City Council - 03/13/1975 APPROVED
MINUTES
EDEN PRAIRIE CITY COUNCIL
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THURSDAY, MARCH 13 s 1975 (Cont' d from 7:00 P149 CITY HALL
3-11-7 5)
COUNCIL MEMBERS: Mayor D. W. Osterholt, William
Bye, Joan Meyers , Sidney Pauly,
and Wolfgang Penzel
COUNCIL STAFF PRESENT: Acting City Mgr. John D. Frane ;
City Attorney Harlan Perbix;
Planner Dick Putnam; and
Engineer Carl Jullie
IV, REPORTS OF OFFICERSp BOARDS AND COMMISSIONS :
A . Report of Planning Director
1. _Discussion of PUD amendments to Ordinance No. 135.
Mr. Putnam recuested the Council to consider making
PUD' s a zone under Ordinance 135 to enable developers
to obtain financing more easily as presently a PUD is
not legally binding. Mr. Perbix explained the various
advantages to a PUb becoming a zone as things are liable
to get more complex as time goes on and Eden Prairie
has been using Ordinance 135 much more extensively
than most communities and there is some merit to putting
it into a district .
Council Members questioned City Planner and Attorney
regarding the proposed amendment and ramifications of
same:.
Penzel moved that this item be referred to City Planner
and Attorney for amplification providing for intermediate
status for zone and appropriate safeguards, Bye seconded.
Motion carried unanimously.
2. Discussion of MCA Development Ordinance.
Penzel moved to instruct staff to obtain proposals for
consultant assistance to provide staff with help for
development of Ordinance followed by three subsequent
meetings open to public scrutiny followed by Planning
and Zoning Comm.4_ssion and Council hearings before final
adoption. Pauly seconded. Motion carried unanimously.
3 . Discussion of Community Development Act Housing Assistance
Plan.
The City Planner stated he will draft copy of a statement
re Eden Prairie ' s posture toward housing in next five years
for review by the Council. No action.
Minutes -2- March 13 , 1975
IV. REPORTS OF OFFICERS , BOARDS AND COV2AISSIONS : ( Cont'd. )
Set second public hearing for Community Development
ct. '
Penzel moved to set public hearing for April 19 1975
Council meeting, Bye seconded. Motion carried
unanimously.
B. Report of City Engineer.
1. Receive feasibility report for ulDerading on Scenic
ea is Road From r�litc eRoad to County Road 4
roject LiT 4-3-1 , I .G . 51—k7U. Resolution 1vo. 943 .
The City Engineer presented to Council and explained
method of assessment and stated there were not many
units to assess for this project. He did agree with
Council member' s recommendation for a statement of
policy on assessment .
Mayor Osterholt stated he would like to see all Public
Hearings held on one night a month, possibly the first
Council Meeting of the month. Council members discussed
and recommended staff draw up. some Public Hearing pro-
cedures.
Penzel moved to adopt Resolution No. 943 and set Public
Hearing for April 8, 1975, Meyers seconded. Motion
carried unanimously.
2. Receive feasibility report for road and utilitv a
construction on E,,.gr.=U st Dar_stwav from 1itcne Road
to nestnur- rioad, Fro, ecrs Sri. -2 , ST7i 4- --13 , E
and 5 , I.C. Reso ution
o. 944.
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The City Engineer presented to Council.
Penzel moved to adopt Resolution No. 944 and set Public
Hearing for April $ , 1975 , Meyers seconded. Motion
carried unanimously.
5. Petition from "The Preserve$' for street and utilities
or Area 11P, in The Preserve Commercial Plan at FEZ—
southeast auaarant o- the Zng Road and 1 . . 1690
Penzel moved that in view of March 11, 1975 letter
from The Preserve , this matter be continued to
March 25, 1975 Council meeting, Pauly seconded.
Motion carried unanimously.
Minutes "r
-3- March lj , 1975
IV. REPORTS OF OFFICERS , BOARDS AND t4b�7ISSIONS_ (Copt d. )
C. Re ort of Director of Community Services 3w
1. Consideration of Purchase Agreement with- Dr. Ben
o enkamo for seven acres on the north s —ore`o '-
Staring LaKe.
Mr. Frane presented to Council and stated that
Dr. Bofenkamp had at one time offered to give i
this land to the City, but was unable to do so
as other owner would not agree . This property t
is included in the LAWCON Grant Application.
Meyers moved to approve entering into the agreement t
and direct Mayor and City Manager to sign contingent
upon receiving full funding for the property, Penzel x
seconded. Roll Call Vote Taken and motion carried
unanimously.
3. Consideration of Condemnation Action for certain
parcels to be accuirea at Anaerson Lakes Park.
City Attorney Perbix stated the Council should deter-
mine if the properties in question are important to
City and then decide what way to go on condemnation
proceedings.
Penzel moved to continue until March 25, 1975 Council
meeting and direct staff to provide information requested
by Mrs. Pauly concerning the ramifications of the con-
demnation proceedings and can other property be bought
in place of these parcels. Pauly seconded. Motion
. carried unanimously.
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Bye moved the Staff :*rite a letter to Mr. Newman, the
attorney representing the owners of the property, and
state the City Staff has the right to contact all property
owners in the City and if he has information to the
contrary, please put it in writing and it will be read
publicly at next Council Meeting. Penzel seconded.
Motion carried unanimously.
4. Report on Tax Delinquent Properties.
Mr. Frane suggested the properties listed in memo
dated March 6, 1975 be withheld from sale for public
open space purposes with exception of No. 2.
Meyers moved that we request Properties 1 and 3 per
memo dated March b, 1975 be withheld from sale for
public open space purposes and staff be directed to
inform Cove Area residents of availability of #2 .
Penzel seconded. Motion carried unanimously.
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Minutes -k- March 13 , 1975
IV. REPORTS OF OFFICERS , BOARDS AND COMMISSIONS: (Cont ' d. )
5. Consideration of Issues Re!,arding a Task Force to study
omeowners K ssociazions.
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Bye moved this matter to be brought to attention of new
City Manager, Penzel seconded. Motion carried unanimously.
6. Consideration of preliminary stable management program.
Penzel moved that suggestions in memo dated March 7, 1975
be referred to Park and Rec. Commission for their recommen-
dations and Liability Insurance Coverage and designation of
trails be included under "Action Items" and the Staff submit
.a report on income revenues anticipated from operation. Meyers
seconded . Motion carried unanimously.
7. Consideration of affiliate status as a Bicentennial
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Community tnroup-n Hennepin County.
Penzel moved to participate with Hennepin County as an
affiliate community, Bye seconded. Motion carried
unanimously.
D. Report of Finance Director
1. 1974 Budzet Review.
Penzel moved to receive and file, Bye seconded. Motion
carried unanimously.
2. Payment of Claim Nos. 6148-6240.
Penzel moved to approve payment of claims Nos. 6148-6240,
Meyers seconded. Roll call vote taken and motion carried
unanimously.
V. NEW BUSINESS:
A. Consideration of Council Members on Boards and Commissions .
Council members discussed and then directed staff to
arrange a meeting with representatives of the various
Boards and Commissions to meet with the Council prior
to a regularly scheduled Council meeting to . dicuss the
matter.
Minutes -5- March 13 , 1975
V. NDI BUSINESS: Cont' d.
B. Resolution No. 960, setting sale date of April 9 1975
or S5 ,600,000 UO crater anFI Sewer Bonds*
Penzel moved to adopt Resolution No. 960 setting date of
April 9, 1975 at 1:30 PM for sale of $3 ,OOO,OOO GO Water
and Sevier Bonds and set special meeting for April 9, 1975
at 5:00 PM for approval or disapproval of bids. Bye
seconded and motion passed unanimously on Roll Call Vote.
C. Bye moved that week of April 12, 1975 be designated as
Eden Prairie Booster Club Week, and the Mayor be authorized
to sign a proclamation to that effect, Penzel seconded.
Motion carried unanimously.
I2. Pauly moved, seconded by Meyers, to consider the matter
of 1975 Salaries as per Acting City Manager's memo of
March 69 1975. Motion carried.unanimously.
Pauly moved, seconded by Meyers, to add $420 per year
to the salaries of the Engineering Secretary and the Residential
Property Appraiser to correct an error made at time salaries
were received and increases approved. On Roll Call Vote:
Meyers, Bye, Pauly voted aye; Osterholt and Penzel voted
nay. Motion carried.
VI. ADJOURN14ENT:
Meeting adjourned at 12:15 AIM.
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