City Council - 09/09/1975 APPROVED
MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPT. 99 1975 7:30 PNi, CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt
William Bye
Joan Meyers
Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT: City Manager Ulstad
City Attorney Perbix
Engineer Carl Jullie
Recording Secy. Belinda Vee
INVOCATION: Given by Councilman Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: All Present
I . MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, AUG. 26,1975.
Pg. 2, Para. 4, (A.4.) Delete 'structure", insert "concept approval".
_ Pg. 39 Para. 29 Delete "when Hwy. 169. .", insert •'as this inter-
section is scheduled for permanent signalization
as part of the Ring Road Project".
t
Pg. 3 , Para. 29 Insert "design" after "installation".
Pg. 60 Para. 2, Insert "and Energy Systems" after "Tire".
Pg. 61 Para. E. Insert "proposal review" prior to "committee'.
Penzel moved to approve the minutes as published and corrected,
Meyers seconded. Bye , Meyers, Pauly, Penzel and Mayor Osterholt
voted "aye" , motion carried unanimously.
II. PETITIONS= REQUESTS & COMMUNICATIONS
A. Communication from John K. Teman re!juestinz a rebate of
run sei-re r assessment. et er dated .
Mr. Ulstad explained the request of Mr. Teman and suggested
refunding the assessments he paid for the years 1973 and 1974
thus granting him a five year deferment .
Council members discussed the matter of Mr. Teman not receiving
notification of the public hearing, the legal nature of this
request, was the money available in the sinking fund, and
the hardship on Mr. Teman if the request were denied.
Penzel moved that the Council authorize the staff to adjust 3
the assessment roll to reflect deferment starting with initial
assessment and that any repayment or refund include both
io3y .:
Minutes -2- Sept. 9, 1975
II. PETITIONS, REQUESTS & COW-1UNICATIONS (Copt• d. )
A. Communication from John K. Teman. . . (Cont'd. )
principle and interest, Bye seconded. Bye, Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye" , motion carried
unanimously.
B. Communication from Michael T. Rutten, received 9&Z75 ,
appealing on behalfo the ew Testament iurc or a
re-examination oz an on-si a soil absorption sewage
system an or holding E-a-RT for the c urc ui cling.
i
City Manager Ulstad presented the request and Engineer
Jullie explained the type of system and certain modifi-
cations involving the changing of drainfield and the
elimination of the dousing system.
Rev. Herzog and Mr. Rutten responded to questions by
Council members concerning the distance to connect to
sewer line and cost of same and cost of the temporary
system and length of time it would be in use.
Penzel moved to delay matter for a couple of weeks to
enable the church to obtain accurate quotes on both
methods of disposal, Bye seconded. Bye, Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye" , motion carried
unanimously.
C. Olymoic Hills Phase lIlt rezoning from Rural to RM 6. 5
or 20 single family detached and 14 attached on two
ami ly homes. Hecuest or Public is eari.ng;.
Meyers moved to set public hearing for October 7, 1975
Council meeting, Bye seconded. Bye , Meyers, Pauly, Penzel
and Mayor Osterholt voted "aye", motion carried unanimously.
D. Hustad Develo ment Corporation Office Industrial and
Res idential FUD and rezoning. The roponen Ls recuestin
concept a nrova or the acre site and rer,onin to 1-2
ar rom duralp anfrom Rural. Requestor Public
Hearing.
Penzel moved to set Public Hearing for October 7P 1975,
Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
E. An amendment to Zoning Ordinance 1359 Section 10 Subd. 10.3
ection extending the- time span for FS 131stric s . rom
year o years. Request Vor Public earzng.
Penzel moved to set October 79 1975 for Public Hearing to
change text of Zoning Ordinance re PS time span from 1 to
3 years, Bye seconded. Bye voted "aye" , Pleyers, Pauly,
Minutes -3- Sept. 9, 195
II. PETITIONS, REQUESTS & CODWUNICATIONS (Cont•d. ) '
E. An amendment to Zoning . . . (Cont'd. )
Mayor .Osterholt voted "nay" and Penzel voted "aye". Motion
defeated.
Pauly moved to refer back to Planning and Zoning Commission
for possibility of Public Hearings in November for the
purpose of putting Planned Study (PS ) areas back into PS
and their recommendation for any new areas to be put in PS,
Penzel seconded. Bye, Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye", motion carried unanimously.
III. REPORTS OF OFFICERS-9- BOARDS & C0141-TISSIONS
A. Report of City Attorney
1. Prairie Lawn & Garden ( continued from 8/12/75 Agenda) .
City Manager Ulstad explained the rezoning request
was considered by the Council back in October, 1974
and stated Attorney Perbix will recommend the action
to take at this time .
Perbix said the matter should be referred back to
Planning and Zoning Commission for their recommendation.
Mr. Riegert appeared before the Council to object to
this request being referred back to the Planning and
Zoning Commission. He stated his request for rezoning
prompted the 4/5 Mini-Study(which the Council received and
filed) and he was told he would have an answer in
30 to 60 days and it has been nearly a year. He is
anxious to get his garden store started so he will be ready
for spring. He stated he can't understand the delays
he has experienced and that he wanted to start last
spring. He said he has been a citizen of Eden Prairie
all his life and this delay has caused a burden on him
and his family.
City Manager Ulstad suggested there be no further filing
fees applied to this request.
Meyers moved to set public hearing for October 79 1975
and waive any new filing fees that might be required,
Penzel seconded.. Bye, Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye", motion carried unanimously.
Meyers moved to refer back to Planning and Zoning
Commission for their recommendation as to site plans
and layout by October 7, 1975 , Penzel seconded. Bye#
Meyers , Pauly, Penzel and Mayor Osterholt voted "aye"$,
motion carried unanimously.
IM06
Minutes -4- Sept. 9, 1975
III. REPORTS OF OFFICERS , BOARDS & COrUiISSIONS (Cont' d. ) d
B. Report of City Engineer
1. Final 121at approval for St. John's Wood 5th Addition.
Resolution Noe 102,B,
City Manager Ulstadreported the fees have been paid and the
plat is in order and recommended approval.
Engineer Jullie responded to Council members questions
concerning park dedication.
Meyers moved to adopt Resolution No. 10289 Fenzel
seconded. Bye, Meyers, Pauly, Penzel and Mayor
Osterholt voted " aye" . motion carried unanimously.
2. Approve Plans and Specifications and order advertise-
went for bids on Project STR 75-3-139Bituminous overlay on 771.Ley Lake RoadResolution
o.
Engineer Jullie explained the matter for the Council.
Penzel moved to adopt Resolution No. 1029, Bye seconded.
Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted
"aye" , motion carried unanimously.
3. Change Order #1 I .C . 51-269 for additional bituminous
repairs on Duck Lake Trail from Duck Lake Road to ount
and on Duck Lake Road from a on s Drive to
e er org Road.
f
Engineer Jullie explained the additional cost was to
repair parts of the road which are in such bad con-
dition it would not be repairable next year. Council
members discussed cost and need of road.
Meyers moved to approve Change Order No. 19 Penzel s
seconded. On a Roll Call Vote Bye, Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye" , motion carried
unanimously.
4. Consider bids received on September 4-, 1975 for street
improvements in the Edenvale Northwest Area - s
and the .E enva e InUu-strial Park
Resolution Noo 1030.
Meyers moved to adopt Resolution No. 1030 awarding the
bid for the project to Minnesota Valley Surfacing Co.
in the amount of $185,846. 50, the lowest bid, Pauly t
seconded. On a Roll Call Vote Bye , Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye" i motion carried
unanimously.
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Minutes —5— Sept. 9, 1975
III. R:PORTS OFOFOFFIICERS, BOARDS & C01,24ISSIONS (Copt' d. )
C. Report of Director of Communit)r Services
1. Eden Prairie Stables Building Demolition
City Manager Ulstad explained he has contacted a man ' .F
to see if he will demolish the buildings without cost to the
City, but has not yeti received an affirmative
reply.
Pauly moved to continue matter until Sept. 23 9 1975
meeting, Meyers seconded. Bye, Meyers, Pauly, Penzel
and Mayor Osterholt voted "aye"',, motion carried
unanimously.
D. Report of Finance Director
1. Payment of Claims Nos. 74919 7590.7666.
Penzel moved to approve payment of Claims Nos. 7491,
7590-7666, Tye seconded. On a Roll Call Vote Bye,
Meyers, Pauly,. Peni_cl and Kayor Osterholt voted "aye" ,
motion carried unanimously.
2. Clerk' s License List
Bye moved to approve the Clerk's License List, Meyers
seconded. Bye, Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
IV. NMPI BUSINESS
Penzel - would like citizen and business imput regarding the
Sign Ordinance and Food Handlers' Ordinance — suggest
the staff send letters soliciting this imput in writing.
Meyers - Voiced her concern regarding the industrial zoning as
some firms are not totally industrial and not totally
commercial, but a little of each. Requests an evalua-
tion from staff and recommendation from Planning and
Zoning Commission.
Meyers - Voiced her concern regarding changing a PUD concept
in the Phase 2 & 3 plaza for Parkview. Mould like to
see removal of any type of agreement concerning type
of housing and implied density designation.
Meyers moved to set public hearing for October 7, 1975
for the purpose of the City revising PUD concept of
Phases 2 and 3 for Parkview, Penzel seconded. Bye,
C Meyers, Pauly, Penzel and Mayor Osterholt voted "aye",
motion carried unanimously.
/a3$
Minutes -6- Sept. 9, 1975
IV. N911 BUSINESS ( Cont'd.)
Bye - Stated his objection to Planning and Zoning Commissiongs
recommendations being sent to MAC without Council approval.
Penzel - Instruct staff to take all necessary steps to effect a
mid-term census for Eden Prairie and suggested it be
put on agenda for Sept. 11, 1975 meeting for Council
consideration.
Ulstad - Preserve has a plat they are submitting to Planning
Commission for 50 residential homes ranging from $65,000
to $90,000.
Penzel moved to set Public Hearing for October 7, 1975s
Pauly seconded. Bye, Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
V. ADJOUR4MENT
Penzel moved to adjourn, Bye seconded. Bye, Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye", motion carried
unanimously.
Meeting adjourned at 9:45 PM.
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