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HomeMy WebLinkAboutCity Council - 03/06/1979 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 6, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath A COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; City Engineer Carl Jullie; Finance Director John Frane, and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. a I. A:lA2D OF CERTIFICATE OF MERIT TO OFFICER STEVE CEIGER FRnM PPFCTnENT CARTFR, AND AWARD OF CERTIFICATE OF APPRECIATION TO DANIEL LOBSTEIN FROM THE AMERICAN RED CROSS Ms. Vickerman, representing the American Red Cross, presented the Certificate of Merit Award to Officer Steve Geiger from President Carter, and the Certificate of Appreciation Award to Daniel Lobstein from the American Red Cross, for saving the life of Heidi Cady. Mavor Penzel expressed sincere thanks and commendation to Officer Geiger and Daniel Lobstein on behalf of the City Council and the citizens of Eden Prairie. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was requested to be added to the Council Agenda as item IX. A. 3: Hazardous Waste meeting before the Legislature. MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. III . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 6, 1979 Pg. 11 , 4th para. , 8th line, strike language "that the water in the mini-park be made more difficult for youngsters to get into" and insert in lieu thereof: "that the tot lot be separated as much as possible from the ponding area". MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the February 6, 1979 Council meeting as amended and published. Motion carried unanimously. IV. CONSENT CALENDAR A. Request to set a Public Hearing for rezoning from Rural to R1-13.5 for Cardinal Creek for April 3, 1979 B. Request to set a Public Hearing for rezoning of Outlot A, Crestwood 73 by Mr. Dorenkemper and Mr. Wilson, for April 3, 1979 Council Minutes - 2 - Tues. ,March 6, 1979 C. Request to set a Public Hearing for rezoning of .9 acres from Public x to R1-22 for United Methodist Church for April 3, 1979 D. Set hearing date to vacate T.H. 169 slope easements for April 17 1979 Resolution No. 79-45 E. Receive 100% petition and order improvements for Round Lake Estates 2nd Addition , I. C. 51-351 Resolution No. 79-46 F. Approve specifications and authorize bids for water meters G. Final plat approval for Shady Oak Industrial Park (Resolution No. 79-47) H. Resolution No. 79-49, authorizing submission of the City of Eden Prairie Community Development Program to Hennepin County for consideration as part of the Urban Hennepin County_ Community MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent Calendar. Motion carried unanimously. PUuL?C IILARINGS A. Super Valu Shopping Center at Co. Rd. 18/Anderson Lakes Parkway, request to preliminary plat and rezone from Rural to C-Comma, 10 acres located in tha SW quadrant of Anderson Lakes Parkway-and Co. Rd. 18 (Resolution No. 79-22 and Ordinance No. 79-01 Continued Public Hearing from February 6, 1979 Mayor Penzel explained the Council has received a communication from the proponents requesting that this item be continued to the April 3rd Council meeting, as certain issues have not been resolved that were requested by the Council at the February 6th meeting. MOTION: Osterholt moved, seconded by Redpath, to continue the Super Valu Shopping Center Public Hearing to April 3, 1979. Motion carried unanimously. Ray Bieber, 9870 Garrison Way, stated he believes the shopping center as proposed is too large for the area , and that the traffic will become too heavy if the shopping center is approved. VI. REPORTS OF ADVISORY COMMISSIONS A. Request from the Human Rights & Services Commission for Joint Work Session with the Council or March 13, 1979 City Manager Ulstad explained the Human Rights & Services Commission have suggested March 13, 1979 as the date for the Joint Work Session with the Council. However, if the Council would prefer another date, the Commission is amenable to changing the date. MOTION: Redpath moved, seconded by Edstrom, to tentatively set Monday, March 12, 1979, after the regularly scheduled Human Rights & Services Commission meeting, to meet Jointly with the Commission. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Richard Hipp, Hi ' s Mitchell Heights Fourth Addition to pre Timi nab p a t 13 acres zoned RM 6. 5 into 29 duplex lots 58 units) Th e site is located in the sout west corner o Tamarack Trai an Mitchell Road. (Resolution No. 79-21) Continued from 2120179 Council meeting Council Minutes 3 - Tues . ,March 6, 1979 A. Request by Richard Hipp, Hipp's Mitchell Heights Fourth Addition (continued) Mr. Filippi of Filippi & Associates, Inc. , representing Mr. Kipp, spoke to the revised plat dated March 2, 1979. Mr. Filippi along with Don Sorensen, legal counsel for Mr.' Hipp, answered questions of Council members. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-22, approving the preliminary plat for Hipp' s Mitchell Heights Fourth Addition as per revised plat dated March 2, 1979, consisting of 28 lots (56 units) , and directed staff to modify the developer' s agreement to include changes as outlined in the revised plat, and that the retaining walls are to be 5 feet off the lot line and a fence or dense plantings be included on top of the retaining walls. Motion carried unanimously. VIII. ORDINANCES & RESOLUTIONS A. Resolution No. 79-50, requesting the Minnesota Department of Transportation to put additional manpower, consulting assistance and effort into the 212 project Mayor Penzel requested that Congressman Frenzel 's name be added to the list to receive a copy of Resolution No. 79-50 if adopted. and also Senators Durenberger and Boschwitz. Amendments were made in Resolution No. 79-50 as follows : 1st WHEREAS clause, ist line, add "south and" before "west" ; and in the 3rd WHEREAS clause, f( 1st line, strike the language after "resolution" and all of the 2nd line. 4. Pauly stated she thought the Council should sign and send this resolution on, but also felt individual letters should also be sent as discussed at the February 20th Council meeting. Penzel suggested including the resolution as a supporting piece of evidence along with the letters. Council members agreed. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-50 as amended, requesting the Minnesota Department of Transportation to put additional manpower, consulting assistance and effort into the 21r,23 project. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. Appointments to the Citizens Advisory Commission on Cable TV T ! Mayor Penzel recommended the appointment of Larry Van Meter to the Citizens Advisory Commission on Cable TV, MOTION: Osterholt moved, seconded by Redpath, to appoint Larry Van Meter to the- Citizens Advisory Commission on Cable TV as recommended by Mayor Penzel . Motion carried unanimously, 2. Appointment of Council Representative to the CATV Study Commission MOTION: Osterholt moved, seconded by Pauly, to appoint Councilman Redpath to serve as the Council 's Representative to the CATV Study Commission. Motion carried unanimously. 1 Council Minutes - 4 - Tues. ,March 6, 1979 x 3. Hazardous Waste meeting before, the Legislature Councilman Edstrom volunteered to attend the Hazardous Waste meeting before the Legislature on March 13, 1979. B. Report of City Manager 1. Bill from the Metropolitan Waste Control Commission t City Manager Ulstad stated back in the early part of 1976 he requested of the Council some outside consulting service to develop a report that we could use in our reviewing of an existing bill from the Metropolitan Waste Control Commission stating what the City owes. City Engineer Jullie explained the report reviewed different responsible methods that could be used by the MWCC to compute our reserve capacity charge instead of the method that they are using. The other method resulted in charges to the 'City, the lowest one would have been $122,000.00 using a variation of the sac method, up to $883,000.00 which would be the Iva method, except using the most current Metropolitan Council population projections. The Metropolitan Haste Control Commission is suggesting our bill is $1 ,219,000.00 plus interest , The basic fallacy we have tried to point out to the MWCC staff is that they did not include the total service area when splitting the cost, they only spread the cost to the communities that had pipe in place. The MWCC countered by saying that was the direction from the legislation that created the sewer ; district, and tha-Z. the MWCC has the power to levy the charges in that manner. After reading the legislation it says they may do it that way, it doesn't say they have to do it that way. If they had charged taking into account the whole service area , our charges would be $594,000.00 instead they are saying $1 ,219,000.00. Jullie commented City staff i went over all the various methods and didn't get too far with the MWCC. i Jullie suggested paying an add-on to the sac charge, all connections to the sewer system must pay a surcharge of $75.00 starting in the first repayment year to $215.00 in the last year, providing a total repayment of $1 ,665,000.00. The City has yet .to go before the MWCC for their ' concurrence, but feel the MWCC' s staff is prepared to accept this proposal . i Ulstad noted the MVICC is stating the City owes $1 ,643,000.00 as of 1977. The City is proposing a payment over the next 26 years that will amount to $1 ,665,000.00, which is about the same amount money that we owe. It is the same dollars spread over 26 years and .cheaper dollars when you get out 26 years, which is free of any additional interest charges. Ulstad I feels we cannot negotiate any further, short of just saying that we do not feel the bill is justifiable. ! City Attorney Pauly stated the present proposal before the Council has spread the payments out to 26 years at $1 ,665,000.00, so there appears to be a substantial reduction from the 1976 proposal. i MOTION: Redpath moved to direct staff to approach the MWCC and request acceptance of the repayment schedule as outlined in letter of May 23, 1978. Motion died for lack of a second. k MOTION: Osterholt moved, seconded by Edstrom, to refer this matter to the City Attorney for a report and opinion at a future Council meeting. Motion carried unanimously. Council Minutes - 5 - Tues. ,Ma rch 6, 1979 _ 2. Amendment to Personnel Resolution No. 1088 Mayor Penzel stated he would like to see some cross reference from communities of our size as to the kinds of policies presently in force, and also some cross reference from the private sector, i.e. , Rosemount, MTS and Eaton Char Lynn. City Manager Ulstad explained he put this item on the agenda for discussion purposes realizing there was not any back-up material included. As requested, Mr. Ulstad commented he will prepare the information and bring this item before the Council at the March 20th Council meeting. MOTION: Osterholt moved, seconded by Edstrom, to receive the information to-date and place the amendment to the Personnel Resolution on the March 20, 1979 Council agenda. Motion carried unanimously. C. Report of City Attorney No report. D. Report of City Engineer 1. Right-of-entry agreement for Dell Road project, I.C. 51-326 City Engineer Jullie spoke to the right-of-entry agreement and recommended the Council consider approval of same. City Attorney Pauly commented it is the obligation of the City to do that work under the settlement with Mr. Pautz. MOTION: Redpath moved, seconded by Edstrom, to approve the right-of-entry agreement for Dell Road project,' I.C. 51-326. Motion carried unanimously. 2. Discuss MCA transportation plan Penzel referred to memo from City Engineer Jullie dated March 2, 19791 and asked if Council members had any questions, Osterholt stated he, would like Staff to tell the Council how much of the net City share is State Aid and how much is General Levy, Frane explained he has the figures but not readily available at the present time, , Osterholt requested these figures be supplied to Council members, a Penzel suggested authorizing Staff to prepare a feasiblity report and take a closer look at the numbers, and at that point once the feasibility report has been accomplished, make a determination as to how to proceed as far as the total project is concerned - whether In yearly intervals or as a package. Penzel personally feels there is some urgency to this, and there is a real benefit from having the feasibility report in hand, The precise location is becoming more and more fixed, and even if the Council decided not to do the whole package, the information will be of value although the dollar figures may have to be adjusted, Council Minutes - 6 - Tues. ,March 6, 1979 2. Discuss MCA transportation plan (continued) rUlstad explained Staff went through the whole procedure with the property owners in the MCA on at least 5 different occasions. One of the concerns was- the $500.00 per acre. For the most part all of the property owners are in accord with that - there will be a property owner or two that will appear before the Council and request some relief of the $500.00. Ulstad commented in no way did Staff assure them they were going to get relief. The property owners are nodding their heads in approval of all the rest of the points addressed in Mr. Jullie's memo, including dropping of the lawsuit. MOTION: Redpath moved, seconded by Osterholt, to authorize Staff to prepare a feasibility report on the proposed improvements, and to authorize the expenditure of $4,200.00 to be paid to Bather, Ringrose, Wolsfeld, Inc. to make plan revisions for Project No. 5. Roll Call Vote: Redpath, Osterhoit, Edstrom, Pauly and Penzel voted "aye" . Motion carried unanimously. E. .—po. 1. Payment of Claims Nos. 3352 - 3507 MOTION: Edstrom moved, seconded by Redpath, to approve Payment of Claims Nos. 3352 - 3507. Roll Call Vote: Edstrom, Redpath, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. X. NEW BUSINESS No new business. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Osterholt,to adjourn the meeting at 8:55 PM. Motion carried unanimously. `1 ,: - - COST SUHMARY - (for Interceptor Reserved Capacity Allocation Only) s P Y Y) For Detatle4 Calculations 1971 Reserved 1972 Reserved Combined 1971-72 thod of See Appendix Capacity Capacity Reserved Capacity ,llocation -Page # Allocation Allocation Aliocation MWCC Method, except using most current Metro Council popu- A-1 lation projections A-2 $462,040 $421 ,320 $883,360 MWCC Method, except ' using old popula- tion projections spread over total area of sewer ser- A-3- vice area #4 A-4 $258,223 $239.912 $498,135 MWCC Method, except using most current Metro Council papu- iation projections spread over total area of sewer ser- A-5 vice area #4 A-6 .$307,646 $286,434 $594,08C1 Original Southwest ,nitary Sewer�( , strict Method A-7 S 87,466 S 93,047 $180,513 MWCC "SAC" Method currently in use (Note that this also includes A-8 $31,350 -$91,300 treatment works $i22,b50 reserved capa- city) MWCC Method being A-9 disputed by A-10 Eden Prairie A-11 $682,022 $537,161 $i,2190183 Note: Total charges paid MWCC in 1975 $192,115.33 37777 - y , 3, TO: EDEN PRAIRIE CITY COUNCIL MEMBERS FROM: RESIDENTS LIVING NEAR THE SHADY OAK HUD DrEVELOPMENT AREA , DATE: MARCH Lt, 1979 f We the undersigned residents of Eden Prairie would like to bring to your attention that we are concerned about the proposed changes in the Shady Oak PUD plan which has been submitted to the council for approval by Gustafson and Associates, Inc, The presentation of this revised plan, as we see it, does not c-nform, to the original 1968 Comprehensive Guide Plan for the City of Eden Prairie, nor does it conform to the udpated plan of 1979. Further, it does not conform to the 1971 PUD plan for this area. We, as neighboring residents, do still support the 1971 PUD. Since all of us who own homes in th-s area based our purchase, or had an input in the planning and setting up of the Comprehensive Guide Plan, we cannot see anything but a personal loss of value and a general deterioration of the /area�.� be use of this pro o fed PUD.it� p0�-�'Y1 ��v-/v• • — o z z - K3 J "✓ r 7, 2 GCS'