City Council - 10/01/1974 MINUTES
EDEN PRsAIRIE CITY 0017NCI:L
Tuesday, October 1 , 1974 7: 30 Purl, City Hall
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COUNCIL MEMBERS: Mayor David I-i'. Octerholt, John McCulloch,
Joan Meyers, Sidney Pauly, and Wolfgang
Penzel.
COUNCIL STAFF: City Manager Robert Heinrich., City Attorney
Harlan Perbix, City Engineer Carl Jullie,
Planner Dick Putnam, Director of Community
Services Marty Jessen, Clerk-Finance
Director John Frane.
Mayor Osterholt cited the Public Safety Department for their
speed and efficiency in their recent attempt to save the life of
the infant son of Mr. and Mrs. Andrew Dani,luk. He expressed
regret that the efforts were in vain and extended the sympathy
of the Council members to the Daniluk family. Mr. Jack Hacking
responded for the department, saying that it is always their
endeavor -to provide the best service to the people of the
community but, regretfully, there are these times when even the
best afforts are not enough.
t Pledge of Allegiance.
Roll Call. Absent : John I.1cCulloch.
I . MINUTE'S OF THE REGULAR MEETING HELD SEPTE'IMBER 24, 1974.
Corrections:
Page 2 : para. 3, first line, insert "trespassing,". after to
second line, insert "damage-restitution liability"
after "o►•rners" d.rd trefore . "and" .
para. 7, "to table the ordinance indefinitely"
should read "to deny the adoption of the ordinance" .
para. 10, "acce.s " should read "proposed access" .
insert "Boulevard" after "Westgate" .
last para. , should read "Meyers said the request is
contrary to the intent of the Guide Plan for this
area of Hi;hw y 5 and should not be considered
separately, and the requests for traffic .safety
improvement, from businesses and, neighborhoods ' along
highway 5" .
Page 3 : para. 5, "specifically the northeast quadrant of
highways 4 & 5" should read "in the highways 4 P 5
intersection area, giving priority to the northeast
quadrant" . .
para. 10, aftcr "Planning Comrmissionll insert "and
City Attorney and on the basis that the site does
not meet the 5 acre requirement for this land uses' ,.
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I . IVtINUTES OF THE REGULAR MEETING HELD SEPTEMBER 24 P 1974.
( continued)
Page in the first motion, correct the vo+e to read:
"Pauly, Penzel, McCulloch and Meyers voted aye.
Osterholt voted nay e. Motion carried. "
last para. , correct- to read "Motion by Penzel" .
Page 5 : III, B, 5 , para. 1 , correct to read : "Meyers
suggested the word "may" be substituted for the words
"will" and "shall" and the phrase "while protecting;
the integrity of Anderson Lakes Wildlife Park and the
purpose of the scenic easement" be substituted for
"to encroach more closely to or possibly upon the
Anderson Lakes in order to benefit from the wildlife
nature of the Lakes. " (para. 2)
Page 6 : III, B, 7, in the motion, correct to read: "for the
purpose of taking minutes at its meetings. " q
last para. , insert "to the City" after "deed".
Page 8: under New Business, "announced" should read "asked" .
P-Totion by Meyers, seconded by Penzel, to approve the minutes
as corrected. Motion carried unanimously.
II . PUBLIC HEARINGS:
1974 Special Assessment I'_earing dates officially set for
October 2, 1974, for Ring Road Project STR 72-9-26, and
October 1 , 1974, for all other projects listed under
Resoluticn No. 896.
Public response to the Hearing set for this meeting was
limited due to the i_icorrect date given in mailed notices.
Ray Mitchell appeared before the Council to protest damage
to his property caused by the upgrading of Hiawa oha Avenue
and the raising. of adjoining.-property. The latter caused
%eater to drain onto has property and resulted in the install-
ation of storm serer to correct the problem. The area of
land involved includes 17 ' x 300 ' for the road and. 5 ' x 200 '
for easement. He asked that the City reimburse him for the
damages, stating that his attorney had advised a $5,000.
settlement. The City has made a verbal offer of :a80O. as
compensation for damages. Perbix offered to secure an
appraisal on the value of the land involved and further
advise the Council on the matter.
Willard Moline, Rosemount Inc. , directed the atteZ Lion of
the Council members to his letter of September 27, 1974,
empx_?.sizing their concern over the three proposed methods
of assessment for the Ring Route Project and their sugges-
tions for mcdif.ication of them. He urged con_:.dGratioz
of th•'qir suggestion. by the Council, in estab?; os:zing pole te cis
for assessments in this area.
Motion by Penzel , seconded by Meyers, to continue the
special assessment hearing to 7: 30 Pm, October 2, 1974.
Motion carried unanimously.
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III . PETITIONS, REQUESTS-A'TID COIU.:UNICATIONS:
A. Letter from George M. Hansen Company dated 9/23/74.
Motion by Penzel , secon-J"ed by Pauly, that in view of
past favorable dealings with the George Hansen Company,
the Council accept their proposals and authorize the
audit fee, not to exceed 0400, typing included. On roll
call, all votes were aye. Motion carried unanimously.
B. Letter from Dennis Walztoni, Transportation Director,
Eden Prairie Schools dated 9/26/74.
Discussion was held on the 3 options proposed by the
Board of Education for temporary office facilities for
the transportation director. It was determined that
option B was the most acceptable but would require screen-
ing in the nature of a privacy fence.
Osterholt asked what would be required in terms of a
permit. Perbix replied that there is nothing in the
codes to permit temporary office facilities, outside of
those used by contractors. Perbix recommended a written
statement from the School Board saying that the facility
would be removed in. 2 years, if the proposal is accepted.
Motion by Pauly, seconded by Meyers, that the Staff
' request the School Board to submit their proposals for
a permanent solution to the problem and to agree that if
a permit is granted for temporary office facilities such
facilities will be removed in 2 years, and that the Board
work out screening possibilities for Option B. Motion
carried unanimously.
C. Letter from Helge G. Olson, Director. of Property
Management, Hennepin County.
The letter requests waiver of penalty on past due
payment of assessments.
Motion by Penzel , seconded by Meyers, to deny the request
for waiver of penalty. Motion carried unanimously.
IV. REPORTS OF OFFICERS , BOARDS AND C014MISSIONS:
A. Report of Director of Community Services.
1 . Consideration of Final Purchase Agreement and Barrier
Design with The PreservF;,
Mr. Perbix presented the Agreement with the a ol2ot:ing
changes :
Addendum, Segment A. add a last sentence, "Seller shall
submit proposals and costs estimates to Buyer for
approval prior to construction.
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IV. REPORTS OF OFFICERS , BOARDS , AND COVIIIISSI0NS.
B. Report of the Planning Director.
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1 . (continued)
Motion by Meyers, seconded by Pen. --1, to refer the
report as amended to the Plannir,- 'commission Motion
carried unanimously, for actic.. ,
C. Report of the City Attorney.
1 . Discussion of repair of defect : sewer s ste= on
P Y
recently acquired park proper_ .
Mr. Perbix reported that he h,. been in contact with,
Mr. Brown by phone and by let . er. He read the letter
received from Mr. Brown, rest-;.ting that the City should
share in the costs of the xe air. In his letter to
the City Engineer, Perbix re;:ommended that the City
pay one-half of the costs.
Motion by Penzel, seconded by Meyers, to authorize
the hiring of Chris Construction to repair the septic
system according to City specifications in the amount
of 3950. The City will reimburse Mr. Brown in the
amount of $475. On roil call , all votes were aye.
Motion carried unanimously .
D. Report of the Finance Director.
1 . Sale of houses located on perk property.
The four houses are located on Timber Trail, kmsden
Road and Mitchell Road and would be sold for removal
from their present sites.
Motion by Penzel, seconded by Meyers, to accept the
report of the Finance Director dated September 26,
and authorize the advertisement for bids for a sale
date of November 4, 1974. ;potion carried unanimously.
E. Report of the City Manager.
1 . Letter of resignation.
Motion by Penzel , seconded by Meyers, to accept the
resignation of the City I%;aaager and to instruct the
staff to draw up proposals for advertisei;iert in
trade journals for applications for the Council ; s
consideration; and that the Council establish them—
selves as a committee as a whole to act on
applications. Motion carried unanimously.
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V. NEW BUSIi ESS:
Penzel raised the question of chat can be done to get
more "completeness" in the minutes and ;till not end up
With volumes of material . Positive discussion was held
on how much should be included in terms, of "completeness"
and on the accuracy of the minutes. The secretary said that
no indication has been made: on how much to include; and that
most of the corrections to the minutes reflect discrepancy
between what was said and recorded and what Council members
thought they said, or meant to say. The Mayor agreed that
often, in long discussions, it is easy to firget exact words
and who said them. Mr. Perbix suggested that the Council �
members indicate what they want "reflected in the minutes"
as discussion is held; and, that if precise wording is
important the motions be repeated or put in writing. The
Council members offered their help to the secretary; and it
was agreed that this would help resolve the matter.
Meyers asked what progress is being made on the enforcement
of the sign, ordinance. She stated that on a recent drive alcrg iE
from west City limits to Spring Road she counted 28 signs E
and was concerned. aIz6ut-thp .number-. She was assured that
action was being taken on enforcement,
VI. ADJOURrPIENT:
Motion by Penzel, seconded by Meyers, that a meeting be
held Monday, October 7, at 7:00 Pm, to discuss the budget.
Motion carried unanimously.
Motion by Penzel, seconded by Meyers, that this meeting be
adjourned. Motion carried unanimously.
The -3eeting adjourned at 10 : 30 P14.
Ruth Lee, Deputy Clerk