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City Council - 09/03/1974 111INUT ES EDEN PRAIRIE CITY COUNCIL Tuesday, September 3, 1974 7: 30 PMp City Hall COUNCIL ME14BERS : Mayor David W. Osterholt, John McCulloch, Joan Meyers , 11olfgang Penzel and Sidney Pauly. COUNCIL STAFF: City Manager Robert Heinrich, City Attorney Harlan Perbix, City Engineer Carl Jullie, Clerk-Finance Director John Frane. Invocation was given by Mayor David Osterholt . Pledge of Allegiance. Roll call. I. MINUTES: Minutes of the regular meeting held august 27, 1974. Corrections: Page 2, para. 4: strike "now but not again" and insert 'tone et'. Page ' 3 , para. 10: "Ring Road' should read "state 169" . Page 4, para. 9: strike "Meyers" and insert 110sterholt". 1 Page 6, para. 3 & 4: "lots" should read "sites" . Page 7, para. 10: strike "surcharge". 112. 30 to 2.45" should 1 read 111 . 30 to 1 . 4511. 1 Page 9, para. 2: strike "lost" and insert "defeated". para. 4: strike "Heinrich" and insert "Penzel". para. 6: strike end of sentence after "trails" . para. 7: strike end of sentence after "size". Motion by Meyers, seconded by McCulloch, to approve the minutes as corrected. Motion carried unanimously. II. ANNUAL AUDIT: City Manager Robert Heinrich introduced Mr. Murphy of the George M. Hansen Company, auditors for the city. He reviewed the report and offered suggestions for improvement in the area of Internal Control. He suggested the use of a rubber stamp listing the functions to be performed and a space for the initials of the person performing the function as a method to insure correct payment. Mr. Heinrich indicated this procedure would be implemented. Meyers asked if the unallocated funds of 14% was reasonable. Mr. Murphy said that 10/ was low and that 14% was average and adequate. 2 II . ANI`UAL :tUDIT: (continued) Mayor Osterholt asked if cash receipts and disbursements were handled correctly. Mr. Murphy said improvements were made in this area, with regular weekly bank deposits. He commended the staff on the year to year improvements which have been made as members have been added, McCulloch requested that the audit be reviewed earlier in the year in future years. III . PETITIONS, REQUESTS AND COD51UNICATTONS: A. Certificate of Occupancy for the John Tobler gymnastic clues. . Attorney Perbix presented a Certificate of Occupancy which is used in cases similar to this one. Penzel noted that the letter from Condor Corp. did not A acknowledge any time limits for occupancy and since this is a unique situation, he feels it should be stressed as part of the agreement. Mr. Perbix said he would amend item 3 to read 'and acknowledge that it is a special use and not to be extended beyond that time". Motion by Penzel, seconded by Pauly, to approve the issuance of the Certificate of Occupancy to John Tobler as per attached exhibit "Al' upon approval of the building by the building inspector. Pauly, Penzel, McCulloch and Osterholt voted aye. Meyers voted naye. Motion carried. I V. ORDINANCES AND RESOLUTIOITS: A. Resolution No. _886 amending Resolution No . 738 establish= - ing assessment policies for tfte Major Center Area Ring Road Project STR 72-9-26. Point 6 of Resolution No. 738 was discussed for the clarification of the word "density". Mayor Osterholt asked what provisions had been made for assessment of public facilities in the area. Mr. Heinrich said there were none to be assessed in this area; but, when they are to be considered the assessments are then computed on the trip generation basis, similar to other facilities. Perbix reminded the council that these were only guide- lines for assessments and that changes could be expected. '' I►'• ORD C_''T,1d!CES Al D RESOLUTIONS : A. ( continued) He suggested combining the Resolutions into one and affirmatively repealing the old resolutions. Motion by Pauly, seconded by McCulloch, to continue action to aep,t. 10 meeting. Motion carried unanimously. V. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: A. Report of Mayor: 1 . Appointment to the Western Area Fire Training Association ( WAFTA) Board. Mayor O sterholt announced the appointment of Kent Barker as civilian member until January 1 , 1975. Motion by McCulloch, seconded by Penzel , that the appointment be confirmed. Motion carried unanimously. B. Report of Director of Community Services: 1 . Consideration of Contractual Agreement with C. R. Pelton and Associates to provide Relocation Assistance in parkland acquisition taking glace at Anderson hakes Park. Mr. Heinrich reviewed the memo from Marty Jessen in which it was suggested that relocation assistance to landowners be handled by an outside agency. C. R. Pelton and Associates have indicated a willingness to provide such a service at an approximate cost of $150 to a2OO per family. McCulloch asked how Pelton would be paid. Perbix said they would bill the city and the city would be reimbursed by Metropolitan Council. He added that it was a reasonable deal. Meyers asked if a fee would be charged in addition to the service charge . Mr. Heinrich said there would be no fee and that each relocation would be handled on the one by one basis, as assistance was needed. It was recommended that the contract specify a maximum service charge per family and it include that reimbursement of all costs by the city be made by the Metropolitan Council. 4 fir. REPORTS OF OFFICERS , BOARDS AND COIT4ISSIOITS : B. Reoort of Director of Cor.munity Services : 1 . (continued) Motion by Penzel , seconded by McCulloch, that the staff be directed to act on the recommendations of the council in drawing up a contract with C . R. Pelton and Associates for Relocation Assistance; and continue to the September 10 meeting. Motion carried unanimously 2 . Consideration of action to repair the septic system at 8920 County Road 18. Estimated cost of repair to the septic system is 8995 . Mr. Brown has indicated a willingness to pay 1/3 of the cost if the city will pay the balance. Mr. Perbix did not agree with the memo dated august 23. He said if the ocmer of the property knew of the defect it was his duty to disclose it at the time of the sale. P- ayor Osterholt suggested that Mr. Perbix prepare a letter to Mr. Brown stating his responsibility as a seller; and relaying to him that an acceptable bid of 8995 for improvements had been received and that the cost of repair was his obligation. Motion by Meyers, seconded by Penzel, that Mr. Perbix be directed to prepare a letter to Mr. Brown, stating his obligations for the improvement and expressing the council ' s concurrence with the letter, emphasizing that Vae council is anxious to see the problem is corrected. Motion carried unanimously. 3. Letter of agreement with the Hennepin Conservation District to cooperate in providing technical services and other assistance related to soil and land conserv- ation. Motion by Penzel, seconded by Meyers, that the agree- ment with the Hennepin Conservation District be signed. Motion carried unanimously. C . Report of City Engineer: 1 . Discussion of special assessment policies for sanitary sewer, watermain, storm sewer and street improvements. Per. Jullie asked for direction from the council on specific questions on trunk assessments and for the approval of the figures proposed for lot units and net acres as presented in the draft. 5 - a V. REPORTS OF OFFICERS, BOARDS .4U D COMMISSIONS : C . Report of City Engineer: 1 . (continued) �► Penzel referred to page 3, paragraph 3, and asked if "at the time of public hearing" could rather be 'tin existence prior to a certain date" . Mr. Jullie said the time of proposal and public hearing had proven to be best. Meyers asked if the figure of $2470, on page 3, was comparable to the figure used in the Scenic Heights area. Mr. Jullie said it was the same. Meyers questioned the use of the phrase "steep slopes"' and how it could be interpreted. Jullie agreed that it could be deleted. Mayor Osterholt asked about the policies for assessment of church property. Perbix stated that there should be no exemption from assessment, per se., but that church property could be assessed on a down scale as compared to residential and commercial property. Mr. Heinrich offered to prepare a summary of the IL assessments that. have been made against existing church property. Mr. Jullie read a new law that gives the cities an option of deferring special assessments for elderly citizens on fixed income. Minnetonka has recently passed such an ordinance, he added. Mayor Osterholt said the law should be viewed with the possibility that such a policy be included in the draft of assessment policies. Meyers added that pre-payments and deferments are not automatic and need to be applied for. This should be stressed at public hearings. Motion by Meyers, seconded by Penzel , that the staff be instructed to prepare an amended draft of special assessment policies and continue to the September 10 meeting. Motion carried unanimously. 2. Resolutions for 1974 Special Assessments. Motion by Penzel, seconded by Meyers, to continue to the September 10 meeting. Motion carried unanimously. Public hearings on proposed 1974, special assessments _ will be held October 1 & 2, 1974. 6 -- t'. REPORTS OF OFFICERS, BOARDS AITD COMMISSIONS: D. Reaort of Finance Director: 1 . Clerk' s License List. Heating and ventilating license for Centraire, Inc . T•:otion by Penzel, seconded by Pauly, to approve the issuing of the license. Motion carried unanimously. 2. Payment of Claims N0. 4819 - 4962. Penzel recommended that a resolution be drafted to limit the amount of Expenditure for "buy" money. . x P•lotion by Penzel, seconded by Meyers, to approve the payment of Claims No. 4819 - 4962. On roll call, all votes were aye. Motion carried unanimously. VI . NEW BUSINESS: McCulloch asked about the rezoning of Eden Farms. Mr. _. Heinrich stated that it .would be on the agenda for the Sept. 10 or Sept . 24 meeting. y z Mayor Osterholt reported there have been requests for after- - business hours to accomodate the public. He recommended the staff consider the possibility of the city hall being open one evening or Saturday morning of each week. Meyers expressed concern that the Major Center Area report is not finalized and ready for distribution. It was recommended that it be put on the agenda for September 10, for authorization of printing. Meyers stated that in the task force discussion for MCA its apparent that an ordinance is needed that will identify the density and non-density area,s, inter_se uses, public squares, environment preservation, energy saving techniques and future rapid transit plans. This would be a special development ordinance for this area which is not covered by #135. It was recommended that the staff be directed to outline tentative procedures to get the ordinance started. Perbix announced a Southwest Legal Foundation Conference to be held in Dallas, Texas, in November. Municipal zoning will be discussed and could be helpful to anyone who could attend. VIII.ADJOUR gMEivT: Motion by Pauly, seconded by McCulloch, that this meeting adjourn. Ilotion carried unanimously. The meeting adjourned J S J at 1 1 : 10 PM. Ruth Lee, Deputy Clerk