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City Council - 11/25/1975 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 25 , 1975 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers 4 Sidney Pauly Wolfgang Penzel ' COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Chief Building Inspector Wayne Sanders City Engineer Carl Jullie Director of Community Services Marty Jessen Recording Secretary Joyce Provo INVOCATION - Silent Prayer • PLEDGE OF ALLEGIANCE R` '.L CALL - All members present I. MINUTES OF JOINT COUNCIL & PLANNING COMMISSION MEETING HELD THURSDAY, NOVEMBER 13 , 1975 . MOTION: Penzel moved, seconded by Meyers, to approve the minutes of the joint Council & Planning Commission held 11/13/75 . Motion carried unanimously. MINUTES OF THE R DG ULAR MEETING HELD WEDNESDAY, NOVEMBER 12 , 1975 Pacre 4 , para . 4 , 3rd line, after "bidder" insert "on an intermediate size vehicle ", and in the same para. strike all langauge after "b" and insert a new "b" to read "The accessory equipment conversion cost of $385 .00 per vehicle for a compact vehicle . " In the same motion strike "and the Public Safety Department be instructed to operate these vehicles with standard tires until such time as those need replacement" and insert in lieu thereof "Towns Edge bids shall exclude radial tires in the amount of $71 .80 per vehicle . Roll Call Vote: Meyers , Pauly, Penzel and Osterholt voted "aye" , motion carried. Page 5 , para . 3 , 2nd line, strike "award and insert "consider" . " para . 7 , 2nd line, after "is" insert "again" and in the same line after "becoming " strike "too" , line 3 , after "referendum" insert "without input from the Council, " . Page 6 , 2nd para. , 2nd line , strike "Seere" and insert "Seery" , and in the same line after "water" insert "assessment" . ti MOTION: Penzel moved, seconded by Meyers , to approve the minutes of the November 12 , 1975 Council meeting as corrected . Motte.�r► carried unanimously. p/ <, ' II. ORDINANCES & RESOLUTIONS A. Resolution No. 1059 honoring Les and Frances Blacklock MOTION: Meyers moved , seconded by Penzel , to amend Resolution No. 1059 by deleting the 2nd "Whereas" clause. Motion carried unanimously. ; z MOTION: Meyers moved, seconded by Penzel , to adopt Resolution No . 1059 as amended . Motion carried unanimously. n III. PETITIONS, REQUESTS AND COMMUNICATIONS A. Communication from Eden Prairie Lions Club regarding their donation for the picnic pavilion at Round Lake Park Mike Gust, President of the Eden Prairie Lions Club, presented a check to the City of Eden Prairie in the amount of $3 , 000.00 as their first donation towards the Picnic Pavilion at Round Lake . Mr. Gust noted that the Lions Club will be donating an additional $2 ,500 .00 in 1976 and 1977 for the picnic pavilion. Also present* representing the Lions Club were: Bob Hallett, Calvin Anderson, Terry Fields and Floyd Berntsen. Mayor Osterholt thanked the Lions Club for the many contributions they have made to the City of Eden Prairie and expressed gratitude to the entire organization . B. Communication from Hennepin County regarding a_public hearing on solid waste energy recovery City Engineer jullie and City Manager Ulstad reviewed the communication from John E. Derus , Chairman, Public Works Committee , regarding the public hearing on a solid waste energy recovery proposal. Bye expressed his desire to have Mr. Ulstad attend the public hearing on December 10 , 1975 , 7:30 PM at the Hennepin County Commissioners meeting room, and requested at this meeting we should just listen and make our comments at a later time. The Council agreed to this request. C. Request for a stop sign at 13995 Holly Road and Valley View Road at Railroad Underpass City Engineer jullie pinpointed the two locations where the requested stop signs would be placed at 13995 Holly Road and Valley View Road at Railroad Underpass . Penzel questioned the requested stop sign at 13 995 Holly Road asking if this ' proposed stop sign fits in the overall signage program, what the cost would be , and how is it going to be deferred. iw . t Council k4inutes - 3 - Tues . ,November 25, 1975 C. Request for a stop sign at 13995 Holly Road and Valley View Road at x. Railroad Underpass (continued) Jullie answered that the overall signage program does not recommend a stop sign at this location but does not believe this specific location was addressed . He further noted that it would cost approximately $50.00 to install and could be included with the overall signage program. k MOTION: Penzel moved, seconded by Pauly, to approve the installation of a stop sign at Valley View Road at Railroad Underpass. Motion carried unanimously. Osterholt requested that the staff report on conditions which would warrant stop signs throughout the community and other safety factors, i.e. guard rails, etc . D. Request for a liquor license at the Eden Prairie Super Club by Dean Dresbach Ulstad explained that a request has been received from Dean Dresbach for a liquor license at the Eden Prairie Supper Club. Bye questioned what the estimated value of the property would be. Dresbach answered that in 1970 the property was appraised at $185 ,000 `- and has been remodeled since that time. Penzel noted inconsistencies in the application from Mr. Dresbach and felt that until these questions are cleared up he would not feel there is any reason to consider this permit for a liquor license . Osterholt requested that guidelines be drawn up for distribution of liquor licenses in the future . MOTION: Meyers moved , seconded by Penzel , to table application. Motion carried unanimously. IV. REPORTS OF OFFICERS , BOARDS & COMMISSIONS A. Report of City Engineer 1 . Request for review of Trunk Sewer and Water assessment for 6825 Eden Prairie Road Jullie spoke to his memo dated November 21 , 1975,outlining request by Mrs . Nina Seery to review the trunk sewer and water assessment levied against her property at 6825 Eden Prairie Road in 1972 . Vern Olson, property owner of 10 acres adjacent to Mrs . Seery, spoke in favor of her request. Council Minutes - 4 - Tues. ,November 25 , 1975 1 . Request for review of Trunk Sewer and Water Assessment for__ 6825 Eden Prairie Road (continued) MOTION: Bye moved, seconded by Penzel, that Mrs . Seery visit with the staff regarding her request and that the staff bring the matter back to the Council with a recommendation on this parcel and information on similar parcels in the community. Motion carried unanimously. 2 . Change Order No. 2 , I.C . 51-262 , Northdale Construction, Inc. Jullie outlined Change Order No. 2,--I.C. 51-262 , Northdale Construction, Inc. MOTION: Penzel moved, seconded by Bye , to approve Change Order No. 2 , I.C . 51-262 , Northdale Construction. , in the amount of $1 , 119 . 69 . Roll Call Vote: Penzel, Bye , Meyers , Pauly L-nd Osterholt voted "aye" . Motion carried unanimously. 3. Change Order No. 2 , I.C . 51-278 , Minnesota Valley Surfacing Co. Y Jullie outlined Change Order No. 2 , I.C . 51-278, Minnesota j Valley Surfacing Co. t MOTION: Meyers moved, seconded by Penzel, to approve Change Order No. 2 , I.C. 51-278, Minnesota Valley Surfacing Co., in the x amount of $15 , 016 . 00 . Roll Call Vote: Meyers, Penzel, Pauly, Bye and Osterholt voted "aye". Motion carried unanimously. B. Report of City Manager 1. Discussion of liquor license ordinance i Ulstad explained that owner s of proposed properties are considering food establishments who want to serve just wine and do not want to be considered for a liquor license in total. ' Perbix stated that the in 1974 the Legislature enacted legislation that permits the provision of on-sale wine licenses and sets up minimum standards for people and license fees , license fees being 1/2 of a liquor license but not to exceed $2 ,000. Does not affect the number of on-sale liquor licenses that the Council may choose to issue. We may have to amend our liquor license ordinance to incorporate the right to issue these types of licenses. Council Minutes - 5 - Tues . ,November 25 , 1975 12 1 . Discussion of liquor license ordinance (continued) MOTION: Penzel moved, seconded by Bye, that staff be instructed to prepare an amendment to the liquor ordinance which would permit the issuance of a License restricted toAl wine only. Motion carried unanimously. 2. Fraser Home for mentally disabled Ulstad showed illustrations of the types of homes proposed by the Fraser Home for mentally disabled , explaining that this proposal ' is to construct a home that will house 12 people per home including parents. The proposed location is in The Preserve adjacent to the Windslope area , which the Council has approved zoning for a multiple dwelling facility. The ordinance presently specifies six people per home and the proposal speaks to 12 . Stated lie just wanted to review this proposal with the Council before pursuing it further. E Osrerholt questioned if the proposal is for 1 home or 3 homes . Ulstad answered that the proposal is for 3 homes or_ a 4 acre site and that each home would house 12 clients. He further stated that he hasn't asked the proponent to submit a request as it is not in conformance with Ordinance No. 289 as adopted by the Council . c MOTION: Bye moved, seconded by Pauly, to direct the staff to bring to the Council's attention the modifications in Ordinance No. 289 that need to be taken for consideration of a project as outlined, and to further bring this matter to the attention of the Human Rights Commission and the South Hennepin Human Services Council for their recommendations . Motion carried unanimously. 3. Edengate communication MOTION: Bye moved, seconded by Penzel, to receive and place on file the communication from Gerald B. Pautz dated November 6 , 1975. Motion carried unanimously. 4. MAPSI's proposal for contractual animal control services during 1976 Ulstad reviewed MAPSI's contract for 1976 outlining the various changes from 1975, noting number of patrol hours in 1974 to be 425 hours and the first 10 months in 1975 to be 395 hours. j`' C 4. MAPSI's proposal for contractual animal control services during { 1976 (continued) Osterholt questioned if the staff finds MAPSI provides satisfactory service and if there have been any complaints . Ulstad stated that no major complaints have been received . s Meyers suggested that the fee ordinance for licensing dogs, etc. , should include slight increases to recuperate some of these costs. MOTION: Penzel moved, seconded by Pauly, to accept the 1976 contract for Animal Control Service with MAPSI. Roll Call Vote: Penzel, Pauly, Bye, Meyers and Osterholt voted "aye" . Motion carried unanimously. i 5 . Consideration of a consulting firm to update the 1968 Comprehensive Guide Plan t E. MOTION: Meyers moved, seconded by Penzel, that the Council accept the recommendation of the selection committee and authorize - the Mayor and City Manager to enter into a contract with the k firm of Midwest Planning and Research, Inc . to update the 1968 Comprehensive Guide Plan. Roll Call Vote: Meyers and Penzel voted "aye", Pauly, Bye and Osterholt voted "nay Motion failed. t MOTION: Bye moved, se--onded by Pauly, that the City Manager and Mayor enter into a contract with Brauer & Associates to serve as the consultants to update the 1968 Comprehensive Guide Plan. Roll Call Vote: Bye, Pauly, Osterholt and Penzel voted "aye" , Meyers abstained . Motion carried. Osterholt requested the City Manager, staff and consultants draft a contract for the Council spelling out the details for updating the Comprehensive Guide Plan and that the Council review this draft contract before actually signing the finalized contract. The Manager requested participation of the Planning & Zoning Commission in the drafting of the contract. The Council concurred with this request. 6. Report on present status of park dedication requirements Ulstad outlined the memo from John Frane dated November 21, 1975 -` regarding money paid in lieu of land dedication for parks from 1971 to the present time. Meyers indicated based on the information as submitted in the re- cap dated 11-75 , Park Dedication or Cash in Lieu of Land Required of Developers Prior to Final Plat 1970 to Present, it is to be noted that procedures in the past have been: 1) Inconsistent 2) Internal privote recreational facilities seem to influence public contributions 3) Dvaserably short of active recreational land, and 4) Original concept PUD dedications seem inadequate . /4 Council Minutes - 7 - 7ues. ,November 25, 1975 6. Report on present status of park dedication requirements (continued) It was the general consensus of the Council that in the future the City establish policies to affect all proposals in an equal, fair and just manner. 7. Discussion of Ordinance No. 135, Section 2.7 , Zoning Ordinance Ulstad requested the Council's attitude on Zoning Ordinance No. 135 , Subd. 2 .7 (4) , whether it is the intention of the City to allow metal buildings with decorative front and supplemental buildings for storage within our industrial zoned area. Indicated the City has received three requests at the present time . Osterholt stated that the intent of the ordinance was that metal buildings would not be permitted. The ordinance refers to the entire exterior of the building, not just one side. Perbix noted that the key language is "factory fabricated" . Cannot see in the ordinance where factory fabricated buildings are prohibited. MOTION: Meyers moved, seconded by Penzel, to direct the City Attorney to recommend changes in Zoning Ordinance No. 135 , Subd. 2 .7 (4) , to clear up the obscurity of the statement in (4) and refer those changes to the Planning Commission for their recommendation. Motion carried unanimously. 8. Discussion of Gravel Mining and Land Alteration Ordinances Ulstad outlined that the City in 1970 developed Ordinance No. 142 relating to excavation pits and removal of earthly deposits, which specifically spoke at that time to gravel mining operators. In 1973 the City experienced some difficulty not only in the area of mining and removing of earthly deposits but some scalping of land, thus Ordinance No. 226 amending Ordinance No. 142 was adopted. Ulstad suggested that the Council give consideration to someone in addition to the City Manager to make recommendations, i.e. the Planning Commission. Penzel stated that if the Manager has a question on either of these ordinances he may refer it to a Commission. Bill Pearson, B & R Rock, Company, spoke from the audience stating that bonding or higher license fees must be reflected in the price to the consumer. No action required . C . «7y ',; Council Minutes - 8 - Tues. ,November 25, 1975 1 �m C . Report of Finance Director. 1 . Clerk's License List MOTION: Bye moved, seconded by Penzel, to approve the Clerk's License List dated November 25 , 1975. Roll Call Vote: Bye, Meyers, „} Penzel, Pauly and Osterholt voted "aye " . Motion carried unanimously. 2 . Payment of Claims Nos. 8070-8184; 8053 and 8057 MOTION: Penzel moved, seconded by Bye , to approve Payment i of Claims Nos . 8070-8184; 8053 and 8057. Roll Call Vote : Bye, Meyers , Penzel, Pauly and Osterholt voted "aye " . Motion carried unanimously. Bye requested that a total dollar amount for conferences and schools be submitted to the Council. 1 V. NEW BUSINESS A A . Bye requested a review of the beaver situation. Ulstad explained that there are at least two dams in the Riley-Purgatory Creek Watershed District in the vicinity of Valley View Road. One of the dams has been reduced or possibly removed to reduce level of water building up and endangering the traveled roadway. Ulstad further stated that we do not issue permits for trapping beavers at the City level, as the Department of Natural Resources issues this type of _ permit. We have requested that Department o_f. Natural Resources let us know when someone receives a permit to trap in Eden Prairie . Our Public Safety Department does check when they see trapping being done. Dick Anderson, 14208 Charing Cross, Spoke against trapping beavers In the Riley-Purgatory Creek 'area and suggested that a further study be conducted before any more trapping is done . Penzel questioned the type of traps being used and by continuing to permit this kind of activity we would be endangering the children of our community. MOTION: Bye moved , seconded by Penzel, to instruct the staff, for the protection of humans and domesticated animals , that we cease and desist any trapping in the Riley-Purgatory Creek area . Motion carried unanimously. B. Pauly questioned if it was proper in our ordinances which set up various ` advisory commissions to single out youth members. 4 `Council Minutes - 9 - Tues November 25, 1975 V. NEW BUSINESS (continued) 1 i C. MOTION: Penzel moved, seconded by Bye, to add the Council vacancy Item to the agenda . Motion carried unanimously. Mayor Osterholt requested not to be a part of the discussion or voting on this particular Item . The four Council members voted by weighted ballot narrowing the ten applicants down to three, the three being Tim Pierce, Paul Redpath and Don Sorensen. MOTION: Bye moved the intent of the Council would be that the Mayor's selection be made from the remaining Council members, Penzel seconded the motion. Bye, Penzel, Meyers and Pauly voted "aye" . Motion carried. MOTION: Bye moved, seconded by Penzel, to contact each of the applicants and inform them of the process and let the three in contention know there will be interviews. The decision on when to hold interviews . will be decided at the December 2nd Council meeting . Bye, Penzel, Meyers & Pauly voted "aye" . Motion carried. VI. ADTOURNMENT MOTION: Penzel moved, seconded by Meyers, to adjourn the meeting at 10:45 PM. Motion carried unanimously. N'7