City Council - 11/12/1974 MINUTES
EDEN PRIIRIE CITY COUNCIL
TUESDkY, NOVEMBER 129 1974 7:30 PMv CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt, Joan Meyers,
John 1.1cCulloch, Sidney Pauly,
Wolfgang Penzel was absent .
COUNCIL STkFF: City Manager Robert P. Heinrich;
City kttorney Harlan Perbix; Clerk—
Finance Director John Frane; Planner
Dick Putnam; Director of Community
Services Marty Jessen; Engineer
Carl Jullie
Invocation was given by Mayor D. W. Osterholt.
Pledge of Allegiance.
Roll Call.
I . MINUTES:
.� . Minutes of Octobor 22, 1974 meeting.
B. Minutes of November 5 , 1974 meeting.
C . Minutes of Canvassing Board of November 7, 1974.
D. Minutes of Canvassing Board of November 9, 1974•
Mayor Ostcrholt suggested the minutes be read later in
the meeting .
II. SVM,RING IN and introduction of Mr. Steven Geiger as Public
Uzi Ot cer effective 1/1/75 •
Mr. Heinrich introduced Steven Geiger and gave: a brief sum nary
of his qualifications .
Mr. Geiger was sworn in by Kaith Simons, Attorney, with
Mr. Hacking as witness .
Mr. Hacking told the Council about Steven Geiger's partici—
pation in community activities this summer, his educational
background, and what an asset he felt Steven would be to the
community.
Mayor Ostcrholt presented Steven Geiger with his badge .
Council Minutes -2- November 12, 1974
III. BID AWARDS:
IL. Consideration of bids for one now 174 Standard Production
Diesel motor ra er.
Mr. Heinrich stated we received 3 bids . Bids were received
from I.ustin Western and Ziegler, Inc. He explained the
details of the contracts to the Council.
Mayor Osterholt asked how long they had to exercise the
repurchase option and Mr. Heinrich said it was for a 5-
year period.
Council asked questions regarding who would do the repairs
and Equity for future contracts. Also, what was actual
cost as they were confused by the summary of the bids.
Mr. Frane explained what the actual cost would be and
how the City would pay for the grader.
Mr. Heinrich responded to questions by the Council regard-
ing over-all cost and the merits of the Ziegler bid on the #
Caterpillar 11odel 130 G.
Mr. Johnson of Ziegler, Inc. answered questions by the
Council regarding the type of purchase contract and the
advantages to the City.
Mr. Earls said Austin-klestern could only bid on one machine
at this time. He answered questions by the Council regard-
ing performance , maneuverability, power, weight, etc. Also,
how the two vehicles in question compared in performance.
11cCulloch moved to accept lowest and best bid for one
Standard Production Caterpillar Model 130 G as shown in
summary of bids which were opened on November 12, 1974, Q
Meyers seconded motion. Motion carried unanimously.
Ziegler, Inc. Caterpillar Model 130 G $6$,002
Less Trade-In . 15,9965
52,037
Guaranteed Minimum Repurchase -50, 560
Total Cost I t 44.7
Add Maximura Repair Cost _ 33 z1OO
Total $ 4 s,457
Delivery Date - from stock.
Council Minutes -3- November 129 1974
III. BID 1,11ARDS:
B. Consideration of bids for Public Safety Vehicles to
the lowest and bust bids,
1. Police Cruiser
Mr. Heinrich stated 3 bids were: received as follows:
Barnett Chrysler $4,358.55
Town's Edge Ford 4, 553 .74
Suburban Chevrolet 4,$$7.69
Pauly moved to accept the bid of Barnett Chrysler
in the amount of $4,3 58.5 5 , Meyers seconded motion.
Motion carried unanimously.
2. Intermediate Station Wagon
Bids are as follows:
9
Suburban Chevrolet $4,667,00
Town' s Edge Ford 4744.44
Barnett Chrysler 4:821.33
Mr. Wall explained that Barnett-Chrysler's bid on
the mid-size wagon was not comparable as they did
not bid on a raid-size wagon.
Moyers moved to acceppt the bid of Suburban Chevrolet
in the amount of $4,667.009 McCulloch seconded the
motion. Motion carried unanimously.
{
IV. PETITIONS, REQUESTS & COI01UNICATIONS: 3
A . Discussion of auto center develo ment prol2osal for Wheaton
property by the Gro9sman Corporatione
t
Mr. Heinrich introduced Mr. Emmerson Greenberg, Mr. Thomas
Grossman and their counsel, Mr. Bell, to the Council. 3
The Council discussed the zoning requirements . Mrs. Meyers
explained the zoning as it now stands and said it would
have to be changed. Mayor Osterholt mentioned Ord. 135
and the meaning of the text .
Mr. Greenberg responded to questions by the Council.
Mayor Osterholt stated he had received calls from citizens
in the Bryant Lake area. He suggested the Grossman people
meet with the residents in the area so they are aware of
what is going on.
Council Mlinutc:s -4- November 129 1974
IV. PETITIONS , REQUESTS & COISIUNICATIONS : (Cont a d.
A . 11r. Grossman stated the people were at the November llth
neeting. He said they would invite theca to a meeting
when they know what they are going to do .
Mr. Greenberg said they will try to comply with the Plan-
ning Commission reco . mendations as much as possible .
B. Communication from William V. Stewart, owner of Stewart
Properties .
Council discussed letter and Mr. Heinrich explained
Mr. Stewart will be kept informed of the plans regarding
the use of Earl Drive.
r1r. W. Ball said they were concerned about the grading
of the road and how it would effect their property.
McCulloch moved to receive and file letter from William V.
Stewart , Pauly seconded motion. Motion carried unanimously.
C. Communication from Atlas Disposal Service Inc . 9 regarding
o paper recovery facility at IDU Landrille
Mr. Heinrich stated there is no market at the present time
for this type of facility. He said they hope to have a
facility at some; in the future .
Mr. McCulloch questioned whether this would have an effect
on other projects in the area.
Mrs. flcycrs asked if the property should be rezoned to
what it was before approval.
Mr. Heinrich suggested they take another look at the ques-
tion of rezoning in a year or so .
Mayor Osterholt said Atlas should be advised of the possi-
ble rezoning.
Mcyors moved to receive and file letter from Atlas Disposal
Service , Inc . dated October 319 1974 and instruct staff to
prepare recommendation to Council whether it is in the
community•s interest to rezone , McCulloch seconded motion.
Motion carried unanimously.
V. REPORTS OF OFFICERSZ BOA'►RDS AND COr&SISSIONS:
It . Report of the Mayor:
1. Federal Fair Standards Act Litigation.
Council discussed letter received front Mr. Wyczawski,
President of Minnesota Municipalities.
Council Minutes -5- Novembcr 129 1974
V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS: (Cont 'd.)
A , 1. McCulloch moved not to approve participation in the
litigation being brought by the Leaguc, and to file
letter received, PTeyers seconded. The notion
carried unaniriou s ly.
B. Report of City Enginccr:
1. Rc ce ive report on Kingston Drive Study.
Mrs. Meyers questioned the accuracy of the traffic
count *
Carl Jullic responded to questions by Council.
Mrs. Pauly suggested that we receive and file report
and try to control traffic on Kingston by police
monitoring. also, that we should inform people who
signod the petition.
x
Airs. Meyers mentioned the speed and growth of traffic
pattern. She said a second access will be necessary.
She suggested making road connection one: way or clos-
ing the connection point completely except for emer-
gency vehicles until Valley View and Baker Roads are
(� completed. She felt controlling the speed of the
traffic was only part of the concern of the residents
and that the amount of the traffic was a major part
of their problem.
Council discussed whether problem was severe enough
to warrant one-way street or closing connection at
this time.
Mc;yors moved to either establish a one-way street
for all but emergency vehicles going south on Kingston
Drive or closing connection completely until Valley
View and Baker Road are; completed, Pauly seconded
motion. '
A vote was taken on the; notion with Council Members
Oste:rholt, Meyers, and Pauly voting approval and
McCulloch voting against motion. Motion defeated.
McCulloch moved to approve the Engineer' s report
as written and recommend that we monitor and try to
control speed with help of police. If there is still
a problem, take another traffic count in 3 months,
Pauly seconded. Motion carried unanimously.
2. Receive corres ondencc and revised preliminarzlayout
from Minneso a Highway DepartFnen or T. H. 10V u 7!
gradIng from soutn or tneRing_ Route 7B -
Council Minutes -6- November 12 , 1974
I V. REPORTS OF OFFICERS , BOARDS & C01,124ISSIONS: (Cont ' d. )
B. 2. Mr. Jullie explained the revised plan from the State
Highway Department. He also stated some of the changes
the Council requested were not in accordance with the
plans of the Highway Department . The Highway Department
would not allow an intersection as requested south of
tho Ring Route . No Need for intersection west of 169.
They suggest a. 3-legged intersection at that location.
He said he felt the project was acceptable and recormend-
od Council approval.
Mr. Erks and Mr. Steelman (their properties will be pur-
chased to makes way for this project) appeared before the
Council to express their concern about moving by June 1.
Mr. Jullie said they will work with the owners on this
problem.
Council qu,::sticned Mr. Jullie and he responded to their
inquiries regarding access, signals, Etc.
Mr. H: ss , the Preserve representative responded to
questions by the Council.
A discussion followed concerning the requirements by
the State for this project . Mr. Heinrich and Mr. Jullie
answered Council' s questions. Mrs. Pauly mentioned need
for three lanes at the bridge intersection, a left turn,
right turn and through lane. Mrs. Meyers wanted to know }
how the City will achieve; the access to Franlo Road as
required by the State Highway Dept. since the Preserve
does not own this land.
Mrs. Paulymovcd to approve the preliminary layout from
the Minnesota Highway Department for T.H. 169, ( Layout 2A
for SP2744-16) with the exception of the bridge inter-
section lane change and direct City Staff to handle the
Franlo Road acc�:ss as the Preserve does not own this
land.. Meyers socondcd. Motion carried unanimously.
3 . Receive Pctition frora residents and Eden Land Co or-
a ion or upgrading- or Vailoyview Roaa from Esternills
7TUTtion to o iew r ve .
Council discussed and questioned Mr. Jullie as to the
costs involved with this request and who would pay for
theca. The Council asked Mr. Jullie what the cost of
the study would be and he stated it would be about 5%
of the total project cost . (Project could be $1,000,000,
so study would cost about $25,000. ) The Council asked
hire who would pay for this as there are no state aids
available and property owners would not pay.
Council Minutes -7-- November 12, 1974
Ir V. REPORTS OF OFFICERS, BOLRDS & COMMISSIONS: (Copt ' d. )
B. 3 . Meyers moved to accept and file petition and adopt Reso-
lution No. 912 ordering staff to prepare feasibility report ,
McCulloch seconded. Motion carried unanimously.
B. 4. Resolution confirming the vacation of Franlo Road fron.
the Ring RouEo to .
The Council discussed this matter and Mr. Jullie explained
what vacation meant. Mr. Hess questioned the bonding and
whether it was still necessary. Mr. Jullie replied it could
be removed. The Council questioned Mr. Jullie further.
Pauly moved to adopt Resolution No. 9139 Meyers seconded.
Motion carried unanimously.
5 .Rcsolution relating to special assessment against certain
tax forfeit lands. .-.�.
Mr. Jullie explained the process of the tax forfeit lands
and the location to the Council.
McCulloch Moved to adopt Resolution 914, Meyers seconded.
f Motion carried unanimously.
C. Report of CitX kttorncy:
r
1
1. Memo regarding Deforred Tax for Special Assessments on
en or Ultlzcn Homesteads rom Kelth 61monss
The Council discussed this matter with Mr. Simons as to
determining how to establish hardship and what the require-
nents are by the Federal Government.
Council stated they wish to study further. Moyers moved
to defer and instruct a staff member to present to Senior
Citizens group for their reaction. She said this should
also be presented to the Human Rights Committee and directed
staff to determine hardship so they could discuss with the
Human Rights Committee ,
2 . Letter from Thomas J. Stearns Public Utility Rate Experts
As`s stance Sta Paul Ulty Attorney.
Mr. Simons called attorney, but could not reach him. Con-
tinue to next meeting,
McCulloch moved to continuo to next meetingp Meyers seconded.
Motion carried unanimously.
3 . Class Action and Settlement Notice to all Minnesota Retailers
with resuc Z raton rn n
o i once ng ox ca ing_guors_
Wines anc� iris' r . ._.._�`�...
, A._.._.
Council Minutes -8- November 129 1974
V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (Cant ' d. )
C. 3 . 11cCulloch moved to receive and file , Meyers seconded.
Motion carried unanimously.
4. Letter from 18-169 Corridor Committee dated 0ct .31, 1974._
Movers moved to receive and file , Pauly seconded. Motion
carried unanimously.
5. K ri:ement between the; City of Eden Prairic and Independent
School istrict No. o coo erntc in the ac uisition
deVclopmc-nty programmiMlpand maintenance o future school-
park sites .
McCulloch moved to refer to City attorney, Meyers seconded.
mrs. Mc;ycrs. questioned items 2, ; (last line regarding
party making provision) , and item 9 re independent apprai-
sal. Motion carried unanimously.
D. Report of City Manager;
1. Hazel Jordon Naturc Librar�r Fund. h
Mr. Heinrich discussed with Council.
Meyers novcd to establish the fund per the memo of
November 7, 1974 and the letter of October 8, 1974
reflecting family and Park and Recreation Commission
position. McCulloch seconded. Motion carried unanimously.
2. Rc uest by Plannin& Commission for Citz Council to recon-
sider the billboard orainancest regu a ions an Pena ties .
Council discussed. Mrs . Meyers stated they've received
complaints about the violations. Mr. Simons explained
the conpanics have ten days to remove offensive material.
The Council suggested porhaps the Ordinance was too lenient ,
No action.
3 . Recommendations from Planning Commission to amend City
Sign`Ordin-;Ordinance No, ;1_101 to dele&ato_s gn revsewals , exclud-
inp, FUU and Section signs-9 to the Building apt_.
Mrs . Meyers presented to Council. The Planning Commission
would like to review all sign packages for a development ,
howovor, not each sign individually. She suggested amend-
ing the Ordinanco to delete Planning Commission approval.
She wants staff to review and approve minor signs.
Moyers moved to adopt 1st reading of Ordinance No. 261, r
Pauly seconded. Motion carried unanimously.
Council Minutes -9- Navcmber 129 1974
V. REPORTS OF OFFICERS, BOARDS & C014MISSIONS: (Cont ' d.)
E. Report of Finance Director:
1. Payment of claims Nos. 5277 - 5449.
Council discussed with Mr. Franc .
McCulloch rude a motion tc approve payment of claims
No. 5277 through 5449 with the exception of Nos. 53139
5314, and 5356, Meyers seconded. Motion carried
unanimously.
I. '_MINUTES OF REGULAR MEETING MELD OCTOBER 229 1974.
P. 2 , Paragraph 1, Line 7, "an interest because on one of
the options, the trunk line crossed their property, in. . .
P. 4, Paragraph 1, Line 29 Change "Staff" to Council.
P . 4, Paragraph 31 Line 20 and dedication of right of way
and possible . . .
P. 5 , Paragraph A-3 , Correct to read, "Franc said that the
County t,uditor did not furnish names to the City Clerk."
P . 6, Paragraph B-3 ( 4) Motion by Meyers, seconded by Penzel,
subject to one-year warranty on all materials and workmanship
conrzencing 10/22/749 the City accepts for ownership and contin-
ued maintenance , the street surfacing and storm sewer improve-
nents located in the platted public right-of-way within the plat
of Duck Lake EstatQs.
P . 9, E-4 , strike second sentenco .
Meyers moved to approve minutes as corrected, Pauly seconded.
Mo.ion carried unanimously.
MINUTES OF REGULAR MEETING HELD NOVEMBER 59 1974.
-
Para-graph 11, "in the total votes cast in Precinct I."
Paragraph 2, last line, correct "District I" to Precinct I.
Paragraph 3, line 69 correct "District I°' to Precinct I.
McCulloch moved to approve minutes as corrected, Pauly seconded.
Motion carried unanimously.
MINUTES OF CANVASSING BOI-.RD OF NOVEMBER 99 1974.
McCulloch moved to approve ninutes as stands, Pauly seconded.
Motion carried unanimously.
Council Minutes -10- November 129 1974
VI. NEW BUSINESS
A . Meyers - Update of MCA report. Put on agenda in 2 weeks.
B. Meyers - Request Council to direct staff report on process
for starting work on Development Ordinance .
C. Moycrs - Request Manager, Dept. Heads, and Attorney to
research past Council actions requiring additional action
to comply with more legal and proper form.
D. Mayers - Council should consider how much and if we are
going to fund Bi-Centennial program. $
E. Mayor Osterholt - Number of inquiries for position of
City Manager. Do they want a special meeting.
VIII. COMMITTEE TO LOOK INTO ELECTION PROCEDURES:
Mayor Osterholt suggested the following people for the commit--
tee ; Dr. Gary Peterson, Chairman, Paul Choiniere , Robert
Willians, Sue Lane;, Don Sorensen, Robert Franzen, James Brown,
Clark Fifield, and Ginnie Gibson.
McCulloch moved to approve Election Comrai.ttee, Meyers seconded.
Motion carried unanimously.
Coucil unanimously agreed to the above as add-on business.
VII . kDJOURNMMgT
Pauly moved to adjourn, Meyers seconded. Motion carried
unanimously.
Meeting adjourned at 12:35 AM.
C