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HomeMy WebLinkAboutCity Council - 09/14/1976 APPROVED MINUTES . EDEN PRAIRIE CITY COUNCIL 4 k TUESDAY, SEPTEMBER 14,1976 7:30 Piet, CITY HALL ' COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce • Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbi x City Engineer Carl Jul lie ' Finance Director John Frane Recording Secretary Joyce Provo } INVOCATION: Reverend Alden Keiski , Eden Prairie Methodist Church a PLEDGE OF ALLEGIANCE ROLL CALL: Meyers iPauly, Pierce and Penzel present; Bye arrived at meeting at 8: 20 PM. 1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: J, A. Special budget meeting date_ B. Street names. C. Communication from The Preserve to establish a Public Heari n9 date for Hidden Oaks. MOTION: Pierce moved , seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. (Bye not in attendance at time of vote), II. $3,000,000. 00 IMPROVEMENT BOND SALE Seegar Swanson, Jr. , V. P. , Ehlers & Associates, appeared before the Council and congratulated Eden Prairie for receiving a "A" bond rating from Moody' s. Mr. Swanson explained that two bids had been received for the $3,000,000.00 of improvement bonds, the lowest bid from Banc Northwest and the 2nd lowest bid from Piper, Jaffray _& Hopwood, Inc. (Bid tabulations attached dated September 14, 1976.) MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 1188, authorizing, selling and establishing the terms of $1 ,640,000. 00 General Obligation Water and Sewer Bonds (Series 9), on which Banc Northwest was the low bidder. Motion / carried unanimously, (Bye not in attendance at time of, vote). _�,., ..... .... -w.► �. -w..+l.r.- .- a... ... •.. _.. ..�a ..q'y,. .....► .�.w.— .. • II. $3,000,000.000 IMPROVEMENT BOND SALE (continued) MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1189, authorizing, selling and establishing the terms of $1,360,000.00 General _ -Obligation Im Improvement Bonds of 1976 and P providing for their payment, on which Banc Northwest was the low bidder. Motion carried unanimously. x (Bye not in attendance at time of vote) - III. PUBLIC HEARINGS 1 A. Ziegler, Inc. , request for PUD Concept approval of approximately 57 acres of Industrial uses and variances from the 1-5 District for approximately, 14 acres which are zoned. The PUD is located in the NW quadrant of Valley View Road & Washington Avenue. 1 1 City Manager Ulstad spoke to communication from Ziegler, Inc. , dated r September 13, 1976,requesting that their item be removed from the agenda. a MOTION: Pierce moved, seconded by Meyers, to receive and file letter from Ziegler, Inc. , dated September 13, 1976. Motion carried unanimously. B. 1976 Special Assessment Hearing City Manager Ulstad explained that affidavits are on file which call for this Public Hearing, and all affected-property owners have been contacted. This is an opportunity for those affected property owners to be made aware of the proposed assessment roll , and also an opportunity for them to express their concerns . y City Engineer Jullie spoke to revised Resolution No. 1187, approving the 1976 Special Assessments and attached Exhibit A. Jullie further explained that on Exhibit A there were 9 project descriptions listed, and any persons requesting to be heard do so in the order of the project number. (Projects are listed only if concerns were expressed): i I .C. 51 -274 Areas F & G Preserve, Sewer, water, Lee Johnson, The Preserve, storm sewer and streets stated he would like F the Council to consider passing on some of 'their good fortune A in their bond rating to the property owners. City Manager Ulstad stated he would have to research this with the finance department to see whether this can be done. I .C. 51-27, SAN 74-1-20 Lateral sanitary sewer for the Harry Marriott, 6891 Beach Road, Cove area questioned if those who have been paying and not receiving the benefits would be receiving a credit. City Engineer Jullie explained that property will be computed individually, and Mr. Marriott should call City Hall to find out what his credit would be. B. 1976 Special Assessment Hearing I.C. 51-281, STR 75-3-13 a-i ng Ri 1 ey lake Road J. J. Sfiuldhiess raised no objectiofis to project, just questioned amount per foot. I. C. 51-286, STR 75-3-17 School Road b Eden Court A. G. Peterson, 7818 Eden Court, Paving questioned when he would have to•pay -for the extra 3 feet to come to his driveway. City Engineer Jullie explained there were several requests by property owners to have the edge of the bituminous brobght in to meet their driveway. The City would do this only if we have disrupted an existing blacktop driveway. t Otherwise, we suggested that the property owners make their own arrangements with the contractor, and the contractor will do the billing. Mr. Peterson stated the contractor said this would be a part of the assessment. Mr. Jullie explained he will look into this situation. Robert Sharpe, 7904 Eden Court, questioned if the original thought was to raise the- road 6 City Engineer Jullie explained that the design was 3 112" bituminous. In some cases the road was widened out because it was less than 22 feet. In these cases the ground was higher on the edging. Mr. Sharpe further stated that he had previously put in a blacktop driveway, when the City raised the road, it did not fit in with the road. Questioned when they brought it in and leveled it off, is there an existing charge. Jullie replied there would be no charge for this additional work. Dennis Walxtoni, 7841 Eden Court, questioned what it was going to be like on the edge of the road. Juili•e replied the City will be adding crushed limestone rock to insure good { drainage at the edge of the driveways and there will also be areas that have to be resodded. This is called a rural section road and if you drive on any rural section road You will find a granular type shoulder. 4 ! { B. 1976 Special Assessment Hearing 1• I.C. 51-"286, STR 75-3-17 ? School Road & Eden Court Mrs . Walztoni questioned if the City was Paving (continued) going to fi nith off Eden Court so that people cannot cut through the Skelly station. Jul l ie replied that the Skelly people are working on a berm which should make this situation much better. Glenn Britney, 7823 Eden Court, questioned street signs at the Mobil station. Jul l i e responded that the City will be putting in the street signs. Richard Beyer, 7917 Eden Court, asked what the City intends to do with the snow this winter. Jull ie stated he knew this was a rather steep bank, but believes there is enough room for snow storage. If it becomes a problem, we would have to take our r maintenance crews and do some cutting in the bank. Lois L. Rademacher, 7922 Eden Court, submitted a letter to the Council dated 9/14/76, noting that the contractor did not finish off her driveway correctly and they scooped dirt from around the culvert and left it without replacing grass. Jul l ie stated he would follow up on this request. (Letter attached) Miscellaneous Supplemental Assessments Heritage Park 1st Add. , Marco Jones, 16354 Edenwood, questioned if j Lot 6, Blk 1 (1800) service would also be available to Lot 7. Julliel 7770 West Heritage Road explained that a feasibility report was in the process and that with this report the City would determine what service is available to Mr. Jones ' property, and if his property {. would be assessed. i Mr. Jones further stated that he does have people interested in building on Lot 7. Jul 1 ie stated he would be willing to talk to him and see what the potential is there. r Section- 8, Parcel 1810, Mrs. Kasid, 17155 W. 78th Street, questioned 17155 W. 78th Street what she was being assessed for. Jullie Lateral Water replied just for water. Section 11 (3017) , Letter from legal counsel for Condon/Naegel e Section 12 (6430, and Realty Company attached dated 9/14/76 Section 13 (4735) stating their objections to assessments. E B. 1976 Special Assessment Nearing (continued) MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 1187, approving the 1976 Special Assessments, and direct staff to review the matter of interest rates. Motion carried unanimously. x IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for extension of Basswoods D-1 Apartment site to September 5, 1978. City Manager Ulstad spoke to communication from The Preserve dated . September 5, 1976 requesting a 2 year extension of the Basswoods D-1 Apartment site. MOTION: Bye roved, seconded by Meyers, to grant a one-year extension of the Basswoods D-1 Apartment site. B. Request for liquor license by Genghis Khan of Sapporo. Meyers re uested that staff be prepared to speak to parking and building codes , as certain restrictions were placed on the previous owner of this facility when he was granted a liquor license. Meyers further requested that Public Safety address the problem of traffic coming out onto Flying Cloud Drive in the evening as this is an extremely dark road. MOTION: Bye moved, seconded by Pauly, to set October 5, 1976 as the Public Nearing date for the liquor license for Genghis Khan of Sapooro. Motion carried unanimously. V. ORDINANCES R RESOLUTIONS A. 1st Readi nq of Ordinance No. 336, establishing 1 icense fees for myc_h_anical amusement_devices_.and amusement centers , amending Ordinance MOTION: Meyers moved, seconded by Pierce, to give a 1st reading to Ordinance No. 336, establishing license fees for mechanical amusement devices and amusement centers, amending Ordinance No. 280. Motion carried unanimously. B. 1st Reading of Ordinance No. 342, regulating and licensing mechanical amusement devices and amending Ordinance No. 300. MOTION: Meyers moved, seconded by Pierce, to give a 1st reading to Ordinance No. 342, regulating and licensing mechanical amusement devices and amending Ordinance No. 300. Motion carried unanimously. C. 2nd Reading of Ordinance No. 341, rezoning of the I-General located in Southwestern Eden Prairie to Planned Study. MOTIO14: Pierce moved, seconded by Meyers, to give a 2nd reading to Ordinance No. 341 , rezoning of the I-General located in Southwestern Eden Prairie to Planned Study. Motion carried unanimously. a. 4 ' Y 1%. REPORTS OF OFFICER S, BOARDS & COMMISS1014S . A. Reports of Council members. 1. Councilwoman Pauly reported on the Planning Commission meeting. t E =a 2. Councilman Pierce reported on the Community Health Forum. j i ar B. Report of City Manager City Manager Ulstad spoke to the Schoell & Madsen report concerning the proposed 1971-72 Reserve Capacity charges to the City of Eden Prairie from the Metropolitan Waste Control Commission. r Ulstad explained that he did meet with Mr. Osterholt, Mrs . Hustad, Mr. Redpath, and Mayor Penzel on September 9 as directed by the Council . Mrs. Hustad is the Metropolitan Waste Control Commission' s member from the 4th sector of the metropolitan district. We did review the Schoel l & Madsen report with them. The result of the meeting was very favorable. After the meeting Mr. Ulstad did address a letter to Mr. Strauss, Chairman of the Metropolitan Waste Control Commission , requesting an opportun i iyeto meet with their staff and ultimately appearing before the Commission. He further requested in the letter that the Metropolitan Waste Control Commission not take any definite pcsition relative to Eden Prairie at this time subsequent to the aforementioned. meeting with the staff. It is Mr. Ulstad' s understanding that the communication to :ir. Strauss was reviewed by the Cor. nission and the request was approved. 9 C. Report of Director of Community Services 1. Final Report of the Forestry Task Force _ a Director of Community Services Jessen spoke to the final report of the Forestry Task Force on Dutch Elm Disease Control dated September .14, 1976. He further complimented the task force for the excellent job they have done voicing the communities opinions and concerns . Mayers stated she thought the most important item was the recommendation on Immediate Action and questioned what kind of dollars we have available. Jessen responded we -have a 2nd tree inspector working on a part- time basis and we are trying to secure some time for a couple of our men in the maintenance department who are tree inspectors. One thing that would be helpful would be to lease some equipment to pick up debris. U1 stad explained that he would like to check the cash balance and suggest to the Council what money is available to lease equipment. MOTION: Meyers moved, seconded by Bye, to thank the task force and receive the Dutch Elm Disease Control report from the Forestry Task Force. f Further that the recommendations of the task force be discussed during the budget deliberations. Motion carried unanimously. i r, 1. Final Report of the Forestry Task Force (Continued) Bye stated that he was impressed with the report and requested the report be used as an example for other task forces, noting that it was done in a short period of time and done very well . MOTION: Meyers moved, seconded by Penzel , to direct the staff to draft a strong letter for the Mayor's signature to Hennepin County and the State Department of Agriculture requiring that all trucks hauling diseased trees be covered so that the transporting of wood does not spread the disease. Motion carried unanimously. D. Report of City Engineer 1. Final plat approval for Bristol Bay Pemtom' s Mitchell Lake PUD •City Manager U1 stad explained that he had met with the proponents and ' s has received from them their Declaration of Convenants - Conditions and Restrictions. City Engineer Jul l ie spoke to Resolution No. 1190 approving the final plat o ristol Bay, and staff memo dated September 10, 1976. City Manager Ul stad recalled that there is a scenic easement around the periphery of the residential plat and the proponent had a little difficulty with the County in describing that as an outlot. Pemtom has extended the lot line down to the lake, in the Convenants they speak to it as open space and easement. Meyers was concerned that the Convenants tell the buyers the scenic easement is going to be semi-private. Robert Davidson, legal counsel for Pemtom, stated that Pemtom does deliver Declarations to a positive buyer. In order to protect themselves, Pemtom makes it very clear to the buyer that there is an easement over his lot,that in fact other owners may be able to walk over that particular easement. Meyers explained that the intent of the City in requesting an easement was to protect and preserve the lakeshore. How would the scenic easement be enforced legally if the easement is in private ownership. Can the homeoviners vote to change the Convenants relating to the scenic easement? City Attorney Perbi x stated that enforcement would be up to the homeowner's association. They would have to go -to court to have the Convenants changed. Once they start development, it becomes very difficult. MOTION: Pierce moved, seconded by Bye, to approve Resolution No. 1190, approving the final plat for Bristol Bay, and that the afore- mentioned concerns be addressed in the rezoning agreement subject to the City Attorney's approval. Motion carried unanimously. tr E. Report of. Fi riance D i rector I . Clerk's License List dated September 7, 1976. (continued from 9/7/76 Council meeting Lieutenant Keith Wall spoke to memo dated September 13, 1976, and noted the communications from S. Snell in4s (dated 9/11/76) and Jake' s Pizza & Ice Cream Parlor (dated 9/13/76) . Lyle Olson, owner of Jake' s Pizza and Ice Cream Parlor, explained that he has the same operation in Edina, noting that the amount of off-sale is minimal and they are not competitive price-wise. s Bye expressed his concern that we have heard nothinq from the shopping center association regarding the request for a 3. 2 on-sale beer license for S. Snel l i ng ' s in the Eden Prairie Center. Lt. Wai 1 stated he world follow throuqh on Mr. Bye' s concern and would contact the head of the shopping center association. s • MOTION: Bye moved, seconded by Pierce, to approve the 3.2 on-sale and off-sale beer license for Jake ' s Pizza and Ice Cream Parlor, and continue the request for a 3.2 on-sale beer license for S. Snel 1 ing's for two weeks"Ppendi ng direction from the shopping center association. Bye, Fierce, Pauly and Penzel voted "aye" , Meyers voted "nay". Motion carried. 2. Payment of Claims Nos. 2399 - 2620. Bye questioned #2419, stating his concern about purchasing something for reimbursement later. Does not think this is a good policy. Meyers questioned #2443, and asked why we are buying wood chips . Meyers further requested that the Council be supplied with an employee roster indicating which departments they are in. MOTION: Meyers moved, seconded by Bye, to approve Payment of Claims Nos. 2399 - 2520, deleting Check No. 2448 pending further information, fi Roll Call Vote: treyers, •Bye, Pauly, Pierce and Penzel voted "aye". Motion carried unanimously. VII . NEW BUSINESS 1 A. Special budget meeting date. . MOTION: Meyers moved, seconded by Pierce, to set the special budget meeting date for Monday, September 20, 1976, 6:30 PM at the City Hall. Motion carried unanimously. B. Street names General discussion took place among Council members concerning the naming of streets in Eden Prairie. Council referred this item to the staff for their recommendations. Pauly requested that staff research the possibility of changing West 78th Street to arboretum Boulevard. C. Communir_<ition from The Preserve, to establish a Public Tearing date for Hidden Oaks. MOTION: fleyers moved, seconded by Pierce, to set October 5, 1976 as the Public Hearing date for Hidden Oaks subdivision, rezoning and preliminary plat approval . Motion carried unanimously. City Manager Ulstad spoke to the communication from the Metropolitan Council concerning a meeting to be held in the Metropolitan Council chambers , 9:00 AM, September 20, 1976, to discuss the Minnesota River crossing problem. Council requested that Mr. U1 stad attend this meeting. VIII. ADJOURNMENT OTION: Pauly moved, seconded by Meyers, to adjourn the meeting at 10:45 PM.. :otion carried unanimously. i l t