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HomeMy WebLinkAboutCity Council - 10/28/1975 APPROVED MINUTES EDEI%T PRAIRIE CITY COUNC IL TUESDAY, OCTOBER 28 , 1975 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers I Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix City Planner Dick Putnam City Engineer Carl Jullie Finance Director John Frane Recording Secretary Joyce Provo INVOCATION - Given by Father Tom Hunstiger, Immacuiate Heart of Mary-Catholic Church, Minnetonka . s PLEDGE OF ALLDG IA NC E s ROLL CALL - Osterholt, Pauly, Penzel and Meyers present. Bye arrived at Council meeting at 8:35 PM. I. MINUTES OF THE REGULAR_MEETING ITELD TUESDAY�OCTOBER 7 1975_ Pg . 1 , after "ROLL CALL" insert "All members present" . Pg . 2 , last para . ,4th line, strike "not" and insert in lieu thereof "the" , and in the same line strike "when" and insert in lieu thereof "but" . Pg . 3 , para . 1 , line 3 , after "Item 1 , insert "to be increased from original assessment of $971 , 100 to" . Pg . 4 , delete Para . 5 , and insert in lieu thereof "Mr. Simchuck explained that lie thought the signalized intersection should be placed between Modern Tire and Energy Systems , particularly for reasons of safety. " Pg . 4 , Para . 6 , line 1, strike "and" . Pg . 4 , Para . 8 , 2 nd line , strike "and staff". Pg . 4 , Para . 9 , 2nd line , strike "amended as at guideline" and insert in lieu thereof "adopted as an amendment to the Guide Plan" . •-- Pg . 4 , Para . 9 , lines 9 and 10, strike "Planning and Zoning Commission's" and insert in lieu thereof "western north/south local road connection between Sunnybrook Road and east/west collector be deleted from maps , and the" . { Pg . 4 , Para . 9 , line 10 , after "south" add "collector" . 1 Council Minutes - 2 - Tues. ,10/28/75 k I . MINUTrS OP TF-IT: REGULAR MEE1'TV-1 HELD TUESDAY, OCTOBER 7.P 1975. (Contd.) Pg . 5 , Pare• . 5 , line 9 , strike "pleced on" and insert in lieu thereof "included { in the Pg . 5 , last para . , 2nd line , after "296 " insert "rezoning to I-2 Park, instruct City Pttorney to draft a rezoning agreement , " Pg . 5 , last para . , 4th line , strike "road" and insert in lieu thereof "access" . x� Pg . 6 , para . 2 , line 3 , strike "single family homes" and insert in lieu thereof "residential" . Pg . 6 , para . 5 , 2nd line , after "rezoning " insert "to office" . Pg . 7 , strike paragraphs 4 , 5 , 6 and 7 , and insert in lieu. thereof: "Mr. Mike Adams, attorney for Olympic Hills, stated that he was opposed to dedication easement at this time as it would close any chance to develop the adjacent property and said he did not think this was a reasonable request. MOTION: Bye moved to close the Public Hearing and grant development stage approval for Phase III of Olympic Hills PUD 72-11 based upon the September 8 , 1975 report and recommendations of the Planning and Zoning Commission, Penzel seconded . Bye , Meyers , Pauly and Penzel voted "aye " , Osterholt voted "nay" , motion carried. MOTION: Bye moved to approve Ordinance No. 298 rezoning from Rural to RM 6 .5 for the Olympic Hills Phase III 34 unit single family and double bungalow project based upon the September 8 Planning Commission recommendations and the Planning and Engineering staff reports and instruct City Attorney to draft a rezoning agreement. Meyers seconded. Penzel moved to amend the motion to delete recommendation "F" , Osterholt seconded . . Penzel, Osterholt voted "aye" , Pauly, Bye. and Meyers voted "nay" , motion failed . Bye moved his previous motion approving Ordinance No . 298. Bye, r4eyers , Pauly and Penzel voted "aye" , Osterholt voted "nay" , motion carried. Pg . 7, last para. , line 2 , strike "requ irinq" and insert in lieu thereof "requesting" . Pg . 7, last para . line 4 , after "adopting " insert "blanket" . Pg . 8 , para . I , 3rd line, after "moderate" insert "cost" . 5; Pg . 8 , para . 3 , line 3 , strike "of" and insert in lieu thereof "to" . Pcj . 8 4th para . , strike "accordingly" and insert "according to the Planning and Zoning Commission's recommendation of September 29 , 1975 , amending #k2 to read: That varied building types to fit the terrain be used on the later phases of the project" . 13g7 Council DAInutes - 3 - Tues. ,10/28/75 MITT-JUTES OF TITF REGUTAR MFFFTING HELDTUESDAY, OCTOBER 7, 1075 (cont'd . ) Pg . 9, para . 2 , line 3 , strike "Planning" and insert in lieu thereof "Services" . Pg . 9, para. . 5 , line 2 , strike "bidded" and insert in'lieu thereof "bid" . r. Pg . 10, para . 5 , line 3 , after "Council" insert "as recommended by the staff" . Pg .- 10, para . 7, line 1, strike "a" Pq . 10, para . 7 , line 2, strike "bond" and insert in lieu thereof "in improvement bonds" . MOTION: Penzel moved to continue the October 7th unapproved Council minutes to the November 4th Council meeting, at which time a copy of the revised unapproved minutes should be presented to the Council, Pauly seconded . Motion carried unanimously. MINUTES OF THE PEG ULAR_MEETING HELD TUESDAY, OCTOBER 14 ,L 1975 . Pg . 3, para . 3 , 2nd line , strike "always tries to keep his planes above the residents line " , and insert in lieu thereof "flies his planes away from residents homes" . Pg . 4 , para . 1 , 2nd line , strike "a straw vote" and insert in lieu thereof "the voters" . Pg . 5 , II B , I st line , strike "Rieger" and insert in lieu thereof "Riegert", 2nd line strike "Commercial"and insert in lieu thereof "I-2 Park" , and further in the same line strike "law" and insert in lieu thereof "lawn" . Pg . 8 , para . 8, line 5 , strike "for moonlighting to patrol trail" and insert in lieu thereof "available to patrol the trail" . Pg . 9 , para . 3 , line 2 , strike "snowmobiles" and insert in lieu thereof "snowmobile trails" . Pg . 10, add new para . after para . 7 to read as follows: "The City Council directed City Manager Ulstad to contact the Chamber of Commerce and request that the Chamber select a committee to review the Sign Ordinance and recommend any changes or alternatives to the City Council. " MOTION: Pauly moved, seconded by Meyers , to.approve the minutes of the October 14 , 1975 Council meeting as corrected . Motion carried unanimously. C Council Minutes - 4 - Tues . ,10/28/75 s fi 1 II. PETITIONS REOU1'STS & COMMUNTC.ATIONS .1 A. RecLue_st h0eo. e M. Hansen Company to conduct the 1975 Audit of the Cif of .den Prairie . -- - Finance Director John Frane stated that he had contacted several C.P.A. firms to submit their proposals if they were interested in conducting the City of Eden Prairie's 1975 Audit. Frane listed in his memo dated 10/24/75 the proposals he had received, noting that the lo-rvest estimate was not necessarily the best. ' MOTION: Meyers moved , seconded by Penzel, that the City Council. authorize tha CityMarager and Mayor enter into a contract with the George M . Hansen Company to conduct the 1975 City Audit. Motion carried unanimously. B. Request from Dean Dresbach for a liquor license at the Eden Prairie Supper Club _ City Manager Ulstad stated that he had visited with the proponent and received his purchase agreement,only to find that the agreement was not valid as the date was incorrect. Ulstad suggested that if the proponent wants to pursue this request for a liquor license , that he should submit the proper documents and that this item will be placed on the Council agenda at that time . MOTION: Penzel moved to continue this item pending a new application from Dean Dresbach for a liquor license at the Eden Prairie Supper Club, Meyers seconded . Motion carried unanimously. C. Communication from Mayor David %N. Osterholt regarding letter of resignation. _ MOTION: Pauly moved, seconded by Penzel, to accept the letter of resignation from Mayor David W. Osterholt with sincere regrets. Motion carried unanimously. City Meanager Ulstad noted that the 2nd Council meeting in November would fall on a legal holiday and that no official action could be taken. MOTION: Penzel moved, seconded by Meyers, to establish November 12 as the official date for the 2nd Council meeting in November. Motion carried unanimously. III. REPORTS OF OFFICERS_ BOARDS & COMMISStONS A. R_port_of City Eriineer 1 . Receive feas_ibili_ty_renort for utilities and street im roverrients on Forest Hill Road extended east of Edenvale 6th Addition, I.C.51-273. MOTION: Meyers moved to continue this item to the November 12th Council meeting , Penzel seconded . Motion carried unanimously. Council Minutes - 5 - Tues . .10/28/75 ( A. Report of City Engineer (continued) 2. Change, Order No. 4 for I.0 . 51-264 Northeast area trunk sanitary sewer_project,Barbarossa & Sons, Inc. Xontractor City Engineer Jullie explained Change Order No. 4 as outlined in his memo dated October 23 , 1975 . MOTION: Penzel moved, seconded by Pauly, to approve Change Order No. 4 for I.0 . 51-264 Northeast area trunk sanitary sewer project. Motion carried unanimously. 3. port on biturnino•is overlay for W.62nd Street (T__ownlineRoad� from County-Road 4 to Woodland Road . City Manager Ulstad stated that the City ha;; received a petition from several residents requesting this improvement and , per the Council's request, had checked with the City of Minnetonka and Hennepin County pertaining to cost shari:* on this project. City Engineer explained that it appears that possibly we may get some participation from Hennepin County, but Minnetonka 's City Engineer said it was unlikely that they would participate at this time , however, he would check further to see if monies were available . Mayor Osterholt offered to contact the Minnetonka Council members to participate in this project. MOTION: Meyers moved , seconded by Penzel, to adopt Resolution No. 1049 ordering the preparation of a feasibility report on Project STR 75-3-17 and direct the Mayor to contact members of the Minnetonka City Council. Motion carried unanimously. 4. Receive petition for bituminous overlay .School Road and Eden Court Road . - - City Engineer Jullie explained that a petition had been received requesting this improvement stating that dust was the main problem for this request . MOTION: Meyers moved , seconded by Penzel, to adopt Resolution No. 1050 ordering preparation of a feasibility report on Project STR 75-3-18 . 5 . Accept streets and utilities in Hidden Ponds 2nd Addition. City Engineer Carl Jullie requested the Council accept the streets and utilities in the Hidden ponds 2nd Addition with a one-year maintenance bond for the utilities and a two-year bond for street construction commencing October 28, 1975 . t Council Minutes - 6 - Tues . ,10/28/75 f A. Report of City Engineer (cc)ntinued) :. 5 . Accept streets and utilities in Hidden Ponds 2nd Addition (cont'd) MOTION: Meyers moved, seconded by Penzel , that the Council accept the streets and utilities in the Hidden Ponds 2nd Addition subject to the City Engineer's memo dated October 23 , 1975 . { Motion carried unanimously. y MOTION: Meyers moved , seconded by Penzel, that the Council acknowledge the October 17 communication from Ecklund & Swedlund requesting seal coating for the streets in Hidden Ponds 2nd Addition in 1976 , and this request be brought back before the Council at the appropriate tirne . Motion carried unanimously. 6 . Authorize bids for street s_icIping on the_ Rim Road from T. H. 169 to W. 78th Street. �- -� City Engineer stated that the quotes he has received for road ` signing are as follows: Donnell , Inc. $4 ,726 .40 Lyle Signs , Inc . $5 ,6 06 . 03 Further jullie explained the following quotes have been given for striping the Ring Road during fall of 1975: Clean Sweep, Inc . $ 622 . 00 Twin City Striping $ 869.44 The Council questioned the large number of signs involved in the Ring Road signing . MOTION: Penzel moved, Faye seconded, to continue this item to the November Ith Council meeting to enable the staff to provide additional information. Motion carried unanimously. B. Report-of Director of Community Services I . Recommendation of the Parks Recreation & Natural Resources Commission on regulation of gavel operators in the City of Eden Prairie -- - --- �M- _ MOTION: Penzel moved, seconded by Meyers , to direct the City Attorney to dray v up appropriate questions to be asked of the Attorney General,and to bring these prepared questions before the Council at the November 4th Council meeting fortheir consideration and Capproval before submission to the Attorney General . r i I f k ` Council Minutes - 7 - Tues . ,10/28/75 B. Report of Director of Community Services 2 . Consideration of purchase of f Zylka property at Staring Lake . City Manager Ulstad stated that we have been unable to reach an agreement with Mr. Zylka, therefore , we do not have anything to consider at this time. C. Report of Planninq Director 1 . Comprehensive Guide Plan Consultants (nteviews). City Manager Ulstad explained the order of appearance of the three consulting firms to be interviewed , each allowed an hour if needed: 8:00 PM - Midwest Planning - Mr. David Licht 9:00 PM - Brauer & Associates - Mr. Don Brauer 10:00 PM - BRW(Bather,Ringrose & Wolfeld) - Mr. Peter Jarvis The Council directed the following ten questions to each of the consultants being interviewed and the consultants responded accordingly: C. 1) What do you see as Eden Prairie's major problem or problems in the next five years ? 2) What problems have you solved in other communities you feel you were particularly successful in handling ? 3) What problems did you feel you did not solve too well and why? 4) Which persons on your staff would you assign to this Eden Prairie project? Why would you select them for this work ? 5) Would you handle genuine differences of opinions on planning proposals with the Eden Prairie staff and with the Council or Planning & Zoning Commission members or citizens ? 6) have you done work for any firms now developing in Eden Prairie ? 7) Would you agree to prepare a list of current Eden Prairie clients who might be dealing with the Council ? 8) What use would you make of the existing Guide Plan and its amendments ? 9) How would you involve citizens in the planning process ? 10) What would the finished product include ? Osterholt asked if the Council could meet with other members of each of the consulting firms who would be working on this Guide Plan. All firms answered in the affirmative. Council Minutes - 8 - Tues . ,10/28/75 D. Report of City Manager 1 . Authorisation for Public Safety_De2artment to advertise for bids for three police vehicles . MOTION: Meyers moved, seconded by Penzel, to authorize the Public Safety Department to advertise for bids for three police vehicles to be received and reviewed by the Council on November 12 . Motion carried unanimously. 2. Request_to_advertise forbids for: 1 Sweeper, l Chipper, and 1 StrzQer. �------- ^- - T- Continued to November 4th Council meeting . 3 . Foot] Ilandlinq Ordinance . Ulstad stated the necessary changes are not complete at this time . MOTION: Penzel moved, seconded Bye, to continue this item - to the December 9th Council meeting . Motion carried unanimously. E. Re 7rt of Finance Director 1 . Clerk's License List MOTION: Meyers moved, seconded by Pauly, to adopt Clerk's License list dated October 28 , 1975 . Motion carried unanimously. 2 . Payment of Claims Nos. 7903 = 7988 MOTION: Penzel moved, seconded Bye, to approve payment of Claims Nos . 7903 -- 7988 . Roll Call Vote: Meyers , Bye , Penzel, Pauly and Osterholt voted "aye" , motion carried unanimously. IV. NEW BUSINESS A. General discussion took place pertaining to the consultants Interviewed earlier in the evening . Lee Elizer, former member of the Arden Hill's Planning Commission and presently a resident of Eden Prairie residing at 14324 Wedgeway Court, took part in the discussion. Mr. Elizer as a member of the Planning Commission in Arden Hills had gone through a similar process in updating their Comprehensive Guide Plan. It was agreed that this discussion be continued until the November 4th Council meeting . Cou..-i.. p.-linutes - 9 - Tues. ,10/28/7S n P IV NEV`r" BUSINESS (continued) B. The Council discussed various ways of filling the vacancy created by the resignation of Mayor. Osterholt. . City Attorney Perbix stated that he would look further into the law pertaining to filling of this vacancy. This item continued to the November 4th Council meeting . z C . City Manager Ulstad reminded the Council members of the Association of Metropolitan Municipalities meeting to be held Thursday, October 30. D. City Manager Ulstad distributed letters to the Minnesota Congressional District to be signed by the Council members in support of the Minnesota Valley National Recreation Area E. Ulstad reminded Council that interviews were being held on Wednesday, October 29, for census takers . F. Purgatory Creek Open Space Corridor Study - Ulstad requested that this Public Hearing scheduled for November 18 be continued to a later date in order for the Planning Commission to review this study. G . Ulstad has been in touch with Mr. Andre , Administrator, Metropolitan Transit Commission, regarding the establishment of a shelter at the <- Intersection of S and Mitchell RoaC possibly on a gratis basis . H.. Meyers requested the..Human Rights C_ ommission be directed to do a thorough study on providing student housing in the community. The Council agreed. I. Meyers expressed concern regarding action on Parkview Apartments rezoning and requested that this item be placed on the November 4th Council agenda . J. Penzel discussed complaint he has received regarding the hockey rink at Prairie View School . V. AD1:0URNMENT MOTION: It was moved by Bye, seconded by Penzel, that the meeting be adjourned at 1:10 PM. Motion carried unanimously. f