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City Council - 11/26/1974 MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 26, 1974 7:30 PM, CITY HALL COUNCIL MEMBERS : Mayor D . W. Osterholt , Joan Meyerss John McCulloch, Sidney Pauly, Wolfgang Penzel was absent COUNCIL STAFF: City Manager Robert P. Heinrich City kttorney Harlan Perbix; Clerk- Finance Director John Frane; Planner Dick Putnam; Director of Community Services Marty Jessen; 1 Engineer Carl Jullie Invocation was given by Councilwoman Meyers. Pledge of Allegiance . Roll Call. I. MINUTES OF REGULAR MEETING HELD NOVEMBER 59 1974. Page 2, Para. 4, strike "He would not do what is being requested for some period of time , " and insert "he felt he had previously answered the question as to the legality of the earlier corres- pondence and that the land is secured by the Landhold Agreement ." Page 2, Para. 6, 2nd line, strike "that agreement" and insert "Ordinance 135 . " Page 2 , Para. 6, 5th line , change i to 5 . Page 2, Para. g, lash line , strike "is improper zoning and should be rezoned, " insert "improperly rezoned to rural." Meyers moved to approve minutes as corrected, McCulloch seconded. Motion carried unanimously. MINUTES OF REGULAR MEETING HELD NOVEMBER 122 1974. Page 5 , Para . $, Correct to read "Meyers and Pauly voting appro- val, Osterholt and McCulloch voting against . . . " . Page 6, Para. $, strike balance of paragraph starting with 115%." Insert 11$25 ,000. Several Council members asked him who would pay for this as state aid was not available and property owners would not pay. Mr. Jullie answered that MSH funds -could be used to pay for the study and the study itself would evaluate the methods available for funding the entire project cost ." Page $, last para. , strike "No. 2619 " insert "No. 278." Page 9, last para. , strike "stands" , insert "published. " Pauly moved to approve minutes as corrected, Meyers seconded. Motion carried unanimously. t Council Minutes -2- November 26, 1974 II. BID AWARDS : �. A . Sale of homes on City-owned park lands. s .. n .. - u.. ++., o Mr. Frane presented the iiiatter to 'oursc-L1, W.1 s.,..ted the School Board was no longer interested in the Hanson house mentioned in their letter of November 22, 19?4. z Meyers moved to authorize sale of homes to highest bidder as listed c a "Sale of Homes" bid sheet, McCulloch seconded. Motion carried unanimously. Mr. Frane statedthere were some out buildings on this land and they would be sold piece-meal for $200 or less. He will furnish Council with a report of these sales. B. Public Safety Fire Truck. Mr. Frane stated City received two bids . Meyers moved to approve the low bid of $9,600.00 by Tovm•s Edge Ford, Pauly seconded. Motion carried unanimously. III. PUBLIC HEARINGS : A . Sanitary sewer and water main improvement; along Duck Lake Trail and within the Lochanburn Addition, Projects SAN 73- �+ 1-219 SAN 73-7-21 WR 73-2-21, WTR 73-8-21, I.C. 51-269. Mr. Jullie asked Mr. Husby of Rieke Carroll Muller Associ- ates , Inc. to present this matter to the Council. Mr. Husby explained the proposed project . He mentioned several methods of supply sewer and water to the residents of Lotus View Road. Also, how the area will be served and plans for servicing future development. He outlined the costs involved for sewer/water and curb` gutter. A Pre- liminary Assessment Roll was presented to Council. Council members questioned Husby and Jullie about the costs involv- ed,, how the residents felt about the project , alternatives! etc. Messrs. Husby and Jullie responded. Mr. Gary Nielsen, Tartan Curve, stated he couldn't see where concrete curb and gutter would benefit property owners any more than black top which is a lot cheaper. Mr. Loren Irvine, Lotus View Drive, voiced his concern about routing of the trunk line as he felt it was better to come from Hidden Ponds than Duck Lake Trail. Mr. Irvine said he thought they were going against the natural drainage of the land. Mr. Husby explained the reasons for the planned route and said they would recheck the drainage , but felt they were using the best method for the lay of the land. Council Minutes -3- November 261 1974 III. PUBLIC HEARINGS : ( Cont ' d. ) A . Mrs . Sue Keller requested a 6-8 foot bikeway be included in the Duck Lake Trail improvements. The bikeway would connect to Hidden Ponds . Mayor OsterhClt said they would research this matter and inform her accordingly. Mr. Paul Albrecht , Lochanburn Addition, asked if water and sewer was in Hidden Ponds and if so, why they couldn't bring this service in from Hidden Ponds rather than Duck Lake Trail which is further away. Mr. Husby replied they were using the proposed method as the lay of the land was better than from Hidden Ponds. Mr. Robert Kruell asked Council whether they were forcing development by bringing in water and sewer which some people felt was not necessary. Mayor Osterholt questioned the assessment roll figures and if the project would be covered by assessment. Mr. Jullie said the assessments would not cover total project cost and the City would have to subsidize the rest . He said if the lots getting service were to divide , they would be assessed accordingly. Mr. Tom Miller said some of the lots could not be divided as the houses were set in the middle of each lot . Mr. Jullie explained the City assesses the additional assess- ment only if the lot is divided. Mr. Miller questioned the method of drainage being proposed. Several homeowners said the drainage was different than that of the proposed project . Mr. Irvine stated putting service along 101 can do nothing but force development as homes cannot be built along the highway due to MSH code . Mr. Husby said final design has not been completed and no firm answer has been received from MSH Dept. Mr. McCulloch asked if the City has had or has other projects not fully covered by assessment . Mr. Jullie said, "yes" . Mr. Irvine stated an Ecklund and Swedlund representative led them to believe the trunk line would come from Hidden Ponds as the lines were buried deep enough. Mr. Jullie said he wondered whether the residents were inter- ested in having water and sewer at this time . S Council Minutes -4-- November 261, 1974 III. PUBLIC HEARINGS : (Cont ° d. ) A . Pauly moved to direct staff to contact homeowners on the Preliminary Assessmient Roll on Lotus View Road as to their desires concering the wrier/sewer, curb/gutter project and to report back to the Council by Dec. 10, 1974, Meyers seconded. Motion carried unanimously. Mr. Jullie said bids will be received for the Lochanburn Addition with and without curb and gutter. He said they did not know if Chanhassen would be participating with the City for this project . He said Resolution No. 917 could be passed subject to reporting back to Council. Mr. Robert Harley, Tartan Curve asked when the plans and specifications will be ready and if they would be able to see the difference with curb and gutter and without . Mr. Joe Michelle asked if they would be able to vote on whether they wanted curb and gutter. Mayor Osterholt said the Council will decide in accordance with the wishes of the majority of property owners . Mr. Kruell stated some people want curb and gutter and Council should not be mislbd by people present this evening . Mrs . Sue Keller asked if a petition was in order. Mayor Osterholt said it would help the Council in determin- ing the wishes of the property owners. IV. PETITIONS , REQUESTS 8: COMh,IUN ICA T IONS : A . Communication from Gerry Lane regarding Atherton Homeowners Associlation and Newtown Development Corporation Common- rounds Accontancc . Mr. Gerry Lane requested the Council to direct the staff to send z letter to Mr. Doug Johnson outlining his obliga- tions to the homeowners and that he meet the City Building Cole requirements . Mrs . Meyers asked Mr. Jullie if there was some kind of bond posted by the developer that could be used to correct the - problems being encountered by the homeowners. Air. Jullic said there w^s a bond posted, but it did not cover the sewer system v.►hich is a private one and not the best . The Council members discussed the abuses of homeowners and whether the City should have an ordinance to protect them. ."also, should a performance bond be requested of deveopers. Mr. Lane said he thought the City should set standards for Homeowner Associations so problems like this could be avoided in the future , and that most homeowners are not aware of their rights until the project is 70% completed. y Council Minutes -5- November 26, 1974 IV. PETITIONS, REQUESTS & COMMUNICATIONS: (Cont ' d.) A . Mr. Perbix said the problem is the scime for Homeowner lissociltions as it is for Z single homeowner, only on a larger scale . He said if the City Building Code was ;;iolaated, the bond posted by the Onveloper would help. Meyers moved to refer to Inspection Dept. and City !Attorney for their review and recommendations and report back to Council by Dec. 10, 1974 meeting, Pauly seconded. Motion carried unanimously. B. Communication from Duane H. Dietrich regarding Occupancy a of Bui ldin at 7770 Mitchell Road. a f McCulloch moved to receive and file communication from Mr. Dietrich dated 11/11/74, Pauly seconded. Motion carried unanimously. V. ORDIN:LNCES AND RESOLUTIONS : A . First reading of Ordinance No. 277 establishing salaries of the Mayor and Councilmen for the City of Eden Prairie . McCulloch moved to strike from agenda, Meyers seconded. Motion carried unanimously. �... VI. REPORTS OF OFFICERS BOARDS & =24ISSIONS: k. Report of the Human Rights Commission. 1. Mr. Robert Williams prosented ;.his matter to the Council. He stated he would like to see a change in Ordinance 135 so group care homey for retarded adults could be estab- lished in Eden Prairie without all the difficulties encountered in Richfield. He stated he would like to see a change in the Ordinance so that the home care unit could be arranged without the necessity of a public hearing each time . He pointed out the difference be- tween the home care unit and drug addiction, half way home centers , etc. He feels the City should arrange a way for the home c re units to be established which would be fair both to the nearby property owners and the retarded adults. He said he is talking concepts and thanks some legal refinement may be necessary in the wording of his request . [ Mr. Perbix said he thought this should be referred to j the Planning and Zoning Commission. Pauly moved to refer to Planning and Zoning Commission, Meye ro seconded. Motion carried unanimously. Council Minutes --6- November 26, 1974 r VI. REPORTS OF OFFICERS, BOARDS & C014MISSIONS : (Cont' d. ) B. Rcport of Councilwoman Meyers. j 1. Discussion of the preparation of the Development Ordinances for the Major Center Area. Meyers moved that the staff submit a report by the 2nd meeting in January, 1975, for Council consider- ation on suggested procedure for incorporating into an MC''L Development Ordinance the recommendations of the MC;L report . The Staff report should include consultant requirements , projected cost, community participation, a study time frame and suggested j technical approaches. Pauly seconded. Motion carried unanimously. F a 2 . Discussion of the extent of financing for local Bi- centennial Program.. Meyers moved that, the Council outhori ze , from the Community Services Budget , the operational ex enses of the Bi-Centennial Committee not to exceed 9300 r through 19769 and that the Committee be instructed to develop preliminary program proposals and pro- jected costs by P"I"arch 1975 for Council consideration of specific program funding. Pauly seconded. Motion carried unanimously. C . Report of City Engineer: 1. Discussion of alternate alignments for Ring Road in the northwest quadrant . Mr. Jullie said Mr. Town requested the Ring Road alignment be shifted to the east closer to, if not on, common property line between his .and Mr. Car- penter's property. Mr. Jullie did not think this should be dons: because of the cost and stated that Mr. Teman will have good access to the Ring Road when it is completed. Mr. Sheldon Johnson, representing fir. Taman, explained ► Mr. Teman feels he is somewhat removed from the Ring Road. He said Mr. Teman will put down in writing his feelings and requested Council to withhold action until they receive the letter. Mr. Carpenter said he has no opposition to Alternate IIL, but does have some opposition to Alternate II. Moyers moved to confirm the alignments as originally outlined in report from Howard Needles Tammen & Berg- endorf, McCulloch seconded. Motion curried unanimously. Council Minutes -7 November 269 1974 VI. REPORTS OF OFFICERS , BOARDS & COMMISSIONS:: (Cont ' d. ) C . Rcport of City Engineer (Coat ' d. ) 2 . ' gist:r-d Land S,wz.;•,ey of Ridgewood nro joct by Preferred Developers Corp. in The Preserve. Mr. Jullie pru--sented to Council. Mrs. Meyers asked Mr. John Schnobrich if the developer planned to sell the split off portion. Mr. Schnobrich said they had no plans to do so at this time . 1 Meyers moved to approve the Registered Land Survey of Lots 2 and 3 . block 1, Highpoint Addition. McCulloch seconded. Motion carried unanimously. a x 3 . Final plat of Creckwood Estates , 2nd Addition, an 18 lot single family residential plat located east of Creek Knoll Road and north of Co. Load 1, Resolution No . 919. McCul.lcch moved to approve Resolution No. 919 subject to following conditions: Land along Creek be dedicated per drawing resentod and items 2, 3 & 4 of the Engin- eer' s ( 11/p22/74) report . Pauly seconded. Motion carried unanimously. 4. Change Order No. 1 for Scenic Heights area utility proJocts under I. C . 51-262. Resolution No. 918. McCulloch moved to approve Resolution No. 9189 Meyers seconded. Council members McCulloch, Meyers, Pauly, -nd Osterholt voted in favor of the motion. Motion carried unanimously. 5 . Resolution for new Municipal State Aid Street designa- tion on future Valley View Road from Co. Road 4 to N-S p^rkway in Hidden Ponds. Resolution No. 915. McCulloch moved to approve Resolution No. 915 and direct staff to advise School District of this action. Pauly seconded. Motion carried unanimously. 6. Resolution authorizing participation in the Suburban Rate Authority, directing the execution and delivery of a Joint Powers agreement and designating a repre- sontative of tha City as its member on the Board of the Suburban Rate Authority. 4L Moyers moved to approve Resolution no . 916 and designate Mr. Jullie as Eden Prairie representative . McCulloch seconded. Motion carried unanimously. Council minutes -$- November 26, 1974 VI. REPORTS OF OFFICERS,,_ BO1RDS & COMMISSIONS : (Cont' d. ) C. 7. Status report on Neill Lake storm sewer pro`e� ct. Mr. Pcrbix presented to Council. He stated he told the people compl.^.fining about the contractor on this pro-4cct to put- their feelingG fir_ writing to the Council. Mr. Nick Wessman stated his concern about contractors bidding on z job and then subbing out 100�A of the job. Pauly moved to receive and file Engineer's memo on Neill Lake Storm Sewer Project dated November 211 1974. Meyers seconded. Motion carried unanimously. $. Discussion of Draft Environmontal Impact Statement for U.S. 212 from Colo ne to I-494. Mr. Jullie indicated the E.I.S. document was available. He said we should take the same approach to this state- ment as we did to the Crosstown study. Mayor Osterholt stated he felt there should be public meetings if there is time. Meyers moved to direct staff to proceed as outlined by Messrs. Jullio and Putnam and report back to the Council so that meetings can be scheduled for the public. McCulloch seconded. Motion carried unanimously , D. report of Community Services Director; 1. Discussion of position paper on the Metropolitan Open SRa ce Plan. Mr. Frnne suggested this matter be moved to Dec. 3 meeting. McCulloch moved to reschedule this matter for Dec. 3 Meeting, Meyers seconded. Motion carried unanimously. 2. Recommendation of Park and Recreation Commission for 1974-75 Skating Season. Mr. Jessen presented to Council. He explained there were approximately 30 people at Park and Rec. Commission meeting last night to voice their support for $ or 9 mini-skating rinks. The City will secure leases from property owners for best access to rink areas . Council members questioned Mr. Jessen regarding main- tenance, lighting, etc. Council Minutes -9- November 269 1974 VI. REPORTS OF OFFICERS_, BOARDS & COMMISSIONS: (Cont' d. ) D. 2. Mr. Perbix stated his only concern would be with warming houses that were unmanned and the City's liability for sane . Moyers moved that the Council approve the concept of temporary skating facilities as outlined in Mr. Jessen' s memo of November 25, 1974 and instruct Park and Rec . Commission to finalize plans and not to exceed $3000 budget for 1974-75 season. Pauly seconded. Motion carried unanimously. E. Report of Public Safety Director: 1. Discussion of Federal Grant Application. Officer Hacking presented to Council. Stated he felt this would be beneficial to the community if they were accepted for the grant . He outlined the costs for the 3-year period and cxpinined the procedure for applying. 1st year - 90 o Federal, 5% State , 5% City ($4500) . 2nd year - 60�6' Federal, 400 (State & Local) . 3rd year - 40J Federal, 60% (State & Local) . He said the application must be submitted by Feb.3 , 1975, and they would know if accepted in March of 1975 . Funds would be disbursed in July of 1975 . McCulloch moved to authorize preparation of Federal Grant application, Meyers seconded. Motion carried unanimously. F. Report of City Attorney: 1. Discussion of the possibility of an appeal on the Fiscal Disparities Bill . _ Mr. Perbix stated he has met with 6 or g attorneys from other communities who wish to appeal this matter. Bloomington will send out a draft . He thinks we should join in support of legal agrument. No action. 2. Continuation of the discussion of the corlmunication from Thomas J. Stearns , Public Utility Rate Expert, Assistant St, Paul City Attorney. Mr. Perbix stated he talked to Mr. Stearns and felt they were only looking for moral support at this time and felt the SRA would be helpful. �` No action. Council Minutes -10- November 26, 1974 VI. REPORTS OF OFFICERSt BOARDS & COL114ISSIONS : (Cont ' d. ) G. Report of City Manager: 1. Discussion of Wednesday night community activities. Mr. Jessen presented to Council. He stated the Park u„d Rcc. Commission has no firm feelings at this time . They have had some citizen feedback and it was informal- ly discussed nt Nov. 4 meeting. There have been very fear activities in thc; past on Wed. night . The ministers of Eden Prairie Churches have voiced their opposition to Wed. night activities. a Mayor Osterholt presented a letter from John and Patricia Rogers dated November 26, 1974 stating their opposition to City activities on Wed. nights. Mr. Claire Kispert appo ared before the Council to rcquest this . night be left for people to go to church or stay at home. McCulloch moved that we attempt to schedule no City `:ctivitics on Wed. nights, Meyers seconded. Motion carried un,,-inimously. 2. Compensation procedures for City employees for fiscal 1975. No action. 3 . Report on rezoning of paper recycling building. No action. H. Report of Finance Director: 1. Clerk's License List . McCulloch moved to approve list , Meyers seconded. Motion carried unanimously. 2. Payment of Claims Nos , 5450-5 53 5 and 5284, 53139 53149 and 53.56. McCulloch moved to :approve payment of claims , Meyers seconded. Council Members McCulloch, Meyers, Pauly and Osterholt voted in favor. Motion carried unanimously VII. NEW BUSINESS: Meyers - requests rescheduling or cancelling Dec. 24, 1974 Council meeting. • VIII . ILDJOURNMENT : IL McCulloch moved to adjourn, Pauly seconded. Motion carried unanimously. Moot i np- nA ini)rned .nt 11 : 5n PM.