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HomeMy WebLinkAboutCity Council - 11/12/1975 EDEN PRAIRIE CITY COUNCIL WEDNESDAY, NOVEMBER 12 , 1975 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor D. W. Osterholt, Joan Meyers , Billy Bye , Wolfgang Penzel and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Keith Simons City Engineer Carl Jullie Public Safety Director Jack Hacking Maintenance Supervisor Ray Earls Recording Secretary Joyce Provo INVOCATION - Given by Roger Ulstad, City Manager PLEDGE OF ALLEG IANC E .ROLL CALL - Osterholt, Meyers, Penzel and Pauly prt:sent. Bye absent. s I. MINUTES OF THE REGULAR MEETING HELD TUESDAY, OCTOBER 28, 1975 Pg. 1 , after ROLL CALL strike "All members present" and insert in lieu thereof "Osterholt, Pauly, Penzel and Meyers present" . Pg . 2, para. 8, at the end of the 2nd Motion, insert "Meyers seconded" , and in para . 9, 2nd line strike "Pauly" , 3rd line insert "Pauly" in the beginning of the line. Pg . 4, para . 2 , 2nd line , after "City" insert "Manager and Mayor" . Pg . 5, after para. 4 add a new paragraph to read: "Mayor Osterholt offered to contact the Minnetonka Council members to participate in this project" . to to para . 5, after "STR 75-3-17, add "and direct the Mayor to contact members of the Minnetonka City Council" . Pg . 9, para . 4, line 2 , strike "28" and insert in lieu thereof "29" . " if para. 7, 1st line , strike "directed" and insert "requested", and in the same line after "Commission" add "be directed" . 2nd line, add a new sentence to read "The Council agreed." MOTION: Penzel moved, seconded by Meyers, to approve the minutes of the October 28 , 1975 Council meeting as corrected._ Motion carried unanimously. MINUTES OF THE REGULAR MEETING HELD TUESDAY NOVEMBER 4 1975 . Pg . 2, para . 5 , line 7, strike "Penzey" and insert "Penzel". Pg . 3, para. 7, line 1, strike "replied" and insert "added" . Pg . 4, para . 3 , line 2 , after "Engineer" insert "to develop recommendations". " para . 4 , line 4 , ,after "January" insert "I " , and in line 6 strike "recommendations" and insert "selection" _ " para . 5 , line 5 , after "staff" insert "member" Pg . 7, item 5 , after "a" insert "verbal" , *and after "report" insert "be presented to Council members•' ,-. strike remainder of item 5 after "Prairie" I adding a period ofter "Prairie" . - MOTION: Penzel moved, seconded by Meyers , to approve the minutes of the November 4, 1975 Council meeting as corrected. Motion carried unanimously. 13 8� Council Minute s _ - 2 .- - .Wednesday, II. ORDINANCES & RESOLUTIONS A. Ordinance No. 309 prohibiting unreasonable acceleration and erratic driving of vehicles; prohibiting the leaving of key in an unattended vehicle and imposing penalty for the violation thereof. f Jack Hacking , Public Safety Director, outlined the contents of Ordinance 41. No. 309 and why he supports such an ordinance. City Attorney Simons explained that violations of Ordinance No. 309 constitute a petty misdemeanor with a fine ,of $100. 00. Pauly stated that this type of law should come out of the Legislature rather than having each municipality adopt its own opinion. MOTION: Meyers moved, seconded by Penzel, to instruct the City Manager, City Attorney,and Public Safety Director to submit a written request to our legislators to introduce a bill during the next legislative session which would incorporate unreasonable acceleration and erratic +. driving of vehicles and prohibiting the leaving of key in an unattended vehicle . Motion carried unanimously. III. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Jaines R. Hill, Vice President of Pemtom, Inc . , for the Council to set a Public Hearing on the revision of the Mitchell Lake PUD. MOTION: Meyers moved, seconded by Pauly, to set December 2, 1975 as the Public Hearing date for the Mitchell Lake PUD. Motion carried unanimously. IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of City Engineer 1 . Registered Land Survey for parcels (2127) and (2129) , Sec. 35 located east of Homeward Hills Road at Riverview Road. City Engineer Jullie outlined his memo to the Council dated November 7 regarding the approval of the Registered Lend Survey for the Robert Brown property located along River View Road and ee-st of Homeward Hills Road. Meyers asked Mr. Brown if he would have any objection to rezoning Tract B to R1-22 . Mr. Brown stated he could see no reason why not. i3�3� Coun=i: Council Nlfndfes - 3 - Wedne day, 11/12/75 1 . Registered Land Survey for percels (2127) and (2129), Sec. 35 , located east of Homeward Hills Road at Riverview Road. (Continued) MOTION: Penzel moved, seconded by Meyers , to approve the Registered Land Survey for Parcels 2127 and 2i29 in Sec . 35 adopting recommendations 1 .A, 2, 3 and 4 in City Engineer's memo dated November 7, 1975 , and Mr. Brown submit in writing that when Tract F A comes in for rezoning approval, that Tract B be considered for rezoning from Rural to R1-22 or other appropriate residentiPl zoning. Motion carried unanimously. 2. Receive feasibility report for utilities and street improvements ` on Forest Hill Road extended east of Edenvale 6th Addition, I.0 . 51-2 73 . David Husby, P.E. , Rieke, Carroll, Muller Associates, Inc. , appeared before the Council outlining the four alternatives in his Supplementary Report on the extension of Forest Hill Road dated November 12 , 1975 Meyers expressed her concern with the growing number of cul-de-sacs in the community. .. MOTION: Penzel moved, seconded by Meyers , to return the feasibility report to the staff and that a conceptual plan be developed as much as possible inhouse . This conceptual plan would include a study of the complete road system, taking into consideration the extension of Mariann Drive, Theresa Place and Forest Hill Road . Motion carried unanimously. 3. Receive feasibility report for utilities and street improvements for Areas F and G of The Preserve Commercial Plan, I.C. 51-274 David Husby, P.E. , Rieke, Carroll, Muller Associates, Inc. , spoke to the feasibility report dated November 12, 1975 for sewer, water and street improvements in the Preserve Commercial Areas F and G . Meyers suggested that the City Attorney comment on this portion of the extension of Schooner Boulevard and the Finance Director report on the concerns of funding on this project to the City in the long run. City Engineer Julli,e outlined the communication received from Lee W. Johnson, V.P. Engineering , Carter & Gertz, Inc. , dated November 12 , 1975 , giving a summary of the expected grading work to be performed by The Preserve . MOTION: Pauly moved, seconded by Penzel, to adopt Resolution No. 1058 receiving the feasibility report and setting December 2, 1975 as the Public Hearing date. Motion carried unanimously. yf _ l Council Misr,.:c� - 4 - Wednesday, I1/12/75 _ a A. Report of City Engineer (continued) 4. Change Order No. 3 for I.C . 51-260, Schooner Boulevard r Project STR 72-9-26 I,, Irving Lamppa Construction, Inc. r City Engineer jullie spoke to Change Order No. 3 dated 10/29/75 noting the amount to be $13,387.27. jullie also explained that on page 1 of the Change Order, under item III, Ist lire should read "24' access" instead Of "24' driveway" . jullie also confirmed the fact that yellow paint and no parking signs are both required. MOTION: Penzel moved, seconded by Pauly, to adopt Change Order No. 3 in the amount of $13,387.27 , and that the staff be directed to conduct vigorious negotiations with the Highway Department on Item IV. to pay for the total package . Roll Call Vote: Meyers, Pauly, Penzel and Osterholt voted "eye". Motion carried unanimously. B. Report of City Manager 1. Award bids for three police vehicles . Public Safety Director Hacking outlined his memo dated 11/12/75 listing the bids received from Towns Edge Ford, Iten Chevrolet, and Suburban Chevrolet. MOTION: Meyers moved, seconded by Pauly, to award the bid for three police vehicles to Towns Edge Ford as being the lowest responsible bidder on an intermediate size vehicle for following reasons: a. Other bids did not include Quiet Sound Group in the amount of $35 .00 per vehicle . b. The accessory equipment conversion cost of $3 85. 00 per 3 vehicle for a compact vehicle. Towns Edge bids shall exclude radial tires in the amount of $71 .80. Roll Call Vote: Meyers, Pauly, Penzel and Osterholt voted "aye" , motion carried i 2 . Food Handling Ordinence MOTION: Penzel moved , seconded by Meyers, to continue the Food Handling Ordinance to December 9, 1975 . Motion carried unanimously. 3. Items to be discussed at joint •Meeting with Planning Commission on 11/13/75. City Manager Ulstad asked if the Council members had any additions to the proposed agenda for the joint Council and Planning Commission meeting to be held 11/13/75 . Being no additions, the agenda was approved as submitted . J ,Council Minutes _ 5 _Wednesday, 11/12/75 _ 4. Request to advertise for bids for: 1 Sweeper, 1 Chipper, and 1 Striper. City Manager Ulstad explained that this item was continued from the 11/4/75 Council meeting at which time the Council felt they needed more information on the specifications. Maintenance Supervisor Ray Earls appeared before the Council and answered questions pertaining to the specifications to the _ satisfaction of the Council members. MOTION: Penzel moved, Meyers seconded , to receive bids for 1 Sweeper, 1 Chipper, and 1 Striper on December 5 and consider bids on December 9, 1975 . Motion carried unanimously. i C. Report of Finance Director A 1 . Clerk' s License List MOTION: Meyers moved , Penzel seconded , to approve the Clerk' s License List dated November 12, 1975 . Roll Call Vote: Meyers, Penzel, Pauly and Osterholt voted "aye" . Motion carried C unanimously. 2. Payment of Claims Nos . 7989-8069. MOTION: Penzel moved, seconded by Pauly , to approve payment of Claims Nos . 7989 - 8069 with the exceptions of 8003 , 8053, and 8057 . Roll Call Vote: Meyers, Pauly, Penzel and Osterholt voted "aye". Motion carried unanimously. V. NEW BUSINESS 1 . Meyers suggested the Public Safety Department and the Parks, • Recreation and Natural Resources Commission look into the matter on the establishment of "no hunting " or "no shooting" zones,. raising of fees, .and trapping in Eden Prairie . 2 . Meyers expressed concern that the Parks, Recreation & Natural Resources Commission is again becoming involved in the establishment of a new bond referendum without input from the Council,and requested Penzel relay this concern to the Parks , Recreation and Natural Resources Commission at their next meeting. 3 . City Manager Ulstad spoke to a communication dated 11/12/75 from N. Walter Graff, Legal counsel for Gerald G . Carnes & Dr. George Tangen, requesting a public hearing be set for.December 2 , 1975 , for rezoning for 2 lots from Rural to R1-22 in the Willow Creek area. MOTION: Meyers moved , seconded by Penzel, to set a Public Hearing date for December 2, 1975 for the Carnes and Tangen rezoning request. Motion carried unanimously. Council Minutes - 6 - Wednesday, 11/12/75 V. NEW BUSINESS (continued) 4. City Manager Ulstad requested the Council receive the informal count on the census figure of 9,097. The Council honored this request. S. City Engineer jullie stated that he had received a request from Raymond Seery for a review of the trunk sewer and water assessment on his property east of County Road 4 . No aatfon taken. This matter to be brought before the Council at a future date. VI. ADLOURNMENT MOTION: Penzel moved, seconded by Pauly, to adjourn the meeting at 11 :00 PM. Motion carried unanimously. I CLERK'S LICENSE APPLICATION LIST November 12, 1975 COIITRACTOR (1 & 2 Far.ily) , i Oertel Construction Co. HEATIIIG & VENTILATING Royalton Heating & Cooling Co. Wayzata Plumbing & Heating Co. , Inc. Fredrickson Heating & Air Conditioning GAS FITTER Fredrickson Heating & Air Conditioning These licenses have been approved by the program head responsible for the licensed activity. t Rebecca uernemoen, Deputy Clerk