City Council - 09/14/1976 APPROVED MINUTES
. EDEN PRAIRIE CITY COUNCIL 4
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TUESDAY, SEPTEMBER 14,1976 7:30 Piet, CITY HALL '
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
• Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbi x
City Engineer Carl Jul lie '
Finance Director John Frane
Recording Secretary Joyce Provo }
INVOCATION: Reverend Alden Keiski , Eden Prairie Methodist Church a
PLEDGE OF ALLEGIANCE
ROLL CALL: Meyers iPauly, Pierce and Penzel present; Bye arrived at meeting
at 8: 20 PM.
1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda under the "New
Business" category: J,
A. Special budget meeting date_
B. Street names.
C. Communication from The Preserve to establish a Public Heari n9 date
for Hidden Oaks.
MOTION: Pierce moved , seconded by Meyers, to approve the agenda as amended
and published. Motion carried unanimously. (Bye not in attendance at time of vote),
II. $3,000,000. 00 IMPROVEMENT BOND SALE
Seegar Swanson, Jr. , V. P. , Ehlers & Associates, appeared before the Council
and congratulated Eden Prairie for receiving a "A" bond rating from Moody' s.
Mr. Swanson explained that two bids had been received for the $3,000,000.00
of improvement bonds, the lowest bid from Banc Northwest and the 2nd lowest
bid from Piper, Jaffray _& Hopwood, Inc. (Bid tabulations attached dated
September 14, 1976.)
MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 1188, authorizing,
selling and establishing the terms of $1 ,640,000. 00 General Obligation Water
and Sewer Bonds (Series 9), on which Banc Northwest was the low bidder. Motion
/ carried unanimously, (Bye not in attendance at time of, vote).
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II. $3,000,000.000 IMPROVEMENT BOND SALE (continued)
MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1189,
authorizing, selling and establishing the terms of $1,360,000.00 General
_ -Obligation Im Improvement Bonds of 1976 and P providing for their payment,
on which Banc Northwest was the low bidder. Motion carried unanimously. x
(Bye not in attendance at time of vote) -
III. PUBLIC HEARINGS 1
A. Ziegler, Inc. , request for PUD Concept approval of approximately 57
acres of Industrial uses and variances from the 1-5 District for
approximately, 14 acres which are zoned. The PUD is located in the NW
quadrant of Valley View Road & Washington Avenue. 1
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City Manager Ulstad spoke to communication from Ziegler, Inc. , dated r
September 13, 1976,requesting that their item be removed from the agenda.
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MOTION: Pierce moved, seconded by Meyers, to receive and file letter from
Ziegler, Inc. , dated September 13, 1976. Motion carried unanimously.
B. 1976 Special Assessment Hearing
City Manager Ulstad explained that affidavits are on file which call for
this Public Hearing, and all affected-property owners have been
contacted. This is an opportunity for those affected property owners
to be made aware of the proposed assessment roll , and also an opportunity
for them to express their concerns . y
City Engineer Jullie spoke to revised Resolution No. 1187, approving
the 1976 Special Assessments and attached Exhibit A. Jullie further
explained that on Exhibit A there were 9 project descriptions listed,
and any persons requesting to be heard do so in the order of the
project number. (Projects are listed only if concerns were expressed):
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I .C. 51 -274
Areas F & G Preserve, Sewer, water, Lee Johnson, The Preserve,
storm sewer and streets stated he would like F
the Council to consider passing
on some of 'their good fortune A
in their bond rating to the
property owners.
City Manager Ulstad stated he
would have to research this with
the finance department to see
whether this can be done.
I .C. 51-27, SAN 74-1-20
Lateral sanitary sewer for the Harry Marriott, 6891 Beach Road,
Cove area questioned if those who have been
paying and not receiving the
benefits would be receiving a credit.
City Engineer Jullie explained that
property will be computed individually,
and Mr. Marriott should call City
Hall to find out what his credit would
be.
B. 1976 Special Assessment Hearing
I.C. 51-281, STR 75-3-13
a-i ng Ri 1 ey lake Road J. J. Sfiuldhiess raised no objectiofis
to project, just questioned amount
per foot.
I. C. 51-286, STR 75-3-17
School Road b Eden Court A. G. Peterson, 7818 Eden Court,
Paving questioned when he would have to•pay
-for the extra 3 feet to come to his
driveway.
City Engineer Jullie explained there were
several requests by property owners
to have the edge of the bituminous
brobght in to meet their driveway. The
City would do this only if we have
disrupted an existing blacktop driveway. t
Otherwise, we suggested that the property
owners make their own arrangements with the
contractor, and the contractor will do
the billing. Mr. Peterson stated the
contractor said this would be a part of the
assessment. Mr. Jullie explained he will
look into this situation.
Robert Sharpe, 7904 Eden Court, questioned
if the original thought was to raise the-
road 6
City Engineer Jullie explained that the
design was 3 112" bituminous. In some
cases the road was widened out because
it was less than 22 feet. In these cases
the ground was higher on the edging.
Mr. Sharpe further stated that he had
previously put in a blacktop driveway,
when the City raised the road, it did
not fit in with the road. Questioned when
they brought it in and leveled it off,
is there an existing charge. Jullie replied
there would be no charge for this additional
work.
Dennis Walxtoni, 7841 Eden Court, questioned
what it was going to be like on the edge
of the road.
Juili•e replied the City will be adding
crushed limestone rock to insure good
{ drainage at the edge of the driveways and
there will also be areas that have to be
resodded. This is called a rural section road
and if you drive on any rural section road
You will find a granular type shoulder.
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B. 1976 Special Assessment Hearing
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I.C. 51-"286, STR 75-3-17 ?
School Road & Eden Court Mrs . Walztoni questioned if the City was
Paving (continued) going to fi nith off Eden Court so that
people cannot cut through the Skelly station.
Jul l ie replied that the Skelly people are
working on a berm which should make this
situation much better.
Glenn Britney, 7823 Eden Court, questioned
street signs at the Mobil station. Jul l i e
responded that the City will be putting
in the street signs.
Richard Beyer, 7917 Eden Court, asked what
the City intends to do with the snow this
winter. Jull ie stated he knew this was
a rather steep bank, but believes there is
enough room for snow storage. If it becomes
a problem, we would have to take our r
maintenance crews and do some cutting in
the bank.
Lois L. Rademacher, 7922 Eden Court, submitted
a letter to the Council dated 9/14/76, noting
that the contractor did not finish off her
driveway correctly and they scooped dirt
from around the culvert and left it without
replacing grass. Jul l ie stated he would
follow up on this request. (Letter attached)
Miscellaneous Supplemental
Assessments
Heritage Park 1st Add. , Marco Jones, 16354 Edenwood, questioned if j
Lot 6, Blk 1 (1800) service would also be available to Lot 7. Julliel
7770 West Heritage Road explained that a feasibility report was in the
process and that with this report the City
would determine what service is available
to Mr. Jones ' property, and if his property {.
would be assessed.
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Mr. Jones further stated that he does have
people interested in building on Lot 7.
Jul 1 ie stated he would be willing to talk to
him and see what the potential is there. r
Section- 8, Parcel 1810, Mrs. Kasid, 17155 W. 78th Street, questioned
17155 W. 78th Street what she was being assessed for. Jullie
Lateral Water replied just for water.
Section 11 (3017) , Letter from legal counsel for Condon/Naegel e
Section 12 (6430, and Realty Company attached dated 9/14/76
Section 13 (4735) stating their objections to assessments. E
B. 1976 Special Assessment Nearing (continued)
MOTION: Meyers moved, seconded by Bye, to close the Public Hearing
and adopt Resolution No. 1187, approving the 1976 Special Assessments,
and direct staff to review the matter of interest rates. Motion carried
unanimously. x
IV. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for extension of Basswoods D-1 Apartment site to September 5, 1978.
City Manager Ulstad spoke to communication from The Preserve dated .
September 5, 1976 requesting a 2 year extension of the Basswoods D-1
Apartment site.
MOTION: Bye roved, seconded by Meyers, to grant a one-year extension
of the Basswoods D-1 Apartment site.
B. Request for liquor license by Genghis Khan of Sapporo.
Meyers re
uested that staff be prepared to speak to parking and building
codes , as certain restrictions were placed on the previous owner of this
facility when he was granted a liquor license. Meyers further requested
that Public Safety address the problem of traffic coming out onto Flying
Cloud Drive in the evening as this is an extremely dark road.
MOTION: Bye moved, seconded by Pauly, to set October 5, 1976 as the
Public Nearing date for the liquor license for Genghis Khan of Sapooro.
Motion carried unanimously.
V. ORDINANCES R RESOLUTIONS
A. 1st Readi nq of Ordinance No. 336, establishing 1 icense fees for
myc_h_anical amusement_devices_.and amusement centers , amending Ordinance
MOTION: Meyers moved, seconded by Pierce, to give a 1st reading
to Ordinance No. 336, establishing license fees for mechanical
amusement devices and amusement centers, amending Ordinance No. 280.
Motion carried unanimously.
B. 1st Reading of Ordinance No. 342, regulating and licensing mechanical
amusement devices and amending Ordinance No. 300.
MOTION: Meyers moved, seconded by Pierce, to give a 1st reading to
Ordinance No. 342, regulating and licensing mechanical amusement
devices and amending Ordinance No. 300. Motion carried unanimously.
C. 2nd Reading of Ordinance No. 341, rezoning of the I-General located
in Southwestern Eden Prairie to Planned Study.
MOTIO14: Pierce moved, seconded by Meyers, to give a 2nd reading to
Ordinance No. 341 , rezoning of the I-General located in Southwestern
Eden Prairie to Planned Study. Motion carried unanimously.
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Y 1%. REPORTS OF OFFICER
S, BOARDS & COMMISS1014S
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A. Reports of Council members.
1. Councilwoman Pauly reported on the Planning Commission meeting. t
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2. Councilman Pierce reported on the Community Health Forum.
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B. Report of City Manager
City Manager Ulstad spoke to the Schoell & Madsen report concerning the
proposed 1971-72 Reserve Capacity charges to the City of Eden Prairie
from the Metropolitan Waste Control Commission.
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Ulstad explained that he did meet with Mr. Osterholt, Mrs . Hustad,
Mr. Redpath, and Mayor Penzel on September 9 as directed by the Council .
Mrs. Hustad is the Metropolitan Waste Control Commission' s member from
the 4th sector of the metropolitan district. We did review the Schoel l
& Madsen report with them. The result of the meeting was very favorable.
After the meeting Mr. Ulstad did address a letter to Mr. Strauss,
Chairman of the Metropolitan Waste Control Commission , requesting an
opportun i iyeto meet with their staff and ultimately appearing before the
Commission. He further requested in the letter that the Metropolitan
Waste Control Commission not take any definite pcsition relative to
Eden Prairie at this time subsequent to the aforementioned. meeting with
the staff. It is Mr. Ulstad' s understanding that the communication to
:ir. Strauss was reviewed by the Cor. nission and the request was approved.
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C. Report of Director of Community Services
1. Final Report of the Forestry Task Force
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Director of Community Services Jessen spoke to the final report of the
Forestry Task Force on Dutch Elm Disease Control dated September .14, 1976.
He further complimented the task force for the excellent job they
have done voicing the communities opinions and concerns .
Mayers stated she thought the most important item was the recommendation
on Immediate Action and questioned what kind of dollars we have
available.
Jessen responded we -have a 2nd tree inspector working on a part-
time basis and we are trying to secure some time for a couple of our men
in the maintenance department who are tree inspectors. One thing that
would be helpful would be to lease some equipment to pick up debris.
U1 stad explained that he would like to check the cash balance and suggest
to the Council what money is available to lease equipment.
MOTION: Meyers moved, seconded by Bye, to thank the task force and receive
the Dutch Elm Disease Control report from the Forestry Task Force.
f Further that the recommendations of the task force be discussed during
the budget deliberations. Motion carried unanimously.
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1. Final Report of the Forestry Task Force (Continued)
Bye stated that he was impressed with the report and requested
the report be used as an example for other task forces, noting that
it was done in a short period of time and done very well .
MOTION: Meyers moved, seconded by Penzel , to direct the staff to draft
a strong letter for the Mayor's signature to Hennepin County and the
State Department of Agriculture requiring that all trucks hauling
diseased trees be covered so that the transporting of wood does not
spread the disease. Motion carried unanimously.
D. Report of City Engineer
1. Final plat approval for Bristol Bay Pemtom' s Mitchell Lake
PUD •City Manager U1 stad explained that he had met with the proponents and '
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has received from them their Declaration of Convenants - Conditions
and Restrictions.
City Engineer Jul l ie spoke to Resolution No. 1190 approving the final
plat o ristol Bay, and staff memo dated September 10, 1976.
City Manager Ul stad recalled that there is a scenic easement around
the periphery of the residential plat and the proponent had a little
difficulty with the County in describing that as an outlot. Pemtom
has extended the lot line down to the lake, in the Convenants they
speak to it as open space and easement.
Meyers was concerned that the Convenants tell the buyers the
scenic easement is going to be semi-private.
Robert Davidson, legal counsel for Pemtom, stated that Pemtom does
deliver Declarations to a positive buyer. In order to protect
themselves, Pemtom makes it very clear to the buyer that there is an
easement over his lot,that in fact other owners may be able to walk over
that particular easement.
Meyers explained that the intent of the City in requesting an easement
was to protect and preserve the lakeshore. How would the scenic
easement be enforced legally if the easement is in private ownership.
Can the homeoviners vote to change the Convenants relating to the scenic
easement?
City Attorney Perbi x stated that enforcement would be up to the
homeowner's association. They would have to go -to court to have the
Convenants changed. Once they start development, it becomes very difficult.
MOTION: Pierce moved, seconded by Bye, to approve Resolution No. 1190,
approving the final plat for Bristol Bay, and that the afore-
mentioned concerns be addressed in the rezoning agreement subject to the
City Attorney's approval. Motion carried unanimously.
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E. Report of. Fi riance D i rector
I . Clerk's License List dated September 7, 1976. (continued from
9/7/76 Council meeting
Lieutenant Keith Wall spoke to memo dated September 13, 1976, and noted the
communications from S. Snell in4s (dated 9/11/76) and Jake' s Pizza & Ice
Cream Parlor (dated 9/13/76) .
Lyle Olson, owner of Jake' s Pizza and Ice Cream Parlor, explained that
he has the same operation in Edina, noting that the amount of off-sale
is minimal and they are not competitive price-wise.
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Bye expressed his concern that we have heard nothinq from the
shopping center association regarding the request for a 3. 2 on-sale
beer license for S. Snel l i ng ' s in the Eden Prairie Center. Lt. Wai 1
stated he world follow throuqh on Mr. Bye' s concern and would contact
the head of the shopping center association.
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• MOTION: Bye moved, seconded by Pierce, to approve the 3.2 on-sale and
off-sale beer license for Jake ' s Pizza and Ice Cream Parlor, and continue
the request for a 3.2 on-sale beer license for S. Snel 1 ing's for two
weeks"Ppendi ng direction from the shopping center association. Bye,
Fierce, Pauly and Penzel voted "aye" , Meyers voted "nay". Motion carried.
2. Payment of Claims Nos. 2399 - 2620.
Bye questioned #2419, stating his concern about purchasing something
for reimbursement later. Does not think this is a good policy.
Meyers questioned #2443, and asked why we are buying wood chips .
Meyers further requested that the Council be supplied with an employee
roster indicating which departments they are in.
MOTION: Meyers moved, seconded by Bye, to approve Payment of Claims
Nos. 2399 - 2520, deleting Check No. 2448 pending further information, fi
Roll Call Vote: treyers, •Bye, Pauly, Pierce and Penzel voted "aye".
Motion carried unanimously.
VII . NEW BUSINESS 1
A. Special budget meeting date. .
MOTION: Meyers moved, seconded by Pierce, to set the special budget
meeting date for Monday, September 20, 1976, 6:30 PM at the City Hall.
Motion carried unanimously.
B. Street names
General discussion took place among Council members concerning the naming
of streets in Eden Prairie. Council referred this item to the staff for
their recommendations.
Pauly requested that staff research the possibility of changing West 78th
Street to arboretum Boulevard.
C. Communir_<ition from The Preserve, to establish a Public Tearing date
for Hidden Oaks.
MOTION: fleyers moved, seconded by Pierce, to set October 5, 1976 as
the Public Hearing date for Hidden Oaks subdivision, rezoning and
preliminary plat approval . Motion carried unanimously.
City Manager Ulstad spoke to the communication from the Metropolitan Council
concerning a meeting to be held in the Metropolitan Council chambers , 9:00 AM,
September 20, 1976, to discuss the Minnesota River crossing problem. Council
requested that Mr. U1 stad attend this meeting.
VIII. ADJOURNMENT
OTION: Pauly moved, seconded by Meyers, to adjourn the meeting at 10:45 PM..
:otion carried unanimously.
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