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City Council - 12/09/1975 r b 5 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 9, 1975 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers a Sidney Pauly y Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix City Engineer Carl Jullie Chief Bldg .Inspector Wayne Sanders Director of Community Services Marty Jessen Maintenance Supervisor Ray Earls Finance Director John Frane INVOCJ!TIOI`: - Anthony Harris , Immanuel Lutheran Church ;a PLEDGE OF ALLEGIANCE ROLL CALL - Osterholt, Penzel and Meyers present, Pauly arrived at Council meeting at 7:50 PM. Bye absent. I. MINUTI'S OF THE REGULAR MEETING HELD TUESDAY, NOVEMBER 25 , 1975. Page 2 , 3rd paragraph, 2nd line , after "their" and before "donation" insert " first" . Page 3, 6th paragraph, 1st line , strike "the inconsistency" and insert "inconsistencies and in the same para . , 2nd line , strike "does" and insert "he would" . Page 4 , 1st para . , 3rd line , after "Council" add "with a recommendation on this parcel and information on similar parcels in the community" . Page 5 , 46 para . , strike•the last two lines in the paragraph. Page 6 , 5th para. . , 2nd line, strike "select" and insert "selection". Page 6 , after. the 7th para . add a new para . to read: "The Manager requested part.icipa•zion of the Planning & Zoning Commission in the drafting of the contract. The Council concurred with this regoest. " Page 9 , wtrika paragraph 3 and insert in lieu thereof: "Thy, four Council members voted by weighted ballot narrowing the ten applicants clown to three, the three being Tian fierce, Paul Redpath and Don Sorensen. " MOTION: Penzel moved, seconded by Meyers, to approve the minutes of the November 25 , 1975 Council meeting as corrected. Motion carried unanimously. 1 / II. PUBLIC FIEARTNG h Sanitcry Sewer, V.',3termain, Storm Sewer and SLrcct Irr:provernnnts for Areas I' and G of The Preserve Commercial Plan and adjoining areas, I Q. 51-274 h City Manager Ulstad explained this was a continued Public Hearing from the December 2nd Council meeting. He further noted that the Council requested Borne assurance for property of this type indicating that payment be guaranteed over the next years when the assessment is spread. ltiiethodist Hospital is in favor of submitting a letter of intent, as well as The Preserve who will submit a letter of intent signed by the President of x the Minneapolis Gas Company to guarantee payment. Perbix stated that he had dome some checking and feels an agreement Is legally possible . One of the major concerns is what happens if a r transfer of property is made during the interim with the assessments on the books . He explained that the Preserve would like to be relieved _ from this responsibility . Perbix stated his recommendation would be that the Council go ahead and order the project and The Preserve will submit a letter to the City for engineering fees . Osterholt questioned what the amount of engineering fees would be. jullie answered the engineering fees would be 5% of construction, amounting to $20 , 000 -- $25, 000 . 1 a Ulstad explained there is a question as to the legality of how to let this kind of a contract with The Preserve to spread the assessments , and after exploring the legal ramifications this should be part of the agreement. MOTIODI: Penzel moved , seconded by Meyers , to adopt Resolution No. 1060 ordering Improvements and preparation of plans with an amendment as follows: After "2" add a new "3" to read - " 3. The Preserve be required to commit to guarantee the costs of preparation of plans and specifications prior to the start of the project and that The Preserve submit this in writing, } In the event the agreement i.:i riot re3ch;.d on the procedures for bonding for the assessment and the project is deferred or deleted, the Preserve will p-:y for plans and speci,icaticrs•. Further thatthe scone of the sewer pr'ojec- sho-m as figure 1 be used . Motion carried unanimously... III. ORDII A'XCE9 ATJD RE:_"QLUT10NS A. First Poading of Ordinance No. 310 amending Ordinance No. 280 (Fee Ord ina ncc) Chief Building Inspector Wayne Sanders spoke to his memo dated C December 4 , 1975 pertaining to suggested additions , deletions and changes to be included in Ordinance No. 310, amending Ordinance No. 280. AD% Council Minutes - 3 - Tues. , December 9, 1975 A. First Reading of Ordinance No. 310, amending Ordinance No. 280 (Fee Ordinances (continued) F Osterholt questioned why the reduction in fee from $200 . 00 to $150. 00 in Sections 5 .1 and 5 . 3. The general consensus of the Council was to leave the figure at $2 00.00. .Meyers stated that the present ordinance regarding gravel mining is probably good enough, but isn't being enforced. Should consider having fee that would cover the cost of an employee inspecting the gravel pits as they are being mined , and also the wear and tear damage on the road. The Council along with Director of Community Services Jessen discussed in general a graduated scale depending on estimated arnount of gravel to be removed. Pauly questioned if Section 4 . 6 A can be enforced. Osterholt commented that this section is too broad in scope. Penzel suggested modification to Section 4 . 6 A to rerad: "Unit heaters , mall furnaces , space heaters and other supplemental heating equipment for permanent installation - $5 . 00 per unit. " Osterholt suggested that a $1, 500 fee be substituted for wine licenses and that $2 , 000 is too high. Penzel stated that he would not have any 4 objection to the $1, 500 figure . MOTION: Meyers moved, seconded by Pauly, to continue the. Fee f Ordinance until January 6 , 1976 , direct the staff to have recommendations on gravel licenses , and further direct the City Attorney to draft a separate ordinance for wine license fees . 'Motion carried unanimously. - t B. First Readina of Ord i-rance No . 311 , ralatin.a to licensing of contractors of the City of hdcn Prairie. Chief Building Inspector Wayne Sanders stated that the n7ajcr change in Ordinance No. 311 is that only one license would be required of a contractor if he. wishes to build both multi-family dwellings , office and/or commercial. , and alp o one and two family dwellings . Under the present, orc;inanc e contractors would have to take out tv:o separate licenses. Perbix e;:rl:ained that- the nacne contractors have been licensed underthe present ordinance two separate ways , and that under Ordinance No. 311 if the City is licensing the higher of the two classes , the contractor would not have to take out a. license for the lesser. l . l5+07 Council Mindtes = 4 - hues. , Lecemoer ty, tvr 4 B. First leading of Ordinance No. 311 , rela inq to licensing of contractors of the City of Eden Prairie (continued) r" MOTIOV: Moyers moved, seconded by Penzel, to approve the first reading of Ordinance No. 311 , an ordinance relating to licensing of contractors of the Civ ' of Eden Prairie. Roll Call Vote: Pauly, Penzel and Meyer-- voted "aye" , Osterholt voted "nay" . Motion carried. C. First Rending of Ordinance No. 312 , amending Ordinance No, 250 (rood Hcndling Ordinance) Penzel suggested the following amendments to Ordinance No. 312: Strike existing language in "bb" , and insert in lieu thereof " (bb) Church: A religious body organized to sustain public worship and recognized as such by the laws of the State of Minnesota . " Add " (cc) Civic Organizations: Groups organizad for the purpose of performing functions of civic or community support nature, but excluding homeowner associations and their facilities" . In Section 5 after " (a)" add a new " (b)" to read: "(b) Civic Organizations for short term events such as community festivals renumber present " (b)" 'to Is (c) . MOTION: Penzel moved , seconded by Meyers, to direct the staff to redraft Ordinance No. 312, including suggested amendments,and send a letter and proposed Ordinance No . 312 to all school officials , civic and community on7,ani2.ations requesting their feedbaci: no later than { January 15 , 1976 . Motion carried unanimously. f D. Resolution No. 1062 , Cri.ma Prevention Continuation Grant , authorizing submission of the errant application and execution of the grant agreement. Public Safety Director Hacking spoke to his memo dated December 4 , 1975 outlining the grant application,apd further stated that their request is for 3 men instead of 4 as this would be more in line with current budget levels in the City. Fie further explained that the 3rd .parson would not be accepted if Public Safety's budget could not provide the $900. 00 cash match against the salary for the third man. Penzelquestioned what the earliest time might be for the City to pick up the individual completely. Hacking answered that it would be half in 1978,and the full amount in 1979 . MOTION: Meyers moved, seconded by Penzel, to adopt Resolution No. 1062 authorizing submission of the grant application and execution of the grant agreement. Motion carried unanimously. J I50g Council Minutes - 5 - Tues. ,December 9, 1975 E. Resolution hTo . 1064 , Sneed Limit on County Road 4 . Council members expressed their opinions that the resolution was not strong enough and suggested the following for inclusion in the resolution: { 4th "Whereas" stated "numerous changes" should read "major changes" . z x Under "a" it states "Westerly edge" , and it is really on both sides . Bikeway is at some elevation as street and acts as a passing lane - is In opposition to our official City policy on bike pathways . Do not request 40 MPH speed limit, but demand a speed limit of 40 MPH. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No, 1064 and direct the staff -to send resolution to the County Board, C ounty and State Highway officials . Further direct the City Attorney to strengthen the language within the resolution. Motion carried unanimously. IV. REPORTS OF omci i2S BOARDS & COMMISSIONS A. Report of City Engineer 1 . License Pe_nev►a1 for B &. R Rock Company - Gravel mining operation at 76th & Washington Avenue City Engineer jullie outlined his memo dated December S , 1975 , noting that -the Council had previously asked for additional studies and that the- staff work with Mr. Pearson in an attempt to develop a plan that would be accental-AL , jullie stated that he has been working with Mr. Pearson and his lcgal counsel and have come up with the following two recommendations: 1) The City Council may d:sire to refer this mutter to the Planning and Zoning Corn,intyston for their review and recomrnendo.l.ions prior to Council action, or 2) if the Council is satisfiCu with the cjrading plan agreed to by Mr. Pearson , it is recommended that the City Attorney be directed to prepare a written performance agreement to be signed by the Mayor, Manager and B&R Rock Company, and this agreement be attached to said grading plan dated December 5 , 1975 . ''he license renewal requested would become effective upon finalization of such agreement. Council Minutes - 6 - Tues. ,December 9, 1975 1 . License Renewal for B & R Rock Company - Graval mining operation at 76th & Washin^tort Avorrt.�:., (cor tfiwedl - l Don Bundlie , Legal Counsel for Mr. Pearson, asked if this would be for a long period of time or if it is a one year matter? City Attorney Parhix e;:plained that each year Mr. 1'earsori "would apply for renewal o± his license to check 'Llo see if he has complied, t 1-4011ON: Penzel moved , seconded by Pauly, to approve gravel mining license renewal for B & R Rock Company conditioned upon the revision of the grinde to 870 and to meet strict requirements of erosion control . Further that Londing be provided to assure that the Flood Plain and Creek Valley are not damaged by the alteration of this site and direct the, City Attorney to prepare the necessary agreement. Roll Call Vote: . Penzel , Pauly and Osterholt voted "aye" , Meyers voted "nay" . Motion carrieC. 2 . Resolution No. 1063 diract.!d to the Metropolitan Weste Control Commission rcQ'.ac-_stina "Tntcrc_­rtor" syzitas for th2 DL-1 trunl- ewer City Engineer jullie outlined Resolution No. 1063 noting that the City cAf Chanhassen has asked the City of Eden Prairie to join them in this rcque;;t. MOTION: Meyers moved, seconded by Penzel, to adopt Resolution No, 1063 . Motion c_-rried unanimously. B. Peport of DDirector of ( or,-..r,.unitv Services 1 : Authorization to appraise peninsula at Mitchell La2,e. • City llv7anag:;r Ulstau outlined. that the Council at their last regular meeting approved the Mitchell Lake PUD Revision. One of the recommeudations Lrt forth from the Planning Commission was that a sIx- rr,onth tima be set tn which the City tvould seek funds to purchase the peninsula . Requested the City Council authorize the employment of &n appraiser to vFaiue on behalf of the City. Director of Community Services jessen responded that in order for the City of Ld.c.n Prairie to secure any funds from the federal, state and regional agencics , we need to follow the Real Property Act at the federal level . Estimated cost of an appraisal would be $500. 00.• Pauly expressed her concern that if the property owner wants a certain pri ce what g PA good would an appraisal do. - . 1514 ucdunc�i iviinutes - / - Tues. , December 9 , 1975 Al 1 . Authorization to a_p r�,i�7e peninsula at Mitchell Lake (continued) Osterholt questioned if we could apply for a grant or funding without an appraisal. jessen staged we could apply, but before it Is approved we would have to have an appraisal report to be assured there is some basis for the value we present . We have no idea of what the value of the property at 1.iitchell Lake would be . Feels appraisal at this time would be appropriate. Osterholt suggested that the City Assessor appraise the peninsula at Mitchell Lake . The Council members agreed. C. Report of C;ty Manaaer f 1 . Sign Ordinance MOTION: bieyers moved, seconded by Penzel, to continue the Sign Ordinance until such time as the Chamber of Commerce is ready to submit its' report. Motion carried unanimously. 2 . Awardinc[of bids for 1 Sweeper, 1 Chipper, and 1 Striper. Ulstad explained that at 10:00 AM on Friday, December 5 , 1975 , bids were opened for three pieces of equipment. Five bids were received for the Chipper, 2 bids for the Sweeper, and only one bid for the Line Striper. MOTION: Penzel moved, seconded by Pauly, to award the bid to Mac Queen Equipment Company for a Sweeper in the amount of $25, 351 . 00, with an additional $5 , 700 . 00 for hydrostatic drive . Roll Call Vote: Penzel , Pauly, Meyers and Osterholt voted "aye" . Motion carried unanimously. MOTION: Mieye+rs mov=ad, ,seconded by Penzel, to award the bid for a Chipper to Hayden Murphy Company in the amount of $6 , 346.00. Roll Call Vote-.: Niz yers , Osterholt, Pauly and Penzel voted "aye" . Motion carried unetriiinously. MOTION: Pc.nzcl moved, seconded by Meyers , to award the bid for a Line Striper to iliac Quecn Equipment Company for $3 ,650 .00 with options 1 , 2 and 3 . Roll Call Vote: Meyers , Osterholt, Pauly and . Penzel voted "aye" . Motion carried unanimously. a� 161 Council Minutes - 8 - Tues . , December 9 , 1975 : D. Report of Finance Director I. Payment of Claims Nos. $185-8280 . 1 i Penzel requested that a more definitive report be given on 1 Claim T.a. 8225 pertaining tc) the Gym at the VYater Plant. d. MOT CI•d: Penzel moved, seconded by Meyers , to approve Payment of Claims Trios. 8185 - 8280 . Roll Call Vote: Meyers , Penzel, Pauly and OsterlicAt voted, "aye" . Motion carried unanimously. V. NFAA! BTJSTT 1'FS A. City Manager Ulstud stated, as per the Council's request, he had checked with staff and does not feel it is necessary to hold a Council me sting on Dacernber 23. The one area of concern would be the claims that nnutt be paid he:ore the end of the year. Meyers requested that these he reedy to be acted upon at th Special Council Meeting scheduled for L`a ca tuber 20, 1975. B. Meyers requested that staff check to see if Jerry Pautz would let the City use his property in the Lochanburn area for a mini-rink as there are a number of upset residents in this area because the City has been unable to provide a suitable alternate site for a mini-rink this year. C . Meyers requested the staff investigate the building which looks like a fish house in the Purgatory Creek Flood Plain west of County Road 4 across from Paradise Valley. D. Ulstad stated that the three applicants for the Council vacancy have been notified of their interviews on Decernber 20, 1.975 . F. Ulstud spoke to the re''cent letter received from Mr. Pautz which was sent to each. Coµn'cih-nan. in the "Por Your Information" pac;:et. 1'. Ulet.ici discsic d the. raque.,t 'for a lic!aor ltc-er.se by Dean Dresoach Gt the Eurt� Fz .�+rim Su.,��e. Cluj'). C . 'LT 1E' c� _: tee t:: i lie has completed the salary guideline anti would 9 Y -VP soils it-nie to Spend with the C:ouacti on this J' at-L%;r. flopos � this meeting could hake place before the end of the year. VI. AI TOURNNIFNT MOTION: Penzel moved , seconded by Meyers, to adjourn the meeting at 10:40 AM. Motion carried unanimously.