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City Council - 01/16/1975 MINUTES CORRECTED EDEN PRi.IRIE CITY COUNCIL THURSDAY, J.tNU ARY 16, 1975 7:30 PM, CITY HALL Gontd. from Jan. 14, 1975) COUNCIL M.EII:BERS : Mayor D. W. Osterholt , Joan Meyers , Willies n Bye , Wolfgang Penzel, and Sidney Pauly. COUNCIL STIFF PRESENT: Acting City Manager John D. Franc ; Planner Dick Putnam; and City Engineer Carl Jullie I. MINUTES OF REGULAR RIEI TING HELD JANU.LRY 7, 1975 Prior to Invocation , insert "City httorney Harlan Perbix administered the oath of office to recently elected Council Members Joan 1.1cyers and William Byo". Pg. 1, II .A . , strike second sentence , insert "Mayor Osterholt stated meetings will be held on the first , second, and -fourth Tuesdaysof the month and suggested reserving onc; mc( ting for public hearings , if possible . " Pg. i, II.B. , Correct "Peterson" to "Pederson" . Pg• 5, Para. 3 , strike entire paragraph and insert "Bye suggest— s ed the: Council receive more: imput as to how they arrived at the recommended amounts. Paul moved to Y approve minutes as published and corr..cted, Penzel seconded. Motion carried unanimously. F III. PETITIONS, REQUESTS AND COI�UfUt1ICATIONS : A . Request by Phoenix Petroleum to appeal the Board of Appeals and J1d iustricntr ruling regarding the denial of a species use pe rm;mi t . Penzcl moved to rofer to Board of Appc,als and Adjustments for more finding of fact. Meyers seconded. Motion curried unnimously. B. Request to ask City of Eden Prairie to reaffirm its strong support i'- 1-7. indslopo ero cc ct . Pauly moved to direct staff' to submit report on Briar Hill project regarding the problems due to possible lack of ful— fillmcnt of man%gcmcnt objectives and possible loss of amenities , Penzcl seconded. Motion carried unanimously. C. Request from Suburban Hcnnc.pin County Area Vocational Tech— nical �c oo , Joint 1ndcp..ndcnt 5 chool District ,, ;� /, to install trt'll'ic wzrnihp. signs on Hgwy. #lb9 Lntrancc . Mr. Frane stated the school wanted yellow flashing lights at both the north and south intersections of 169 and the School District would be willing to help fund the project . Minutes -2- January 16, 1975 IlI . PETITIO'V S, REQUI.,,TS AND COMMUNIC.i rIONS . (Cont d.) Penzcl moved to approve warning lights as requested and indi- cate to the School Board there wero no available funds to support the project, Meyers seconded. Motion carried' unanimousl; 5 z D. Request_ from John S . Crouch on behalf of the Dietrich Company to possibly r::visE� Subci.vision 6. 2 of t. e: Ed..n rairic oning OF in-inc,:; so a,; to per:ait a use of off'icc-cr4 rc -douse but dings �of'i`ice t::•r:ants . A Moyers moved to continue to January 28, 1975 Council Meeting, Penzel seconded. 14otion curried unanimously. E. Request from George M. Hansen Company to progress bill the City Tor their wor!:. Mr. Frane explained the request and reco . . ended approval. Penzel moved to approve the request , Meyers seconded.- Motion carried unanimously. IV. REPORTS OF OFFICERS , BOARDS AND C01DOUSSIONS: A. Report of City Engineer 2. RoGistcrcd Land Survov approval for Lot 3 of The Preserve 'enter �.ddition 1.ocat;od soutn o ` earic:•ruy at onEZ r ay in T Prc z;c;rvc . Mr. Pcnzal asked Mr. Jullie if they had a response from the Homeowners Association. Mr. Jullie replied they had not. Mr. Lee Johnson of The Preservo explained that the Home- owners Association was part of The Preserve . Mrs . Meyers asked about direct access from Tracks A , B & C. Mr. Jullic said access was available.. Mr. Penzel stated records should show access will be mado to streets and that parking facilities will be made available by the Preserve. Penzel moved to approve the request, Meyers seconded. Motion carried unanimously. 4. Consider Change Order No. 1 for the Scenic Hoi hts Sub- division str,7t imurovc;mc:nt contract No . 51-2o7wltft Bituminous Hoadwax-.9 J Inc , Mr. Jullia explained sonic additional storm sewer was needed and would raisQ the cost of the project about $15 per unit. Mayor Osterholt stated the developer sheu?d pick up tho cost Penzol moved to approve Change Order No. 1. for Scenic Height: subdivision street improvement and instruct staff to make sure the cost will be assessed to bcnefitted property owners. Pauly seconded. Motion carried unanimously: • • dry." • p t Minutes -3- January 16, 1975 IV. REPORTS OF OFFICERS9 BOARDS AND COMMISSI0NSs (Cont'd. ) 5. Consider Chnngo Order No . 2 for the Ring-Road Project , -_0 9 t' ,-isi: I , r rovemcnt Contract No . ' 2ou w t ry1n amppa Construction Co . Mr. Jullic c:xplainied the need for this Change Order. Meyers moved to -approve Change Order #2, Penzel seconded. Motion carried unanimously. 6. Annual approval of Technical and EnfIrineering Assistance ii .,rccmcnt with the lviinnesota Tllgnwad Opt* Resolution N 0 .936• Mr. Jullie c;xplainod they do soil testing, traffic studies,etc Penzel moved to approve Resolution No. 9369 Bye seconded. Motion carried unanimously. 7. Annual Approval of Dlinncsota Do artment of Hi hwa s Agcnc oZ ntract . xeso-Lution No . 1971. Meyers questioned specific language in agreement and Mr. Jull! explained that thy; City can stipulate more exact terms and it r is a. general agreement rather than agreement for an individuate project. Bye moved to approve Resolution No . 9379 Penzel seconded. Motion carried unanimously. B. Report of City Planning Director 1. Discussion of TWIG 1 D�volopment Ordinance . Mr. Putnam explained there are five different ways to pursue this and just wanted to hear the Council' s opinion as how to proceed to dovclop the: Ordinanco . Council Members aiscusse Penzel novcd to rcfcr to City Attorney and CityPlanning Direc- tor for submission of a skeleton outline and report back to the Council on February 49 1975 , Meyers seconded. Motion carried unanimously. 2. Discussion of Metropolitan Council' s review of the MCA . Mr. Putnam stated the Mctropolitan Council approved the project and will be sending a letter to the City shortly. Meyers asked about their comments concerning the transit system being weak. Mr. Putnan stated most of their concerns were omitted when it went to the Met . Council. No action. { C. Report of City Attorney 1. Authorization to condemn certain Rroporties at Anderson Lakes For park pur2oscs. Mr. Frane stated Mr. Jesson has tried a number of times to - Minutes -4- January 16, 1975 TV. REPORTS OF OFFICERS , BO:,PDS AND C01 u1ISSIOI:S : (Cont' d. ) negotiate for this proerty, however, Mr. Nowma n who is represent- ing both parties will not talk to anyone until he knows who is going to be on the; board of commissioners. Penzel moved to refer to City Attorney for his opinion as to whether a letter to Messrs. Nagengast and Kopesky stating if the City dogs not hoar from them in two weeks , will start condemnation proceedings for their land; and if a letter is appropriate , in- struct staff to prcparo and send letters to Messrs. Nagongast and Kopesky. Moyers seconded. 14otion carried unanimously. Moyers suggested the staff find cut how long the City can retain E the funds rccei.ved for acquiring this property. Bye moved to direct the Acting City Manager to see if there is an organization that the City can consult where a problem of this type has boon encountored by another community, Meyers seconded. Motion carried unanimously. SUGGESTED AGENDA ADDITI01-IS: 1. Resignation of Wayne Broim from Planning Commission. Mcyers moved to accept the resignation of Wayne .Brown and direct 4Lstaff to send letters of appreciation to Messrs. Brown, Lane and Mrs . Fallon. Penzel seconded. Motion carried unanimously. Meyers moved to appoint someone to vacancy on Planning Commission. Penzel seconded. Motion earriod unanimously. .Meyers nominated Mr. Richard Ferrick, and moved to close nomina- tions, Pcnzol seconded. Motion carried unanimously. Penzel moved to cast unanimous ballot to appoint Mr. Ferrick to the Planning Commission, Moyers seconded. 14otion carried unani- mously. 2. Water Quality of Eden Prairie Springs. Penzel moved to refer to City Attorney to determine City' s Ila- bility and instruct stuff to have spring independently tested on a regular basis. Meyers seconded. Motion carried unanimously. 3 . Foto Mark Discharge Permit r Mr. FranE stated the permit was for a period up to Nov. 179 at which time thoy will be able to hook up to the sewer system. Bye moved that the City write to the PCA and express astonishment at not having boon informed of this request and also ask for more detailed information; and instruct staff to notify Watershed District and` delay action of issuance of permit. Penzel seconded. Motion carried unanimously. Minutes -5- January 16, 1975 SUGGESTED JtGENDA ADDITIONS : (Cont'd. ) � 1 4. Meeting with Homa rt peop c . Mayor Osterholt asked Mr. Franc to report on results of meeting. Mr. Franc stated the Homart people: were concerned about the Ring Road ramps not being done for their scheduled opening. They may have to consider setting the opening for a later time than Fall of 1975 as they will not open shopping center until they have 75 * occupancy. Council members discussed. No action. V. NEW BUSINESS i Mr. Putnan. explained the Comm. n.ity Development Act so the Council could discuss whether Eden Prairie should enter into a Joint Powers agroQaant with Hennepin County for application for Com- munity Development funding. There were a number of pros and cons discussed. , I.-Irs. Meyers recorimended the staff be directed to _meet with the County officials to see how this would benefit Eden Prairie and report back to Council on the 28th of January. VI. ADJOURNMENT Meyers moved to adjourn, Penzel seconded. Motion carried unani- mously. Meeting adjourned at 10:10 PM.