City Council - 11/04/1975 a
(APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 4 , 1975 7:30 PM, CITY HALL
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COUNCIL MEMBERS: Mayor D. W. Osterholt
William Bye
Joan Meyers. s ;
Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT: City Manager Ro3er Ulstad
City Attorney Harlan Perbix
Director of Community Services Marty jessen
City Engineer Carl Jullie
Finance Director John Frane
Recording Secretary Joyce Provo
INVOCATION - Given by Bill Bonner, Eden Prairie Community Church
PLEDGE OF ALLMIANCE
ROLL CALL - All members present.
I. REVISED_UNAPPROVED MINUTES OF THE REGULAR COUNCIL MEETING HELD
TUESDAY, OCTOBER 7, 1975 . _
Pg . 7, para . 1, 4th line , after "the" and before "golf" insert "entire" .
ofgo4, 2nd line , after "dedication" insert "of the entire course as an" .
Is it " 7, 2nd line , strike "Pauly" and in 3rd line insert "Pauly" after "Bye" .
MOTION: Osterholt moved, seconded by Penzel, to approve the minutes of
the October 7, 1975 Council meeting as corrected . Motion carried unanimously.
II. PUBLIC HEARINGS
A. Vacation of W. _7_8_th Street la .ng between Lot 12-, Auditor's Subd . No.
335 (�Vve Cafe siteLand the^Eden Prairie Center Addition.
City Manager Ulstad explained that the affidavit of publication is on
file and stated that the Planning Commission at their meeting of
October 8 , 1975 approved the vacation of this property.
MOTION: Meyers moved, seconded by Penzel, to close the Public Hearing
and adopt Resolution No. 1051 vacating a portion of West 78th Street.
Motion carried unanimously.
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Council Minutes - 2 - Tues . ,Novernber 4, 19'/b
'II. _REPOWILS OF OFFICERS, BOARDS & COMMISSIONS
A. Re
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1 . Accept bids for street signing and striping on the Ring Road from '
T.H . 169 to W. 78th Street.
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City Engineer jullie spoke to his memo to the Council dated
October 31 , 1975 regarding bids for•street• signing and striping
on the Ring Road.
Torn.McMahon, representing Howard, Needles , Tammen '& Bergendoff,
answered questions of the Council members pertaining to signing
on the Ring Road,
General discussion took place as to a new name for the Ring Road. x
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MOTION: Meyers moved , seconded by Pauly, to instruct the staff
to take the necessary procedures to change the name of the Ring Road
to be officially called herewith "Schooner Boulevard" . Roll Call
Vote: Pauly, Penzel and Meyers voted "aye " , Osterholt and
Bye voted "nay" . Motion carried.
MOTION: Meyers moved , seconded by Penzel, to accept the 'love
bid of Donnell, Inc . of Savage , Minnesota in the amount of $4,726 .40 for
street signing and the low bid from Clean Sweep of Eden Prairie in the amount
of $622.00 for striping, and to direct the staff to investigate yellow
striping the curb in lieu of "No Parking " signs and also to pursue
the possibility of putting more than one sign on a single post .
Roll Call Vote: Meyers, Penzel , Pauly, Osterholt and Bye voted
"aye" . Motion carried unanimously.
2 . Receive petition reouesting storm sewer studyfor Gonyea-. chutr_op_
ya pro��rtt the Northeast corner of Co.Road 4 and State Hwy. S .
City Manager Ulstad spoke to the communication dated October 14, 1975
from 1. E. Brill , Jr . , Attorney, representing Dennis Gonyea , requesting
a storm sewer on the above mentioned property.
MOTION: Penzel moved, seconded by Bye, to adopt Resolution No.
1052 ordering preparation of a feasibility report on Project STR 75-4-20,
contingent on the agreement of the applicant paying ell of the costs
incurred ;y its preparation and to reimburse the proponent if the
project is ordered in through a Public Hearing . Motion carried
unanimously.
CounrAl Minutes - 3 - Tues . ,November 4 , 1975
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A. Report of City Engineer (continued)
3. Approval of Amsden Hills Preliminary Plat
City Manager Ulstad referred to the Planning Commission' s
unapproved minutes dated 10/28/75 whereby the Commission
recommended to the Council the approval of Amsden Hills
preliminary plat . At this same meeting the Commission expressed
a number of concerns which City Engineer jullie spoke to.
MOTION: Penzel moved, seconded by Pauly, to adopt Resolution
No. 1053 granting preliminary plat approval for Amsden Hills .
Motion carried unanimously.
B. Report of .Director of Community : ervices
1 . Recommendation of the Parks Recreation & Natural Resources
Commi 5sior.-onplicy andprocedures forparl: land dedication {
or cash in lieu of lend .
Director of Comriunity Servicos lessen outlined his memos dated
August 15 and October 30, 1975 as submitted to the City Council .
Meyers noted in lessen's rnerno of August 15 that the City will
require the developers to provide mini-parks . lessen responded that
this was the consensus of the Parks, Recreation & Natural Resources
Commission. l
City Attorney Perbix stated he thought the simplest way would be
to get back to an acreage basis - both commercial, industrial
and residential.
Penzel suggested that a definite formula be submitted to the Council.
Bye added that the Council would like to be able to react to a firm,
solid recommendation which the staff should initiate and recommend,
and the Council could react to in one way or another.
The Council requested the Parks, Recreation & Natural Resources
Commission develop a formula on how credit could be applied and
what they would do to protect natural resources, including a provision
for trailways and mini-parks for reevaluation by the Council .
2 . Recommendation of the_Pfarks, Recreation and Natural Resources
Co_m_mission on regulation of gravel operators in the City of Eden +
�___.�._____Prairie .
City Attorney Perbix discussed aspects of Mr. jessen's memo
dated October 9 , 1975 to the City Council, stating he thought
we could justify increased permit fees , but cannot see how we
can justify up to . 05� per cubic yard mining fee. Perbix feels we should I
Couacii Minutes - 4 - Tues. ,November 4, 1975
2, Recommendation of the Parks , Recreation and N_atu_r_a_1_R_esources
Commission on rregulation of gravel orators in the City of Eden
Prairie (continued)
strengthen Ordinance No. 142 by increasing fees, and strengthening n
the bond provision in terms of reclamation, but does not feel we
should ask questions of Attorney General. Noted that the law
in Minnesota seems to be pretty clear that we cannot charge a
tonag a fee .
Herliev Helle stated he doe:- not feel gravel mining opera Lions
takes much control .
MOTION: . Penzel moved, sl_-:,-onded by Pauly, to direct the City
Attorney, Director of Community Services and the City Engineerto develop re-
commendations to strengthen Ordinance No. 142 by working together reviewing
the provisions for reclamation, bonding and increased fees . Also
to make a further recommendation on enforcement procedures to
insure compliance with license provisions and cost of this
enforcement in terms of man hours , contractual services and related
costs. Motion carried unanimously.
C . Report of City Manafir
1. Discussion of Procedure to follow to fill vacancy on the City
Council.
Pen7.el suggested that information be publicized that the City _
Council is seeking by November 21 a written statement from people who
are desirous of being appointed to the City Council to fill the
vacancy which will occur on januaryl , and subsequent to the
receipt of these applicant:: the Council will be making its
selection on a preliminary basis by November 25 .
Pauly noted that theio are some very capable people who
probably would not call in and -s•iggested their names be
submitted by a second party and then contacted to inquire if
they would be interested or would accept an appointment to the
Council. Pauly further explained that the Manager or a designated staff
could make calls to individuals on behalf of the City Council and/or
citizens suggested names.
Meyers felt we should be specific in our request to the newspaper
and individuals giving them the three options available :
1 . 1 Year Mayor's position
2 . 1 Year Councilman's position
3 . 3 Year Councilman's position
The Council will consider each applicant based ci, his or her
qualifications.
C2. Continim.d discussion on Com rehensiva Guido Plan Consultants
MOTION: Bye moved to continue this item until after joint Meeting
with the Planning Commission on November 13 , seconded by Penzel .
Bye , Pauly, Penzel and Osterholt voted "aye" , Meyers abstained.
Motion carried .
;ouncil Minutes -- 5 - Tues . ,Noveniber 4, 1975
2 . Continued discussion on Comprehensive Guide Plan Consultants (Cont'd)
Osterholt responded to the request from the Council to
contact Brauer & Associates to see if there would be a
conflict of interest on their part. Don Brauer felt there
would not be a conflict of interest as they aye not
requesting any variances or exceptions. Osterholt further
expressed that similar problems may be existent with any
of the consultants interviewed .
Sweeper 1 Chipper
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3 . Request to advertise. for bids for: 1 ^_P �
and �str��nr� - --
Penzel requested clarification on some of the specifications
as submitted to the Council .
MOTION: Penzel moved , seconded by Osterholt, to continue
this item to the November 12th Council meeting.
Mayor Osterholt relinquished the Chair to Actiing: Mayor . ......
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Meyers. - -
4 . Purgatory Creek. Open Space Corridor Study_ .
Ulstad requested that the Purgatory Creek Open Space Corridor
Stud, Public Hearing previously scheduled for November 18 , 1975 ,
be rescheduled to that point in time when the Planning Commission
( and Parks , Recreation and Natural Resources Commission have
had a chance to review this study further.
MOTION: Faye moved, seconded by Penzel, to continue the
Public I-fearing on the Purgatory Creek Open Space Corridor Study
from November 18, 1975, to a date when the study has been
t.,oroughly reviewed by.tlie, Planning -Commission and -Parks , Recreation
& Natural Resources Commission. Motion carried unanimously.
5 . Parkview Apartments ^ rezoning agreement changes.
Mayers expressed her concern that the neighborhood park t�
to be dedicated to the City by the proponent is of a small
size . Developed areas surrounding it have their own
recreational facilities internally and she would rather see that
cash be received in lieu of capital improvements originally
planned for this park area. The zoning agreement should so be
corrected and amended prior to the 2nd reading of the Zoning
Ordinance .
MOTION: Meyers moved , seconded by Penzel, in addition to--
the 2 1/2 acres of park land dedication,that cash in lieu of
capital improvements be received from laden Development, Inc .
Motion carried unanimously.
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C=ju,icii Minutes - 6 - Tues . ,November 4, 1975
D. R_ effort of Finance Director
1 . Receipt of bids for two park houses.
Ulstad spoke to memo submitted by Finance Director John Frane
dated 10/30/75, noting that we have received a bid for the home 1
at 9800 Amsden Road in the amount of $750.00, and that no bid
has been received for the home at 8608 County Road 18. Ulstad
further explained that there is a possibility of renting the home
at 8608 Cotinty Road 18 .
MOTION: Bye moved, seconded by Osterholt , to accept the bid
for $750 . 00 from Ernst House Movers for the home at 9800 Amsden
Road , and th<,t the City Manager report back to the Council as to
an alternative use for the homy: at 8608 County Road 18. Motion
carried unanimously.
2 . Bond sale in the amount of $2 ,150 ,000 .00
Robert Ehlers, Ehlers & Associates, Iric . , reported that two bids
had been received and tabulated - one from Piper, Jaffray &
Hopwood in the amount of $1,474 .989 .00, and the other in the amount
of $1,454 ,762.50 from Bancnorthwest . Mr. Ehlers noted that the
low bid from Bancnorthwest compares very favorably with communities
such as Minnetonka . This bid is •3/4s under the index. Bancnorthwest
was awarded the bid.
MOTION: Bye moved, seconded by Penzel, to adopt Resolution
No. 1054 awardingthe sale of $2 150 000 00 Bonds and Certificates
n C e i to
of Indebtedness. Roll Call Vote: Bye , Penzel, Meyers , Pauly
and Osterholt voted "aye" , motion carried unanimously.
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MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1055 ,
establishing the terms of $1,000,000 . 00 G . O. Water and Server
Bonds (Series 6) . Roll Call Vote: Bye , Meyers, Penzel, Pauly and
Osterholt voted "aye", motion carried unanimously.
MOTION: Meyers moved , Penzel seconded, to adopt Resolution
No. 1056 establishing the terms of $900 ,000 .00 G .0. Improvement
Bonds, and providing for their payment. Roll Call Vote: Meyers, Penzel,
Pauly, Bye and Osterholt voted "aye" , motion carried unanimously.
MOTION: Pauly moved, Bye seconded, to adopt Resolution No . 1057
establishing the terms of $250,000 . 00 Certificates of Indebtedness .
Roll Call Vote: Pauly, Bye , Meyers , Penzel and Osterholt voted
"aye", motion carried unanimously.
3 . Clerk's License List
MOTION: Perizel moved, seconded by Osterholt, to approve
the Clerk's License List dated November 4, 1975 . Motion
carried unanlrnously.
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Council Minutes - 7 - Tue s . ,November 4, 1975
IV. NEW BUSINESS
1 • Pauly noted in reviewing the budget two matters should be looked
into: Membership in the Minnesota League of Municipalities and
the Public Nursing Fund.
Bye requested to leave the meeting at 10:30 PM.
2.. Perbix discussed prosecution of shop lifters and bad checks
3. General discussion regarding Edengate depositions.
4. City Manager Ulstad presented letter to Council dated 11/2/75
from James R . Hill Pemtom, Inc. , requesting a Public Hearing on
the Mitchell Lake PUD.
S. Meyers reauested a verbal report be presented to Council members
on hunting in Eden Prairie.
V. ADJOURNMENT.
MOTION: Perizel moved, seconded by Pauly, that the meeting be adjourned
at 10:45 PM. Motion carried unanimously.
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