the original road was restored, hoer long would it last. Jullie said about 3 or 4 years, at the most. Mayne Pearson, Hillside Drive, favored class A streets, minimum width. Sue Berge, Red Rock, said she preferred no curb and gutter and the narrower street. Rions proposed that 3 different plans and their costs be compiled and sent to the homeowners for vote. t-:otion by McCulloch, seconded by nleyers, that Resolution No . 870 ordering improvement Project STR 73-3-27 be adopted for Sheridan Lane. Motion carried unanimously. Motion by McCulloch, seconded by Penzel, that the Public 4LHearing be closed . riotion carried unanimously. IYiotion by Fenzel, seconded by Pauly, to rescind the previous action and re-open the Public Hearing. Lotion carried unanimously. Upon request from the Mayor, Jullie explained the alternative plans for bid options: 28 ' wide without curb and gutter, 24 ' wide with curb and gutter, and 241 wide without curb and gutter. motion by Meyers, seconded by Penzel, to reconsider previous action and amend the motion to read : that alternate bids be requested for Red Rock Road, Hillside Drive and Oak Drive, as outlined by Jullie; and close the Public Hearing. Motion carried unanimously. B. Consider street improvements, including traffic signal at Mitchell Road and T.H. 5, bituminous overlay of Mitchell Road from T.H. 5 to 200 feet south of Scenic Heights Road and right-of-sway acquisition for access Road to MTS Co. , PROJECT STR 74-3-081 . Tloticn by Penzel , seconded by Neyers, to adopt Resolution No . 871 ordering the improvement and preparation of plans for PROJECT STR 74-3-081 ; and close Public Hearing.. Notion carried unanimously. III. PUBLIC 11EARIVIGS: C. Second Reading of Sign Ordinance Yo. 261 (no consideration) D. Suncrest Homes Inc . , request for rezoning to !U-1 6.5 for 32 double bungalows on 6 acres and preliminary plat approval for 32 lots. Motion by Pauly, seconded by Penzel, to approve the First tZeading Ordinance No. 269 rezoning 6 acres from PUD 70-03 to XA 6. 5 for 32 double bungalow units. t Mo Lion carried unanimously., k1otion by Penzel , seconded by Pauly, to adopt Resolution No. 8'1 6 granting preliminary plat approval for 32 lots. Motion carried unanimously. IV. PETITIONS. REQUESTS AND CONTIUNICATIONS: A. Receive Petition for sanitary sewer and watermain service to homes at 14113, 14117 and 14123 Holly Road, PROJECT MIS 73-9-26. Motion by Penzel, seconded by Meyers, to adopt Resolution No . 872 receiving 100% petition, ordering improvement PROJECT I2IS 73-9-26 and accepting the bid price submitted. by Dakota-Minnesota Construction Co. in the amount of A. 930, subject to clarification of first two quantity items on bid. On roll call, all votes were aye. potion carried unanimously. B. Receive Petition letter dated 7/12/74 from Physical. Electronics Industries, Inc. for permission to construct City trunk watermain to their new building on Flying Cloud Drive and receive an assessment credit therefore. Motion by Penzel , seconded by Pauly, to receive the petition letter and direct the staff to request the permission from the City of Edina for approval of such watermain extension per terms of the agreement titled "Sanitary Sewer, +later and Storm Sewer Service Area and Administration Agreement" dated 5/28/74 and agreeing in concept to the assessment credit proposed in the pettiLion letter. Notion carried unanimously. C. Letter from Lower Ninnesota River iiatershed District. (no consideration) D. Letter from Alex Dorenkemper, dated July 9, 1974. 1.1r. Dorenkemper reviewed the information in the letter, relating to the background of the Dorenkemper property. After considerable discussion, the Mayor suggested that Mr. Dorenkemper present in writing to the council, a i IV. PETITIONS, REQUESTS 4I1D C01*1UNICATION3: r D. ( continued) AMP It proposal of what he plans to do with the property, and assured hire of consideration of his plans at that time. E. Letter from; James Perkins, dated July 139 1974 Mr. Freeburg presented his views on the letter and asked that the subdivision of the lots be considered again, on the basis of the City ordinances. Motion by Penzel, seconded by Meyers, that the letter be received and referred to the City Attorney for comment and that these comments be given to the Council for review; that the Attorney review the resolution No. 868 for comments; and that the matter be continued to the August 13 Council meeting. Motion carried unanimous) V. ORDIIyANCES AND RESOLUTIO iS : A. Second heading of Ordinance No . 267, an Ordinance amending Ordinance No . 211 , classifying fire zones. Motion by Penzel, seconded by Tleyers, to approve the Second Reading of Ordinance No . 267. notion carried unanimously. IL B. Second Reading of Ordinance No. 268, an Ordinance amending Ordinance No . 152 relating to renewal date of licenses for advertising signs. Motion by Meyers, seconded by Penzel, to approve the Second Reading of Ordinance No. 268. Motion carried unanimously. C. Final Approval of MTS M. I.D.B. s Motion by 11eyers, seconded by Penzel, to approve the Resolution authorizing the acquisition, construction and leasing of a project under the Hinnesota 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. Motion carried unanimously. VI . REPORTS OF OFFICERS, BOAiZDS AND COM1,1IS SIONS : A. Report of Director of Community Services : 1 . Lake Riley Park Plan More names were submitted to the original Petitlon of disagreement with the Lake Riley Park Plan. VI . REPORTS OF OFFIC2,R§2 BOAiZ:XS' AN.D COMI:11ISSIONS: A. Report of Director of Community Services: 1 . Lake Riley Park Plan (continued) Meyers questioned if the residents were familiar with the proposed project. t i Jessen said that bake Miley homeowners had been invited to several meetings where it was presented. rieyers relayed that people objected to moving from their homes and asked if any life time lease arrange- ments were possible. Jessen assured adequate notice of any action and . provisions would be made for leases_ Meyers said that residents feared excessive use of the lake. Jessen anticipated joint management policies would between Eden Prairie, Chanhassen and Hennepin and Carver counties, along with state controls. T,Iayor Osterholt asked if purchase of land would interfere with present active park programs.IL - Jessen explained that money for land purchases would have to be considered. Motion by Fenzel, seconded by Pauly, to receive the petition as submitted and stand by previous action, leaving low priority on the Labe Riley Park Plan, with acquisition of high priority land depending on funding available. Motion carried unanimously. 2. Discussion of proposed national legislation to increase Land and rater Conservation Fund from ;v30O,0OO,O0Q to ol .000,O00,OOO annually. (no consideration) B. Report of City Engineer: 1 . R.L. S. Wo. 664 - Schultz property a (deleted) 2. Approve plans and specifications and order adver- tisement for bids for trunk and lateral watermain extensions to northeast area of Eden Prairie, I.C . 51 -263. -- 6 -- VI . REPORTS OF OFFICERS, BOARDS AND COP%Jf_ISSIONS: B. Report of City Engineer; 2. (continued) Notion by Pauly, seconded by Fenzel, to adopt Resolution Ko . 874 approving plans and specifications combining projects for bidding and ordering adver- tisement for bids on Project WTR 74-2-01 and Project 4TR 74-8-05. Motion carried unanimously. 3. Approve plans and specifications and order adver- tisement for bis for trunk and lateral sanitary sewer extensions to northeast area of Eden Prairie, I .C . 51-264. Motion by Penzel, seconded by Pauly, to adopt Resolution No. 875 approving plans and specifications combining projects for bidding and ordering adver- tisement for bids on Project SA1'J 71-7-34 and Project SAN 74.-1 -01 . Motion carried unanimously. 4. Consider final plat approval for the Trails 3rd Addition. Motion by Meyers, seconded by Penzel, to adopt '?esolution No. 873, approving the final plat of The Trails 3rd Addition. Motion carried unanimously. IL.. Consider - t 5. final plat approval for tiustad s hiillcreek. Bill Bonner of Hustad ' s requested advance action on a Resolution originally scheduled for August 6 Council meet-ing. Motion by Pauly, seconded by Meyers, to adopt Resolution No. ,8_,7a, approving the final plat of 14illcreek 1st Addition. Motion carried unanimously. Motion by Pauly, seconded by Penzel, to adopt Resolution ho. OM approving the final plat of Millcreek 2nd Addition. Notion carried unanimously. C. Report of Finance Director: 1 . Rental properties - Staring bakes (no consideration) 2. Report on Park Property Ilouses (no consideration) 3 . Establishing August 13, 1974 as Bond Sale date at 6 : 30 PM for ',3,000, 000 of Public Improvement Bonds. 7 - VI . REPo3TS OF OFFIC-LI -`RS, BOA,.OS t,ED C01-M ISSIONS: C. Report of Finance Director: 3 . (continued) Motion by Meyers, seconded by Fenzel, approving Resolution Zo . 869 setting the Bond Sale date. On roll call, all votes were aye. Xot .on carried unanimously. { D. Report of City Clerk: 1 . City Clerk ' s recommended License Application List dated 7/23/74 3 Motion by Neyers, seconded by Penzel, to approve the License Application List dated 7/23/74. .Motion carried unanimously. L. Report of City Manager: 1 . Report of meeting with Hennepin County Commissioner Ticen. (no consideration) 2. Polling Places Motion by Penzel , seconded by I4eyers, that the report be adopted and directed to the Attorney to prepare a Resolution designating the schools as polling places. Motion carried unanimously. 3. Progress in enforcing Sign Ordinance No. 152 (no consideration) 4. Cement block building at Flying Cloud Drive (no consideration) 5. Planning and Zoning Commission Meeting dates Discussion, no action. 6. Set meeting date with Minnesota Highway Department officials for discussion of proposed highway improvement projects and cost participation. (no consideration) F. Report of Mayor: 1 . 1-iembershi.p for 1974-75 in Association of Metro- politan Municipalities, Dues w1 , 418. (no consideration) VI . REPOT r'L S OF OFFICE.iS, BOARDS AND COMMISSION: r. Report of I'layor: 2 . Appointments : Park and Recreation Commission: Paul Choiniere x Motion by Penzel, seconded by McCulloch that the appointment be approved. motion carried unanimously. Building Code of !appeals: Paul Mol zahn Robert Lapic Anthony Hirt Wayne Brown (a fifth member to be named) Lotion. by Penzel, seconded by McCulloch that the appointments be approved. Notion carried unanimously. VII. FINANCES: Payment of Claims IJo . 4558 - 4672 r Motion by Penzel, seconded by Pauly, that Claims No. 4558 - 4672 be paid. On roll call, all votes were aye. Motion carried unanimously. VIII. ADJOURNIMENT I-lotion by McCulloch, seconded by Pauly, that this meeting adjourn. notion carried unanimously. The meeting adjourned at 12 :25. Ruth Lee, Deputy Clerk f I