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City Council - 08/12/1975 APPROVED u MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 12 , 1975 7:30 PM, CITY HALL `i COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Director of Community Services - Marty Jessen Engineer Carl Jullie Recording Secy. - Belinda Vee INVOCATION - Given by Rev. David Nelson, St. Andrew Lutheran Church PLEDGE OF ALLEGIANCE ROLL CALL - Councilman Bye , Absent I. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY Pg. 3 , Para . 3 , Delete "would" following "utilities that" , insert "should". Pg. 4, Para . 8, Correct "sole" to "soul" . Pg. 5 , Para. 1, Change vote for Pauly to "nay". � Pg. 5, Para. 3 , Delete "next Public'', insert "Continued Public" . Add "by easement" after "trail system" . Pg. 8, Para. 2, Add "The Mayor responded to all questions concerning his public statement and explained his position on the issues in question." A Penzel moved to continue Minutes of August 5 , 1975 to meeting of August 26, 1975 , Meyers seconded. Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. II. PETITIONS, REQUESTS AND COMMUNICATIONS A . Communication from Helga G. Olsong Administrative Engineer or Hennep n Countzr regarding updating on special assess- ments ayaE.Le to the City o en Prairie for sewer an r water ns a la—o'n y Hennepin County. Meyers moved to inform the County that we do- not favor waiving these penaltiesy Pauly seconded. Meyers, Pauly, and Mayor Osterholt voted "aye", Penzel voted "nay" , motion carried. 4=30 Minutes -2- August 129 1975 III . REPORTS OF OFFICERS , BOARDS_ & COMMISSIONS i A . Report of City Engineer 1. Registered Land Surveyfor Dorenkemper property along restwoo errace. } City Manager Ulstad explained because this was torrence property, it must have Council approval. Mr. Dorenkemper appeared before the Council to voice his objection to walkways through his property and stated the rea_uested easements would cost him 5O r 000. Council members discussed the easements, etc. and Attorney Perbix explained some of the safeguards afforded the City by RLS , etc. Pauly moved to approve the RLS for the Dorenkemper property, Penzel seconded. Pauly and Penzel voted "aye" , Meyers and. Mayor Osterholt voted "nay" which resulted in a tie vote. Council members discussed request further. Pen: el moved to reconsider previous. actionp Pauly seconded. Meyers, Pauly, Penzel and Mayor Osterholt voted "aye " , motion carried unanimously. Penzel moved to approve the RLS for the Dorenkemper property, Pauly seconded. Pauly, Penzel and Mayor Osterholt voted "aye" , Meyers voted "nay" , motion carried. 2 . B & R Rock Company (IN . G. Pearson) Minim permit. City Manager Ulstad stated they have reached an impasse and Pearson wants to mine to 860 foot elevation and the City voted in 1974 to go no lower than 870 foot elevation. Pearson explained they plan to leave trees and that the person who Is mining gravel on the other side of this property is mining down to 850 foot elevation. Council members discussed the various concerns they had regarding this permit such as elevation, high and low points, rights of City and individuals, using mined land for development and preparation for same, etc. Mr. Bearman asked what type of buffer area will be provided and was told Mr. Pearson will provide that. a I•Zinutes -3- August 12, 1975 III. R:PORTS OF OFFICERS 2 BOARDS & C010TISSIONS ( Cont• d. ) A . Report of City Engineer (Cont'd. ) 2. B & R Rock. . . (Cont 'd. ) Meyers moved to direct staff to work out elevations for future development and a sense of direction for the Council by the second meeting in September, Penzel seconded. Meyers, Pauly, Penr el and Mayor Osterholt voted "aye", motion carried unanimously. F Penzel moved to direct staff to work with Helle and Pearson and take action to stop any violations and impose penalties, Meyers seconded. Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 3 . Approve plans and specs. and order advertisements or b1cls or Edenvale TndUsE-rlal PYFRand NoRwest rea StreeEsp Hesolutlon Noo __ . Engineer Jullie presented the request for approval of plans and specs and advertising for bids. Pen: el moved to adopt Resolution No. 1020, Meyers seconded. Meyers, Pauly, Penzel and Mayor Osterholt �. voted "aye" , motion carried unanimously. 4. Receive petition for bituminous overlay on Riley . Lake Roaa rrom Railroad Grossin to400w__nortlip Resolution No. 1 City Manager Ulstad presented the petition and stated he would like to see encouragement of this type of request in the future as it will save the City money in maintenance of gravel roads . Engineer Jullie responded to questions by Council members concerning the request. Pen:.-el moved to adopt Resolution No. 10219 Meyers seconded. Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 5. Petition for bituminous overlaX on Birch Island Road south of County . oa - Jullie explained the County is going to review this matter as they think they can do the project cheaper. Penzel moved to receive petition and hold until the first meeting in September for the County's suggested action, Pauly seconded. Meyers, Pauly,. Penzel and Mayor Osterholt voted "aye", motion carried unanimously. Minutes -4- August 12 , 1975 III . REPORTS OF OFFICERS , BOARDS & COMMISSIONS (Copt' d. ) B. Report of Director of Community Services 1. Consideration of purchase agreement for Blacklock grope y at n erson Lakes, Director of Community Services Jessen explained the purchase agreement and responded to questions by Council members. s Penzel moved to approve the purchase agreement with Blacklock, Meyers seconded. Meyers , Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. t S The matter of the property being rented for an obser- vation point was suggested to be placed on agenda for third meeting in November. 2 . Minnesota Valley National Wildlife Recreation Area. Jessen explained they had just met with Senator Mondale the previous day and he explained the pending legislation regarding this matter. Council members discussed the matter of taxes being L, returned to the City, local control of park area and supervision, snowmobile trails , area be designated for use at specified times, type of maintenance to be provided so area will not become garbage dump, etc . Mr. Fallrath, Federal U:S. Fish & Wildlife, appeared before the Council to respond to any questions they might have. Ms. Elaine Molute recommended a letter be sent to { Congressman Frenzel and Senator Mondale stating the position of Eden Prairie. Ms . Mary Alice Seal stated Senator Mondale stated this area cannot be allowed to become a garbage dump or litter box and suggested these concerns be stated in a letter to him. Meyers moved to direct staff to prepare a letter for the entire Council's signatures stating the support of the Minnesota Valley National Wildlife Recreation Area and strongly emphasizing our concerns about supervision, litter problem, snowrnobiling potential, tax payments back to City and the potential Community imput into the management of the wildlife area. Penzel seconded . Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 4 14inutes —5- August 12, 1975 III . REPORTS OF OFFICERS , BOARDS & COWISSIONS (Cont 'd. ) C . Report of Citv Manager 1. Policy pertainia& to 1st meeting of each month orPublic: Hearings, City Manager Ulstad explained the policy was on a trial basis and cannot say he has had many concerns stated to him personally, however, the Planning Commission has had some concerns registered with them. Some people do not like to wait five or six weeks and feel they are being held back. Council members discussed and decided to leave policy as is and let the City Manager determine if a request requires more immediate attention. 2. Consideration of road extensions of a minor nature in the Ing Route . City Manager Ulstad explained highlights of report and Council members discussed. Pen2el moved to accept report and urge staff to pursue matter, Meyers seconded. Meyers , Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. City tanager Ulstad will place on agenda for a future meeting. 3 . Summons and Complaints received from Phoenix Petro- leum an en rairie Townhouse ompany M enga e . City Attorney Perbix explained the Summons and Complaints had been received. No action. 4. Prairie Lawn' & Garden City Manager Ulstad explained the ourners of Prairie Lawn & Garden Company appeared before the Council in September of 1974 and at that time the item was continued because of the 4/5 Mini Sector Study. Mayor Osterholt suggested City Attorney Perbix review matter and present results at next Council meeting. 93 Minutes -6- August 12 , 1975 i III . REPORTS OF OFFICERS, BOARDS & COrgUSSIONS (Copt ' d.) D. Report of Finance Director 1. Clerk' s License List Penzel moved to approve the Clerk' s License List , Meyers seconded. Meyers, Pauly, Penzel and Mayor Osterholt voted "aye"' , motion carried unanimously. 2. Payment of Claims Nos . 7288-7437 3 Meyers moved to approve payment of Claims Nos. 7288- 7437, deleting No. 7408 for substantiation, Penzel seconded. Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. IV. NI✓.r: BUSINESS x Meyers - Highway problem at Co. Rd. 1 and Hgwy. 169. Send f letter to State telling them we are happy they are planning to do something about it. Meyers moved to direct Staff to draft letter for Mayor' s signature to be sent to County and State expressing Eden Prairie 's appreciation they are considering safety measures for that intersection, Penzel seconded. Meyers, Pauly, Penzel and Mayor Osterholt voted *'aye", motion carried unanimously. Meyers - Requested Staff prepare memo on Park & Rec' s policy regarding park dedication or cash donation. Ulstad - Set Public Hearing for budget review - Sept. 2, 1975. Meyers moved to set Sept. 2, 1975 as date for budget review, Pauly seconded. 14eyers , Pauly, Penzel and Mayor Osterholt voted "aye". notion carried unaai- mous ly. Ulstad - Explained request for a Change Order No . 3 for Barbossa Const. Co . There has been difficulty in obtaining easement which has caused delay in construction and the contract reads 75% of work must be done for them to receive payment (they are about 501,43 ) through. Pauly moved to approve Change Order No. 3 , Meyers seconded. Meyers, Pauly, Pen^el and Mayor Osterholt voted "aye", motion carried unanimously. V. ADJOURNMENT Pen" , Pauly, Penzel, and Mayor 6sterMt voted "aye" , motion .carried unanimously. Meeting adjourned at 10: 50 PM.