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City Council - 01/14/1975 i MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 14, .1975 7:30 PM, CITY HALL COUNCIL MEMBERS : A4ayor D. W. Osterholt , Joan Meyers , Wolfgang Penzel and Sidney Pauly William Bye was Absent COUNCIL LTAFF PRESENT: Acting City Manager John D. Frane ; City Attorney Harlan Perbix; Planner Dick Putnam; Engineer Carl Jullie INVOCATION - Silent Prayer Pledge of Allegiance i Roll Call I. MINUTES OF REGULAR MEETING HELD JANUARY 79 1975 Mayor Osterholt suggested deferring until later in the meeting. II. PUBLIC HEARINGS: A. Continued public hearing on sanitary sewer and watermain 1_m_E_r�ovements along D La .eTrail within the Lochanburn Additio,a-Long T . He IM sou h or uc Lake Trailq an on Lotus iew rive, hesolution No. 933 . Y Mr. Jullie explained the most economical method for installing sewer and water and the necessity of a loop for the water. He stated, in the Lochanburn Addition, ten residents favored curb and gutter, fifteen opposed and eleven did not respond. It will cost $4?10 per unit for water and sewer in Lochanburn, and $4180 on Lotus View Drive as the street will not be up- graded. The amount of $15 ,000 to overlay Duck Lake Trail is included in total project costa s Mr. Paul Albrecht asked if the $530 figure for curb and gutter included a storm sewer. Mr. Jullie replied it did. Also, inquired as to why the people in Lochanburn were paying for the Duck Lake Trail overlay and Mr. Jullie replied they weren' t Mr. Leo Dorf asked if the installation of the trunk line would be where the stakes were located. If so, it would require the removal of trees forty to fifty years old. Mr. Husby replied the stakes marked the survey line , not the trench and they would try to avoid the trees . Stated the residents could see the plans if they wished. Mr. Albrecht questioned the digging of s ,parate trenches for sewer and water and Mr. Jullie explained they had to be separ- ated by at least ten feet . f J Minutes —2— January 149 1975 II. PUBLIC FIEt" RT14TGS : (Cont ' d. ) Mr. Loron Irvine stated water was not necessary along 101 as it was being installed to create a loop and would only benefit a few homes. Inquired as to why Chanhassen was being charged a mere $75 ,000 for about 300 acres while Eden Prairie was being charged for the major portion of the project and yet it only involved a-- .. '_-r:atc:v 80 acres . Mr. Jullie explained water along 101 is for fire equipment accessiblity and looping of water is necessary to complete system, and Eden Prairie may be able to recover some of the cost from Chanhassen as the area involved is developed. Mr. Irvine stated the grater should be a trunk rather than a lateral as . it would not benefit the property directly on 101. Mr. Blomberg stated his concern about the assessments to be levied against his property and said with sewer and water on opposite sides of lot , it would double cost to service property. Thought there must be another way to assess this unplat•ted land as the present method is prohibitive . 4 Mrs . Meyers asked if Lotus Viet;r were excluded and only Lochanburn serviced, coult Lotus View be served by another project without costing the City $l40,000. 1-4r. Jullie replied there would not be a savings realized by excluding Lotus View as it is most con— venient now and the cost is continually on the increase and this is the most feasible engineering method to service Lotus View. . Mrs . Pauly asked if the water could be run along the sewer line . Messrs. Jullie and Husby explained the water should be run down 101 in order to serve property that may be developed in the future Mr. Albrecht cited an example of a fire hydrant in the middle of a corn field in Minnetonka and stated water did not have to go along 101. Mr. Irvine stated he approved of the sewer, but not the watermain along 101 as it was for Hidden Ponds' benefit and the developer should install it. Asked that the watermain be clarified as to whether it is a trunk, sub trunk or lateral. If it is a lateral, he will not give easement for the water to go along 101. Mrs. Meyers stated Resolution 11o. 933 called for bids to include curb and gutter and should be amended so bids will be received with and without curb and gutter. Mr. Blomberg said his property could not stand an assessment of ten REC ' s as it would increase the cost of the land to a point where it could not be sold. Mr. Jullie stated that adjustments can be made: with a change order upon receipt of a plat of the land - Mrs. Pauly asked if the project could be bid three ways: (1) sewer and water ( 2) sewer only and ( 3 ) sewer and water oxcept along 101. Mr. Busby explained they considered the fact abutting lots in Chanhassen could be served by the proposed watermain. r Minutes -3-- January 14, 1975 IT. PUBLIC HEARTNGS : ( Copt ° d. ) 11r. Albrecht stated the land is so loco, it would be difficult to develop. Mr. Jullie said tYe watermain could be designated as a trunk line and it would obon be covered by City funds . Pars. Meyers said a Change Order could move the: water along the road if one is to be built . P-Irs . Pauly inquired as to the time limit for making a Change Order. 14r. Husby said this can be done right up to digging the trenches . Movers moved to approve Resolution No . 933 ordering improve- ments , approving plans and specifications , combining projects for bidding and ordering advertisement for bids on I .C . 51-269 and alternate bids with deletion of water lateral along T.H. 101 from Lotus View Drive to Duck Lake Trail : and to delete "at an estimated cost of *015,C00" from Page 2, Penzel seconded. Motion carried unanimously. B. Sanitary sewer and watermain improvements on Center Drive , north o1 forth Rillcrest Court 9 ?ro,ject j•; 5 4- -1k, 1.cso- tion i�o . 934 . Mr. Jullie stated the official notice was published for this project , out Mr_,ssrs. Labore and Otten did not receive their notices so they were contacted by telephone * Dir. Jullie stated lAessrs. Labore and Otten were in favor of the project . The total cost of the; project would be $22 , 500. For lots developed prior to June I, 1971, the per REC charge would be $3332 and for the other lots , about $1000 additional . } Mr. Jerry Otten stated they wanted sewer and water at the time they purchased their property, but it was not available and as a result, the cost for service is now about $1000 more . Penzel moved to approve Resolution No. 934 ordering improve- ments and approving plans and specifications and ordering advertisement for bids on Project 1-4IS 74-9-14 under I .C.51-269 and closing the Public Hearing , 14eyers secondod. Motion carried unanimously. C. Family Care and Group Cure Homes , presentation by Mr. Robert Williams , Chairman of Human Riahts commission, on the recom- menacd changes to Zoning Urainancc Do. 1 35 T rmitting Family Care Homes and Group Care Hones in residential districts. t Mrs. Linda Enger asked Mr. Williams what type of Family Caro Homes ho was rcfarring to and the kind of housing required. Mr. Williams stated it would be for the mentally disadvantaged, aged and physically handicapped and the maximum number of people in a home would be six. The homes take many formats such as private homes, condominiums, apartments„ etc. Mr. Putnam recommended approval of the Ordinance changes with minor modifications. Minutes -1�- January 1.4., 1975 II. PUPLTC HEARINGS: ( Cont • d. ) 4 Mr. Perbix voicod his concern about Group Care Homes needing Council action to be formed whereas Family Care Homes need only a permit from the City P•Ianagar. They both have the sama rc:quiroments and the same rights although thoy serve different typos of problems . Mrs. Meyers said the Planning and Zoning Commission requested the City Attorney to rovicw the Ordinance . Mr. Putnam cxplzin;:d the Planning;/Zoning Commission and Human Rights Commission tried to write in discretionary control for the Council as they were concerned about the wording of the Ordinance . x Mr. Perbix opposed the issuance of Use Permits or Licenses as the Supr me Court does not uphold discretionary use: except under special conditions . He needs more information about the Group Carc acctiLn of the Ordinance. ' Mr. 11illiams stated the PUD Ordinance allows discretionary control and possibly those homes could be accommodated through that Ordinance . Ruth Quaal asked if the homes were state or-privately owned and if the operators were paid for running them. bar. Williams replied there wcrc a number of altcrnativcs: state owned, privately owned, run by non--profit organization, run by a religious organizations etc . Mr. Putnam stated the homes will be restricted to no more than eight people and all homes would have to be licensed. Will attempt to document the conditions better. Mr. Perbix suggested continuing the Public Hearing until a late date to give him the opportunity to review the matter. Penzel moved to continue Public Hearing until February 11, 197�. and direct City Attorney to work with Human Rights Commission and Planning/Zoning Commission and report back to the Council at that time . Pauly sccondod. Motion carried unanimously. D. 4/5 Mini-So ctor Study, land use and transportation study for about 550 acr;:s surrounding the Co. Rd. 4/T.H. 5 intersection. Prosentation of the consultant staff report dated Jan. 6, 1975 . Mr. Putnam told the Council no action was necessary since the study had not yet bec.n approved by the Planning/Zoning Commission. It is mcrcly rocommcndations of the staff and consultants. He said the Task force looked at four alternatives and recommended Alternative A , th:3 upgrading of Hgwy. 5 to a four lane , rather than wait for the completion of 212 which is many years away. Minutes -5- January 14, 1975 II. PUBLIC HEARINGS : (Cont' d. ) Mrs . Pauly asked if the proposed land use plan would not also be cffcctivc with Alternative D. Mr. Putnam replied that it would; howovor, the probl`m would be the increase in traffic without a comparablo upgrading of the road. Mr. Penzel inquired as to whether tho study considered alternate commercial sites just outside immediate study areas . Mr. Putnam stated not "specifically for purposc;s of this study." Mrs. 14cyors stated alternate sites wore discussed at the Planning and Zoning Commission meeting just last evening, howcvc;r, the sites wero not considered by the Task Force . Mrs. Pauly stated she didn't see how three four-lane roads would be cheaper to build then 212. Mr. Putnam explained. PQr. Robert Williams expressed his concern about the increase of traffic along Luther Way if this plan were to be implemented. Suggested the City contact the Hennepin County Board regarding the possibility of a community library in that area. Mrs. Eames asked if the area across from Mitchell Lake on Hgwy. 5 was wide enough to accommodate a four-lane highway and if so, what would happen to the Norway Piny: trees in that area. Mr. Putnam stated without e. specific engineering study, they could not be certain if the trees would be affected . Mr. Don Peterson of Edcn Land Corporation stated his opposition to a major change in the Comprehensive Guide Plan adopted by the City. His firm had pursued a shopping center at Valley View and Mlitchell Road as the Comprehensive Guide Plan was dedicated to keeping; commercial ventures off Hgwy. 5. Have been trying to lease their shopping center for a year and a half[ but have been unable to do so due to the throat of a center on Hgwy. 5. Stated they arc against a proposal which would change the policy of the Comprehensive Guide Plan and City should consider more than just Co. Rd. 4 and 119wy. 5 when changing policy. Dr. John Savaryn stated he was concerned about cxpensivo parks to north of his land and said it was not good planning to have resi- dential homes so close to offices - there should be multiple dwellings to permit maximum number of people to use facilities. There will be transit along Hgwy. 5, so commercial ventures should be near there to permit the maximum number of people to use them. Mr. Pat Allison, representing Eden Land Corp. , stated the firm's opposition to this plan and said they pay a great deal in taxes and have always cooporatod with the City. The 4/5 project is not all -that is being discussed, it is the whole city. Eden Prairie t does not have the population to support another shopping center. Their understanding was that future road studies and building was to eliminate traffic on Hgwy. 5. They will not build any more facilities until this issue is resolved. r Minutes -6- January 149 1975 II II. PliBLIC IIL;.RIIIGS: (Cony d. ) Mr. Roger Pauly voiced his concern regarding the proposed upgrading of Hgtry. 5 into a four-lane highway which would approach freeway standards and represented a major policy change on the part of the City. Asking the Council to make a major policy chango was beyond the scope of the study. Referred to a study in depth about routing 212 along 5 by HNTB. Experts revicvx:d the history of the Village 's policy when doing this study and this must be taken into account by anyone making a docision on the proposed plan. Also, stated that the upgrading should have to meet at least the same set of standards as a freeway. 4 n Mr. Putnam said the 170 traffic projections for Hgwy. 5 were higher than those predicted for 212. Also, Per. Putnam stated they were not changing the Conipra hens ivc Guide Plan relative to transportation policy as Hgwy. 5 is an arterial and were not recommending a frooway for Hgwy. 5 . x Ruth Quaal stated pcoplo aro tired of wall to wall cement and the environmentalists will fight 212 and -stop it 35 they did in Duluth. Mrs. Meyors stated sha read the HNTB study and mentioned the safety conditions along Hgwy. 5 were intolerable and some improvement must be mado. 4 Mr. Paul asked about a • d y map in the 70 report showing a parkway and wanted to know the source and status. Mayor Osterholt said it was part of the Comprehensive Guide Plan and part of the 212 Corridor Study which the City supported. Mr. Claire Kispert stated his concern that a four-lane road would bo too close to his property. Mr.. Peterson asked what land uses were going to be allowed along this corridor. Mr. Putnam said at this point in time, he could not answer the question. Mrs. Pauly said she had letters from concerned citizens which she wantz:d to appear in the record. The letters were from: Mrs. David Anderson, Mrs. John Kasid Don and Barbara Johnson, and Ron Johnson. All the letters stated their opposition to the upgrading of Hgwy. 5. Mayor Oste"bolt surZosted taking no action until the Council receives the Planning and Zoning Commission' s recommendations. Meyers moved to continue Public Hearing until February 11, 1975. . Penzcl seconded. Motion carried unanimously. IW f �7 Minutes -7- January 149 1975 Meyers moved to act on the Clerk' s License List at this time in the meeting, Pc;nzel seconded. Motion carried unanimously. IV. REPORTS OF OFFICERS o BOARDS AND COI-NU ISSIONS: D. Report of Finance: Director. 1. Clork' s License List . x Mr. Gould requested the Council renew his license for a private kennel even though some of his neighbors were against it. He presented about 18 letters from Dy friends and neighbors stating his dogs are not vicious . He said a lot of money has been spent to build up the kennel, that he cleaned the kennel three times a weEk, and did try to keep his dogs quiet. Mr. Harvey Hladky said he wanted to see the letters presented to the Council. Mr. Dale Evans stated Mr. Gould's license when first issued was for only 12 dogs and there: are many more now and they howl at all hours of day and night. He said • Mr. Gould (1) could not be trusted ( 2) could not handle his dogs (3 ) boat the dogs (4) electrocuted them if they barked and ( 5 ) had some of the dogs trucked away in the last few days. Mr. Evans presented a letter f-om his Veterinarian regarding an incident where one of the dogs got loose and attacked Evan' s pet lamb so viciously, the lamb had to be put to sleep. Officer Wall inspected the kennel in question without the owner's permission and walked among the dogs without being bit . He said if all ordinances were to be enforced, most of the people at the meeting complaining of the dogs would be in trouble . Thcre were junked cars in front of one house and in the yard of another, ten to twelve horses on a one-acre lot. ` ra Mrs . Pauly mentioned a similar experience with a dog attacking ono of their pet lambs and yet the dog showed no other signs of being vicious . Mr. Hladky said it was not just the lamb incident , but the dogs howl all the time and disturb the neighbors. Also, the same dog killed a neighbor's cat. Mrs . Meyers asked Mr. Gould how the dog got loose , how long the dog was loose and if the if the dogs wore being mistreated. Mr. Gould said the harness clip broke as it was rusty allowing the dog to get loose . The dog was loose for only a few hours as he couldn' t catch it by himself. He denied mistreating the dogs and stated he uses a Minutes —8— January 14, 1975 pellet gun to shoot thc;m in thy: rear when they bark, however, due to heir thick fur, it does not hurt them — just stings. It is an appro— .ed dog--handling practice: . He told tho Council he got rid of the dog involved in tho lamb incident the sn nc: day end triad .to replace the Evans' lamb, but Mr. . Evans would not accept the la-mbs a Mayor Ostcrholt asked Mr. Gould why he had more than the 12 dogs originally apprcved. Mr. Brent Prciaise , representing Mr. Gould, stated tho original license was for 12 dogs, but after six months , he received approval for 18 dogs. The reason thero are more dogs is some of them arc under six months old and are from the litters of his dogs . Mr. Karl Kurtz 'said the dogs are noisy. Mr. Perbix suggested Officer Wall check the situation every so often. Mr. Evans stated in Dccenber of t 72, they appeared before the Council to state their opposition to renowal of his license. The Council set up a private mecti.ng, hovrcver, they were unable to attend. He said they did not receive notice that 14r. Gould was granted permission to have more dogs. t Mrs. Stenehjam stated the dogs do howl just before they are to be fed, . but she does not find it offensive. Nirs . o Me rs asked if them was an cnclosurc Y"' for the dogs while being nitchcd to the sled so they could not get loose . Mr. Gould said he does not have such an cnclosurc. Mayor Ostcrholt asked if each dog was licensed and Mr. Gould replied they weren't, but he would do so if required. Mr. Evans stated he was not out to do harm to Mr. Gould but wanted the dogs out of thera and offered to let hin use his truck to do this and would help him if necessary. Mr. Penzcl asked if the Ordinance did not cover this situation, what was the City's legal. right. Mr. Perbix explained the Ordinance; is not perfectly clear as to what constitutes a nuisance concerning dogs. Officer Hacking said the kc:nncl was inspected by the Public Safety pept. six weeks prior to the complaints and it looked the; same then as when they completed their more recent inspection. He suggestod the Council mc;mbers go out and look at the kennel. Meyers moved to approvo the license for 18 adult dogs and a maximum of seven pups zrid direct the Public Safety Dept . to make six random . insp::ctions prior to September 1, 1975, keep a log of verified complaints and rrmort hack to the Council at the first mcetina in Se tember, 1975 and for Mr. Gould to provide enclosure for dogs while being hi?ched to sled. Penzel secnnded. motion carried unanimously. _ 'a N Minute s _9- January 141, 1975 ;w II . PUBLIC HEA RINGS : ' ( font' d. ) E. The Preserve Commercial Plan 200+ acre concept plan for the 'land surroun ing t u tdon Prairie Shopping Center in the MCA. Presentation of overall concept and recuest for preliminary plat approval for Area F contained in the proposed Preserve Commercial Plan. 1. Resolution No. 938 approving the Preserve Commercial Plan. 2. Resolution No. 939 approving the preliminary plat of Area F contained in the Preserve Commercial Plan. Mr. Don Hess of the Presorve stated The Preserve Commer- cial Plan will tako three hours to presont so, tonight, k they are seeking approval for the preliminary plan plus a PUD for the whole area and concept approval for Area F. He said the plan was divided into areas to make planning and approval of the plans easier to deal with; .and when they have received approval for the preliminary plan and the concept plan for hrea F, they will go on with the other areas. Mr. Loren Galpin of Development Concept Corp. explained the specific areas and the various possible uses of the land. He discussed access points, walkways,, bikeways , Hgwy. 169 and Ring Road Access and mentioned the holding ponds for the storm sewer run-off from Homart . : Pauly moved to continue the Public Hearing for The Preserve Commercial Plan (Resolution No. 938) until the Special Meeting to be held at 7:30 PM on February 13 and direct the staff to set up meeting with both the Planning/Zoning Commission and Park/Rec. Commission. Penzel seconded. Motion carried unanimously. Mr. Galpin stated they needed and felt they should have direct access to the Ring Road as they are being assessed for the Ring Road. Mrs. Moyers asked why the plans showed the intersection as a four-way when the Highway Dept. only approved a throe-way. Mr. -Galpin replied that it is to be a three- way intersection. Mayor Osterholt stated his objection to a statement in The Preserve's brochure that it is necessary for them to have direct access to tho Ring Road to be a part of the MCA . Explained this is not the case as there; will be other businesses involved not having direct access, but still a part of the MCA . Mr. Lee Johnson said the easement of the pathways and holding ponds would be granted. Minutes -10- January 14, 1975 II . PUBLIC HEARINGS : (Cont ' d. ) E. 2. Mrs. Mcycrs mcnticned a staff report dated December 20, 1974 calling for the City to initiate some kind of policy for overpassc;s and und :rpasscs ; and suggested directing staff to develop policy for major bike—vray/hikowaysystems improvements . Mr. Hess stated this was not a final plan — just preliminary Mr. Johnson said they cannot sell parcel of land to Mathodis-' Hospital until it is divided. Mr. Gilpin explained they are requesting approval now as tholy are trying to stay ahead of the game for planning. Mr. Perbix did not see any legal problems to granting approval for just this one piece. Mrs . Neycrs asked Mr. Perbix if the Council could' grant • - approval of th:: preliminary plat without doing anything to yx affect the PUP rezoning. Mr. Perbix said the Council could adjust the Plan accordingly. Mr. Galpin mentioned a firm plan was not necessary as it could be changed. Meyers moved to approve Resolution No. 939 approving the preliminary plat of Arca F contained in the Preserve Commorcial Plan and direct the City Attorney to draft the zoning agreement and state the pathways/bikoways be made public, Pauly seconded. Council 11::mbers Meyers , Pauly and Penzel voted approval, Mayor Osterholt voted against. Motion carried. Penzel moved to consider only the following; Agenda items : Hidden Ponds Final Plat Approval and Suburban Engineering Agri anent, and continue rest of meeting until Thursday, January 161 1975 at 7:30 P111, City Hall. Pauly seconded. Motion carried unanimously, IV. REPORTS OF OFFICER32 BOARDS AND C011MISSIOHS : A. Report of Cit�,r rngincer 1. Final Plat approval for Hidden Ponds and 2nd Addition, a sing c. amz'TJrosideFt-71—al plat located sour o uck Lake trail and east of T.H. 101. Resolution No. 935. Council mombers questioned Pir. Swedlund regarding trails, outlots, 100' cut de sac, why two Valley View Roads , why %thro:: T%-rtnn Curves. Mr. .1Krritson, S:•r:-:dlund ongincor re— spondcd. Julli:: said_ tho 100• cul de sac was due to Tossiblc purchase of property to south by City and School ist. and cxplaincd the Public Safety Dept. had requested they keep new street names to a minimum to avoid confus— ion in time of an emergency. Mr. Franc suggested Mr. Jullie adjust thq street names and advise the Council accordingly. Minutes -11- January 14P 1975 IV. REPORTS OF OFFICERS 9 BOARDS AND COM-IISSIONS: (Cont' d. ) A . 1. Mcyers moved to approve Ram..solution No. 935 based on . engineer' s report dated January 10, 1975 as amended and under Park Dedication, add Outlot G to be dedicated to the City as greenways and open spaces and adjust the duplication of street names. Penzel seconded. Motion a carried unanimously. 3. Approval of En?inecrin Al reenant with Suburban En ineer- in o. atea 1/ Jt , for Ongineerin- services to be ro- v1dod oonauthorized projects curing 1975. Mr. Penzel asked about the City receiving copies instead of originals and why the agxe.ement stated Suburban could refuse to do a job. Mr. Jullie Explained City has no direct need for originals as long as the copies can be reproduced and essentially serve the same function as originals. They were given the option of being able to refuse a job as sometimes there are extenuating circumstances which would prevent them from completing the job to the City's satisfaction. Mrs. Pauly stated she would like to see an affidavit from Suburban as to who else they are doing business with, if IL they halre an interest in any real estate or personal property in Eden Prairie in ordor to avoid a possible conflect of interest. Penzel moved to approve the agreementpending clarification of Paragraph C-1 on Pg. 4 and request an affidavit from Suburban re conflict of interest as stated by Mrs. Pauly. Meyers seconded. Motion carried unanimously. V. N&I BUSINESS: Penzel moved to schedule a special meeting at 7 PM on Thursday, January 16, 1975 for City Manager consideration. Mayers seconded. Motion carried unanimously. Meeting adjourned at 1: 27 ALMS to be continued at 700 PM, on January 16, 1975, at City Hall. t