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City Council - 12/28/1987 - Special Meeting SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL MONDAY, DECEMBER 28 , 1987 4 :45 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, and Recording Secretary Sue Anderson ROLL CALL: All members present. Mayor Peterson called the meeting to order at 4 :45 PM. He announced that negotiation among City Staff, Mr. Seavall, et. al . and the Metro Waste Control Commission (MWCC) was taking place in the outer chamber. He called for a short recess in anticipation of resolution of the situation. Mayor Peterson reconvened meeting to order at 5: 17 PM. I. APPROVAL OF AGENDA Cour_ciimember Bentley moved, and Harris seconded, to approve the agenda. Motion passed 4-0 . II . ORDER TO CORRECT HAZARDOUS CONDITION ON SEAVALL PROPERTY (Continued from December 22, 1987) City Manager Jullie stated that the City has been in negotiation and a settlement had been agreed upon pending verification that earth excavtion be restricted to 300 cubic yards. City Attorney Pauly, giving background, stated this matter was the result of a storm on or about July 23 , 1987. During the severe rainstorm, a sanitary sewer pipe broke open and resulted in a bluff of the valley being eroded and p washed away leaving a large hole. He stated the property has been partially repaired and the hole partially refilled. Pauly continued that the residents in this neighborhood are very concerned and the action contemplated by the City was due to the findings that there was a hazardous condition on the property in question. Pauly stated the City has had discussions with the MWCC and the Seavalls, and believed an agreement had been reached whereby Seavall would permit the MWCC on the property to do necessary filling to build up the sides of the hole and eliminate the danger of people being hurt. Seavell required that not more than 300 cubic yards of earth can be 1 Special City Council Meeting -2- December 28, 1987 removed fromthe presently undisturbed portions of his property. Any grading plans for his property incorporating more than 300 cubic yard would require his specific approval prior to implementation. Kirby Bayerle, 10488 West Riverview Drive, stated he was concerned that this restoration of the land be done quickly. It had already been 5-1/2 months, and they have been told just another week and another week. He felt a timetable should be established and adhered to before the rains begin. Pauly explained that the City must go through the legal process. It cannot go out and do something to someone' s property without their agreement. If the Council adopted these Findings of Fact, the landowner would have to repair the hazardous condition or the City would repair it and bill the owner. Either way, this would go through the usual legal process and could possibly go to trial and again result in months of delay. Miles Lord, attorney for Mark Seavall Homes, Inc. , requested that this be tabled, as he would be unable to appear before Council on January 5th. He continued that his client has lost the use of his home, his land and future office. His clients reluctance to allow the City on his property, was due to the insurance litigation in process. a Lord continued that Seavall was not being compensated for the damage to his land due to the resistance of Wausau Insurance Company. Now MWCC wants to take some of his land and fill in the hole, fill that would cost them $8 per cubic yard if brought in from another site, yet not compensate Seavall one cent. Barb Bayerle, 10488 West Riverview Drive, stated her concern was if the hole were not repaired soon, the homes on the edge would go down the river in March. She continued that they have been told week after week that the City was working on it, and now today they are being told to wait until tomorrow. She wanted a completion date and this matter resolved. Bentley responded that the Council cannot give her a date, nor was the Council in a position to mandate work be completed by a specific date. He asked Staff to communicate with the residents as proceedings transpire. Gayle Diehl, 10530 West Riverview Drive, inquired why the MWCC cannot start filling the hole without the contingency about the 300 cubic foot fill from Seavalls property resolved, as long as he agreed they could start filling. Special City Council Meeting -3- December 28 , 1987 Jullie responded that the MWCC must agree that no more than 300 cubic yards would be removed off the land to fill the hole. If the MWCC agrees to this, Seavall would sign the easement. Anderson stated the dangerous area should be cleaned up as soon as possible. He strongly feels if this goes into litigation no one would be the winner. Lord commented he did not feel there was a problem, and the MWCC could start filling the hole with fill from another site. He stated talk would resume in the morning regarding the fill on the Seavall property. Kirby Bayerle, 10488 West Riverview Road, inquired to what degree the restoration would proceed at this point. Jullie responded that reducing the sttep, hazardous slopes was the issue at this point. Final grading and landscaping would be proposed at a later date and brought before Council for approval. MOTION: Harris moved and Anderson seconded that action on the Findings of Fact Order to Correct Hazardous Condition on Seavall Property be continued to the regular City Council meeting on January 5, 1988 . Bentley tI y stated tabling would allow staff to return it to the Council sooner. If it was continued, the Council cannot act on it until January 5th. Jullie commented that if the matter was tabled and then resolved, staff would report back to Council on the January fi 5th meeting as to the results. MOTION WITHDRAWAL: Harris withdrew motion to continue action on the Findings of Fact Order until the regular City Council Meeting on January 5, 1988. MOTION: Harris moved and Bentley seconded to table action on the Findings of Fact Order to Correct Hazardous Condition on Seavall Property. Motion passed 4-0. Bayerles agreed to be contact persons and would inform concerned residents of status as the City Staff advises them. II. ADJOURNMENT 1 The meeting was adjourned at 5: 45 PM.