City Council - 02/11/1975 E
MINUTE
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 119 1975 7:30 PIr, CITY HALL
COUNCIL MEt1BERS: Mayor D. Vi . Osterholt , William Bye ,
Joan Meyers, Sidney Pauly, and
Wolfgang Penzel
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
INVOCATICN - Dr. Gary Peterson, Immanuel Lutheran Church of Eden Prairie .
PLEDGE OF ALLEGIANCE
ROLL CALL
I. MINUTE
A . Minutes of Reeul_ar Meetina Held January 28, 1975
B. Minutes of Regular NeetinE Held February 4, 1975
Deferred until February 25, 1975 .
II. BID A:+ARDS
A. Consider bids received on Friday February 7p 1975 on
I.C. 51-2b9, uu .sic works projects for the Lochanourn
itionLotus iei,,: Drive area and on Center Drzvedb
Resolution No . 950 .
The City Engineer stated the City received 1$ bids with
Northdale Construction submitting the low bid of $4089019.40.
Bids were 1V-2011a lower than previous estimates. Cost per
lot is as follows: Developed Lot --$4040, Developed Lot with-
out Curb and Gutter - $35209 and Undeveloped lots - $4520.
A discussion followed regarding savings to be realized if
water was not run along 101 and placed along sewer line .
Mr. Irvine stated his objection to placement of sewer line
and assessment for water lateral. .
Mr. Albrecht asked what effect the storm sewer had on total
project cost and the Engineer stated $6000.
Mr. Irvine auestioned his property being assessed while some
other property was not and the Engineer explained the method
t of assessment.
Hlinutes -2- February 119 1975
II. BID Ar:ARDS: ( Cont' d. )
A . Consider Bids. . .
Mr. Robert Nielsen asked what difference there was in the
thickness of the concrete when curb and gutter was included
and how long this would extend road life. Mr. Husby said
1/2 inch thicker but could not estimate extended life of road.
Meyers moved to adopt Resolution No . 950 accepting low bid
of Northdale Construction Company, Inc. in the amount of
$408,019.LO for I .C . 51-2699 Projects SAN 73-7-21,SAH 73-2-21,
UTR 73--8-21, %a:TR 73-2-219 1,1IS 74-9-149 Sanitary Sewer, ::ester-
main and Street Improvements, Bye seconded. Motion carried
unanimously.
Pauly moved that Council consider the proposed watermain
along Hgwy. 101 be assessed as a trunk oroject, Penzel
seconded . Bye , Osterholt, Pauly and Penzel voted "Aye",
14eyers voted "Nay" . 1,:otion carried.
F
III. PUBLIC HEARINGS:
A. Cedar Forest 2nd Additionp by Josevh Semrad reauestin€
rezoning from aural to - for singe fandly lots,
preliminary plat approval, and recommended Landhold Agree-
ment. The site is located east of Cedar Forest. 1st Add-
ition and north of Riley Creek. Resolution No. 949•
City Planner Putnam presented to Council and explained
reason for moving road and the need for a variance on
required size for eight lots and Landhold Agreement.
Meyers questioned grading, drainage , degree of slopes, etc. ,
Engineer Jullie explained.
Council Members questioned City Planner regarding access
to outlot, possibility of walkway, playfields, number of
lots, and maintenance of outlot; and he responded.
Mr. Bye stated Mr. Semrad saved the trees and built on
natural land prior to any rules or regulations requiring
him to do so and his consideration -for the land should be
noted.
Mayor Osterholt suggested the Semrads see an attorney before
signing any agreements to avoid problems such as those en-
countered with Mr. Dorenkemper and stated he did not want
them to feel their rights had been violated. Mrs. Semrad
replied they understood the Landhold Ag-reement and had talked
to 2a:r. Putnam and felt they did not need an attorney.
A discussion followed with Council Iembers discussingthe
comparison between Mr. Dorenkemper' s request, which was
denied, and Mr. Semrad's request .
ey
17
Minutes —3— February 11, 1975
III. PUBLIC HEARINGS: (Cont'd. ) '
A . Cedar Forest 2nd Addition. . .
Pauly moved to adopt Resolution No. 949Rapproving the
preliminary plat of Cedar Forest 2nd Addition as produced
by Coulter & Assoc. dated February k, 1975 incorporating
the recommendations of the Planning and Zoning Commission
and Staff Report dated January 9, 1975 recommending Alter—
native No. 3 ; and acceptance of dedication of Outlot A in
lieu of monetary consideration; Cedar Drive not to have
• inclines steeper than 71�a; access to Cutlot A ; and Fir. Semrad
to provide acceptable interim use playground approved by
staff for use of Cedar Forest Residents. Penzel seconded.
Bye, Pauly and Penzel voted "Aye"j Meyers and Osterholt
voted "Nay" . Motion carried.
Meyers moved' that Ordinance No. 285 be denied as not
consistent with current City policy of no development
in rural unsewered areas on less than 5 acres. Pauly
seconded.
Bye, Pauly and Penzel voted "Nay" , and Meyers and Osterholt
voted "Aye". Notion defeated.
Penzel moved to approve first reading of Ordinance No. 285.
Pauly seconded.
Bye, Pauly, and Penzel voted "Aye" and Meyers and Osterholt
voted "Nay" .
Penzel moved to reconsider previous action on Resolution
No. 94% Meyers seconded. Motion carried.
Penzel moved to reconsider adoption of Resolution No. 949A
on grounds rezoning motion did not have enough votes to
carry, Meyers seconded. Bye , ?Meyers, Osterholt, Pauly,
and Penzel voted "Nay". Motion defeated.
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Minutes February' ll, 1975
III. PUBLIC HEA RI143 : (Cont' d. )
B. 4 5 Mini-Sector Study. land use and transportation study
or a6out`550 acres surrounding the County Road 4/T.H. 5
intersection.
Bye moved to continue the 4/5 Mini-Sector Study present-
ation until February 25 , 1975 meeting, Penzel seconded.
Motion carried unanimously.
C. Family Care and Groun Care Homes
Fenzel moved to refer to City Attorney to draft Ordinance
in final form for presentation to Council, Bye seconded.
Motion carried unanimously.
IV. ORDINANCES & RESOLUTIONS :
A. 2nd Reading of Floodnlain Ordinance No . 276.
Penzel moved to approve 2nd Reading of Ordinance No. 276, {A
Meyers seconded. Motion carried unanimously.
B. 1st Reading of Ordinance No . 281, an Ordinance controlling
rugs, barbituraLes, codeine and inhalations of dangerous
substances.
Mr. Frane introduced Mr. Bridger, Detective with EP Public
Safety to answer any questions the Council Members might
have concerning the Ordinance.
A discussion followed regarding a number of changes in
the wording of the Ordinance which had been brought up
at meeting February 4, 1975 . The City Attorney said the
changes had been made .
Mr. Bridger explained that juveniles would be handled
through the Hennepin County Juvenile Courts snd adults
would be handled locally. There is a $300 fine for
violation of this Ordinance .
Penzel moved to approve 1st reading of Ordinance No. 281 as
presented, Pauly seconded. Motion carried unanimously.
C« 1st Reading of Ordinance No. 286, Rezoning Area F of
e Preserve CommerciaI Plan to PUD 74-12F.
A discussion followed the presentation of the Ordinance
with Council Members attempting to clarify what this type
of PUD would accomplish.
( Penzel moved to continue matter until February 25 , 1975
( and have City Attorney present Council with Developer' s
1, signed agreement, ?sayers seconded. Motion carried
unanimously.
i
c.
Minutes --5- February 11, 1975
V. REPORTS OF OFFICE?S, BOARDS & C01S'ISSI01,1,S :
A. Report of City Sngineer.
1. Final ulat approval of ?dill Creek 3rd Addition as
re-platting of Block 2 ,, !-�1111 Greek -2nd TUTT`E"Ton.
esoluticn No. 94E4.
Penzel moved to adopt Resolution No . 94ft Pauly seconded. a
Motion carried unanimously. R
E
2. Participation in Minn. Hirhwav Dent . Traffic Control
evice inventory Fro ject.
City Engineer Jullie presented to Council and answered
their questions regarding; whether this project covered
traffic signals, street name signs , City' s share of
cost,. redesign and improvements, etc.
Meyers moved to direct staff to make application for
participation in the Y;HD Traffic Control Device Inventory
project and approve contract for consulting services with
Jack Anderson Assoc. per the City Engineer' s memo of
February 5 , 1975 , Penzel seconded. Iriotion carried
unanimously.
3 . Change Crder No. 1 for Northeast Area Trunk Sanitary
service - Improvement Uontract 1vo. 51- c Baroorossa
. Sons, Inc .
Mr. Jullie explained the firm has encountered bad soil
conditions which could not be predicted by the soil
borings, and that the bid was not a "fixed price bid"
and quantity of pipe used was not included in bid.
Penzel moved to approve Change Order No. 1 for I.C. 51-
264 in the amount of $62,920.00, amending thereby the p
total contract amount to $1079,106. 50, Meyers seconded.
Roll Call Vote taken and motion carried unanimously.
B. Report of Planning Director.
1. Discussion of Conmiunity Development Act.
• Mr. Putnam uresented to Council and stated Eden Prairie' s
share should amount to approximately $209000 and requested
the rlayor sign a letter to the I�etro Council for extension.
of the deadline for applications to March 13 , 1975•
Penzel moved to authorize the Idayor to sign letter to
Metro Council requesting; extension of deadline for appli-
cations to March 13 , 1975, I1eyers seconded. Motion
carried unanimously.
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I'Unutes +6- February 11.9 1975
V. REPORTS OF OFFICES , BOA RDS & COIF;`"ISS IOI:S : ( Cont• d. )
B. Discussion of Community DeyeloDment Act Cont' d.
Council I•1embers discussed a number of projects to submit
and will give theca to Mr. Putnam soon for consideration
so several ideas can be presented to Council for action.
C. Retiort of Com-runity Services Director.
1. Discussion of Homeownners Associations .
Penzel moved to continue discussion of Homeowners
Associations until March 119 1975 meeting, Bye seconded.
Motion carried unanimously.
2. Revised • 75 'CON Grant for Starins Lake Park...
a
Mr. Jessen presented to Council and they discussed which
parcels had been appraised, etc.
Penzel moved to authorize appraisals on Parcels 6 and 14
for the purpose of including them in the 1975 program,
Meyers seconded. I•iotion carried unanimously.
D. Report of A ctinz City i•Tanarer.
1. Discussion of Tax Increment Financint.
Council Members discussed and Mr. Frane answered their
questions.
Penzel moved to receive and file , Pauly seconded. ?lotion
carried unanimously.
2. Policy on Content of Minutes.
Council Members discussed length of minutes and corrections.
A decision was reached to prepare a rough draft for the
Council Members and they will call in their corrections
to the Deputy Clerk. The corrected tlinutes will then
be presented for approval at folloiring Council Meeting. --•
E. Report of Finance Director.
1. Payment of Claims Nos. 5939--6065.
Meyers moved to approve Claims Nos. 5939-6065 for payment,
Penzel seconded. Roll Call Vote taken and motion carried
unanimously.
f4inutes --7- February 11,..,,1975
VI. Nod BUSII ESQ :
4rA. Mr. Jullie presented six projects he thinks should be
submitted to The Transporation Advisor-/ Board of the
Metropolitan Council under the 1973 Highway Act providing
Federal Aid for Urban Projects. Application must be in a
by February 28, 19759 so would like matter to appear on
February 25, 1975 Agenda.
B. Mr. Frane asked if Council Members objected to Air. Jessen
going out to contact property oi:-ners regarding property that
maybe purchased by City and School Board.
C. City-:ride Advisory Committee Meeting scheduled for
February 24, 1975.
D. Meyers requested that staff not reduce printing on various
kinds of reports as too difficult to read.
E. Mayor 4sterholt - place matter of bringing assessments
up to current market value on agenda.
F. riayor Csterholt - place matter of toll bridge on County
Road 18 on agenda.
G. Meyers - matter of Fiscal Disparities Law be placed on Agenda.
VII. ADJOUP.NM MIT:
Penzel moved to adjourn, Bye seconded. Motion carried unanimously.
Meeting adjourned at 11: 58 PA:.
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