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HomeMy WebLinkAboutCity Council - 10/18/1977 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 18, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; City Engineer Carl Jullie; City Planner Dick Putnam; Chris Enger, Landscape Architect, and Joyce Provo, Recording Secretary INVOCATION: City Manager Roger Ulstad { PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS 233 J The following items were requested to be added to the agenda: A. Reconsideration of the 2nd Reading of Ordinance No. 77-19, Norseman Industrial Park, rezoning agreement and preliminary plat B. Purgatory Creek Study request from the Parks, Recreation & Natural Resources Commission C. Request for consideration by the Council from a property owner for a hookup because of financial problems D. Discussion of Chamber of Commerce request for a joint meeting with the Council E. Communication from the Chamber of Commerce regarding post offices MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II . CONTRIBUTION OF $2,500 FOR PARK SHELTER FROM THE LION'S CLUB Mayor Penzel accepted a check on behalf of the City in the amount of $2,500 from the Eden Prairie Lion's Club for the park shelter at Round Lake. Presentation was made by Curt Connaughty, President, Mike Gust, Past President, and Charles Tebelius , Secretary of the Lion's Club. III. MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY SEPTEMBER 20, 1977 Pg. 2, strike 4th para. , and insert in lieu thereof: "Council directed the Public Safety Department to conduct random surveillance of Eden Prairie Road in an attempt to slow traffic down. " MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the Regular Council Meeting held Tuesday, September 20, 1977, as amended and Published. Pauly, Osterholt, Bye and Penzel voted "aye" , Meyers "abstained". Motion carried. A Council Minutes - 3 Tues. ,October 18, 1977 A. Request from residents of The Preserve regarding Windslope (continued) a MOTION: Osterholt moved, seconded by Bye, to continue this item to the November 15, 1977 Council meeting, and' to request the City Attorney to outline the details of the lawsuit as to where we stand, direct staff to F negotiate alternate methods of funding the landscaping, and invite The Preserve management to attend the November 15th Council meeting. Motion carried unanimously. Mr. Rainbow noted that if the City waits until November 15th, he doesn' t think the landscaping will go in before Spring. Council requested that residents in The Preserve who signed the petition received March 22, 1977, be notified that this item will be on the November 15th Council .ieeting. B. Request from residents living on Leesborough Avenue, West 66th Street, and Manchester Lane City Manager Ulstad spoke to petition received from residents living t on Leesborough Avenue, West 66th Street, and Manchester Lane, petitioning the City of Eden Prairie to install street lights to serve the area from West 66th Street to Manchester Lane, Manchester Lane north of 66th Street and Leesborough Avenue north of 66th Street. MOTION: Bye moved, seconded by Osterholt, to refer this matter to Staff for a report. Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A x A. 2nd Reading of Ordinance No. 77-30, approving rezoning from R1-22 and I-General to R1-13.5 and RM 6.5 for Vale Woods, Dirlam Properties, and rezoning agreement City Manager Ulstad explained that all documents are in order and recommended that the Council consider a 2nd reading of Ordinance No. 77-30. MOTION: Osterholt moved, seconded by Bye, to give a 2nd Reading to Ordinance 77-30, rezoning from R1-22 and I-General to R1-13.5 and RM 6.5 for Vale Woods, Dirlam Properties. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to approve the rezoning agreement for Vale Woods with the following changes: add to item 2 on page 2, "a warranty deed has been delivered to the City, and said Lot 16, Westgate Addition" ; itern 10, to read "That the ownership of the unplatted lands shall be privately owned."; and on page 3, item 4, strike" (19)" and insert "(18)" . Motion carried unanimously. B. 2nd Reading of Ordinance No. 77-32, renaming Garrison Way to Amsden Way MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-32, renaming Garrison Way to Amsden Way. Motion carried unanimously. C. 1st Reading of Ordinance No. 77-36, amending Ordinance No. 186, pertaining to the prevention and control of tree diseases. Council requested the following changes before the 2nd reading: Section 1 . , Council Minutes - 2 - Tues. ,October 18, 1977 IV. PUBLIC HEARINGS A. T.H. 5 & County Road 4, Planned Study Rezoning, consideration of properties in the NE, SE and SW. guadrants of the 4/5 intersection City Manager Ulstad spoke to Planning Commission minutes dated September 26, 1977, explaining that notices have been sent to the affected property owners. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and approve the is t Reading of Ordinance No. 77-35, rezoning the properties in the NE, SE and SW quadrants of the 4/5 intersection back to Planned Study for I year or until time of Guide Plan Update completion. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No Reports. VI . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from residents of The Preserve regarding Windslope City Manager Ulstad explained that the City has received a request from a number of residents in and around the Windslope project, and that a representative of the residents is present to outline their specific request. Mark Scholle, 8742 Leeward Circle, and Sandra Bell , 8730 Leeward Circle, requested that the City Council dismiss the lawsuit against Windslope Associates , et. al . , regarding the exterior siding on the Windslope Apartments, as Windslope Associates has offered the following residents a buffer of landscaping on their properties: Violet Spear, Mark & Barbara Scholle, Thomas' & Judith Duke, Larry and Sandra Bell , Carl & LeeAnn Bisson, William & Margaretha Ebersole , Melvin & Marie Root, Bruce & Patricia Zadach, James & Paula Rugloski , and Carol Paul . Mr. Scholle also outlined the landscaping plan to the Council . Douglas Rainbow, legal counsel for National Housing Partnerships, spoke to the agreement, stating that he had presented one copy of the agreement to the petitioners and one to City Attorney Perbix. r City Attorney Perbix commented that the City was not a part of any of these discussions between the residents and Windslope, and did not participate in nor encourage such action. Mr. Retterath, 9011 High Point Circle, stated he has a great deal of sympathy for the people who live adjacent to the Windslope project but feels the people have been intimidated right from the beginning. He further explained that there is a special committee which is called the Design Review Committee that has not been made aware of anything that has taken place here this evening, the people in the whole Preserve area have not been involved, and they are not following the guidelines of the area. Bye stated he finds the Council in a strange position in defending some people who have given up and does not see it as the City's position at this time to withdraw the declaratory judgement. Bye further commented he thought The Preserve management should be in attendance when an action is requested of the Council on a project in The Preserve. Council Minutes - 4 - Tues. ,October 18, 1977 C. 1st Readin of Ordinance No. 77-36, amending Ordinance No. 186, pertaining , to the prevention and control of tree diseases continued l 8th sentence, add at the beginning of the line"attempt to" , after "control and" insert "attempt to" , strike "this disease" and insert "these diseases"; and add a severance clause at the end of ordinance with space for signatures. MOTION: Bye moved, seconded by Osterholt, to approve the 1st Reading of Ordinance No. 77-36, amending Ordinance No. 186, pertaining to the prevention and control of tree diseases, and that the changes as indicated above be included in the Ordinance before the 2nd Reading. Motion carried unanimously. Pauly requested that Staff look into requiring the removal of dutch elm trees prior to the issuance of a building permit. VIII.REPORTS OF OFFICERS, BCARDS & COMMISSIONS A. Reports of Council Members No reports. B. Report of City "tanager 1. Suburban Public Health Nursing Service City Manager Ulstad spoke to Resolution No. 77-140, and recommended that 1 the Council consider adopting same. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-140, relating to membership in Suburban Public Health Nursing Service, Inc. Motion carried unanimously. 2. Memo from the Development Commission City Manager Ulstad spoke to memo from the Development Commission as to the activities the Commission has been participating in. He also explained that the Development Commission would like an opportunity to meet with the Council in the very near future. Dean Eds trom, Chairman of the Development Commission, stated the Commission would like to discuss with the Council where they go from here and how the Commission can best assist the City and Staff. s MOTION: Osterholt moved, seconded Bye, to set Tuesday, November 15, 1977, 6: 30 PM, for the Council to meet jointly with the Development Commission. Motion carried unanimously. g 3. Authorization to advertise for bids for 2 intermediate and 2 compact size police vehicles City Manager Ulstad explained that the term "intermediate" has been scratched, and that the request is for the Council to authorize staff to advertise for bids for 4 vehicles. MOTION: Meyers moved, seconded by Bye, to authorize the advertisement for bids for 4 police vehicles to be received on November 9th and _reviewed on November 15th.' Motion. carried unanimously. Council Minutes - 5 - Tues . ,October 18, 1977 C. Report of City Attorney 1. Helle lawsuit Item I.A. , . also considered at this point on the agenda. City Attorney Perbix explained that he had a call from one of the Council members inquiring as to how to get the 2nd Reading of Ordinance No. 77-19, Norseman Industrial Park, back on the Council agenda. Mr. Perbix informed the Council member this could be done by a simple motion for re- consideration by a member of the Council who voted on the prevailing side. Mr. Perbix explained that he has an agreement signed by Mr. Helle for submission to the Council should any one choose to consider it, and what is spoken to is Alternate 5 and the construction of West 74th Street. Mr. Helle is currently willing to give the land and construct the road for West 74th Street. The only other change is that the City shall issue a grading permit if approved by the City Engineer and, if necessary, the Nine-Mile Creek Watershed District. Bye read from Page 9 of the lawsuit which referred to himself as an individual , and stated whatever action he may, or may not, choose to take, would be on an individual basis. He further commented that the lawsuit can be disposed of, but you can' t dispose of the fact that it was said. MOTION: Meyers moved, seconded by Osterholt, to reconsider the action cf the Council on October 4th regarding the 2nd Reading of Ordinance No. 77-19, the rezoning agreement, and preliminary plat. Motion carried unanimously. ' MOTION: Meyers moved, seconded by Pauly, to separate the motion of October 4th into 2 questions : 1) 2nd Reading of Ordinance No. 77-19, and 2) rezoning agreement. Motion carried unanimously. p' Osterholt questioned that since the City is involved in a potential lawsuit, could the Council ask for a recess to meet with the City Attorney to discuss the lawsuit. Perbix stated this is a situation where the Council can meet in private. Penzel called for a 15-minute recess for the Council to discuss the lawsuit with City Attorney Perbix and City Manager Ulstad, after which time the Council reconvened in the Council Chambers. MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd Reading of Ordinance No. 77-19, Norseman Industrial Park, rezoning 16 acres from Rural to I-2 Park. Osterholt, Pauly, Meyers and Penzel voted "aye", Bye voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to adopt the rezoning agreement. Osterholt, Pauly, Meyers and Penzel voted "aye", Bye voted "nay" . Motion carried. MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 77-43, approving the preliminary plat for Norseman Industrial Park dividing 16 acres into 4 lots. Pauly, Osterholt, Meyers and Penzel voted "aye", Bye "abstained". Motion carried. Council directed the City Attorney to hold publication of the ordinance until all documents are in order. Council Minutes - 6 - Tues . ,October 18, 1977 1. Helle lawsuit (continued) Claudia Bearman, . 9955 Valley.View Road, expressed her concern that there was not a chance given for public discussion on this item. Penzel explained there was no intention to disregard Mrs . Bearman 's concerns and they were all very carefully considered. Council asked that those in the audience have a chance if they would like, to review the rezoning agreement and ask any questions they deem necessary. Upon review of the rezoning agreement, Mrs. Bearman asked if Mr. Helle is going to assume the cost of the sanitary sewer and storm sewer, or will the Bearman's and Hillger' s be assuming the cost. Jullie responded at this point Mr. Helle has not submitted a petition for sewer service and if he does and the Council receives the petition and orders a feasibility study, a Public Hearing will be called. D. Report of City Engineer 1. Consider bids for sewer and water improvements on Edenview I , Kutcher' s lst Addition and Kurtz Lane, I .C. 51-300 and watermain and street improvements on Homeward Hills Road, I.C. 51-309. City Manager Ulstad explained that bids were received as advertised Friday morning, October 14, 1977, and have now been tabulated and sent to the Council for review. Bids outlined in communication from Rieke, Carroll , Muller Associates , Inc. , dated October 14, 1977. City Engineer Jullie answered questions of Council members . 1 Ronald Hanson, 15809 South Eden Drive, questioned if the homeowners would have the option not to hook up, and stated he was satisfied with the figures quoted by RCM. Jullie responded the homeowners would have the option to hook up; however, if the homeowners have trouble with their system, the present City ordinance provides for one pumping then the property owners must hook up. Tim Pierce, 15909 West 62nd Street, questioned if the work is not completed this year, would the price be fixed. Jullie responded that was provided for in the bid documents as the cost would be firm through October of next year. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-141 , ordering sewer and water improvements in Edenview I. Kutcher's 1st Addition and Kurtz Lane, and authorize the Mayor and City Manager to enter into a contract with Johnson Brothers Corporation in the amount of $655,401 .50, and Brown & Cris, Inc. in the amount of $171 ,839.75, the lowest responsible bidders. Roll Call Vote: Meyers, Bye, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. City Engineer Jullie explained that the City will be securing easements and would appreciate the cooperation of the property owners in processing them as soon as possible. Council Minutes - 7 - Tues. ,October 18, 1977 2. Final Plat approval for Basswoods 3rd Townhouse Addition Y a MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. < 77-142, approving the final plat for Basswoods 3rd Townhouse Addition. Motion carried unanimously. E. Report of Finance Director x 1. Clerk's License List MOTION: Meyers moved, seconded by Osterholt, to approve the Clerk's License List dated October 18, 1977. Motion carried unanimously. ' 2. Payment of Claims Nos. 7127 - 7235 MOTION: Osterholt moved, seconded by Bye, to approve Payment of Claims Nos. 7127 - 7235. Roll Call Vote: Osterholt, Bye, Meyers, s Pauly and Penzel voted "aye". Motion carried unanimously. Osterholt stated he would like to have City property inventoried and accounted for and felt someone should be charged with that responsibility. IX. NEW BUSINESS A. Reconsideration of the 2nd Reading of Ordinance No. 77-19, Norseman Industrial Park, rezoning agreement and preliminary plat ff This item was discussed under item VIII . C. I. B. Purgatory Creek Study request from the Parks, Recreation & Natural Resources Commission This item was continued to the November 15th Council agenda to be discussed and considered at that time. C. Request for consideration b the Council from a property owner for a hook- up because of financia pro ems City Engineer Jullie spoke to Resolution No. 77-143, receiving 100% petition and ordering sewer hookup at 18811 Duck Lake Trail , and explained the problem the property owner is having. Perbix requested that a "Whereas" clause be added to the resolution regarding the health, welfare, etc. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 77-143 with suggestion by Perbix to be included in the resolution, receiving 100% petition and ordering sewer hookup at 18811 Duck Lake Trail . Motion carried unanimously. Pauly requested that somehow a hardship be demonstrated, i .e. , notarized_financial statement. i Council Minutes - 8 - Tues. ,October 18, 1977 D. Discussion of Chamber of Commerce request for a joint meeting with the Council 5 Council members requested that the Chamber of Commerce invite the Council to meet with them. E. Communication from the Chamber of Commerce regarding post offices Council requested that this item be placed on a future Council agenda in the form of a resolution. City Manager Ul stad reminded the Council members of the Metropolitan Airports Commission meeting on November lst at the Vo-Tech School regarding Flying Cloud Airport (Ordinance No. 51 ). Council members requested that Mrs. Suel , MAC member, be called and told that the Council meetings are held the first Tuesday of each month, and ask if the MAC meeting could be postponed. X. ADJOURNMENT MOTION: Pauly moved, seconded by Osterhol't, to adjourn the Council meeting at 11 :00 PM. Motion carried unanimously.