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City Council - 01/28/1975 NI14UT.�S EDEN PRAIRIE CITY COUNCIL UESDAY, JANUARY 2$9 1975 7:30 PM, CITY HALL COUNCIL ME21BERS : Mayor D. W. Osterholt , Joan Meyers , William Bye , Volfgang Penzel, and Sidney Pauly Absent COUNCIL STAFF PRESENT: Acting City Manager John D. Frane? City Attorney Harlan Perbix; Planner Dick Putnam; Director of Community Services Marty Jessen; and Engineer Carl Jullie 3, INVOCATION — Given by City Attorney Harlan Perbix. < PLEDGE OF ALLEGIANCE ROLL CALL I . MINUTES : Min r A . Minutes of Regular Council Meeting held Tuesday, Janua y 11+9 1975 . B. Minutes of Regular Council Meeting continued- until Thursday, _January . Mayor Osterholt suggested deferring until February k, 1975 R Council Meeting. II. DISCUSSION OF COt24UNITY DEVELOPMENT ACT Mr. Putnam explained the reasons for recommending Eden Prairie sign a Joint Powers Agreement with Hennepin County to enable the County to apply for available funds from HUD. Eden Prairie would receive 18,000 to 20,000 dollars . The County charges a 5% admin— istrative fee for the first year and may increase this over a three year period not to exceed 10% . Agreement will continue in effect until notice is given to terminate the agreement six months in advance . Mr. Putnam responded to questions by members of the Council regard— ing how the money will be distributed, the administrative charges, whether Eden Prairie could apply by themselves, etc. He said the money will be distributed pro rats according to 1970 census with proverty—level families counting double. The administrative costs are for staff, attorney, etc, necessary to prepare applications. Eden Prairie cannot apply on her own as it does not have the 50,000 population required to qualify. Mr. Putnam suggested Council Members talk to their elected Congressional representatives about being excluded by population requirement. Also, stated for appli- cations not receiving HUD approval, the money will be put into County fund to be allocated back to the communities. Meyers moved to approve the signing of a Joint Powers Agreement between City of Eden Prairie and Hennepin County for the purpose of applying for Block Grant funds. Penzel seconded. Motion carried unanimously. Minutes -2- January 28 , 1975 III. PUBLIC HEARINGS : A. Village Woods 2nd Additions by Zachman Homes, Inc. request- ing rezcning from. hural in PUD 73-02 to RM 6. 5 for construc- tion of 42 s.f. homes on lots averaging 9000 sq. ft . Located south of Scenic Heights Road and west of Mitchell Road. Mr. Dennis Griswald of Houston Engineering explained planned addition, the pathways, number of units , etc. Mr. Putnam said the Park and Rec. Commission and Planning/Zoning Commis- sion have approved this rezoning request . Mrs. Meyers asked about widening the 6' pathways at entrance and .exit of underpass. Mr. Griswald said they will be flared out cn each side of underpass . Mr. Zachman responded to Mr. Penzel•s inquiry concerning bonding to cover the underpass and stated it would be funded and part of the agreement. Mr. Penzel said he did not like to see- driveways on major collective roads and Mr. Putnam explained the projected traffic did not warrant other methods of access. Mr. Bye stated his concern over cutting down one of the hills by 15 feet merely because it was allowed in another develop- ment and appears to have set a precedent . He stated he does not approve of the first decision being used to justify this type of action. Mayor Osterholt asked if Zachman Homes was satisfied with the requirements set forth by the Watershed District. Mr. Putnam said they must meet standards. Mr. Perbix stated he will receive some information this week to help him in developing standard form of acquisition for public pathways, uniform sizes, surfaces$ etc. Meyers moved to adopt Resolution No . 940 approving prelimin- ary plat on Phase 2 of Village Woods Neighborhood 1 concept as townhouse to zero lot line homes and adopt recommendations of staff report dated 12/4/74 and Planning/Zoning Commission and close .public hearing. Penzel seconded. Motion carried unanimously. Penzel moved to approve first reading of Ordinance Nc. 283 granting rezoning from Rural in PUD 73-02 to Rho 6.5. Meyers seconded. Motion carried unanimously. B. Red Rock Hills PUD by John Houston requesting rezoning from Rural to - j . and preliminary plat approval for about 80 s. f. lots. Resolution No. 941 and Ordinance No. 284. Minutes —3— January 2$, 1975 III* PUBLIC HEARIWGS: (Cont ' d. ) B. Mr. Griswald responded to Council Members questions concern— ing property lines, bonding for pathway system, traffic along Red Rock Road, future development plans , Watershed District requirements , if Flood Plain Ordinance applied, etc. Mr. Putnam explained traffic will be funneled along Red Rock Road until a connecticn is made to Either Scenic Heights Road or Village Woods Road. No additional homes will be built other than those now proposed until the road connec— tion is made . �;m Mr. Eugene Martinson stated his concern over the increased traffic along Red Rock Road. Mr. Putnam said there will be more traffic as the thirty homes are built , ' but it will not be excessive. The developer will do some seeding as grading is done to keep the dust down. p Mr. Houston responded to Mr. Bye's questions concerning Homeowners Association .facilities and maintenance of same.. Mr. Putnam said Mr. Houston moved outlots next to street so homeowners would have no maintenance problems. Mr. Penzel asked about Park and Rec. Commission's suggestions for neighborhood facilities . Mr. Jessen stated the outlots would take care of this and Park and Rec. Commission is plan— ning a couple; of play fields along Mitchell Road geared to serve n half—mile radius. Mayor Osterholt suggested the Watershed District's recommen— dations be set up ncw. Mr. Zachman stated Mr. Houston should take care of pathway extension to connect developments. Mrs. Pat Pidcock voiced her opposition to the increased traffic along Red Rock Road and thought Oak Road would be more logical. Mr. Putnam explained Oak Road runs up a hill when the road connection is made , traffic will be lighter on Red Rock Road. Mr. Ponzel moved that Public Hearing be continued until February 25, 1975 mooting and the rezoning request be refer— red back to Park/Rec. Commission and Planning/Zoning Commis— sion for a trailway system from Rod Rock Road to major trail along east proporty line and to provide for unorganized field. game space . Meyers seconded. Motion carried unanimously. - Minutes -4- January 2$, 1975 IV. ORn_INANCRS AND RN SOLUTIOIDIS : A. Second TLcadin,pl, of Floodplain Ordinance No. 276 Mr. Pcnzel asked for Mr. Pcrbix' s comments concerning the approval of Ordinanc;: Vo. 276. 11r. Porbix said only question at this time was that of 100' or 50' required distance from waterchannel and stated he could have a review ready in two weeks. Penzol moved to continue matter until February 11, 1975 meeting, Bye seconded. Motion carried unanimously. V. PETITIONS , RIJ^UESTS u COT-IMUNICATIONS : A . Request from John S . Crouch on behalf of the Dietrich Co . to P0 s-S-1-b yy revise Suba. 8. 2 oT tHe Eden Prairie oning Ordinance so as to permit a use of office-warehouse building by office tenants. ? Mr. Crouch explained their interpretation of .the Ordinance. Mr. Dietrich stated he built the building a couple of years ago and it did *neet regt:ircments . Also , cannot continue to • operate building with only 500 occupancy. Mr. Gislespie of Eden Vale stated his opposition to a ware- house/office building being leased to tenants who do not also rent warehouse space , Mr. Wayne Sanders explained the difference between office buildings and warehouse/office buildings was an elevator. Meyers moved to instruct staff and City Attorney to make recommendations to be presented to Planning/7..onin g Commission and then report back to Council at march 4, 1975 meeting. Penzel seconded. Council Members Pcnzel, Meyers and Osterholt voted approval, Bye voted against motion. Motion carried. VI. REPORTS OF OFFICERS , BOARDS AND COD71ISSIONS: A . Hikcwa v,�Bikeviav Tnsk Force Roport , presentation by Al Upton, Z' airman of 1 as:: once . Mr. Al Upton stated ho pr rented the report to both the Park/Rec. Commission and Planning/Zoning Commission and it received their approval. He explained the Task Force ' s reasons for recommending asphalt surfaces for the trails . Mr. Gillespie of Eden Vale stated they preferred limestono to asphalt because it was about half th.a cost and soma: med- ical experts say it is better for jogging and cross country skiing. Mr. Upton recommended asphalt because of low maintenance required, durability and suitability for all-around use. Minutes -5- January 2$, 1975 j VI. REPORTS OF OFFICERS , BOARDS AND C01214ISS IONS : (Cont * d. ) A . Mr. Putnam supported the Task Force ' s recommendation for asphalt trails. Penzel moved to adopt Hiko.vay/Bikeway Task Force Rcport , and direct staff to study the feasibility of implementing the highest priorities of the plan including recommendations for funding their development and develop funding and assessment Policies for major system improvements such as , but not limit- ed tog underpass/overpasses and to initin to MCA backbone .system for report to Council, Planning/Zoning Commission and Park/Roc. Commission. Bye seconded. Motion carried unani- mously-. 3. R snort of 1. AAnpo?_zt--._nt of •r-. ?,r,.:^.:ntntive to the South Hennepin Human So rvi cE s Council. Penzel moved to reappoint Dr. George fiangen ; S5fe seconded. Motion carried unanimously. 2'. Appointment of Health Officer for the City of Eden Prairie . Penzel moved to reappoint; Dr.Ba.fenkainp, Meyers seconded. Motion carried unanimously. 3 . Remove Anthony (Tony) Hirt from Board of Appeals and Adjustments , and appoint him to Building Code Board of Appen is. Bye moved to appoint Anthony Hirt to Building Code Board of Appeals, and remove him from the Board of Appeals and Adjustments , Penzel seconded. Motion carried unanimously. 4. Appointment of a member to the WAFTA (Western Area Fire Training Association) . John Franc recommended appointing Jack Hacking. No action. C. Report of Director of Community Services : 1. Consideration of "Modl" Agreement between City and School District. Mr. Jessen explained the agreement to Council and responded to questions by Council Members. Penzel moved to dela action until now CityManager's • tenure and refer to h him at that time . Bye seconded* Motion carried unanimously. Minutes -6- January 2$, 1975 VI. REPORTS OF OFFICERS,_ BOARDS AND C01m,4ISSIONS: (Cont' d.) C. 2. Lower Minnesota River Open Space Plan: Mr. Jessen explained to Council and responded to the questions of the various Council Members . Penzel moved to continue until February 25 , 1975 meeting and instruct staff to notify affected property owners a (using Recommendation #9) and requesting their written P comments or presence at meeting. Bye seconded. Motion carried unanimously. 3 . Homeowner's Association: Mr. Jessen rcqu;astcd a set of standards be established to enable the staff to handle the nany various problems. Mayor Osterholt suggested a commission be appointed tc, deal with this task. Mrs. Meyers suggested a task force with varied represent- ation such as developers, homeowners , City Attorney, etc. Mr. Perbix suggested obtaining information concerning homeowners associations from other states as they are relativey new in Minnesota. Penzel moved staff report back with additional information by February 49 1975 meeting, Bye seconded. Motion carried unanimously. D. Report of City Attorney: 1. Discussion of letter re Miller Springs from Stat4 epartmen-t n (:zZ"y s =151' Litz. Mr. Perbix stated the state 's recommendation is that the spring should be closed. Suggested the spring be posted and not made easily accessible . Will give his recommendation later regarding City' s liability. Penzel moved to continue until February 4, 1975 meeting, Meyers seconded. Motion carried unanimously. E. Report of City Engineer: 1. Discussion of bufforing requirements and Developer' s re ucst for accc. tancc for building permits in RLS No.664, ocatea east of Co. Rd. 4 between ui-tz Lane an ric Terrace Driv, Mr. Pluffka, representing Northwestern Bank — executors of Schultz estate , presentod this request and gave the history of the difficulties encountered with other property- owners in the area and stated, to date , no agreement has been reached. . Minutes --?- January 289 1975 'IrT REPORTS OF OFFICERS, BOARDS AND COINISSIONS : (Cont' d. ) E. 1. Mr. Cohen, representing the Wolners , and Mr. Korsh, representing the Burkos , stated they are not satisfied with the proposal of persons handling the Schultz estate . The Simunak also stated their opposition to the proposal Mr. Paul Haim, representing the executors said the lots have boen carried tax free by Hennepin County and Eden Prairie since 1957 and were designed to be a roadway. Mr. Perbix stated they must have been planned to be roadways as RLS is planned this way. E r` Mr. Perbix told the parties involved they should review their positions in order to arrive at an agreement equit- able to both factions. Stated Council will mako a deci- sion based on legal and Engineering recommendations if they cannot. Mr. Burke said he would be willing to sit down and negotiate . Mr. Pluffka asked the Council Members to attend a meet- ing of t e partics involved. Mr. Bye cautioned Coundil Members against getting invol- ved in negotiations which arc a part of a legal happen- ing. Ho further stated they would like to help, but Council cannot take a position on a matter between private citizens. Meyers moved to continue request until April $, 1975 meeting Land instruct property owners to try to reach an agreement, P(:nzel seconded, Motion carried unanimously. E. 2. Receive report from Black and Veatch, Inc. concerning the water pressure in St. ohn s deve opmcnt. Mr. Jullic stated the water pressure is below standards at this timo , however, tho flow increased sustanti- ally just by changing the type of plumbing fixtures. Mr. Johnson stated a pumping station placed in his home on a trial basis did increase tho flow substantially. Council Members discussed solutions and whether other residents in Eden Prairie were experiencing similar problems. Mr. Jullie suggested giving Council Members a copy of the Black & Vaztch Rcport and, soliciting some imput from homeowners and then present the matter to Council. Rye moved to continua meeting until February A # 1975 I meeting, Penzcl seconded. Motion carried unanimously. Minutes -$- January 2*8, 1975 REPORTS OF OFFICERS, BOARDS, AND COW4ISSIONS: (Cont' d. ) E. 3 . Re- latt:i.np- of Outlot A and Blks . 1, 29, 3 , 49, & 5 of o t u Lake; Lrie:n South Addition. Mr. Dietrich stated he accidentally came across the fact the lots as originally platted would not be on solid ground. Meyers moved to adopt Resolution No, 942, Bye seconded. Motion carried unanimously. E. 4. Charm, Ordor No. l for Northe._^.st Area Trunk Watermain Imp ov�racnt�or�Lr"ct •-26 G . L. 'ontracting, Inc . Mr. Julli.e explained an error was made in the bid request eliminating some necessary pipe and did not affect the award of the bid. Bye moved to approve Change Order No. for Northeast Area Trunk Watermain Improvement Contract No. 51-263 . Penzel seconded. A roll call vote -was taken and motion carried unanimously. . E. 5. Final Payment to G. L. Contracting, Inc . for I.C . 51-261 , sanitary sc: .rc;r and watermair_ imorovoments along W. th re ct from 1 . . o to ciast city liini_ ts . Penzel moved to approve final panymcnt to G. L. Contract- ing, Inc. in the amount of $285 , 180.64 including all prev- ious pa ymc�nts for I .C. 51-261 subject to a one-year warranty of all material and workmanship commencing January 28, 1975 , Bye: seconded. A Roll call vote was taken and motion carried unanimously. E. 6. Receivo feasibility report for upgrading on Scenic Heights oad 1 rom 1'v1it Ho.^..d to County 1W, 4, Project STH 'IL;.- Mr. Jullic explained pro j,:ct to Council and method of assessing costs. Meyers moved staff work up somo recommendations on policy of storm sewer assessment and report back to Council on March 4, 1975. Penzel seconded. Motion carried unanimously. E. 7. Receive fcnsibilitV report for road and utility constru- tion on East-'Just, NarF7—aV From Mi.thceI Road to (, cstnut oa ,i Proocts '11' tH .-3- 2 , 8134 -3= �J1 - and San 74-1-i Meyers moved staff work up some recommendations on policy of assessment and report back to Council on Marsh 4, 1975, Penzol seconded. Motion carried unanimously. Minutes, -9- January 2$, 1975 1. REPORTS OF OFFICERS, BOARDS , AND COMMISSIONS: (Cont Id.) F. Report of Acting City Manager: 1. Employee Com ensation for Fiscal 1975 . Resolution No. 945 . Meyers moved to adopt Resolution No. 945 and give the City Assessor, Community Services Director, City Engineer, and City Planncr a monthly car allowance of $100; the Director of Public Safety be reimbursed at 150 a mile with unlimited mileage and a car to be provided as funds are av^il^blc ; and reimburse all other City employees for miles travelled on City business at a rate of 150 a mile the first 100 miles and 120 a mile thereafter. Penzel seconded. Motion carried unanimously. F. 2. 1975 Contract for Animal Patrol Service. Mr. Franc stated thoy were pleased with the service« Penzel asked how many calls were received, how much were they paid last year, and how much was roceived in fines levied. Mr. Franc will supply this information. Meyers suggested increasing dog license fee to defray cost of patrol service Penzel moved to approve contract , Meyers seconded. Roll Call Voto taken and motion carried unanimously. G. Report of Finance: Director: 1. Clerk's License List . Penzel moved to approve list, Meycrs seconded. Motion carried unanimously. 2 . Payment of Claims Nos. 5800-5938. Penzel moved to approve payment of claims Nos. 5$00•- 5938, Meyers seconded. Roll Call Vote taken and motion carried unanimously. VII. NEW BUSINESS: Meyers — Board of Review meeting set for June 5 , 1975. Meyers — Request information on iigwy. 5 safety improvements be placed on agenda by City Engineer. VIII. ADJOURNMENT: Penzel moved to adjourn at 1: 20 am, Meyers seconded. Motion carried unanimously.