City Council - 10/28/1975 APPROVED MINUTES
EDEI%T PRAIRIE CITY COUNC IL
TUESDAY, OCTOBER 28 , 1975 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt
William Bye
Joan Meyers
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Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbix
City Planner Dick Putnam
City Engineer Carl Jullie
Finance Director John Frane
Recording Secretary Joyce Provo
INVOCATION - Given by Father Tom Hunstiger, Immacuiate Heart of Mary-Catholic
Church, Minnetonka .
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PLEDGE OF ALLDG IA NC E s
ROLL CALL - Osterholt, Pauly, Penzel and Meyers present. Bye arrived at Council
meeting at 8:35 PM.
I. MINUTES OF THE REGULAR_MEETING ITELD TUESDAY�OCTOBER 7 1975_
Pg . 1 , after "ROLL CALL" insert "All members present" .
Pg . 2 , last para . ,4th line, strike "not" and insert in lieu thereof "the" ,
and in the same line strike "when" and insert in lieu thereof "but" .
Pg . 3 , para . 1 , line 3 , after "Item 1 , insert "to be increased from original
assessment of $971 , 100 to" .
Pg . 4 , delete Para . 5 , and insert in lieu thereof "Mr. Simchuck explained that
lie thought the signalized intersection should be placed between
Modern Tire and Energy Systems , particularly for reasons of safety. "
Pg . 4 , Para . 6 , line 1, strike "and" .
Pg . 4 , Para . 8 , 2 nd line , strike "and staff".
Pg . 4 , Para . 9 , 2nd line , strike "amended as at guideline" and insert in lieu
thereof "adopted as an amendment to the Guide Plan" . •--
Pg . 4 , Para . 9 , lines 9 and 10, strike "Planning and Zoning Commission's" and
insert in lieu thereof "western north/south local road connection between
Sunnybrook Road and east/west collector be deleted from maps , and the" . {
Pg . 4 , Para . 9 , line 10 , after "south" add "collector" . 1
Council Minutes - 2 - Tues. ,10/28/75
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I . MINUTrS OP TF-IT: REGULAR MEE1'TV-1 HELD TUESDAY, OCTOBER 7.P 1975. (Contd.)
Pg . 5 , Pare• . 5 , line 9 , strike "pleced on" and insert in lieu thereof "included
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in the
Pg . 5 , last para . , 2nd line , after "296 " insert "rezoning to I-2 Park, instruct
City Pttorney to draft a rezoning agreement , "
Pg . 5 , last para . , 4th line , strike "road" and insert in lieu thereof "access" .
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Pg . 6 , para . 2 , line 3 , strike "single family homes" and insert in lieu thereof
"residential" .
Pg . 6 , para . 5 , 2nd line , after "rezoning " insert "to office" .
Pg . 7 , strike paragraphs 4 , 5 , 6 and 7 , and insert in lieu. thereof:
"Mr. Mike Adams, attorney for Olympic Hills, stated that he was
opposed to dedication easement at this time as it would close any
chance to develop the adjacent property and said he did not think
this was a reasonable request.
MOTION: Bye moved to close the Public Hearing and grant
development stage approval for Phase III of Olympic Hills PUD
72-11 based upon the September 8 , 1975 report and recommendations
of the Planning and Zoning Commission, Penzel seconded . Bye ,
Meyers , Pauly and Penzel voted "aye " , Osterholt voted "nay" ,
motion carried.
MOTION: Bye moved to approve Ordinance No. 298 rezoning from
Rural to RM 6 .5 for the Olympic Hills Phase III 34 unit single
family and double bungalow project based upon the September 8
Planning Commission recommendations and the Planning and
Engineering staff reports and instruct City Attorney to draft a
rezoning agreement. Meyers seconded.
Penzel moved to amend the motion to delete recommendation "F" ,
Osterholt seconded . . Penzel, Osterholt voted "aye" ,
Pauly, Bye. and Meyers voted "nay" , motion failed .
Bye moved his previous motion approving Ordinance No . 298.
Bye, r4eyers , Pauly and Penzel voted "aye" , Osterholt voted
"nay" , motion carried.
Pg . 7, last para. , line 2 , strike "requ irinq" and insert in lieu thereof "requesting" .
Pg . 7, last para . line 4 , after "adopting " insert "blanket" .
Pg . 8 , para . I , 3rd line, after "moderate" insert "cost" .
5;
Pg . 8 , para . 3 , line 3 , strike "of" and insert in lieu thereof "to" .
Pcj . 8 4th para . , strike "accordingly" and insert "according to the Planning
and Zoning Commission's recommendation of September 29 , 1975 , amending
#k2 to read: That varied building types to fit the terrain be used on the later
phases of the project" .
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Council DAInutes - 3 - Tues. ,10/28/75
MITT-JUTES OF TITF REGUTAR MFFFTING HELDTUESDAY, OCTOBER 7, 1075 (cont'd . )
Pg . 9, para . 2 , line 3 , strike "Planning" and insert in lieu thereof "Services" .
Pg . 9, para. . 5 , line 2 , strike "bidded" and insert in'lieu thereof "bid" .
r.
Pg . 10, para . 5 , line 3 , after "Council" insert "as recommended by the
staff" .
Pg .- 10, para . 7, line 1, strike "a"
Pq . 10, para . 7 , line 2, strike "bond" and insert in lieu thereof "in improvement
bonds" .
MOTION: Penzel moved to continue the October 7th unapproved Council minutes
to the November 4th Council meeting, at which time a copy of the revised
unapproved minutes should be presented to the Council, Pauly seconded .
Motion carried unanimously.
MINUTES OF THE PEG ULAR_MEETING HELD TUESDAY, OCTOBER 14 ,L 1975 .
Pg . 3, para . 3 , 2nd line , strike "always tries to keep his planes above the
residents line " , and insert in lieu thereof "flies his planes away from
residents homes" .
Pg . 4 , para . 1 , 2nd line , strike "a straw vote" and insert in lieu thereof
"the voters" .
Pg . 5 , II B , I st line , strike "Rieger" and insert in lieu thereof "Riegert",
2nd line strike "Commercial"and insert in lieu thereof "I-2 Park" ,
and further in the same line strike "law" and insert in lieu thereof "lawn" .
Pg . 8 , para . 8, line 5 , strike "for moonlighting to patrol trail" and insert in
lieu thereof "available to patrol the trail" .
Pg . 9 , para . 3 , line 2 , strike "snowmobiles" and insert in lieu thereof
"snowmobile trails" .
Pg . 10, add new para . after para . 7 to read as follows: "The City Council
directed City Manager Ulstad to contact the Chamber of Commerce and
request that the Chamber select a committee to review the Sign
Ordinance and recommend any changes or alternatives to the City
Council. "
MOTION: Pauly moved, seconded by Meyers , to.approve the minutes of the
October 14 , 1975 Council meeting as corrected . Motion carried unanimously.
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Council Minutes - 4 - Tues . ,10/28/75 s
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II. PETITIONS REOU1'STS & COMMUNTC.ATIONS
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A. RecLue_st h0eo. e M. Hansen Company to conduct the 1975 Audit of
the Cif of .den Prairie .
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Finance Director John Frane stated that he had contacted several C.P.A.
firms to submit their proposals if they were interested in conducting
the City of Eden Prairie's 1975 Audit. Frane listed in his memo
dated 10/24/75 the proposals he had received, noting that the lo-rvest
estimate was not necessarily the best. '
MOTION: Meyers moved , seconded by Penzel, that the City Council.
authorize tha CityMarager and Mayor enter into a contract with the George M .
Hansen Company to conduct the 1975 City Audit. Motion carried unanimously.
B. Request from Dean Dresbach for a liquor license at the Eden Prairie
Supper Club _
City Manager Ulstad stated that he had visited with the proponent and
received his purchase agreement,only to find that the agreement was not
valid as the date was incorrect. Ulstad suggested that if the proponent
wants to pursue this request for a liquor license , that he should submit
the proper documents and that this item will be placed on the Council
agenda at that time .
MOTION: Penzel moved to continue this item pending a new application
from Dean Dresbach for a liquor license at the Eden Prairie Supper Club,
Meyers seconded . Motion carried unanimously.
C. Communication from Mayor David %N. Osterholt regarding letter of
resignation. _
MOTION: Pauly moved, seconded by Penzel, to accept the letter of
resignation from Mayor David W. Osterholt with sincere regrets. Motion
carried unanimously.
City Meanager Ulstad noted that the 2nd Council meeting in November would fall on a
legal holiday and that no official action could be taken.
MOTION: Penzel moved, seconded by Meyers, to establish November 12 as the
official date for the 2nd Council meeting in November. Motion carried unanimously.
III. REPORTS OF OFFICERS_ BOARDS & COMMISStONS
A. R_port_of City Eriineer
1 . Receive feas_ibili_ty_renort for utilities and street im roverrients
on Forest Hill Road extended east of Edenvale 6th Addition, I.C.51-273.
MOTION: Meyers moved to continue this item to the November 12th
Council meeting , Penzel seconded . Motion carried unanimously.
Council Minutes - 5 - Tues . .10/28/75
( A. Report of City Engineer (continued)
2. Change, Order No. 4 for I.0 . 51-264 Northeast area trunk sanitary
sewer_project,Barbarossa & Sons, Inc. Xontractor
City Engineer Jullie explained Change Order No. 4 as outlined in
his memo dated October 23 , 1975 .
MOTION: Penzel moved, seconded by Pauly, to approve Change
Order No. 4 for I.0 . 51-264 Northeast area trunk sanitary
sewer project. Motion carried unanimously.
3. port on biturnino•is overlay for W.62nd Street (T__ownlineRoad�
from County-Road 4 to Woodland Road .
City Manager Ulstad stated that the City ha;; received a petition
from several residents requesting this improvement and , per the
Council's request, had checked with the City of Minnetonka and
Hennepin County pertaining to cost shari:* on this project.
City Engineer explained that it appears that possibly we may get
some participation from Hennepin County, but Minnetonka 's
City Engineer said it was unlikely that they would participate at this time ,
however, he would check further to see if monies were available .
Mayor Osterholt offered to contact the Minnetonka Council members
to participate in this project.
MOTION: Meyers moved , seconded by Penzel, to adopt Resolution
No. 1049 ordering the preparation of a feasibility report on Project
STR 75-3-17 and direct the Mayor to contact members of the Minnetonka
City Council. Motion carried unanimously.
4. Receive petition for bituminous overlay .School Road and Eden
Court Road . - -
City Engineer Jullie explained that a petition had been received
requesting this improvement stating that dust was the main problem
for this request .
MOTION: Meyers moved , seconded by Penzel, to adopt Resolution
No. 1050 ordering preparation of a feasibility report on Project
STR 75-3-18 .
5 . Accept streets and utilities in Hidden Ponds 2nd Addition.
City Engineer Carl Jullie requested the Council accept the streets
and utilities in the Hidden ponds 2nd Addition with a one-year
maintenance bond for the utilities and a two-year bond for street
construction commencing October 28, 1975 .
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Council Minutes - 6 - Tues . ,10/28/75
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A. Report of City Engineer (cc)ntinued) :.
5 . Accept streets and utilities in Hidden Ponds 2nd Addition (cont'd)
MOTION: Meyers moved, seconded by Penzel , that the Council
accept the streets and utilities in the Hidden Ponds 2nd Addition
subject to the City Engineer's memo dated October 23 , 1975 . {
Motion carried unanimously.
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MOTION: Meyers moved , seconded by Penzel, that the Council
acknowledge the October 17 communication from Ecklund & Swedlund
requesting seal coating for the streets in Hidden Ponds 2nd Addition
in 1976 , and this request be brought back before the Council at the
appropriate tirne . Motion carried unanimously.
6 . Authorize bids for street s_icIping on the_ Rim Road from T. H. 169
to W. 78th Street. �- -�
City Engineer stated that the quotes he has received for road
` signing are as follows:
Donnell , Inc. $4 ,726 .40
Lyle Signs , Inc . $5 ,6 06 . 03
Further jullie explained the following quotes have been given
for striping the Ring Road during fall of 1975:
Clean Sweep, Inc . $ 622 . 00
Twin City Striping $ 869.44
The Council questioned the large number of signs involved in the
Ring Road signing .
MOTION: Penzel moved, Faye seconded, to continue this item to
the November Ith Council meeting to enable the staff to provide
additional information. Motion carried unanimously.
B. Report-of Director of Community Services
I . Recommendation of the Parks Recreation & Natural Resources
Commission on regulation of gavel operators in the City of Eden
Prairie -- - --- �M- _
MOTION: Penzel moved, seconded by Meyers , to direct the City
Attorney to dray v up appropriate questions to be asked of the Attorney
General,and to bring these prepared questions before the Council
at the November 4th Council meeting fortheir consideration and
Capproval before submission to the Attorney General .
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` Council Minutes - 7 - Tues . ,10/28/75
B. Report of Director of Community Services
2 . Consideration of purchase of f Zylka property at Staring Lake .
City Manager Ulstad stated that we have been unable to reach an
agreement with Mr. Zylka, therefore , we do not have anything
to consider at this time.
C. Report of Planninq Director
1 . Comprehensive Guide Plan Consultants (nteviews).
City Manager Ulstad explained the order of appearance of the
three consulting firms to be interviewed , each allowed an hour
if needed:
8:00 PM - Midwest Planning - Mr. David Licht
9:00 PM - Brauer & Associates - Mr. Don Brauer
10:00 PM - BRW(Bather,Ringrose & Wolfeld) - Mr. Peter Jarvis
The Council directed the following ten questions to each of the
consultants being interviewed and the consultants responded
accordingly:
C.
1) What do you see as Eden Prairie's major problem or
problems in the next five years ?
2) What problems have you solved in other communities
you feel you were particularly successful in handling ?
3) What problems did you feel you did not solve too well and
why?
4) Which persons on your staff would you assign to this
Eden Prairie project? Why would you select them for this
work ?
5) Would you handle genuine differences of opinions on planning
proposals with the Eden Prairie staff and with the Council or
Planning & Zoning Commission members or citizens ?
6) have you done work for any firms now developing in Eden
Prairie ?
7) Would you agree to prepare a list of current Eden Prairie clients
who might be dealing with the Council ?
8) What use would you make of the existing Guide Plan and its
amendments ?
9) How would you involve citizens in the planning process ?
10) What would the finished product include ?
Osterholt asked if the Council could meet with other members of each of
the consulting firms who would be working on this Guide Plan. All firms
answered in the affirmative.
Council Minutes - 8 - Tues . ,10/28/75
D. Report of City Manager
1 . Authorisation for Public Safety_De2artment to advertise for bids
for three police vehicles .
MOTION: Meyers moved, seconded by Penzel, to authorize
the Public Safety Department to advertise for bids for three
police vehicles to be received and reviewed by the Council
on November 12 . Motion carried unanimously.
2. Request_to_advertise forbids for: 1 Sweeper, l Chipper,
and 1 StrzQer. �------- ^- - T-
Continued to November 4th Council meeting .
3 . Foot] Ilandlinq Ordinance .
Ulstad stated the necessary changes are not complete at this
time .
MOTION: Penzel moved, seconded Bye, to continue this item
- to the December 9th Council meeting . Motion carried unanimously.
E. Re 7rt of Finance Director
1 . Clerk's License List
MOTION: Meyers moved, seconded by Pauly, to adopt Clerk's
License list dated October 28 , 1975 . Motion carried
unanimously.
2 . Payment of Claims Nos. 7903 = 7988
MOTION: Penzel moved, seconded Bye, to approve payment of
Claims Nos . 7903 -- 7988 . Roll Call Vote: Meyers , Bye , Penzel,
Pauly and Osterholt voted "aye" , motion carried unanimously.
IV. NEW BUSINESS
A. General discussion took place pertaining to the consultants Interviewed
earlier in the evening . Lee Elizer, former member of the Arden Hill's
Planning Commission and presently a resident of Eden Prairie residing
at 14324 Wedgeway Court, took part in the discussion. Mr. Elizer
as a member of the Planning Commission in Arden Hills had gone through
a similar process in updating their Comprehensive Guide Plan.
It was agreed that this discussion be continued until the November 4th
Council meeting .
Cou..-i.. p.-linutes - 9 - Tues. ,10/28/7S
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IV NEV`r" BUSINESS (continued)
B. The Council discussed various ways of filling the vacancy
created by the resignation of Mayor. Osterholt. . City Attorney Perbix
stated that he would look further into the law pertaining to filling of
this vacancy. This item continued to the November 4th Council
meeting .
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C . City Manager Ulstad reminded the Council members of the Association
of Metropolitan Municipalities meeting to be held Thursday, October 30.
D. City Manager Ulstad distributed letters to the Minnesota Congressional
District to be signed by the Council members in support of the
Minnesota Valley National Recreation Area
E. Ulstad reminded Council that interviews were being held on Wednesday,
October 29, for census takers .
F. Purgatory Creek Open Space Corridor Study - Ulstad requested that this
Public Hearing scheduled for November 18 be continued to a later date
in order for the Planning Commission to review this study.
G . Ulstad has been in touch with Mr. Andre , Administrator, Metropolitan
Transit Commission, regarding the establishment of a shelter at the
<- Intersection of S and Mitchell RoaC possibly on a gratis basis .
H.. Meyers requested the..Human Rights C_ ommission be directed to do a thorough
study on providing student housing in the community. The Council agreed.
I. Meyers expressed concern regarding action on Parkview Apartments
rezoning and requested that this item be placed on the November 4th
Council agenda .
J. Penzel discussed complaint he has received regarding the hockey rink
at Prairie View School .
V. AD1:0URNMENT
MOTION: It was moved by Bye, seconded by Penzel, that the meeting be
adjourned at 1:10 PM. Motion carried unanimously.
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