City Council - 10/26/1976 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
UESDAY , OCTOBER 26, 1976 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbix
City Engineer Carl Jullie
Joyce Provo, Recording Secretary _
Chief Building Inspector Wayne Sanders
INVOCATION: Mayor Wolfgang Penzel `
F
PLEDGE OF ALLEGIANCE
ROI-L CALL: All me'ibers present.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The tollowi ng items were requested to be added to the agenda under the "New
Business" cat-�go ry:
A. Disc-ssion of clarification of Dutch Elm Disease Implementation _
Policies.
B. Appointment of a Youth Member to the Parks, Recreation & Natural
Resources Corumission.
C. Af�Roi ntments to the governing body for the Cultural Center.
D. November ar.d December issues of HAPPENINGS newsletter.
E. Communication dated October 21 , 1976 from Mr. Cedric Warren and
Ur,_ Vernon, eck.
F. Rec uest from The Preserve for the Council to set a Public Hearinq
for Fool s ide A artments .
MOTION: Pierce moved, seconded by Meyers, to approve the agenda as amended
and published. Motion carried unanimously_
II . MINUTES '
A. Minutes of Regular Council Meeting held Tuesday, September 28, 1976.
MOTION: Meyers moved, seconded by Pauly , to approve the minutes of the #
Council meeting dated September 28, 1976 as published. Motion carried
unanimously.
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of [e(ji;l ar Caunc i l Meeting held Tuesday, October 5, 1976.
P9. 2, 4th para. , strike "be recognized in opposition" and insert in lieu
thereof "speak" .
Pg. 3; 4th para. , 2nd line, strike "water being pumped up to the sewage" , and
insert in lieu thereof "sewage being pumped up into he lateral sewer
main via a lift station" ; para. 7th para. , 2nd ling-, strike "Ponds"
and insert "Galas".
Pg. 5, 3rd para. , Ist line, strike "State Law" and insert "Ordinance" .
Pg. 6, 2nd para . , 2nd line, strike "constitutes" and insert "requires" .
Pg. 8, Ist para . , 5th line,e, strike "the project" and insert "certain parts
of the project by the City"; 5th para. , 2nd line, after "Two" ,
insert " , and direct staff to resolve the street name, eliminating the mid-
block change and the house numbering system. "; and in the 6th para. ,
4th line, stri ke. "Roy" and insert "Ray" .
140TT0114: Meyers moved, seconded by Pierce, to approve the minutes of the Council
meeting held October 5, 1976 as amended and published. Motion carried
unanimously.
III. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Fetz Construction to set a Public Hearing for rezoning their
property ~at 8855 FIv1_nc Cloud Drive.
City Manager Ulstad spoke to communication from Fetz Construction, Inc. �
dated October 4, 1976, requesting a Public Hearing be set for their
rezoning request.
MOTION= Pauly moved, seconded by Bye, to set November 23, 1976 as the
Public Hearing date for the rezoning request for Fetz Construction, Inc. 1
Motion carried unanimously.
B. Request`from John_ Suback to seta Public Hearin _ for consideration of his
g
li uor license.
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City Manager Ul s tad explained that Mr. Suback` s application is completed
and on file. Further that the Public Safety Department has reviewed the
application and has submitted a report to the Council for review.
Council members requested additional. information be provided on the
backgrounds of the two applicants prior to the setting of this Public
Hea ri ng. .
Councilwoman Meyers stated she would like to see the entire file.
MOTION': Meyers moved, seconded by Pauly, to continue the request of
Sohn Suback for consideration of his liquor license to the November 2nd
Council meeting. Motion carried unanimously.
IV. ORDINANCES & RESOLUTIONS
N. 2nd Reading of Ordinance No. 346, establ i shins a governing body for the
-Cultural^Center.
MOTION: Meyers moved, seconded by Pierce, to approve the 2nd reading of
Ordinance ho. 346" establishing a governing body for the Cultural Center.
Notion carried unanimously.
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t- 2r►d Read irm of Ordinance tic). 346, Est,, bl i_ h_ _a uoverninq body_ for the a
Cut tural Center. (Continued) _
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Mayor Penzel recommended the following members to serve on the Historical i
and Cultural Commission: Helen Anderson , Councilwoman Sidney Pauly, and .
Al l ene Hookom through the end of 1976, Lynn Flavin and Jan Sul tzman through
the end of 1977, and Carol Hone and Albert Picha through the end of 1974.
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MOTION: Pierce moved, seconded by Bye, * to confirm the appointments
recommended by Mayor Penzel . Motion carried unanimously.
General discussion took place on how appointments are made to various boards
and commissions. Bye expressed his opinion that the general method of open
selection of commission members is something less than open. He was very 1
concerned that commission members become verified very quickly without any
real open questions.
Penzel explained that in the past we have golicited residents to volunteer
if they were interested in serving on any particular board or commission.
It was the consensus of the Council to individually interview persons interested in
becoming a ember of a toard or commission.
Mayor Penzel requestEr -at staff provide the Council with a list of all boards
and commissions alone the date their terms expire,and t"ut the c::ndidates
winning election as 1persons and Mayor take part in the interviews.
"::rther that publ ici - ear in the HAPPENINGS newsletter soliciting interested
rsons to submit th -ie as to what board or commission they are interested
serving on.
V. REPORTS OF OFFICERS, BOA- SS TONS
A. REports of Council mE -s.
No reports.
B. Report of City Manager
1 . Request to employ auditor for 1976 audit.
City Manager Ulstad spoke to memo from Finance Director Frane dated 10/19/76
recommending retaining George M. Hansen Company as the auditing
firm to conduct the 1976 audit for the City of Eden Prairie.
MOTION: Pierce moved, seconded by Meyers , to retain the George
M. Hansen Company to conduct the 1976 audit for the City of
Eden Prairie. Motion carried unanimously.
2. Discussion of November 2nd Council meeting.
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City Manager Ulstad questioned if the Council would still like to
hold their Council meeting on November 2nd as this is the same date
as the General Election is to be held.
MOTION: Meyers moved, seconded by Pierce, to hold the regularly
scheduled Council meeting on November 2nd. Meyers , Pierce, Pauly
and Penzel voted "aye" , Bye voted "nay". Motion carried.
'�. P(_' /ic" ! (-` s�Vear capital i1pproye"'l:ent, ('r for Eden Prairie Fire
D epa r t i , _ri t� --
City t•lanager Ulstad explained that the Eden Prairie Fire Department,
through Public Safety Director Hacking, did submit a 5-year capital
improvement program for upgrading the operation of the Fire Department.
Mr. Ulstad stated that he had met with the Fire Department relative to
their capital improvement program and they had expressed their
desire to appear before the Council to discuss the details.
Public Safety Director Hacking noted that the Fire Department has
strong concerns about the Fire Department being able to continue the
good service they have been able to provide the City.
Fire Chief Ray Mitchell , along with Assistant Fire Chief Gene Jacobson,
appeared before the Council and Chief Mitchell distributed and outlined
the material for improved fire protection in the City of Eden Prairie.
After answering questions of Council members, Chief Mitchell asked for
some direction from the Council .
Meyers suggested that the Fire Department prepare a news release for Council
approvairto go out into the papers and possibly a city-wide mailing with
the HAPPENINGS news i c-tter as to what the Fire Department is requesting
and why.
Chief Mitchell felt approval of what the Fire Department is requesting
should be left up to the voters in the form of a bond referendum. Bye
stated he would like to get the Fire Department's proposal to the voters
as quickly as possible.
MOTION: Bye moved, seconded by Pierce, to solicit from the Public Safety
Department a final proposal along with figures from our Finance Director
as to methods of financing, costs ,and all other pertinent data, plus
other staff input, submitting same to the Council for their consideration.
Motion carried unanimously.
Chief Mitchell requested permission to show slides of WAFTA. Due to the
time and length of the agenda, Council members asked that these slides
be shown at another time.
4. Request to advertise for bids for 4 intermediate size police' vehicles.
City t•�anager Ulstad spoke to the request from the Public Safety. Department
for the Council td authorize advertisement for bids for 4 intermediate size
pol ice vehicles .
MOTION: Pauly Moved, seconded by Bye, to authorize the Public
Safety Department to advertise for bids for 4 intermediate size police
to be received Nover=her 8, and awarded November 9. Motion carried
unanimously.
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Cit3, 1,"Anifier spoke to memo from Lt. Keith Wall dated October
20, 197() %,,ith the recoamiended changes to Resolution No . 1141.
MOTION: Meyers moved, seconded by Pauly, to amend Resolution No .
1141, the Hennepiri County Emergency Communica t ions Agreement,
naming Hennepin County as the participant and the Sheriff as a designated
directc;r. llotiori carried unanimously.
C. Report of City Flttorney
1. Appc-al from Poner Sandvick regarding -action taken by Board of Appeals
& Adjustments
City Manager Ul -;tad spoke to the communication from City Attorney Perbix
dated October 22 pertaining to the definition of a block.
Mr. Sandvick stated his appreciation for the legal opinion and recommended
that this opinion become a permanent part of Ordinance No. 135. He
explained that his understanding is that the remaining 3 lots will require
a setbac4� to the already existing homes , taking the average of those
setbacks . City Attorney Perbix agreed with this interpretation.'
Mr. Sandvick further emphasized the reason for the problem is that the
land drops off significantly and is really not conducive to a normal
building site. He requested that requirements be spelled out when another
person wants to build a home on one of these lots .
William Ekoff,builder and owner, explained that the remaining lots do
drop off rather rapidly and with all the trees, there is no way that these
Lots can be filled to make them buildable.
MOTION: Bye moved, seconded by Meyers , that the records show the action
of the" Board of A.�.peals and AdJustrrients as to Lot 1 , Block 3,' Kings Forest
Addition to Stevens Heights, stands as null and void as the City Attorney' s
opinion stated that no variance is needed, and authorize the Building
Inspector to grant a building permit to Ken Nelson. Motion carried
unanimously.
Penzel requested that a copy of the City Attorney's legal opinion be forwarded
to the Board of Appeals & Adjustments as an addendum to their records .
D. Report of Planning Director
1. Presentation on Convenant Livinq _Centers
Planner Dick Putnam. gave a slide presentation on the Convenant Living
Centers and answered questions of Council members.
MOTION: Meyers moved, seconded by Bye, to direct the staff to draft
a resolution for consideration at the Council meeting to be held
November 2nd in support of the concept of Convenant Living Centers.
Motion carried unanimously.
MOTION: Bye moved, seconded by Meyers, to continue the Council meeting past
11: 00 PM. Motion carried unanimously.
C . ►.',=� , ; t __�tQ i t.0JT1uni t�}y I-_V ic.:cs
City Manager Ulstad explained that Mr. Jessen has negotiate-d a price for the
Leo Lund property somewhere between $10,500 - $l 1 ,000, o;po,- ud to the 518,001-►
originally proposed based on the appraisal .
Meyers requested that a total figure be secured based on the assessments
outstanding, 1976 tares, and number of years property is delinquent.
MOTION: Bye moved, seconded by Pierce, to negotiate with Leo Lund to purchase
his property at a price not to exceed $11 ,000. Motion carried unanimously . 2
F. Report of City Engineer
1 . City of Chanhassen request to connect to the Eden Prairie Duck Lake-1
Trunk Sower,
City MI-2nager Ulstad spoke to communication from Russell H. Larson,
Chanhassen City Attorney, dated October 19, 1976, requesting time to appear
before the Council regarding permission for Chanhassen to connect to the `
Eden Prairie Duck Lake-1 Trunk Sewer.
Russell ,#.arson, Attorney for Chanhassen, and Al Klingelhutz, Mayor of {
Chanhassen , appeared before the Council and answered questions. Mayor {
Kl i ngel hutz requested that a definite figure not be set for Chanhassen
to connect to the Eden Prairie Duck Lake-1 Trunk Sewer, but that the
Eden Prairie City Council set a minimum figure for Chanhassen to negotiate
and come un with a reasonable figure. s
h10TIO14: Meyers moved, seconded by Bye, that the City Council reaffirm their
action of October 1 2 regarding the Chanhassen Trunk Sewer Connection
to the Eden Prairie Duck {_ake-1 Trunk Sewer, and direct the staff of Eden
Prairie and Chanhassen to meet and negotiate an acceptable figure to be
considered by the Eden Prairie City Council as soon as possible. Motion
carried unanimously.
2. Receive feasibility report for utility and street improvements in
Fcrest t;nolls 2nd Additic-,LL_ I .C. 5'1-294. (Resolution No. 1192-�—
Ci ty Engineer Jull i e spoke to Resolution No. -1192 and petition,received
from Don Peterson and Wilbur Gjersvik .
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tfOT1G1%1: Meyers moved, seconded by Bye, to adopt Resolution No. 1192,
receiving the feasibility report on Project I . C. 51-294, ordering the
i mprovEn,en is and 'preparation of plans and specifications subject to
receipt of a 100% petition by the property owners and their wives,
waiving their public hearing rights. Motion carried unanimously.
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3. Right-oi-e,:try c reernent with The Preserve for construction of Preserve s
'Co uleva1-d, I .C. 51 - 23_; �-
City Engineer Jullie recommend approval of the right-of-entry agreement ,
in lieu of the actual right-of-way documents . 1
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3. Rio}it.of-entry +r .rr,,ent with The Preserve for construction of Preserve
Boulev:Ircl, I . C. �i- tea . Continue
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MOTION: Meyers moved, seconded by Bye, to approve the right-of-entry
agreement deleting items 6 and 7, and authorize Mayor and Ci t.y Manager to }
sign same. Motion carried unanimously.
4. Accept sanitary se,.-ier and watermain in the Edenvale llth Addition for
City ownership and maintenance. '
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MOTION': Eye moved, seconded by Meyers , to accept sanitary sewer and watermain
in the Edenvale llth Addition for City ownership and maintenance. l
5. Receive ��etitior znd set public hearing_ date of 12/7/76 for vacation of
drai nape ty easement over Lot 17, Block 1 , Duck Lake Estates.
City Engineer Jul l i e recommended approvzP1 of Resolution No. 12O8A,
ordering hearing for vacation of utility easement on Lot 17, Block 1 .
Duck Lake Estates .
MOTION: Dye moved, seconded by Pierce, to adopt Resolution No. 12O8A,
ordering heari nq for vacation of utility easement on Lot 17, Block 1 ,
Duck Lake Estates. I-lotion carried unanimously.
Meyers requested the staff investigate if the land division is officially
recorded and send this information to the Council in the "For Your
Informa Lion" packet.
- 6. 1st Readin. of Ordinance No. 348, chap i_n the _street name in the
Westgaf i;east) 44 , i*ion.
City Engineer Jull ie recciTuended approval of the 1st Reading of
Ordinance No. 348.
MOT1014: J•leyers roved, seconded by Pierce, to approve the 1st Reading
of Ordinance No. 348, changing the street names in the easterly portion
of the ies+gate Addition. Motion carried unanimously.
G. Report of Finance Director
1 . Pa, i,.ent of Claims Nos . 2730 - 2837
MOTION: Bye moved, seconded by Pierce, to approve Payment of
Claims Nos. 2730 = 2837 with the exception of 2757. Bye, Pierce,
Pauly, Meyers and Penzel voted "aye". Motion carried.
2. Clerk' s License List
MOTION: Bye moved, seconded by Pierce, to approve the Clerk's
License List dated October 26, 1976. Motion carried unanimously.
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V I
P -10 Disease iniol ementation
A. Disctj, ion of cl Jf jci�til,ii utch
P-0,I--I I I e S
Meyers explained Lhat since notices and news items have appeared in the
papers , she has encountere"i scine resentment from people. She requested
that sume f 1r;-.1 ;-),) iicies L),- dr;.-fted and brought bacl,, to the Council for
consideration hjv 'Ll-ic: 9Lh Council meeting. City Manager UTstad
stated that Di roc'_ar cf Serv41ces Jessen is in the process
Of C!)-F�'f4- i
1. _)JiCiC-.f- and vi'll have them tack to the Council as soon
as he has same.
E. Ap of tc� the Parks , Recreation & Natural
K �-,urces on
CL):-.tinued until t'-,-- NoveiTtier 2nd Council meeting.
C. j�'r r -nts to t'ie governing body for the Cultural Center.
This item was taken care of under Item IV. A.
D. Nov rber and Dece!;-,'�er issues Of HAPPENINGS newsletter.
The fc.'ilo,.-iing it&AS were requested to be added to the tbvember and
Doze:,iber issues of the HAPPENINGS newsletter: 1 ) Asking for
voluntee-s to submit their navies if they wish to serve on
Boards or Com,,-Pissions which have vacancies ; and 2) Include the
outcome of the election as to the State Legislators in our District
and Z.'Isc Count Ccm,,nissiover, along with local electi ors .
F. Coi,,-,,iunic:at4on dat&d October 21 , 1976 frorr, Mr. Cedric "%'ar'ren and Mr-
no'-'
NX. Cee-ric wlarrcn, 73----,T Franklin Cricle, and Mr. Vernon J. Sect;,
16E"9 Eayvood Lan--, appeared before the Council and expressed their
desire to own ar.d operate an Off-Sale Liquor Store in the Prairie
Village Nall .
MOTION: !,Ieyers moved, seconded by Bye, to refer this matter to -the City
Attornev and Director of Community Services Jessen for a report. as to
whether- it %.;ojld be feasible to have an off-sale liquor store
-e in the
comm;un ty. ',Iotion carried unanimously.
F. Eq_ uest from, The Preserve for the Council to set a Puhl is Hearing filzi:
Poo lsic'e Apartments .
Hl 0 T 10111: Eye moved, seconded by PEn2el , to set November 23 as the
Public 'Hearing date for Poolside Apartments. Motion carried ur.�nimously.
VII . ADJOURNPlEN-1-
MOT 1 0,': Bye moved, seconded by Fierce, to adjourn the meeting at 11 :45 PM.
Motion carried unanimously.
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A. Discus, iorr oT cl+;!_i f icati(,r ('utCFr �lrr Ciso-rse Im�lFmentation
F'c�'l i c i es _�— ---------- - - - - - — - - -- - -
Cies
Meyers explained Lhat since notices and news items have appeared in the
papers , she ht-rs. encounters: scme resentrr.ent from people. She requested
that surie f irn: p,) ; i cies i.) drafted and brought back, to the Council for
consideration :)•j t.hc Novc,-,::Pc,r 9th Council meeting. City Manager Ulstad
stated that Di roc, ur cf Cor.!:,rurr i ty Serv;ces Jessen is in the process
of crr ft i nr ',cs.. ;:��l ici c_1 and will have them back to the Council as soon
as he has c��::.P1 `t-_d same.
E. A cPintr_cnt of E " --uth hie!:i .er to the Parks , Recreation & Natural
Cuntinued until t!-:e Nove-mber 2nd Council meeting.
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0. Appoir.trrents to fie governing body for the Cultural Center.
1-his item, Gras taken care of under Item IV. A.
D. Nov_;rber and Decerr;ber issues of HAPPENI::GS newsletter.
The fcl1oiling items were requested to be added to the tbvernber and
Dece;,bar issues of the HAPPENINGS newsletter: 1) Asking for
volunl aer-s to sub;li t their r.anies if they wish to serve on x
Boards or Cor-nm.i ss ions rvni ch have vacancies ; and 2) Include the
outcom-C of The eiection as to the State Legislators in cur District
and Z;lso County Cor ,wissioner, along with local elections . {
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t. C,)r-:;.uricatinn dated October 21 , 1976 froa, Mr. Cedric Varren and Mr.
Vern--n Eeck
Nx. Cedric ttarrer, 7324 Frankl in Cricle, and Mr. Vernon J. Seck,
161z"S; E.ayv,00d Dine, appeared before the Council and expressed their
des re to o;•rr, and operate an Off-Sale Liquor Store in the Prair i e
Village Ms"il _
MOTION: Meyers moved, seconded by Bye, to refer this matter to •tsne C i ty
Attorney and Director of Comimuni ty Services Jessen for a report- as to
y heiL,'ner it rroui d be feasible to have an off-sale liquor store in the
ccrmr,un y. Motion carried unanimously.
F. The Preserve for the Council to set a Public Hearing for
Pools r:e Apart.ments---
ttDT1011,; : Eye moved, seconded by Penzel , to set November 23 as the
Public Hearing date for Poolside Apartments. (,onion carried uruniniously.
VII . ADJOURNMEtd7 r
MOTION: Bye proved, seconded by Pierce, to adjourn the meeting at 11 :45 PM.
Motion carried unanimously, ,
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