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City Council - 09/20/1977 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL C TUESDAY, SEPTEMBER 20, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, r Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Keith Simons; City Engineer Carl Jullie; Director of Community Services Marty Jessen; Finance Director John Frane; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: Bye, Osterholt, Pauly and Penzel "present"; Meyers "absent". I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Resolution receiving petition for utility and street improvements in Country Vista plat B. Hendrickson Land Hold Agreement MOTION: Osterholt moved, seconded by Pauly, to approve the agenda 'as amended and published. Motion carried unanimously. II. INTRODUCTION OF WARD DAHLBERG, MANAGER, MUNICIPAL LIQUOR STORE City Manager Ulstad introduced Ward Dahlberg, the Manager of the Municipal Liquor Store._ III . MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, AUGUST 16, 1977 Pg. 4, 2nd para. , 2nd line, after "l 1/2 V strike the remainder of, the sentence and insert in lieu thereof the following: "above the net interest rate on these bonds for this project." Last para. , last sentence, strike "Preserve Boulevard" and insert "Anderson Lakes Parkway" . Pg. 5, 2nd para. , 2nd line, strike "Preserve Boulevard" and insert "Anderson Lakes Parkway". Pg. 9, last line on the page, strike "PM" and insert "AM MOTION: Osterholt moved, seconded by Pauly, to approve the minutes of the Regular. Council Meeting held Tuesday, August 16, 1977, as amended and published. Motion carried unanimously. a Council Minutes - 2 - Tues . ,September 20, 1977 IV. PUBLIC HEARINGS A. 1977 Special Assessment Hearing (Resolution No. 77-122) City Manager Ulstad read the introduction to the Special Assessment Hearing and called upon City Engineer Jullie to explain the scope of each project and the proposed assessment roll . Ulstad further announced that members of the City Engineering Staff are available in the Annex Building to give specific assessment information anyone might desire. City Engineer Jullie outlined the total project cost and assessment data for each project. Leon Kruse, 9250 Eden Prairie Road, and Floyd Sable, 9580 Eden Prairie Road, spoke in opposition to I .C. 51-293, Street improvement on Eden Prairie Road south of County Road 1 , stating they felt this was a very poor job, i .e. , the road has washed out in front of Mr. Sable' s home, Eden Prairie Road has become a race track, and it is dangerous for school buses at the curve by Mr. Kruse's home when cars are travelling at a faster speed than usual . COVncil directed the Public Safety Department to conduct random surveillance of Eden Prairie Road in an attempt to slow traffic down. City Engineer Jullie spoke to the supplemental assessment list and the following asked questions of Mr. Jullie: Mrs. Evans , 17017 Townline Road, asked for consideration of a deferral of the trunk assessment on their property until such time as a lateral is available. Jullie explained that trunk levies are made on the districts served on a particular trunk line. James Carter, 15901 North Lund Drive, explained that he has been trying to market property but has been unable to do so due to the soil quality. Jullie requested that Mr. Carter submit a letter with a soil exploration indicating the soil borings prior to the October 4th Council meeting for Plat #56856, Parcel 3800, Edenview 2nd. Lloyd Cherne, 8580 Flying Cloud Drive,questioned if a property owner wants to be deferred on a homestead, do they have to be over 65 years old. City Manager replied in the affirmative to Mr. Cherne's question. A recess was called for the purpose of giving people an opportunity to inquire of the Engineering Staff as to any questions they may have on their assessments. MOTION: Osterholt moved, seconded by Pauly, to instruct staff to make a mailing to the property owners of 10 acres or less advising them of the option of an additional deferment for 3 years with interest to accumulate over the period of time as it has over the last 5 years, and that the property owner must request deferment prior to October 4th. Osterholt and Pauly voted "aye" , Bye and Penzel voted "nay". Motion failed. r Cal Anderson, 7214 Topview Road, requested a deferment on his property on West 78th Street and questioned what affect Green Acres may have on this. Keith Simons , City Attorney, stated that Green Acres is another form of deferment and it would take precedent over any action the Council may take. MOTION: Bye moved, seconded by Pauly, to continue the 1977 Special Assessment Hearing and Resolution No. 77-122 to the October 4, 1977 Council meeting. Motion carried unanimously. SG6G Council Minutes - 3 - Tues. ,September 20, 1977 A. 1977 Special Assessment Hearing (continued) ' City Engineer Jullie spoke to the written request from Don Peterson, Edenvale, objecting to some of the trunk sewer and water assessments. Council requested that this request be referred to the Staff and placed on file. g. B. Garrison Forest 2nd Addition, The Preserve, request to rezone from Rural to R1-13.5 and preliminary plat 43 lots on approximately 25 acres i City Manager Ulstad explained that the proponent has asked for a continuation of this Public Hearing to the October 4, 1977 Council meeting. MOTION: Pauly moved, seconded by Osterholt, to continue the Public Hearing for Garrison Forest 2nd Addition by The Preserve to the October 4, 1977 Council meeting. Motion carried unanimously. C. Gunnarson Land Development, re ues'tto rezone 2.3 acres at 12975 Pioneer Trail from Rural to I-2 Park Ordinance No. 77-25 City Manager Ulstad spoke to request from Mr. Gunnarson that this Public Hearing be continued to a date uncertain. MOTION: Osterholt moved, seconded by Bye, the the Gunnarson Land Development Public Hearing be deleted from the agenda and not be placed on a future agenda until republished. Motion carried unanimously. D. 1978 City Budget City Manager Ulstad spoke to the additional information requested by the Council at the September 12th Council meeting. He further stated that the request from the Parks , Recreation & Natural Resources Commission for capital outlay for park improvements has been removed from the budget request, noting that this item can be considered by the Council at any time. Ulstad explained that the mill levy for 1977 was 16.256 mills, and the proposed mill levy for 1978 is 17.287 mills . Finance Director Frane and Director of Community Services Jessen answered questions of Council members. Jessen explained that two places the tree disease control segment of the budget could be reduced were 1) reduction in the subsidy payments, and 2) hauling of the trees. He further stated that the subsidy area is where the biggest bite is taken. General discussion took place pertaining to the clear cutting of trees, both by developers and the City, and what incentives could be given for reforestation. MOTION: Bye moved, seconded by Osterholt to continue final consideration of the 1978 City Budget to the October 4, 1977 Council meeting. Motion carried. unanimously. ,( V. REPORTS OF ADVISORY COMMISSIONS No reports . S�ov7 Council Minutes - 4 - Tues. ,September 20, 1977 VI . ORDINANCES & RESOLUTIONS f A. 1st Reading of Ordinance No. 77-32, renaming Garrison Way to Amsden Way 4 MOTION: Bye moved, seconded by Pauly, to continue the 1st Reading of Ordinance No. 77-32 to the October 4, 1977 Council meeting. Motion carried unanimously. B. Resolution No. 77-126, removing restrictions on Lots 5 and 6 in Edenvale's Greens Addition MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 77-126, removing s restrictions on Lots 5 and 6 in Edenvale's Greens Addition. Motion carried unanimously. UII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS s A. Reports of Council Members 1. 2 Appointments to the DeveloeTent Commission (1 term to expire 2/28/78, and 1 term to expire 2/28/79 i MOTION: Bye moved, seconded by Osterholt, to continue the appointments to the Development Commission to the October 4, 1977 Council meeting. t Motion carried unanimously. { B. Report of City Manager �. 1. Request to set a Public Hearing for Universal Land Corporation (Knoble Addition) for October 18, 1977 MOTION: Bye moved, seconded by Pauly, to set November 1 , 1977 as the Public Hearing date for Universal Land Corporation (Knoble Addition) . Motion carried unanimously. 2. Request to set a Public Hearing for Standard Oil for October 18, 1977 MOTION: Bye moved, seconded by Pauly, to set November 1 , 1977 as the Public Hearing date for Standard Oil . Motion carried unanimously. 3. Request to set a Public Hearing for Edengate for October 18, 1977 MOTION: Osterholt moved, seconded by Pauly, to set November 1 , 1977 as the Public Hearing date for Edengate. Motion carried unanimously. Bye requested a legal review by the City Attorney prior to the Public Hearing. C. Report of Director of Community Services 1. Report from the Parks, Recreation & Natural Resources Commission on Cash Park Fee Policy/Land dedication requirements Director of Community Services Jessen reported on the action taken at the Parks, Recreation & Natural Resources Commission on September 19, 1977. MOTION: Osterholt moved, seconded by Bye, that this item be placed on a future agenda and that a written report be submitted to the Council . Motion carried unanimously. 5G6 S Council Minutes - 5 - Tues. ,September 20, 1977 2. Parks Maintenance Equipment City Manager Ulstad spoke to memo from Marty Jessen dated September 1 , 1977 recommending that the Council authorize the expenditure of $34,277 for parks maintenance equipment. Ulstad further explained that he would like to change the request to $7,000 for a 1 ton stake truck, and $14,000 for a 7 gang mower with broom and cab. MOTION: Bye moved, seconded by Osterholt to authorize the adyertisement for bids for a 1 ton stake truck and a 7 gang mower with broom and cab. Roll Call Vote: Bye, Osterholt, Pauly and Penzel voted "aye"—Motion carried unanimously. 3. Consideration of exercising Bren options at Bryant Lake • yyX r MOTION: Pauly moved, seconded by Osterholt, to authorize the exercising of the Bren options at Bryant Lake as per memo dated September 16, 1977 from Marty Jessen. Roll Call Vote: Pauly, Osterholt, Bye and Penzel voted "aye". Motion carried unanimously. D. Report of City Engineer 1. Preliminary plat approval for "Country Vista" at Duck Lake Trail and 168th Street Resolution No. 77-121 Tim Pierce, owners' and buyer's agent, Pierce & Associates, spoke to the preliminary plat for Country Vista and introduced Raymond and Edith Stodola, owners, and Dennis Truempi , Trumpy Homes, Inc. , who will be buying and 1 developing the area under consideration. Helen Schoeneck, 16950 North Manor Road, spoke in opposition to putting two more dead ends on an already dead end street. She questioned if it wouldn' t be safer to put a through street in when there are to be so many more homes in the area. Pierce explained they have looked at the possibility of a through street, however, there are several reasons why cul-de-sacs are more attractive. First of all , people buy on cul-de-sacs which make them very marketable. Second, in order to have a through street, two lots would be lost which changes the cost factor per unit by 20%. Jane Roeder, 6435 168th Avenue West, stated that when you get slot of children waiting for a bus at one bus stop it presents a very real problem. Mrs. Schoeneck voiced her concern about children with no park access for them. Penzel responded there is an overall trail system plan envisioned along Duck Lake Trail and Duck Lake Road to the park site. Director of Community Services Jessen explained that the Parks, Recreation & Natural Resources Commission have discussed neighborhood parks just north and east of this particular development area within 1/4 mile of this project and the Coachlight Addition. 660 Council Minutes - 6 - Tues. ,September 20, 1977 1. Preliminary plat approval for "County Vista" at Duck-Lake Trail and 168th Street continued Liz Retterath, 9011 Highpoint Circle, informed the Council of a study conducted by a University whereby a conclusion was reached that cul -de-sacs are safer from robberies and vandalism. Osterholt expressed his concern about the densities exceeding Ordinance No. 135 of more than 2 lots per acre. Jessen explained that the Parks, Recreation & Natural Resources Commission considered this proposal Monday, September 19, 1977, and it was approved pending cash park fee and trails. Pierce stated that the nature of the property is a very straight forward nun-complicated plat, and most important it comes out to dollars and cents. If you go to 2 per acre, it becomes very difficult for a developer to make things fit together. He further explained that the Planning Commission approved the plat and the density. Osterholt noted that Ordinance No. 135 specifically states that economic factors should not be considered as a reason for variances. Also that in the plat there is a cul-de-sac on a cul-de-sac and this is not the best. Pauly expressed a certain amount of reluctance in approving the preliminary plat for "Country Vista" , but felt it was something that was approved by an earlier Council so she couldn't find valid reasons to vote against the proposal under those circumstances. She also stated she does not like the fact it has more than 2 units per acre, but again will live with it because of the earlier approvals. MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-121 , approving the preliminary plat of "Country Vista" Addition. Bye, Pauly and Penzel voted "aye" , Osterholt "abstained". Motion carried. ' 2. Approve plans and specifications and order advertisement for bids on utility --improvements in Edenview I Kutcher's Addition and Kurtz Lane I .C. 51-300; and utility and street improvements on Homeward Hil s Road, I.C. 5 -309 City Engineer Jullie spoke to Resolution No. 77-123, noting that Homeward Hills has been added to the package for bid purposes as requested by the Council . Jullie further explained that the proposed sewer line would go through two lots and construction easements will have to be acquired, and that the City is going to try and make every effort to work with the two parties in a settlement for the easement. Dale Allar, 15543 Park Terrace Drive, noted that the manhole cover would , be put in the middle of his driveway. He feels there are some other alternatives that have not been considered. Jullie stated he would look at that particular situation; however, the only other alternative is to come down to Birch Island Road and go south and then West into Paradise Valley. t Dennis Dartt, 15536 Park Terrace Drive, stated he would like some kind of I compensation and screening material , and asked if the City would hire a professional planner or landscaper. Jullie explained that the City has a 5��0 %,uu►►L ► ► ri i►►u Les - - Tues . ,September 20, 1977 2. Approve plans andspecifications and order advertisement for bids on utility improvements in E iew I , Kutcher' s Addition and Kurtz Lane, I.C. 51-300; and utilit and street improvements on Homeward Hills Road, I .C. 51-309 Continued Landscape Architect on our staff that can help and every effort will be made to satisfy this request. Jullie further stated he does not want to leave these people with a detriment to their property. 1 MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-123, approving plans and specifications and ordering advertisement for bids, g I .C. 51-300 and I.C. 51-309. Motion carried unanimously. 3. Final plat approval for Edenvale Industrial Park 3rd Addition MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-124, approving final plat of Edenvale Industrial Park 3rd Addition. Motion carried unanimously. 4. Final plat approval for Forest Knolls 2nd Addition MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-125, approving the final plat for Forest Knobs 2nd Addition. Motion carried unanimously. E. Report of Finance Director { 1. Award of $2,598,000.00 on General Obligation Bonds and Certificates of Indebtedness Finance Director Frane explained that bids were received at 6:00 PM today for $2,598,000 General Obligation Bonds and Certificates of Indebtedness, and that three bids were received. Frane recommended that the Council consider awarding the bids to the lowest bidder, Piper, Jaffray & Hopwood. Bill Fahey, Ehlers & Associates , answered questions of Council members and explained that Eden Prairie is strongly being considered for a Al rating next year. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-120a, awarding the sale of $998,000 Fire Equipment Bonds, $1 ,400,000 Water and Sewer Bonds, and $200,000 Certificates of Indebtedness to Piper, Jaffray & Hopwood, Inc. of Minneapolis , Mn. , and associates; Resolution No. 77-120b, relating to $998,000 Fire Equipment Bonds of the City, authorizing the issuance and prescribing the form and details thereof, creating a sinking fund therefor, and levying taxes for the payment thereof; Resolution No. 77-120c, relating to $1 ,400,000 water and sewer bonds of the City, authorizing the issuance and prescribing the form and details thereof, providing for their payment from an existing bond fund, and levying and other- wise providing for the payment thereof; and Resolution No. 77-120d, relating to $200,000 Certificates of Indebtedness of the City, authorizing the issuance and prescribing the form and details .thereof, creating a sinking fund therefor, and levying taxes for the payment thereof. Roll Call Vote: Osterholt, Pauly, Bye and Penzel voted "aye". Motion carried unanimously. U% Council Minutes - 8 - Tues . ,September 20, 1977 2. Clerk's License List MOTION: Osterholt moved, seconded by Bye, to approve the Clerk' s License List dated September 20, 1977. Motion carried unanimously. 3. Payment of Claims Nos. 6886 - 6993 MOTION: Bye moved, seconded by Osterholt, to approve Payment of Claims Nos. 6886 - 6993. Roll Call (tote: Bye, Osterholt, Pauly and Penzel voted "aye" . Motion carried unanimously. VIII.NEW BUSINESS A. Resolution receiving petition for utility and street improvements in Country Vista pat MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-127, receiving petition for utility and street improvements in Country Vista plat. Motion carried unanimously. B. Hendrickson Land Hold Agreement MOTION: Bye moved, seconded by Osterholt, to approve the Hendrickson Land Hold Agreement. Motion carried unanimously. City Manager Ulstad spoke to the telephone call he had received from Paul Redpath whereby the City of Eden Prairie will have its own Zip Code effective October 15, 1977. The new Zip Code will be 55344. l_ City Manager Ulstad announced the resignation of City Planner Dick Putnam and distributed letter from Mr. Putnam. MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 77-139, commending Dick Putnam and wishing him success in any endeavors he may undertake. Motion carried unanimously. IX. ADJOURNMENT MOTION: Bye moved, seconded by Osterholt, to adjourn the meeting at 10:55 PM. Motion carried unanimously.