Loading...
HomeMy WebLinkAboutCity Council - 08/03/1976JOHN FRANC EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 3, 1976 COUNCIL NEMBER3: COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Billy Bye, Sidney Pauly, Joan Meyers and Tim Pierce City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Marty Jessen; Engineer Carl Jullie; Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL, OF AGENDA AND OMER ITEMS OF BUSINESS II. PRESENTATION OF HUMAN RIGHTS AWARD III. PUBLIC HEARINGS A. Sanitnrv sewer watermain and storm sewer improvements to service prqperties in the vicinity of W. 76th Strect, T. H. 169, and Eden Road, chcolution Mo. 7169} B. Street improvements in West2te (east) Addition i_l. C. 51-292. IRL-solution No. 11.7U)- IV. SETTING OF PMLIC HEARINGS A. Area H of The Preserve, rfgoest for rezoning from rural to C-Recional Service ann_preliminarZjIit approval dividing the nreLity into lots 1 and 2 of Block 1. The site is located in the wuthwestern quadrant of Schooner Boulevard and U.S. 169. Page 2870 Page 2871 B. Crosstown Saptist Church, request for rezoning from Rural to Public. The site is located at 6500 Baker Road south of St. John's. C. Robert Nygren, rfguest for rezoning of 8 lots to R1-13.5. The site is located southeast of Hidden Ponds. V. ORDINNOLS kRESOLOTIONS A. 21R&diryof Ordinance No. 337, regulating hunting and trappini Page 2872 in Eden Prairie. VI. REIWTS OF OFFICERS, POARDF & COMMISSIONS A. Rc .prts of Council members Council Agenda - 2 - Tues.,August 3, 1976 B. Report of City Manager 1. Condonaaegele Realty Rezoning Agreement Page 2855 2. Progress Report on Shoreline Management 3. Changing date of Public Hearing for redesignatin g P l a n n e d Study in Southwestern Eden Prairie that has reve r t e d t o I-General. (Originally set for August 3) 4. Crosstown Extension from Shady Oak Road to 1-4 9 4 . C o n s i d e r a t i o n P a g e 2 8 7 5 of access to Beach Road and Cooley Road. (Conti n u e d f r o m July 13, 1976) C. Report of City Engineer I. Accept for ownership and maintenance the stre e t s i n t h e L a k e Eden North Addition D. Report of City Attorney 1. Acquisition of the Michael Zylka property by c o n d e m n a t i o n o r Page 2856 purchase E. Report of Director of Community Services I. Consideration of option for the Miller Brothers property at Page 2858 Mitchell Lake 2. Consideration of the purchase of the Grill proper t y a t S t a r i n g , Page 2861 Lake 3. Eden Prairie Equestrian Center Lease F. Report of Finance Director 1. Approval of contract with Ehlers & Associates 2. Chan ipj date for sale of improvement bonds in t h e a m o u n t o f 3 000 000.00 from August 10, 1976 to September 7, 1 9 7 6 . ' 3. Accept Audit Report 4. Clerk's License List Page 2866 5. Payment of Claims Nos. 2014 - 2146 Page 2867 VII. NEW BUSINESS (continued from July 27th Counc i l m e e t i n g ) A. Discussion of Homeowner's Associations Page 2879 B. Discussion of POD Ordinance Council Agenda - 3 - Tues.,August 3, 1976 VII. NEW BUSINESS (continued) ( C. MCA Ordinance D. Communication receivedfrom the. Eden Prairie School Board E. Report from City Engineer Jullie on Suburban Rate Authority and its activities for next year and contribution of same VIII. ADJOURNMENT. August 3, 1976 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1169 RESOLUTION ORDERING IMPROVEMENTS ON W. 76th ST. (I.C. 51-284) WHEREAS, a resolution of the City Council adopted the 13th day of -...77.ay, 1976, fixed the 3rd day of August, 1976, as the date for a public axing on the following proposed improvements: I.C. 51-284, Sanitary sewer, watermain and storm sewer improvements to service proper- ties in the vicinity of W. 78th St., T.H. 169 and Eden Road. WHEREAS, all property owners whose property is liable to be assessed fr;r: the making of this improvement were given ten days published notice of Council hearing through two weekly publications of the required notice a=4 the hearing was held and property owners heard on the 3rd day of August, NOV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EZEI: PRAIRIE: 1. Such improvement as set out in Council Resolution of July 13, 1976, and as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifica- tions for the making of such improvement with the assistance of Rieke Carroll Muller, Assoc. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor SEAL 2.-mn D. Frane, clerk 23'10 ril August 3, 1976 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1170 RESOLUTION ORDERING IMPROVEMENTS IN WESTGATE (EAST) ADDITION (I.C. 51-293) WHEREAS, a resolution of the City Council adopted the 13th day of July, 1976, fixed the 3rd day of August, 1976, as the date for a public hearing on the following proposed improvements: I.C. 51-292, Street improvements and related storm sewer for streets in the Westgate (east) Addition WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice Of the Council hearing through two weekly publications 'of the required notice and the hearing was held and property owners heard on the 3rd day of August, 1976: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such Improvement as set out in Council Resolution of July 13, 1976, and as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifica- tions for the making of such improvement with the assistance of Rieke Carroll Muller, Assoc. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk whp/Jh 7128176 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 337 AN ORDINANCE TO REGULATE THE POSSESSION OF AND DISCHARGE OF FIREARMS WITHIN THE LIMITS OF THE CITY OF EDEN PRAIRIE, AND FOR THE GENERAL HEALTH, WELFARE AND SAFETY OF THE PEOPLE AND PROVIDING PENALITIES FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Declaration of Policy. It is hereby found and declared that inasmuch as the City of Eden Prairie is a developing community wherein the land uses are becoming more intense thus reducing the amount of open land available for the discharge of firearms and hunting that it has become necessary to regulatethe possession of and discharge of firearms to certain areas in the community in which it will not pose a hazard to the safety of others for this regulation. . Section 2. Definition. Terms used in this Ordinance shall have the following meanings as it applies to this Ordinance: a. Dangerous weapon means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. b. Discharge of firearms. Any shooting whether it be for hunting game, target practice or otherwise. Section 3. Possession and carrying of firearms. Pursuant to State Statute a permit for the possession and carrying of handguns will be required within Eden Prairie. Section 4. Permit required for discharge of firearms. Any person desiring to fire or discharge any firearm or use any weapon as herein before defined within the City of Eden Prairie must first secure a permit to do so from the City. Subdivision A. Areas where permitted. A permit to discharge firearms will be granted only in those areas defined as follows: that part of Eden Prairie lying South of State Highway 5 and West of Co. !ad 4 and that part of Eden Prairie lying South of Co. Road 1 from Co. Road 4 East to Co. Road 18. Su&iivision B. In order to secure a permit to discharge firearms an application shall be filed in writing on forms provided by the City and accompanied by a fee of $2.00. These applications shall be individual for all persons over 18 years of age or for a family of children under 18 hunting with their parents. The permit application shall include at least the following information: a. Type of firearm to be discharged. b. Period for which such permit is desired. c. Location of the property on which the discharge of the firearm will occur. d. Type of facilities to be used. e. The signature of the land owner on whose property the hunting will occur. f. Such other information as may be deemed necessary by the City in order to pass upon such application. No fee shall be required for a landowner or his immediate family to discharge a firearm on property owned by himself. How- ever, a permit for said discharge is required under the terms and conditions of this Ordinance. Subdivision C. Permits for the discharge of firearms shall be issued only for shotguns and 13.1, guns except that permits may be issued for rifles and handguns for target shooting only, and only in very well defined and closely supervised areas. Subdivision D. The Eden Prairie Department of Public Safety will review all applications for permits based on the following criteria: a. Permit shall have been signed by the landowner on whose property the hunting will occur. b. The permit application shall be for a contiguous parcel of property of at least 40 acres and far enough removed from adjoining buildings and roads so as not to cause a hazard. c. In no case shall a permit be issued for hunting on any property within 500 feet from a building or main road. Section 5. Lawful defense of person, property or family. Nothing herein shall be construed to prohibit any firing of a gun, pistol or other weapon when done in lawful defense of person, property or family or in the necessary defense of enforcement of laws. Section 6. Penalty, Any person violating provisions of this Ordinance shall be guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300.00 or imprisonment but not more than 90 days. Section 7. Repeals, Ordinance No. 120 of the City of Eden Prairie is hereby repealed. -2- 73 Section 8. Partial invalidity. If any portion of this Ordinance is felt to be invalid or unforceful to any person or circumstance the application of such portion to persons or circumstances other than those to which it shall be held invalid or unenforceful shall not be affected thereby and all other provisions here as in all other respects shall remain valid and enforceable. Section 9. Effdctive date. This Ordinance shall be effective immediately upon its passage and publication. First read at a regular meeting of the City Council of Eden Prairie this day of , 1976, and finally read and adopted and ordered published at a regular meeting of said City Council on the day of , 1976. • Wolfgang Penzel, Mayor ATTEST: John D. Franc, City Clerk Published in the on the day of 1976. -3- 2 I N (r TO: FROM: SUBJECT: DATE: MEMORANDUM Mayor and City Council Roger K. Ulstad, City Manager:. Crosstown Highway Project #6839 July 30, 1976 The City Council at your meeting of July 13th continued a decision on approving the Crosstown Highway Project #6839 and requested that we meet with the Minnetonka staff, Hennepin County, and the State Highway Department, to determine if any alternatives could be considered relating to the proposed layout. Comments are as follows: 1. Discussion with the Minnetonka staff (Engineer, Planner and City Manager), indicated that the Minnetonka Council is strongly in favor of the at- grade access for the industrial park to the north. The Minnetonka staff concurs with the Council and notes further that the alignment of the Crosstown was moved almost entirely into Minnetonka at the request of Eden Prairie and perhaps Eden Prairie should reciprocate by allowing the Beach Road signalized intersection. We suggPsted a right-in, right-out, access for the benefitted property to the north but this was not acceptable to Minnetonka. 2. The County Engineer stated in a meeting on 7/26/76 that the proposed Beach Road intersection is properly spaced from the 494 ramp intersection and it would be a safe intersection. He also felt that a right-in, right-out, access to the north was not acceptable, and would not be approved in their funding program. 3. Met with District 5 State Highway Engineer Mr. Crawford requesting state and federal funding for the bridge over 494. He stated that there would be no problem establishing the need but could not assure the City of a commitment to funding at present time. If federal regulations change in future he would support funding. The proposed extension of the Crosstown 62 does pose some concern for our City: 1. If the Council approves a layout for the Crosstown excluding access at Beach Road, it will necessitate at time of construction the extension of Beach Road east to Rowland Road at a cost of $300,000.00 plus right-of-way. This would provide an extremely long "deadend" for the Beach Road residents and would be a drastic change from the access they have today. 2. With the access to Beach Road closed and the link to Rowland Road constructed, the need to provide access to and from the west to Bryant Lake Park would necessitate the construction of the bridge across 494 and a link to County Road 60 at a cost of $500,000.00 plus right-of- way. Total cost of both improvements approximately $800,000.00 plus right-of-way. This would create an economic hardship for the City as state aid funds would be required to connect to Baker Road. Mayor and City Council - 2 - July 30, 2976 3. The 1968 Guide Plan refers to residential development in this area. I feel it would be feasible for the City to continue with this designation and also look at a possible realignment of Beach Road to Rowland Road to assure the residential development of the site adjacent to the Crosstown. 4. August, 1974, Resolution No. 892 was approved with contingencies (attached), which puts the City in a bit of a box. 5. The Crosstown extension together with the associated commitments of the County are important to Eden Prairie, including the $250,000.00 contribution to the City to apply towards construction of new access for Beach Road. 6. I will have a large scale map for review Tuesday evening and we can discuss further any questions you may have prior to any action or recommendations. RKU:jp .ki CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 892 RESOLUTION APPROVING LAYOUT NO. 6 REVISED FOR CSAH 62 (CROSSTOWN HIGHWAY) PROJECT NO. 6839 WHEREAS, Layout No. 6 Rev. dated October 4, 1973, Project No. 6839 showing the proposed improvement of County State Aid Highway No. 62 within the limits of the City of Eden Prairie from Shady O a k Road to 1-494 has been prepared and presented to the City Council : NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Eden Prairie: That said Layout No. 6 Rev. dated October 4, 1973, be in all things approved and the County is hereby authorized to commence acquiring rights of way on the basis of said-Layout, subject to the following: 1. City Manager's memorandum dated August 9, 1974 and attached hereto as exhibit A. 2. That the County agree to signalization at Beach Road to coincide with opening of the Crosstown. 3. That the County proceed immediately to deal with property owners concerned with right-of-way acquisition on Baker Road. 4. That proper and reasonable pedistrian and bike access from Beach Road be provided. ADOPTED by the city Council on the 27th day of August, 1974. David W. Osterholt, Mayor ATTEST: 01 1 (hn Jo D. Frane, Clerk i , SEAL tILNV TD: Mayor and Members of the City Council FROM: Robert P. Heinrich, City Manager DATE: August 9, 1974 SUBJECT: Approval of Crosstown Highway Project No. 6839 City Council approval for Layout No. 6 for CSAH 62, showing the proposed alignment and profile for the construction of the Crosstown'Highway from Shady Oak Road to Interstate 494, is recce,mended at this time, based upon agreements reached at a meeting held at the Eden Prairie City Hall Or) July 15, 1974 attended by County Ccmmissioner Ticen, Director of pub- lic Works Art Lee, Sam Fisher and Don Galloway of the County Staff, Mayor Osterholt, Councilman Penzel, Councilwoman Pauly, City Engineer Carl Jullie and myself. . A summary of these agreements is listed as follows: 1. The County will agree to participate in an amount up to $250,000 to provide alternate access to Beach Road in lieu of an at-grade intersection with the Crosstown Highway as originally proposed by the County. 2. Co. Read 62 will be designated as a County State Aid Highway from Scenic Heights Drive to T.H. 101 and improvements will be made thereon to provide a properly surfaced roadway to handle anticipated traffic between T.H. 101 and the Crosstown Highway. 3. Aliemaent corrections to eliminate the sharp curves on Co. Road 60 (Baker Road) north of existing Valley View Road will be completed on or before the opening of the Crosstown Highway to 1-494. 4. Paher/Mitchell Road from T.H. 5 to present Co. Road 60 will be designated as a County State Aid Highway. Opening of the re- maining unimproved segment between new Valley View Road and present Co. Road 60 will coincide with opening of the Crosstown Highway. County participation in the traffic signal at T.H. 5 and Baker/Mitchell Rd will be 25% of the project cost. S. County Road 60 from Baker/Mitchell Road to Co. Road 39 and Co. Road 39 between Co. Road 60 and Co. Road 18 shall remain designated as County Highways, subject to future review. Future review will also be neceesacy regarding designation of Co. Road 61 (Shady Oak Road) from new T.H..169-212 to Co. Road 18. G. County participation in the Ring Road Project may be possible to the extent that the County will pay a proportional share of roadway'improvements consistent with its policies as applied to similar situations in other communities. CJJ/hh AZII Aagt TO: Mayor and City Council members DATE: Julyl, 1976 FROM: Petty Johnson SUBJECT: Homeowner Associations On June 28, the Planning Commission recommended that the homeowner association review be incorporated into the Comprehensive Guide Plan update process through the use of consultants, interested citizens and staff. Following is a summary of the presentation and discussion at that meeting. There are two types of homeowner associations: voluntary and mandatory. The voluntary ones are primarily organized to express and/or work toward adoption of a particular point of view from a specific neighborhood or group of neighborhoods. Examples in Eden Prairie Include the Anderson Lakes Property Owners Association and Sterling Field Association. Such voluntary groups may also have other . functions, such as development and maintenance of a recreational facility (Eden Hills and Sterling Field) and enforcement of protective covenants (Eden Hills). These are not the type that concern us at the moment. Residents are not required to join. The mandatory type are those that are organized as part of the platting/zoning process and are legal entities that are in reality mini-governments that levy dues or assessments on each property owner and manage/control property or services for the entire development. Such associations can be in condominium apartments in a single building or group of buildings, townhouses or single family detached houses or a combination of these. Examples in Eden Prairie are the various areas in The Preserve and Edenvale, the "umbrella" associations in The Preserve and Edenvale, Atherton, St. Johns Wood, Creek Knolls, Mill Creek, Hidden Ponds. Everyone belongs. The concern being raised now is two-fold: -- Those that are in existence now, how they are 'functioning, their relationship to the city in the area of overlapping service, -- Those that will be set up in the future as part of rezoning or site proposals. Homeowners associations (HOAs) are necessary in developments where there is common property (such as open space, walkways, recreational facilities, etc.) that belongs to the entire group of residents rather than to each individually. It is also a necessary group when services are performed on behalf of all, such as snowplowing or mowing. The association is the incorporated body which has the authority to nerform these services and collect the dues to pay for them. (That is greatly over-simplified, since many HOAs often are similar to a small business in their functioning.) All property owners are members, and the Board of Directors it chosen from members. The programs and facilities under the jurisdiction of a BOA supplement and sometimes partially take the place of many local programs. One of the friction points between a HOA and the local government could be in the area of provision of municipal-tyne services such as recreation. The cooperation and assistance of local government would assist in furthering the feeling of belonging to the total community and not just to the HOA area. HOAs are not a new idea, but there haven't been many of them until the last 20 years or so, when condominiums and PUDs became more common. Not many people have the experience of setting them up and making them go, and not many people who buy into their membership really understand what a BOA is. And the first couple of years are most important in providing good procedures and precedents for operation of the BOA. The developer has a key role in providing that good start. The way in which he sets up the corporation, possibly providing a helping hand as owner participation increases during the early stages of the development's occupancy, means a lot. The kinds of documents, the requirements for filing and reviewing them by the local -2- Homeowner Associations government, the information requested by the local government, the way in which prospective homeowners are informed about the BOA -- these are all helpful to the future well-being of the BOA. (Pemtom.has led the way in the Minneapolis area. Centurion Co. has incorporated many of Pemtom's features, plus adding some of their own. Minnesota Statute 515 was amended to provide for specific procedures with regard to HOAs in condominiums, both before and after purchase.) These can Include clearly-written summary of BOA organization and responsibilities, the actual legal documents setting it UD, buy-back option, assurances of compliance, construction and maintenance responsibilities, etc. All benefits developer, local government, prospective homeowner. Because different types of housing developments have different needs, they also may require different types of HOAs. A condominium with many common features is quite different from a group of single family detached houses. The "umbrella" BOA is different also from those in the separate areas of the large PUS. Some of the questions raised by the Planning Commission that could be explored includes What are the long and short-term costs to homeowners, community and developer? What are the real problems of HOAs in Bien Prairie. and elsewhere? Can (or should) the local government help solve some of those problems 1. and which are solvable only by the BOA? Can bonding be required for the establishment and performance of HOAs? (After all, the BOA exists as long as the homes whose owners belong to it.) Is DienPrairie clearly aware of the real and intangible benefits and potential problems of HOAs so as to intelligently make them part of all planning and provision ofs,services?.