City Council - 11/12/1975 EDEN PRAIRIE CITY COUNCIL
WEDNESDAY, NOVEMBER 12 , 1975 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor D. W. Osterholt, Joan Meyers , Billy
Bye , Wolfgang Penzel and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Keith Simons
City Engineer Carl Jullie
Public Safety Director Jack Hacking
Maintenance Supervisor Ray Earls
Recording Secretary Joyce Provo
INVOCATION - Given by Roger Ulstad, City Manager
PLEDGE OF ALLEG IANC E
.ROLL CALL - Osterholt, Meyers, Penzel and Pauly prt:sent.
Bye absent.
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I. MINUTES OF THE REGULAR MEETING HELD TUESDAY, OCTOBER 28, 1975
Pg. 1 , after ROLL CALL strike "All members present" and insert in lieu thereof
"Osterholt, Pauly, Penzel and Meyers present" .
Pg . 2, para. 8, at the end of the 2nd Motion, insert "Meyers seconded" , and
in para . 9, 2nd line strike "Pauly" , 3rd line insert "Pauly" in the beginning
of the line.
Pg . 4, para . 2 , 2nd line , after "City" insert "Manager and Mayor" .
Pg . 5, after para. 4 add a new paragraph to read: "Mayor Osterholt offered
to contact the Minnetonka Council members to participate in this
project" .
to to para . 5, after "STR 75-3-17, add "and direct the Mayor to contact
members of the Minnetonka City Council" .
Pg . 9, para . 4, line 2 , strike "28" and insert in lieu thereof "29" .
" if para. 7, 1st line , strike "directed" and insert "requested", and in the
same line after "Commission" add "be directed" . 2nd line, add a new
sentence to read "The Council agreed."
MOTION: Penzel moved, seconded by Meyers, to approve the minutes of
the October 28 , 1975 Council meeting as corrected._ Motion carried unanimously.
MINUTES OF THE REGULAR MEETING HELD TUESDAY NOVEMBER 4 1975 .
Pg . 2, para . 5 , line 7, strike "Penzey" and insert "Penzel".
Pg . 3, para. 7, line 1, strike "replied" and insert "added" .
Pg . 4, para . 3 , line 2 , after "Engineer" insert "to develop recommendations".
" para . 4 , line 4 , ,after "January" insert "I " , and in line 6 strike
"recommendations" and insert "selection" _
" para . 5 , line 5 , after "staff" insert "member"
Pg . 7, item 5 , after "a" insert "verbal" , *and after "report" insert "be presented
to Council members•' ,-. strike remainder of item 5 after "Prairie" I adding a
period ofter "Prairie" . -
MOTION: Penzel moved, seconded by Meyers , to approve the minutes of the
November 4, 1975 Council meeting as corrected. Motion carried unanimously.
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Council Minute s _ - 2 .- - .Wednesday,
II. ORDINANCES & RESOLUTIONS
A. Ordinance No. 309 prohibiting unreasonable acceleration and erratic
driving of vehicles; prohibiting the leaving of key in an unattended
vehicle and imposing penalty for the violation thereof. f
Jack Hacking , Public Safety Director, outlined the contents of Ordinance 41.
No. 309 and why he supports such an ordinance.
City Attorney Simons explained that violations of Ordinance No. 309
constitute a petty misdemeanor with a fine ,of $100. 00.
Pauly stated that this type of law should come out of the Legislature
rather than having each municipality adopt its own opinion.
MOTION: Meyers moved, seconded by Penzel, to instruct the City
Manager, City Attorney,and Public Safety Director to submit a written
request to our legislators to introduce a bill during the next legislative
session which would incorporate unreasonable acceleration and erratic +.
driving of vehicles and prohibiting the leaving of key in an unattended
vehicle . Motion carried unanimously.
III. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Jaines R. Hill, Vice President of Pemtom, Inc . , for
the Council to set a Public Hearing on the revision of the Mitchell Lake
PUD.
MOTION: Meyers moved, seconded by Pauly, to set December 2, 1975
as the Public Hearing date for the Mitchell Lake PUD. Motion carried
unanimously.
IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of City Engineer
1 . Registered Land Survey for parcels (2127) and (2129) , Sec. 35 located
east of Homeward Hills Road at Riverview Road.
City Engineer Jullie outlined his memo to the Council dated November 7
regarding the approval of the Registered Lend Survey for the Robert
Brown property located along River View Road and ee-st of Homeward
Hills Road.
Meyers asked Mr. Brown if he would have any objection to rezoning
Tract B to R1-22 . Mr. Brown stated he could see no reason why not.
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Coun=i:
Council Nlfndfes - 3 - Wedne day, 11/12/75
1 . Registered Land Survey for percels (2127) and (2129), Sec. 35 , located
east of Homeward Hills Road at Riverview Road. (Continued)
MOTION: Penzel moved, seconded by Meyers , to approve the
Registered Land Survey for Parcels 2127 and 2i29 in Sec . 35 adopting
recommendations 1 .A, 2, 3 and 4 in City Engineer's memo dated
November 7, 1975 , and Mr. Brown submit in writing that when Tract
F
A comes in for rezoning approval, that Tract B be considered for
rezoning from Rural to R1-22 or other appropriate residentiPl
zoning. Motion carried unanimously.
2. Receive feasibility report for utilities and street improvements `
on Forest Hill Road extended east of Edenvale 6th Addition,
I.0 . 51-2 73 .
David Husby, P.E. , Rieke, Carroll, Muller Associates, Inc. , appeared
before the Council outlining the four alternatives in his Supplementary
Report on the extension of Forest Hill Road dated November 12 , 1975
Meyers expressed her concern with the growing number of cul-de-sacs
in the community.
.. MOTION: Penzel moved, seconded by Meyers , to return the
feasibility report to the staff and that a conceptual plan be
developed as much as possible inhouse . This conceptual
plan would include a study of the complete road system, taking into
consideration the extension of Mariann Drive, Theresa Place and Forest Hill
Road . Motion carried unanimously.
3. Receive feasibility report for utilities and street improvements for
Areas F and G of The Preserve Commercial Plan, I.C. 51-274
David Husby, P.E. , Rieke, Carroll, Muller Associates, Inc. , spoke
to the feasibility report dated November 12, 1975 for sewer, water and
street improvements in the Preserve Commercial Areas F and G .
Meyers suggested that the City Attorney comment on this portion of
the extension of Schooner Boulevard and the Finance Director report
on the concerns of funding on this project to the City in the long run.
City Engineer Julli,e outlined the communication received from
Lee W. Johnson, V.P. Engineering , Carter & Gertz, Inc. , dated
November 12 , 1975 , giving a summary of the expected grading work
to be performed by The Preserve .
MOTION: Pauly moved, seconded by Penzel, to adopt Resolution
No. 1058 receiving the feasibility report and setting December 2, 1975
as the Public Hearing date. Motion carried unanimously.
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Council Misr,.:c� - 4 - Wednesday, I1/12/75
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A. Report of City Engineer (continued)
4. Change Order No. 3 for I.C . 51-260, Schooner Boulevard r
Project STR 72-9-26 I,, Irving Lamppa Construction, Inc.
r
City Engineer jullie spoke to Change Order No. 3 dated 10/29/75 noting the
amount to be $13,387.27. jullie also explained that on page 1 of the
Change Order, under item III, Ist lire should read "24' access" instead
Of "24' driveway" . jullie also confirmed the fact that yellow paint and
no parking signs are both required.
MOTION: Penzel moved, seconded by Pauly, to adopt Change Order
No. 3 in the amount of $13,387.27 , and that the staff be directed to
conduct vigorious negotiations with the Highway Department on Item
IV. to pay for the total package . Roll Call Vote: Meyers, Pauly,
Penzel and Osterholt voted "eye". Motion carried unanimously.
B. Report of City Manager
1. Award bids for three police vehicles .
Public Safety Director Hacking outlined his memo dated 11/12/75
listing the bids received from Towns Edge Ford, Iten Chevrolet,
and Suburban Chevrolet.
MOTION: Meyers moved, seconded by Pauly, to award the bid
for three police vehicles to Towns Edge Ford as being the lowest
responsible bidder on an intermediate size vehicle for following reasons:
a. Other bids did not include Quiet Sound Group in the
amount of $35 .00 per vehicle .
b. The accessory equipment conversion cost of $3 85. 00 per 3
vehicle for a compact vehicle.
Towns Edge bids shall exclude radial tires in the amount of $71 .80.
Roll Call Vote: Meyers, Pauly, Penzel and Osterholt voted "aye" ,
motion carried
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2 . Food Handling Ordinence
MOTION: Penzel moved , seconded by Meyers, to continue the
Food Handling Ordinance to December 9, 1975 . Motion carried
unanimously.
3. Items to be discussed at joint •Meeting with Planning Commission
on 11/13/75.
City Manager Ulstad asked if the Council members had any additions
to the proposed agenda for the joint Council and Planning Commission
meeting to be held 11/13/75 . Being no additions, the agenda was
approved as submitted .
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,Council Minutes _ 5 _Wednesday, 11/12/75
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4. Request to advertise for bids for: 1 Sweeper, 1 Chipper, and
1 Striper.
City Manager Ulstad explained that this item was continued from
the 11/4/75 Council meeting at which time the Council felt they
needed more information on the specifications.
Maintenance Supervisor Ray Earls appeared before the Council
and answered questions pertaining to the specifications to the
_ satisfaction of the Council members.
MOTION: Penzel moved, Meyers seconded , to receive bids for
1 Sweeper, 1 Chipper, and 1 Striper on December 5 and consider bids
on December 9, 1975 . Motion carried unanimously.
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C. Report of Finance Director
A
1 . Clerk' s License List
MOTION: Meyers moved , Penzel seconded , to approve the
Clerk' s License List dated November 12, 1975 . Roll Call Vote:
Meyers, Penzel, Pauly and Osterholt voted "aye" . Motion carried
C unanimously.
2. Payment of Claims Nos . 7989-8069.
MOTION: Penzel moved, seconded by Pauly , to approve payment of
Claims Nos . 7989 - 8069 with the exceptions of 8003 , 8053, and 8057 .
Roll Call Vote: Meyers, Pauly, Penzel and Osterholt voted "aye".
Motion carried unanimously.
V. NEW BUSINESS
1 . Meyers suggested the Public Safety Department and the Parks,
• Recreation and Natural Resources Commission look into the
matter on the establishment of "no hunting " or "no shooting" zones,.
raising of fees, .and trapping in Eden Prairie .
2 . Meyers expressed concern that the Parks, Recreation & Natural
Resources Commission is again becoming involved in the establishment
of a new bond referendum without input from the Council,and requested
Penzel relay this concern to the Parks , Recreation and Natural Resources
Commission at their next meeting.
3 . City Manager Ulstad spoke to a communication dated 11/12/75 from
N. Walter Graff, Legal counsel for Gerald G . Carnes & Dr. George
Tangen, requesting a public hearing be set for.December 2 , 1975 , for
rezoning for 2 lots from Rural to R1-22 in the Willow Creek area.
MOTION: Meyers moved , seconded by Penzel, to set a Public Hearing
date for December 2, 1975 for the Carnes and Tangen rezoning
request. Motion carried unanimously.
Council Minutes - 6 - Wednesday, 11/12/75
V. NEW BUSINESS (continued)
4. City Manager Ulstad requested the Council receive the informal
count on the census figure of 9,097. The Council honored this
request.
S. City Engineer jullie stated that he had received a request from
Raymond Seery for a review of the trunk sewer and water assessment on his
property east of County Road 4 . No aatfon taken. This matter
to be brought before the Council at a future date.
VI. ADLOURNMENT
MOTION: Penzel moved, seconded by Pauly, to adjourn the meeting
at 11 :00 PM. Motion carried unanimously.
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CLERK'S LICENSE APPLICATION LIST
November 12, 1975
COIITRACTOR (1 & 2 Far.ily)
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Oertel Construction Co.
HEATIIIG & VENTILATING
Royalton Heating & Cooling Co.
Wayzata Plumbing & Heating Co. , Inc.
Fredrickson Heating & Air Conditioning
GAS FITTER
Fredrickson Heating & Air Conditioning
These licenses have been approved by the program head responsible
for the licensed activity.
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Rebecca uernemoen, Deputy Clerk