City Council - 08/26/1975 :APPROVED r
MINUTES
EDEN PRAIRIE CITY COUNCIL f
TUESDAY, AUGUST 26, 1975 7:30 PM, CITY HALL
COUNCIL 14124BERS : Mayor D . ti,I . Osterholt
William B7e
Joan Meyers
Sidney Pauly
Wolfgang Fenzel
COUNCIL STAFF PRESENT : City Manager Roger Ulstad
Planner Dick Putnam
Engineer Carl Jullie
Recording Secy, Belinda Vee
INVOCATION: Given by Rev. Udstuen, Eden Prairie Presbyterian Church
PLEDGE OF ALLEGIANCE
ROLL CALL: Sidney Pauly, Absent
I. MINUTES OF THE REGULAR COUNCIL MEETING -1iELD TUESDAY
Penzel moved to approve the minutes as published and
corrected ; Meyers seconded. Bye, Mevers, Penzel and
` Mayor Osterholt voted "aye" , motion carried unanimously.
MINUT :S OF Tli nEGULAIR COUNCIL NEETING HELD TUESDAY
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7 , 1777
Pg. 1, Last Para. , Delete "and feel this is a matter of
principle . "
Pg. 2, Para. 6, Delete entire paragraph, insert "Pen-,,el
moved to reconsider previous action, Pauly seconded.
Meyers, Pauly, Pen: el and Mayor Osterholt voted "aye",
motion carried unanimously. " Add additional paragraph,
"Pen: el moved to approve the RLS for the Dorenkernper
property, Pauly seconded. Pauly, Penz7el and Mayor
Osterholt voted "aye" . Meyers voted "nay" ; motion
carried. " '
Pg. 3 , Para. 2 , Correct "Hallil' to "Helle".
Pg. 3 , Para. 5, Insert "in maintenance of gravel roads" after
"save the City Money" .
Pg;. 4t Last Para. , Delete "community" after "wildlife" and
insert "area Add"Penzel seconded. Dleyers, Pauly, ,►
Pen,:el and Mayor Osterholt voted "aye" , motion carried
unanimously. "
Meyers moved to approve the minutes as corrected and published,
Pen:;el seconded. Bye, Meyers, Pen^el and Mayor Osterholt
voted "aye" , motion carried unanimously. . ,
n.
Minutes -2- August 26, 1975
- II. PETITIONS , RrriUESTS ANrD GCt•21UIyICATIONS
A . Suburban Rational Bank, request for an interior+ branch
auto bank locatcd on the nort :,e :t parcel o the _omart
.en Prairie eri o-r Era itzvn Lot The szte is i
adjacent to Ehe 'inr _Wad and south of ;rest 76th Street .
City Manager Ulsta.d explained the request for a temporary
structure to be installed for a three-year period and had
been recommended for approval, slonf with certain require-
ments, by the Planning and Zoning Commission.
Mr. Terwilliger appeared before the Council to respond
to questions regarding signing, sanitary hook-up, time-
frame for construction, etc .
Council members discussed the request and voiced their
concern about temporary zoning and if it may cause a
problem in the community.-
Bye moved to approved the bank* s branch auto drive-up
facilities with the following recozamendations: (1) that
an agreement and/or contract would be signed by bank
officers and City delineating, terms and conditions as to f
land use and progress reports as to time-frame and
construction schcr-rules be submitted, ( 2) agreement
would be for a three-year period with an option that
the City could grant an extension upon request of owners ,
( 3) bond be posted to cover removal of temporary structure
after specified time in the event the owners failed to do
so, (4) that it conform with the total development plan of the
Homart concept approval , and ( 5) thatthe structure does
meet all ordinances and requirements of the City of Eden
Prairie, particularily, but not limited to, signing,
landscaping, engineering requirements, etc. , all terms
subject to legal advice of counsel, Penzel seconded.
Bye, Meycrs, Penzel and Mayor Osterholt voted "aye",
motion carried unanimously.
B. Request of " . Gordon Smith Company (Jesse Schwartz
o in.stall retaa r=,as numn in Industrial Park Zone.
City Manager Ulstad presented the request and asked
Engineer Jullie to explain the site location, type of
use, etc. Jullie recommended approval of the request
as he considered it a compatible use .
Mr. Schwartz appeared before the Council to respond to'
questions concerning number of pumps , pricing, signing,
hours to be open, etc. ,►
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Minutes -3- August 26, 1975
II ., PETITIONS, REQUESTS AND COMMUNICATIONS (Cont *d. )
B. Request of W. Gordon Smith Company, , . ( Copt ' d. )
Council members discussed referring this request to
Board of Appeals and Adjustments. Ulstad explained the
Board' s position and Council members discussed the matter.
Bye moved to refer this matter to Planning and Zoning
Commission for their review and recommendation, P,eyers
seconded.. Dye , 1,1eyers, Penzel and V,ayor Osterholt x
voted "aye" , motion carried unanimously.
C. Request of Homart Company to install temporary traffic
,signals at trie __,"_ oaa and z;ntrazice to reserve 131vcL.
City Manager Ulstad explained the request and recommended
approval. Engineer Uullie explained the signals are a temporary
Wstallation design and would be removed as this intersection
is scheduled for permanent signalization as part of the Ring Road Projact.
Penzel moved to approve the request of Homart Company to
install temporary traffic signals at Preserve Blvd and
the Ring Road, 1,1eyers seconded. Bye , Meyers, Pen^el and
Mayor Osterholt voted "aye", motion carried unanimously.
III. REPCRTa OF OFFICERS, BOARDS w C0111II:3SIONS
A. Report of City En-sneer
1. Consider bids received on August 14, 1975 for sanitary
se:•;= r a era service on Leac i 17oact ancl T3eacnirc ei ,
tTie Cove « ai ion _rodec �N 4- , T.G. 51=2=.
�' esb-1-TEion No.
City Manager Ulstad stated the costs were higher than
anticipated and have notified the residents accordingly.
Mr. Husby of Rieke Carroll 14uller Associates, Inc.
explained there were variables concerning this project
such as amuunt of rock needed for bedding, sod for
replacing that destroyed, savings if a service line
were put into one lot instead of main line, etc. He
also stated there maybe as much as a I(Ylo savings if
some short-cuts were used,
Mr. Marriott asked if the sewer was a reality and
what about the four residents who opposed the project.
Council members discussed the need for signed easements
and whether the residents had received their letters +
f concerning the project .
Minutes -4 August 26, 1975
III. REPORTS OF OFFICERS, BOARDS & C0:•'-11ISSIONS ( Cont' d. )
A. Report of City Enegineer (Cont 'd. ) _
1. Consider bids (Copt'd. )
Bye moved to table this matter until meeting; of
September 2, 1975 so residents could be informed
bids aere received and enable them to be present
at the meeting, Penze1 seconded. Bye, ?'•'ieyers,
Pen2el and Mayor Osterholt voted "aye", motion
carried unanimously.
Bye stated he would like to go on record as having
an inclination to approve the total package.
2. Receive feasibilitir report for bituminous overlay
on RiIcv a':e Hoo.cT`?`rom Count-1 HoacTI to ,.e t Uitv
1i11:S , i r0j5Ct ,' _ )- - j , y • • . E
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3 .
City I-ianager Ulstad explained the City had received
a petition for this work by the residents. Engineer
Jullie stated the cost would be $2.15 per foot.
�. Council members discussed the cost as some land
ovmers on Riley Lake road owned considerable property
thus resulting in a high assessment to those owners.
It was suggested the project be assessed on a per
REC basis rather than per lineal foot and Engineer
Jullie will consider this approach.
Pen^el r.:oved to approve resolution No. 1023 calling
for a Public Hearing for this project on October 7,
1975 , Bye seconded. Bye, Meyers, Pen--el and Mayor
Osterholt voted "aye" , motion carried unanimously..
3 . Resolution declaring; costs to be assessed and ordering
reparation oF r)�:, posed 1975- Speciar Assessments
. 011s. .Wsou eon 1.o. • .
City Manager Ulstad explained the Resolution was to
set a public hearing for this mattes.
Bye moved to adopt Resolution No. 1024 setting; a
public hearing for the Special Assessments Roll for
1975 on September 2.39 1975, P-leyers seconded. Bye,
Meyers, Pen: el and 14ayor Osterholt voted "aye ",
motion carried unanimously.
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Minutes -5- August 26, 1975
III. aZPQRTS OF OFFICERS,' 1:',)C1t?DS & COT-UtISSIONS (Cont' d.)
B. Report of City Attorney
1. Re2ort on Bryant Lake Park "road;.,ay".
City Manager Ulstad stated notices have been sent to
affected property owners and some oimers are objecting {
to the closing of this road as they feel they have vested
riFhts from years of use. Ulstad said he will continue
to negotiate this matter with the owners. No action.
C. Report of Finance Director
1. Clerk's License List.
Meyers moved to approve the Clerk' s License List,
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Pen4.cl seconded. aye , Meyers, Pen.--.el and Mayor
Osterholt voted "aye", motion carried unanimously.
2. Pa-,nnent of Claims Nos. 74.0$L 7438-7589
Pen:-el moved to approve payment of Claims NUs. 74089
7438-75899 1-2eyers seconded. On a Roll-Call Vote ,
" Bye i Neyers, Penrel and Tlayor Osterholt voted "aye" ,
motion carried unanimously.
D. Report of City I-'.arager
1. News reporting, by City of Eden Prairie on - dTC Radio.
Ulstad stated the station is offering 5 spots a day
for l min. 30 seconds to suburban communities as a
public servic--. It is voluntary and there is no
charge and it is not political in nature . He said
he chose one spot for 6:20 PM on Fridays.
Council members discussed including the school district
and obtaining another spot .
Pen^el moved to authori!;e the City Manager to select
an individual or do it himself and make necessary
communications with School District and attempt to
select second spot for Monday evenings, Bye seconded.
Bye , Heyers, Penzel and Mayor Osterholt voted "aye" ,
Motion carried unanimously.
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Minutes -5- August 26, 1975
III. Rr.PO?TS OF OFFICERS: BOAI:)DS & COTMILUSSIONS (Coat •d. )
B. Report of City Attorney
W r. y
1. Report on Bryant Lake Par': "roadway",
City 1.1anager Ulstad stated notices have been sent to
affected property o:•aners and some ovmers are objecting
to the closing of this road as they feel they have vested
rights from years of use. Ulstad said he 'will continue
to negotiate this matter with the o`•rners. No action.
C. Report of Finance Director )
1. Clerk' s Licensc List .
Meyers moved to approve the Clerk's License List,
Pen:,el seconded. Bye , P-11eyersp Pen.-el and Mayor
Osterholt voted Faye" , motion carried unanimously.
2. Payment of Claims Nos. 74.08, 743 8-7589
Pen,zel moved to approve payment of Claims Nus. 7408,
7438-7589, I1eyers seconded. On a Roll-Call Vote,
Bye , 1.1eyers , PenE:el and Mayor OsC-erholt voted "aye" ,
motion carried unanimously.
D. Report of City IunaJrLer
1. News reporting bX City of Eden Prairie on 10VUC Radio.
Ulstad stated the station is offering 5 spots a day
for 1 min. 30 seconds to suburban communities as a
public service . It is voluntary and there is no
charge and it is not political in nature . He said
he chose one spot for 6:20 PM on Fridays.
Council members discussed including the school district
and obtaining another spot,
Pen^el moved to authori!%e the City Manager to select
an individual or do it himself and make necessary
co=unications pith School District and attempt to
select second spot for Monday evenings, Bye seconded.
Bye, Meyers, Penzel and Dlayor Osterholt voted "aye",
Motion carried unanimously.
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Minutes 6- August 26, 1975
Iv. NON BUSINESS
A. Plannin-, Com-nission' s recommendation regarding 169 Mini-
ector . tuav to �,(-:t Public licarinr,.
Bye moved to set September 23 , 1975 for a Public Hearin;
on the 169 Mini.--Sector Study, Penzel seconded. Bye , Meyers,
Penzel and Mayor Osterholt voted "aye" , motion carried
unanimously.
B. Recuest of Modern Tire Comnanv and Eno Systems for the
itv Council to r,et a Publlc ear n- or re-7on1ng,.
Penzel moved to set September 239 1975 as the Public
Hearing for re-zoning; for r,odern Tire., and Energy Systems, Meyers
seconded. Bye , Penzel, Meyers and Mayor Osterholt voted "aye",
motion carried unanimously.
C. General Discussion - Assessment Rate for abutting property
owners on Streets,. r
City 11aring;er Ulstad explained the present policy and
suggested establishing a. priority system. Mayor Osterholt
asked for a staff recommendation on the matter and then
placing.. on Council Agenda for discussion.
D. Tleyers - Fall clean-up day.
Y_ ?4evars - Re Guested there be a council member on the proposal reviev,
committee y�rir Plan Iaorth Itupdating
etea Te 'eernVeiv
F. e
Mayor Osterholt - City policy on diseased trees for sending
to concerned residents.
G. Mayor Osterholt - suggested taking a mid-term census of
the community.
, H. Ulstad - explained the County wants to increase the speed
limit along, Co. Rd. #4 to 45 14PH. Resolution No. 1027
Pen�sel moved we pass Resolution No . 1027 against increasing
the speed along Co. Rd. r;4 because of the ha-ard it would
create for the many bikers using this bikeway, Meyers
seconded. Bye , I- eyers, Pen,-.el and Mayor Osterholt voted
"aye" , motion carried unanimously.
I. Ulstad - explained the 5`" surcharge on all new improvements
for engrineerinp, costs, legal assistance, administrative, etc . ,
is not enough to cover the expense of staff to provide these
services.
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Minutes
—7— August 26, 1975
V. ADJOU:?PPMENT
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Penz el moved to adjourn, Meyers seconded. Bye, Meyers, PenTel
and Mayor Osterholt voted "aye" # motion carried unanimously.
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Meeting adjourned at 10: 10 PM.
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