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City Council - 08/05/1975 ' 'APPROVED MINUTES EDE14 PRAIRIE CITY COUNCIL TUESDAY, AUGUST 59 1975 7:30 PM, CITY HALT, COUNCIL M�24BERS: Mayor D. W. Osterholt William Bye Joan Meyers Sidney Pauly 11olfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Finance Director John Frane Director of Community Services- Marty Jessen Recording Secy. - Belinda Vee INVOCATION - Given by Father G. Phillips, St. Hubert •s Catholic Church PLEDGE OF ALLEGIANCE ROLL CALL - Councilwoman Meyers, Absent I. MINUTES A. Minutes of the Joint Citv Council/Planning Commission mee' t g Fie Tuesday, July 15 , 1 . Pg. 1, Para. 49 Delete "proposals" , insert "letters" . Pg. 3 , Para. 90 Delete "is to not react" , insert "would be to keep Flying Cloud as it is". Pg. 3 , After Para. 11, insert "Mayor Osterholt stated he supported the approach to the airport expansion as expressed in the staff report and thought the community should support it." Penzel moved to approve the minutes as corrected and published, Bye seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. B. Minutes of the Regular Council Meeting held Tuesdayt July , 1975, Pg. 4, Para. 61 Insert "strongly urge the County to" prior to "support" . Pg. 7, Para, 69 Delete "Mayor Osterholt" and insert "Acting Mayor Meyers". Pg. 10, VII. G. , Correct Pauly's vote to "nay" and delete "unanimously". Penzel moved to approve the minutes as corrected and published, Bye seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 907 Minutes -2- August 5, 1975 I . MINUTES (Cont' d. ) C. Minutes of the Canvassing Board held Tuesday, July 229 1975. Insert under "II" , prior to motion, "Question I Park & Playgrounds & Trail System: � No - 914 Spoiled - 3 Total Vote Cast - 1654 Question II, Recreation Facility for Ice Arena, Foolf Other Purposes : Yes - 442 No -1210 Spoiled - 2 Total Vote Cast - 1654 Assign No. 1019 to Resolution Canvassing Returns. . . Penzel moved to approve the minutes as corrected and published) Bye seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. II. PUBLIC HEARINGS A. Area A of The Preserve Commercial Plan ( continued public hearing) , request for FUD conce and Develo meat stage approval o= office, commercial and mu ti a uses• an preliminaa plat approval,, rea A is located west o t e Gelco office Buildings, south of West 78th Street, and north of Anderson Lakes. City Marager Ulstad explained The Preserve has requested this matter be continued to September 29 1975 Council Meeting as the proponent has some internal legal matters to solve . Bye requested Ulstad inform the Preserve the number of times this matter has been continued and it is not fair to others who have presentations to make. Penzel moved to continue Public Hearing to September 29 1975 Council fleeting, Pauly seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. B. Edes Amoco Station's rezoning request from Rural to Highway Commerc=for a service station, on znue u c Hearing). City Manager Ulstad presented request and stated the Planning & Zoning Commission voted denial and Brauer & Assoc. recommended denial also as the request does not comply with the Comprehensive Guide Plan. Mr. Vim. Edes appeared before the Council to make his request for rezoning from residential to commercial as the land is not suitable for residential and they are being taxed as commercial property. 90V Minutes -3- August 5, 1975 II. PUBLIC HU RINGS (Coat' d. ) B. Edes Amoco Station. . . (Cont' d. ) It a Bye moved that in view of potential for tax revenues, that this natter be continued until after a full discussion of the financial condition of Eden Prairie which appears later on the agenda for the meeting, Penzel seconded. Bye , Penzel and Mayor Osterholt voted "aye", Pauly voted "nay", motion carried. 's this development After the discussion, Mr. Edes stated s p calls for nothing on the part of Eden Prairie in the way of services and expenditures. He then responded to Council members questions concerning size of building site , utilities, planned building date, etc. He stated the lot was less than an acre and did not have utilities in, and could not make binding guarantee as to when the Standard Oil Company planned to build. Penzel moved to deny rezoning request and close Public Hearing based on the following reasons: (1) request does not meet 5-acre requirement, (2) would provide for excessive land alteration, (3) does not meet with uide- lines set forth by Comprehensive Guide Plan and (45 it does not have existing utilities that should be available for connection, Bye seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. C. Parkview Apartments bX Edenvale Inc. request for rezoning to Fall 2.5 from Rural and preliminarya approval or a 45acre a5artment aevelo mentloca ed sout oChestnut ApartmenEs and east of Mi_tche_1=oad. (Continued u is Meaning) . Mr. Peterson of Eden Land Corp. presented the revised plan for the project incorporating the various changes requested by the Council. He stated they have added additional garages, relocated trails system, added a pond where spring is located, and stated they would donate land for park dedication in lieu of cash and the land to be valued at fair market value. He said if there was a difference in the land value from the requested- cash for parks, they would either pay or make improvements to compensate. Also, stated they were asking for some adjustment on assessment to be levied against this piece of land. Council members questioned Mr. Peterson regarding a place to store recreational vehicles, cash in lieu of park dedication, change in rental rates, who will pay for trail system to be installed, will a homeowner's associ- ation be formed, etc. 909 Minutes -k- August 5, 1975 II. PUBLIC HEARINGS (Cont' d. ) C . Parkview Apartments. . . (Cont'd. ) Mr. Lyle Engstrom, site planner and architect for the project, stated they could require recreational vehicles to be stored in garages or designate an area for storage. Mr. Peterson stated they would prefer to donate land for park so people bring in project could enjoy the facilities, 9 there will be some change in rental rates because of the 3 decrease in units, doesn't know for sure who will pay for trails, and doesn't think a homeowners' association will be formed as it is a rental unit project. Mr. Ted Stundahl, 8361 Mitchell Road, introduced Mr. Phil Jones, 8315 Mitchell Road, to make presentation for their group formed in opposition to the project. Mr. Jones showed slides of the area and stated the group' s a. objection to the project because there would not be enough parking, would make the density of the area too high, not enough mixture of various kinds of housing, etc. He stated about 70 homeowners signed the petition opposing the project and that he agreed with the Planning Commission's recommendation to deny the project . Ms. Tanya Jones stated they opposed the whole area being developed into apartments as a mixture would be better. Bye moved that we continue the matter until the first meeting of next month because he wants to find out where we are from a financial position which might change his attitude towards everything he does on this Council, Penzel seconded. Penzel stated he was against dragging this out any further because people have waited so long and stated he would withdraw his second. Penzel moved to table matter until financial condition of Eden Prairie has received due consideration from this Council, Pauly seconded. Pauly, Penzel voted "aye", Mayor Osterholt voted "no" and Bye abstained. Motion carried. , Matter was continued after the financial discussion. Bye - in view of the muddy position of our finances, it seems to me that we have to go through asoul :-searching action as to where Eden Prairie is and where they are going. All of these items affect finances in one way or another and if we are precariously close to problems and if we know what our expenses are, it seems to me, we have to be careful how we get money in - one way is through people by taxes and that map be a very disruptive analysis. If we are now faced with a precarious financial condition, maybe some of the luxuries of attitudes and planning and pie-in-the-sky plans for the future may have' to be 910 Minutes -5- August 5, 1975 II. PUBLIC HEARINGS (Cont' d. ) C. Parkview Apartments. . . (Copt' d. ) E sacrificed to pay bills at the moment. I move that we continue the Public Hearing on this item until first meeting in September, Penzel seconded. Penzel and Bye voted "aye" , Mayor Osterholt and Pauly voted "nay". Motion was defeated. Pauly moved to reconsider previous action, Penzel seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. x Penzel requested the staff work with Mr. Peterson on the following items before the continued Public Hearing on this matter: (1) actual establishment of trail system by easement, (2) provision for screening of recreational vehicle storage , (3 ) commitment on installation of recreational facilities such as those suggested for park area, and (4) the drawing up of a developer's agreement should the first motion pass approving the project at the next meeting. D. Petition from E denvale Inc. for curb and Eutter and final bituminous sur acing on the lollowin& streets: on roue Public earing) . Resolution No . Engineer Jullie explained the petition and stated the streets are partially in place and are rapidly deteriorat- ing and that the project would be completed in October if the Council approves the pp project as recommended. The Eden Land Corp. will pay for the assessment over a three- year period. Bye moved to table matter until after the financial con- dition of the City has been discussed, Penzel seconded. Bye , Pauly, Penzel voted "aye" , Mayor Osterholt voted "nay' motion carried. After financial discussion, Penzel moved to adopt Reso- lution No. 10184 Bye seconded. Bye, Pauly, Penzel and P:ayor Osterholt voted "aye", motion carried unanimously. III. PETITIONS L REQUESTS AND COMMUNICATIONS A. Request by Eden Developments Inc. for a family recreation center located at the northeast corner or Mitchell Rd. g' an ezoning From 3--z to CominuRlty Commerciale Council members requested Eden Land Corp. to provide the Council with the anticipated tax revenue from the proposed project and the estimated time frame. / Pauly moved to set Public Hearing date for September 2, 1975, Penzel seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimbusly. ,p 911 .. Minutes -6- August 5, 1975 III. PETITIONS, REQUESTS AND COMMUNICATIONS (Cont' d. ) B. The Preservep request to appear on Council agenda for rea G concept anct Preliminary plat approval. Penzel moved to set Public Hearing date for September 2, 1975 , Bye seconded. Bye , Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. IV. RESOLUTIONS AND ORDINANCES A . 2nd reading of Ordinance No. 290 as amended, providing Tor custody a alsposa. oT unclaimed property. Penzel moved -to approve 2nd reading of Ordinance No. 2909 Pauly seconded. Bye, Pauly, Penzel and Mayor Usterholt voted "aye" , motion carried unanimously. i V. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS x A. Report of Planning Director 1. Metropolitan Transportation Policy. City Manager Ulstad presented a draft of a letter he recommends be sent to the Metro Council relative to the City' s position on the Transportation Policy. Bye moved to send letter to the Metro Council to be signed by the Mayors Penzel seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye•' , motion carried unanimously. B. Report of Director of Community Services 1. Awarding of Bids for Picnic Pavilion at Round Lake ar . City Manager Ulstad stated four bids were received with Mr. Eggan being the low bidder. Mr. Jack Ovick explained the bids and alternates and the time frame. Council members discussed adding shakes instead of asphalt shingles for an additional $1020.00 Pauly moved to award the bid to Willard Eggan Construc- tion, Inc. , 16725 Luther Way, for $14000.00 deducting Alt. #1 and adding Alt. #2 making the total bid $15020.00, Penzel seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 91*1 5 Minutes --7- August 5s 1975 :s V. REPORTS OF OFFICERSs BOARDS AND COMMISSIONS (Copt 'd. ) C. Report of City Mana ger 1. 1974 Audit Report (All Funds)_ City Manager Ulstad introduced Mr. Greg Murphy of the George M. Hansen Company who did Eden Prairie ' s 1974 audit. Air. Murphy explained the audit and stated the City is in good financial condition, however, they did list some concerns such as the Reserve Fund is less than 5 a of total budget and if the City falls more than a year or two behind on utility projects, it could pose a problem in seven or eight years when the bonds become due. Council members auestioned Messrs. Murphy, Ul.stad and Frane as to whether the City is in severe financial condition and they all stated the City is not in severe financial condition, but that they had some concerns which they were attempting to resolve. Mr. Robert Hansen, representing the Chamber of Commerce , asked Mr. Murphy about surplus spending and if the City will meet the projected income. Mr. Richard Anderson asked what the City's bond rating was and stated he vAshed the Mayor had told the Park & Rec. Commission he thought the City was in financial trouble when they were putting the bond issue together. Mrs. Wiggins stated that when the Mayor said he would present a statement that all Council members could support that -he should have done so or called them and informed them accordingly as his statement did suray voters. Ms. Judy Schuck stated she wanted to go on record that at no time was the Citizen's Committee for informing voters on the bond referendum informed. the City was facing financial trouble. Alsop stated they would have appreciated the information the Mayor mentioned in his public statement being given to them and asked for the Mayor's explanation that the School District was in trouble. 913 Minutes -8- August 5, 1975 V. REPORTS OF OFFICERS , BOARDS AND COT-VISSIONS (Contd. ) C. Report of City Mana&er (Cont'd. ) 1. 1974 Audit. . . (Cont' d.) Mr. Kingrey asked the Mayor if he had information that he acquired after the meetings on the bond issue. Also, stated he does not see a problem and perhaps there was a lack of communication. i y Considerable discussion followed regarding the hayor' s statement. The Mayor responded to all questions concerning his public statement and explained his position on the issues in question. Penzel moved to accept the 1971E audit report, Pauly seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. D. Report of Finance Director 1. Clerk's License List ' Pen`:el moved to approve the Clerk's License List, Bye seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye'+ , motion carried unanimously. VI. NE.1 BUSINESS Penzel - Planning Commission wants Council direction re Ring Road Construction holding action and commercial construction outside of the MCA. Osterholt - Policy on limitations of building heights outside the MCA. Where are we on Planned Study Areas? Pauly - Boat fees at Bryant Lake. Osterholt - Bi-Centennial Commission Chairmen will be Carol Hone and John McCulloch. Ulstad - Meeting with MAC will have to be changed to one of the following dates: September 11, 16 or 18. - Lion's Golf Stag August 1$t 1975 at Dahlgren Country Club. Penzel - South Hennepin Human Services meeting at Fairview Southdale Hospital August 69 1975. VII. ADJOURNMENT Bye moved to adjourn, Penzel seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye'f, motion carried unanimously. Fleeting adjourned at 11:37 PM.