City Council - 12/03/1974 4
MINUTES
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EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 3 9 1974 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt , Joan Meyers ,
John McCulloch, Wolfgang Penzel,
Sidney Pauly
COUNCIL STAFF: City Manager Robert P . Heinrich
City Attorney Harlan Perbix; Clerk— t
Finance Director John Frane; Planner
Dick Putnam; Director of Community
Services Marty Jessen; Engineer
Carl Jullie
Invocation was given by City Manager Robert P. Heinrich.
Pledge of Allegiance .
Roll Call.
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I. MINUTES OF REGULAR MEETING HELD NOVEMBER 269 1974.
Mr. Heinrich suggested putting on Dec . 10 agenda.
II . REPORTS OF OF_ FICERS , BOARDS & COMMISSIONS:
A. Report of Councilwoman Meyers . `
1. Discussion of MCA Report Printing.
Mrs . Meyers suggested firm date of January 7, 1975
for obtaining specific quotes and awarding bids .
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Mr. Penzel suggested the City staff take the necessary
steps to recover the money the City has invested In this
project .
Heinrich said they have nearly enough buyers to pay for
the printing of this report and that Mr. Spinks of R
Homart said he would make up the difference .
Both Mrs. Pauly and Mr. McCulloch suggested getting a
commitment from Mr. Spinks in writing.
Mayor Osterholt said there have been changes in the
utilities as shown in the report and this should be
corrected. Also, was concerned about the terminology
of "Village', versus "City".
Mrs. Meyers stated she had given the staff two pages of
corrections and did cover these items.
Mrs. Meyers moved that she and Mayor Osterholt meet with
the staff to prepare specifications and authorize changes,
and take bids on January 7, 1975. McCulloch seconded.
Motion carried unanimously.
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Council Minutes -2- December 3 , 1974
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II . REPORTS OF OFFICERS y BOARDS & COMMISSIONS : (Cont ' d. )
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A. 2. Report from Hikeway/Bikeway Task Force .
Mrs. Meyers introduced Mr. Al Upton to present to
Council.
Mr. Upton stated they concentrated on bikeways and
pathways . They attempted to establish criterion for
the framework for review and proposals.
He called the Council' s attention to the priorities
listed on Page 43 of their report .
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Mr. McCulloch asked what the cost of installing these y
pathways would be.
Mr. Upton said they really couldn't answer the question
of cost. He said they had stopped with the report where
they did as a considerable amount of time had been spent
on it and they wanted some feeling from the Council as
to whether they supported the concepts before doing more
work.
Mr. Chris Enger told the Council thatthey had talked
to Hopkins, Minnetonka, Bloomington, Edina and Plymouth _
about their plans for pathways. They also used studies
from UCLA. and Portland, Oregon in their report.. They
found the majority of the data was for bikeways and
very little on pedestrian pathways.
Mrs . Pauly asked if a trail could be included in the a
Duck Lake Trail sewer and water project as long as it
would be torn up anyway and resurfacing would have to 4
be done.
Mayor Osterholt asked if anyone had tabulated the distancE
of the trails.
Mr. Enger said they had and it was about 16.2 miles.
He estimated an $ foot wide asphalt trail would cost
$24,000 per mile and the land acquisition was set at about
$4000 an acre plus 20 foot easement. The project would
be about $590,000. He stated they had received about a
10% return on their mailings so far.
Mr. McCulloch asked if there is anyway that existing
easements along trail routes could be used for these
trailways .
Mr. Upton said they could be.
Mr. Enger stated as standards are adopted, the City
will have the jump on other communities they consulted
as Eden Prairie is less developed. The bikeways and
pathways could be expanded as need arises and could
include lighting when necessary.
Council Minutes -3- December 3 , 1974
II. OFFICERS9 BOARDS & COVIIISS IONS: (Cont ° d. )
A . 2 . Mayor Osterholt asked the Task Force to contact Edina
to find out how they handled the development of trails
in their community.
Mr. Richard Anderson stated the study gives the City
guidelines for developers.
Mr. Upton mentioned that Hidden Ponds developer, Ecklund &
Swedlund had included a trail system and it was a good one .
Mrs . Meyers stated it was necessary for the City to have
an officially adopted trailway system to qualify for
Federal and State funding and suggested setting another
public meeting as state funds will be available after r
the first of the year.
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Mrs . Meyers moved to refer to Planning and Zoning Commis- �
sion and Park and Rec. Commission and set the 3rd meeting
in January, 1975 for a public hearing on Bikeway Task {
Force Report and further instruct staff to prepare pre-
liminary applications for any funding that may be avail-
able. Mr. Penzel seconded. Motion curried unanimously.
II. B. 1. Discussion of position paper on the Metropolitan Open
pace Plan.
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Mr. Jessen stated the Park and Rec. Commission had z
C meeting on this November 26, but they would aceept Council
members comments as there was not enough time to get them
prior to the meeting. He explained the action of the
Park and Rec. Commission in recommending the establish-
ment of a regional park at Riley Lake to be maintained
by the City. He stated if the park were to be owned by
the Hennepin County Reserve Districts it would require
changes in the original plans for the park to be used
as a community playfield.
Mayor Osterholt asked Mr. Jessen if the residents in the
Riley Lake and Bryant Lake areas have been notified of
current developments . I
Mr. Jessen replied they have not been notified. He said
he thought the plan had validity and we should stick with y
it . He discussed the method of funding.
Mayor Osterholt asked if they had any statistics on the
acreage involved and the tax loss to the community.
Mrs. Pauly felt the proposal required more study and
other options should be looked at before making a decision.,
Mr. McCulloch did not want to take any action at this time
because there were 50 to 60 people present at first hearing
and most were opposed to this plan or any plan. He wants
to hear from them first .
Council Minutes -4- December 3 , 1971�
II . B. 1. Mr. Jessen requested the Council to state they are
analyzing the proposal so the Metro Council will knaa
the City is interested.
Mr. Anderson stated the Metro Council would not give
them much time and he wanted a commitment from Council : {
Mayor Osterholt suggested a joint meeting with Council
and the Park and Roe . Commission.
Mr. Jessen said the Metro Council could designate the
area as a regional park and it would be run by the
Hennepin County Park Reserve- District .
Mr. Heinrich said there is so much to be considered and g
wi;� should meet with the Chanhassen Council to get their
feelings on this proposal.
Mr. Penzel asked how long it would take to produce the
fiscal information requested by 1-Ta yor Osterholt .
Mrs . Meyers asked Council to show support for the open
space corridor along Nine Mile Creek.
No action.
II . B. 2. Picnic Pavilion at Round Lake Park. '
Mr. Jessen explained to the Council that the cost was
m much more than originally planned and either we need
more money or we will have to scale down the pavilion.
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Mrs . Pauly asked if the building would have water and
sawe r.
Mr. Jessen said it does not have: water and s:v.or, but
would have electricity.
Mrs YC :ul-1och stated the building should not cost over
$10,000.
Mr. Heinrich s;id it is necessary to have a registered
architect draw the plans for any public building over
$3000. He said he will talk to two or three architects
and request proposals with cost estimates.
Mr. Penzel moved to direct the City Manager to solicit
imput from two or three: architects and report buck to
Council with cost estimates and alternatives . Meyers
seconded. Motion carried unanimously.
Mr. Hacking, representing the Lions Club, said they
are upset with how long this project has been in the
planning stage and would like to see the pavilion
completed by June , 1975.
Council Minutes -5- December 3 , 1974
II. C. Rcport of CitX Manager:
1. Enforcement of the Hoz lth Ordinance
Mr. Heinrich stated he has interviewed three people
who meet the qualifications for this position. They
are all employed on a full-time basis for other munic,4.--
palities. Mr. Heinrich will obtain cost estimates and
report back to the Council.
Mayor Osterholt stated some people felt the City went
overboard on this Ordinance and Council should hear
from them before making any decision.
II. C . 1. a. First reading of Ordinance No. 279 regulating and
aut iForizing the sealing of defectives unsafe; or
unlicensed food and cigarette vending machines,
pinball ma-chinos, children' s and mechanical amuse-
ment devices and other amusement devices or which
being licensed do not have a tag or other license
insigniaaffixed.
Mr. Heinrich explained purpose of this ordinance
to Council.
Mrs. Pauly asked why pinball machines were included.
Mr. Sanders said it was for safety purposes.
Mrs. Pauly moved to adopt first reading of ordinance
No. 279: Mr. Penzel seconded. Motion carried unani-
mously.
II. C. 2. Compensation adjustment procedures for Cit employees
or fiscal J-V-/:),
Mr. Heinrich asked Council if they wanted him to proceed
with negotiations .
Mr. Heinrich vans advised to proceed with salary negoti
ations and to prepare a recommendation for Council con-
sideration. The 1974 Council would review the report,
but final approval would be given by the new Council
in January.
II. C . 3 . Discussion of cancellation of Council meetin scheduled
ecem 3F , T97.
Mr. McCulloch moved to cancel December 24 meeting ,
Mrs . Meyers seconded. Motion carried unanimously. {
+ Council Minutes -6- December 3 , 1974
II. C. 4. Discussion of Eden Prairie Su er Club's request for
paying 1975 Liquor License in two installments.
+ Mr. Heinrich said he did not think this should be done .
Mrs. Meyers ^skcd if this could be done on a once-only
basis
Mr. Perbix said the Ordinance would have to be nmended
to accomplish this.
Mrs. Meyers asked if the club should close during the
year, would the City be able to collect.
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Mr. Perbix said that they probably could not .
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Mr. Penzel moved to deny request from Eden Prairie Supper
Club, Mrs. Pauly seconded. Motion carried unanimously.
Mayor Oste rholt asked if the Club is complying with the
requirements of the City.
Mr. Heinrich said they wore .
II. C . 5. Discussion of 3 .2 Beer License ofLyo�n' s Tap, Inc.
Mr. Heinrich wanted Council to know Lyon' s Tap had
incorporated under these three names: Charles Lyons,
Mrs. Phyllis Nugent , and Vernon R. Berg, and these
names are not listed as presently holding the 3 .2 Beer
License. Mr. Lloyd Berg, who was previously turned
down by Council in May, 1974 for license , was asked by
Mr. Perbix if he was operating Lyon's Tap.
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Mr. Bc rg said he was . 4
Mr. Berg was asked if he knew he was operating without
license .
Mr. Berg stated he was told it was okay.
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Mr. Penzel moved to direct staff to take all necessary
steps to cease the sale of 3 .2 beer. Meyers seconded.
A Roll Call vote was taken and the motion was unanimously
carried.
!I. D. Rcport of Finance Director
1. Clerk' s License List.
Mr. Penzel mop*ed to approve list , McCulloch seconded.
Mloticn carried unanimously.
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Council Minutes -7- December 3 , 1974
III . NEW BUSINESS
A . Mayor Osterholt suggested the situation with the Ring
Route assessments and suits be put on the agenda for
the next meeting.
B. Mayor Osterholt said there is a minority report on the
Wednesday night activities proposal. He suggested putting
it on the agenda for next meeting.
C . Mayor Osterholt suggested the Council meet on Saturday
morning, Dec. 7, at 9 a.m. to review applications for
City Manager.
D. Mr. Heinrich suggested asking for a joint meeting with
the Chanhassen Council.
Iv. ADJOUrATMM
Mr. McCulloch moved to cdjourn, Meyers seconded. Motion
carri(.d unanimously. ;
K: eting adjourned at 10:00 PM.
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