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City Council - 12/02/1975 APPROVED 1'1AI.vUT1 S a EDLN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 2 , 1975 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix 4 City Engineer Carl Jullie City Planner Dick Putnam Finance Director John Frane Recording Secretary Joyce Provo INVOCATION - Reverend Wesley J. Brooks, Eden Prairie Assemblies of God Church PLEDGE OF ALLEGIANCE ROLL CALL - Osterholt, Meyers , Pauly & Penzel present. Bye absent. } . I. PUBLIC HEARING A. Sanitary Sever, Watermain, Storm Sewer anal Street i;nn- rovements for Areas F and G of The Preserve Commercial Plan and adloir_ing areas, I. C. 51-274. David Husby, P.E . , Rieke, Carroll, Muller Associates , Inc. ,outlined the � locations of the proposed watermain, sanitary sewer, storm sewer and street improvements for Areas F and G of The Preserve and also the costs involved. (l'viaterial on file at City Engineer's Office).. City Engineer Jullie stated that he has been concerned about the City becoming involved in developers projects and recommended t:hct the assessment for the project, if ordered, be set for 17 years . He further requested that The Preserve and Methodist Hospital, who petitioned for these improvements, submit in writing an agreement to pay the assessments as they become due for the first 10 years . Jullie explained that The Preserve indicated they could obtain a letter of credit signed by the President of the Gas Company guaranteeing payment. Finance Director Franc outlined his memo dated Dece.mber 1 , 1975 regarding bonded indebtc.driess and answered questions of the Council members . Feels Eden Prai ie has made a very largo front •.nd invesiment and that growth should be sti.muIFIted in a careful manner. Would be liffirult to estimate the number of dollars- that will be. generated in a short period of time:. Lee John:;on , The Preserve, noted that Areas F and G will be developed within the next five years stating that there are approximately 19 acres in Area G and 28 acre:, in Area F. -Ni- 9 ♦,,UL:t...11 1V1111lilCD c. a.•.... • , u................ .. . �... v Jerry Bloom , Methodist Hospital, stated that the estimated cost of the construction of their building to be approximately $483 , 000. 00 for Phase 1. , City Manager Ulstad explained that additional security for Eden Prairie would be a bond or a letter of credit or any other way the Council may choose, Somewhere along the way the City has to look at what we are trying to accomplish . We have suggested a 10 year bond or whatever is equivalent, that would insure the City about 68% of the total interest and principle payment of these improvements . MOTION: Meyers moved , seconded by Penzel, to continue the Public � Hearing on Areas F and G of the Preserve Commercial Plan until December 9 , 1975, and direct the staff and City Attorney to research the bonding or guarantee assessment procedures available. Motion carried unanimously. B. Mitchell Lake PUD Revision , request by PQmtom for revision to the approved 1971 PU D and rezoning from Rural to Rl 13. 5 for the single family portion. Mr. James Hill, V.Y. in Charge of Design for Pemtom, spoke to his communication dated December 2 , 1975 outlining Pemtom's request to modify the Mitchcll Lake PUD, noting they would go along with the recommendations of the Staff Report dated October 23 with t_h.e exception of recommendation { 1.A. pertaining to the peninsula, Mr. Thompson, President of Pemtom, noted that this peninsula is the most valuable aspect of this project, and that the land value would be approximately $450, 000. 00 . Hie anticipated these lots to be the most choice and would be the first lots to sell, making this entire project economically feasible. Also spoke to Pemtorn' s four reasons listed in their communication dated December 2, 1975 for opposing the recommendation of the City to hold the peninsula site for sir. months . Pemtom is anxious to develop this project. Thompson stated that if they do not have a determination and if it has to be postponed six months , then there is a matter of price, and he is not sure the City wants to pay $450, 000,00 for the peninsula . Feels if the Council goes along with the Parks, Recreation & Natural Resources Commission and Planning Commission's recommendations, then it would not be feasible for Pemtom to go ahead with this project. Putnam outlined the Planning Commission's 11 recommendations on page 3 of the Planning Commission minutes dated October 28, 1975 . He further noted that the site is definitely unique and there is probably not another spot like it in Eden Prairie, but felt at the staff level that it was something that had to be brought to the attention of the City as a resource that should be retained. Putnam agreed that the lots on the peninsula would be expensive, but questioned the $35, 000 an acre figure estimated by Pemtom. :F .•v4a ....kt 1 '1 alau.. .as �v _. w . , r..�. �...—�. — . �.. Osterholt asked what problems were involved in servicing the peninsula with utilities . t jullie responded there would: have to be a lift station provided for the peninsula . Further stated that this would be the toughest part of the property to serve, but it could possibly be done . MOTION: Meyers moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No . 1065 approving the revised Mitchell Lake PUD 75-04 as suggested by the Planning Commission in the recomme ridi-it ions of their October 28 , 1975 meeting. Roll Call Vote: Meyers , Penzel and Pauly voted "aye" , Osterholt voted "nay" . Motion carried. MOTION: Penzel moved, seconded by Pauly, to amend the previous motion by deleting recommendation A. 1 . from the main motion. Roll Call Vote: Pauly and Penzel voted "aye" , Meyers and Osterholt voted "nay" . i Motion failed . Meyers stated that she thought it was worthwhile for the City to take an extra six months to see if it is feasible for the City to purchase the peninsula for park purposes . Mr. Hill requested that their rezoning application be withdrawn until the City decided if they want to purchase the peninsula for park purposes . The Council granted this request. s MOTION: Meyers moved, seconded by Penzel, to direct the staff to draw up a developers agreement for the PU D based upon the Staff Report dated October 23, 1975 , and the Planning Commission's recommendations dated October 28, 1975 . Motion carried unanimously. C. Carnes/Tangen Rezoning, a request for rezoning from Rural to R1-22 for 3 lots . The lots are located north of Willow Creek Addition and east of Bryant lake.. City Manager Ulstad stated that the Carnes/Tangen request for rezoning will complete the Willow Creek addition as to land use for the total area . Further noted that both the Planning Commission and Parks , Recreation and Natural Resources Commission recommend approval. Jim Olson , Att,3rney for Carnes and Tangen, outlined the area requested for rezoning . lie stated the proponents are willing to dedicate the additional 9 feet to enlarge the road right-of-way to 44 feet, but they have no control over the other landowner's 'dedication, selling, or easement of additional right-of-way. Carnes stated that he would , along with Dr. Tangen, continue to maintain the road. Council Minutes - 4 - Tues. ,December 2 , 1975 k; C. Carnes, -incen Rezoning a. request for rezoning from Rural to R1-22 for 3 lots (continued) � MOTION: Meyers moved , seconded by Pauly, to close the Public Hearing and dive a first reading to Ordinance Nlo. 313 granting rezoning from rural to R1-22 for 3 lots outlined in the Tangen/Carnes rezoning request and the Planning Commission's recommendations of'Noveinber 10, modifying 4 .d. to read "that the maximum street right-of-way he acquired and dedicated to the City at this time as per the propononts ability Further amend recommendation 1 in the Planning Commission minutes dated November 10 , 1975 by adding "No building permits be granted until a satisfactory percola�ton test. on eac:li of the lots has been received or until utilities are available" . Roll Call Vote: Meyers, Penzel, Osterholt and Pauly voted a e , ,motion carried. II. REPORTS OF OFFICERS , BOARDS S.-COMMISSIONS A. Report of City Engineer 1 . Final plant approval for "Flying Cloud Center" Addition City Engineer ;ullie outlined his memo dated November 26 , 1975, and distributed a letter from Wm. Henning, President of the Flying Cloud Addition (Titus , Inc .) . 4LMeyers urged the staff to come up with a specific and more reasonable policy for cash in lieu of land at least for the Major _ Center Area . Does not feel the recommended dedication in this case is sufficient. MOTION: Penzel moved , seconded by Meyers, to adopt Resolution No. 1061 and instruct staff to modify the naming of the proposed Leona Road stub to Titus Road. Further create an additional dedication on the plat to provide adequate turning radius at th.: nortl•i end of Titus Road . Motion carried unanimously. 2 . Accept street:; and utilities within Northmark 2nd Addition MOTION: Penzel r.,oved , seconded by Pauly, to accept the streets and utilities within Northmark 2nd Addition. Motion curried unaniniou:;ly. B. Reoort of Director of Community Services 1 . Consideration of rental of the Macklock House at Anderson Lakes City Manager Ulstad outlined the memo from the Director of Community Services dates] November 28, 1975 , requesting the Council's approval Council Minutes - 5 - Tues . ,December 2, 1975 3 a 1 . Consideration of rental of the Blacklock House at AndExson Lakes (continued) to rent the Blacklock House , stating that the figure of $27 5 .00 per a month would be a reasonable rental charge for this house . Also suggested renting the Heppe s house for $150 . 00 per month. MOTION: ' Meyers moved, seconded by Pcnzcl , to --uthorize the City to proceed with the. rental of the Blacklock house at $275. 00 a month, and the Ileppes house at $150 .00 per month with conditions of lease outlined by the staff. Motion carried unanimously. C. Report of City Mar-iage' 1 . Council vaicanc— Council to determine procedures for interview process of Council candidates MOTION: Meyers moved , seconded by Penzel, 'to seta Special Council Meeting for December 20 , 1975 , 9:30 AM; at the City Hall , for the purpose of interviewing the thrcae finalists for the vacancy to the City Council position, Further direct the City Manager to schedule interviews at 9:30 AM , 10:30 AM , and 11:30 AM , allowing the Council to interview each candidate for one hour. Interviews to be conducted in alphabetical order. Meyers , Penzel and Pauly ! voted "aye" , Osterholt abstained . Motion carried. Osterholt requested to not attend the meeting on December 20. Request granted. Meyers suggested that each Council member submit a list of questions to ask each of the candidates . Penzel stated that questions Council members wlsh'to ask candidates be submitted to the; City Manager by December 17 . 11f J,rrIA 130,91NF•Q"S a —A. !�Aeycrs requerAc-d research adototing ar, ordinance regarding connecting to utilities within a poriod of time. B. Pauly questioned if it is proper to single out youth mcmb-rs on auvisory commissions e,nd if this is in conflict with the Affirmative Action Program . Mr. Perbix said lie would review the Affirmative Action Program. �; . City Attorney Perbix asked if the Council had recei-vcd memo on the Underdahl property on Edon Prairie Road. Ulstad stated an application i has been resceived for a permit and asked the Council how they wanted to proceed with this item . Osterholt replied that if the opponent or proponent request to be placed on the Council agenda , they may do so. i h'd' ' Council Minutes - 6 - Tues. ,December 2 , 1975 III. NEW BU aINT',SS (continued) D. Penzel requested the City Manager inform the Council on December � 9th if it will be necessary to hold a Council meeting on December 23rd. E. Meyers questioned the locations of the warning sirens . F Meyers asked if it -%,,,ould do any good fo. the Council to submit a letter to the Highway Department regarding the speed limit on Highway 4. Ulstad explained that the City has negotiated from 50 MPH to 40 MPFJ on Cour'O,, Road 4 on a temporary basis . He further recommended the Council accept a 45 NIPH speed limit if offered, because if we pursue it further we may end up with 50 MPH. MOTION: Meyers i loved, seconded by Penzel , to draft a strong resolution stating the City will not accept the 45 MPH speed limit because of safety, citizen concern , and unoafebicycle paths that have been installed . Motion carried •unanimously. IV. ADLOLTRNIrAENT i 1 MOTION; Penzel moved, seconded by Meyers , to adjourn the meeting at 10:40 FM. Motion carried unanimously.