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City Council - 02/01/1977 OV EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 1, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterhoit and Sidney Pauly COUNCIL STAFF: City Manager Roger U1 stad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Marty Jessen; Engineer Carl Jullie; Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the Council Meeting held Tuesday, January 11 , 1977. Page 3810 B. Minutes of the Council Meeting held Tuesday,January 18, 1977. Page 3814 C. Minutes of the Special Council Meeting held Tuesday, January_24, 1977- Page 3822 III . PUBLIC HEARING A. Vacation of a portion of Franlo Road in the pro posed Olympic Hills Page 3824 .2nd Addition. Resolution No. 77-10 IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Mark Allen Lewis to appeal the Board of Appals & Page 3825 Adjustments decision to deny a 30 foot setback on Lot 2, Block 3, Kings Forest Addition to Stevens Heights . B. Communication from Donald Peterson, Edenvale, regarding future Page 3832 development in Recreation Center . Dated January 25, 1977 V. ORDINANCES & RESOLUTIONS A. Resolution No. 77-16, authorizing the issuance of Municipal Page 3833 Indus trig 1 Development Bonds for Minnesota Protective Life s VI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members B. Report of City Manager 1. Council Programs for 1977-78 Page 3839 'APPROVED MINUTES +_ EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 1, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel . Billy Bye Joan Meyers Dave Osterholt Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; Director of Community Services Marty Jessen; Finance Director Joan Frane; City Engineer Carl Jullie; Joyce Provo, Recording Secretary INVOCATION: City Manager Roger U1 stad- PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. : APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION:. Bye moved, seconded by Osterholt, to approve the Council Agenda as published. Motion carried unanimously. II MINUTES A. Minutes of the Council Meeting held Tuesday, January 11 , 1977. MOTION: Meyers moved, seconded by Osterholt, to approve the Council minutes of January 11 , 1977 as published. Motion carried unanimously. B. Minutes of the Council Meeting held Tuesday. January 18, 1977. MOTION: Osterholt moved, seconded by Meyers, to approve the Council minutes of January 18, 1977 as published. Motion carried unanimously. z C. Minutes .of the Special Council Meeting held Tuesday, January 24, 1977. MOTION: Meyers moved, seconded by Bye, to approve the Council minutes of January 24, 1977 as published. Motion carried unanimously. III . PUBLIC HEARING A. Vacation of a portion of Fra No Road in the proposed Olympic Hills 2nd Addition MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No. 77-10, vacating a portion of Franlo Road in the proposed Olympic Hills 2nd Addition. Motion carried unanimously. . IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Mark Allen Lewis to appeal the Board of Appeals & Adjustments decision to deny a 30 foot setback on Lot 2, Block 3, Kings Forest Addition to Stevens Heights. Mark Allen Lewis appeared before the Council and requested that a Public Hearing be set to consider his request for a 30 foot setback. MOTION: Osterholt moved, seconded by Pauly, to set March 1 , 1977 as the Public Hearing date to consider the request of Mr. Lewis for a 30 foot setback on Lot 2, Block 3, *Kings Forest Addition to Stevens Heights. Motion carried unanimously. B. Communication from Donald Peterson, Edenvale, regarding future development in Recreation Center. . City Manager U1 stad referred to communication from Donald Peterson, Edenvale, dated January 25, 1977. He further explained that Mr. Peterson has requested to appear before the Council . Donald - Peterson stated that one viable business Edenvale has been able to successfully attract are bowling alleys, and they have, been in contact with 4 different bowling alleys over the past year and one-half. After this much effort in trying to attract this type of business in the Edenvale area , he explained it has become evident that there will not be a bowling alley built now or in the future without a liquor license. Mr. Peterson further noted that if the City wishes to have this type of use in Eden Prairie, the Council should consider granting a liquor license. The people Edenvale is in contact with at the present time are planning to build a bowling alley in Eden Prairie and are strongly considering Edenvale, however, they say liquor is a necessity. Mr. Peterson requested the Council consider this matter in their decision regarding liquor licenses , and in the event the Council chooses not to issue a liquor license for that use, Edenvale is going to have to think about other uses. Mr. Peterson requested direction from the Council . No action taken. V. ORDINANCES & RESOLUTIONS A. Resolution No. 77-16, authorizing the issuance of Municipal Industrial • Development Bonds for Minnesota Protective Life - City Manager U1 stad spoke to Resolution No. 77-16 and recommended approval of same. Meyers referred to the six cri teri as adopted by the City Council before issuing Municipal Industrial Development Bonds. Finance Director Frane answered questions of Council members. MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 77-16, authorizing the issuance of Municipal ,Industrial Development Bonds for Minnesota Protective Life. Pauly, Bye, Meyers and Penzel voted "aye"; Osterhold "abstained" . Motion carried. VI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS ( A. Reports of Council members I. Pauly updated the Council on the Historical and Cultural ' Commission, noting that the Commission has had three meetings and is in the process of drawing up guidelines which will � be brought before the Council when formalized. i 2. Mayor Penzel spoke to the following items: ; a) Letter from Governor Perpich on the energy crisis, b) Communication from County Attorney Flakne regarding public forums to be conducted in communities on criminal justice, and c) January 22nd meeting with our State Legislators. 3. Meyers questioned if City Manager Ulstad has considered .a four-day week. Ulstad explained that steps were taken ' immediately to turn the thermostat down to 65 degrees during the day, and 60 degrees at night. He further stated that he was not sure it would be advantageous as to the City' s contribution to the energy crisis to go to the four-day week. B. Report of City Manager t A. Council Programs for 1977-78 City Manager Ulstad spoke to items submitted by Council members. MOTION : Meyers moved, seconded by Pauly, to continue this item to the February 15th Council meeting for preliminary review, with informal discussion to take place under the "New Business" during this evening's Council meeting. Motion carried unanimously. Council members requested that one list be compiled as there is duplication in the 3 lists which were submitted; and that staff add their suggestions to the list. 2. Review of Preliminary Draft Ordinances on Individual Boards and Commissions i Discussion took place regarding the various boards and commissions. Os terhol t felt five members would be appropriate on the Board of Appeals & Adjustments . fi Bye questioned if the Council could mandate the two year residency period on the Planning A Zoning Commission. Osterholt agreed F that this should not be in the ordinance. ti I r ; t i 2. Review of Preliminary Draft Ordinances on individual Boards and Commissions continued Wi 11 i am Bearman, member of the Planning & Zoning Commission, favored membership of students on the Parks , Recreation & Natural Resources Commission , and the continuance of Council ; liaisons to the various Boards and Commissions so as not to isolate the Council members from citizens who appear at Commission meetings but do not attend Council meetings. . Osterholt explained that the ordinances do not preclude Council members from attending the commission meetings and voicing their opinions . William Garens, member of the Parks , Recreation & Natural Resources Commission, expressed his opinions on the following: a) Students have created a problem on the Parks , Recreation & Natural Resources Commission and feels they have been swayed by people who appear before the Commission. Would rather see the student members in an advisory capacity; b) In favor of Council members recommending people for the various boards and commissions to the Mayor, with the i Mayor making the appointments with the consent of the Council ; [ c)Stated both pros and cons on whether a person who holds another elective office should be appointed to serve on a commission or board, but stated there is a need for contact; d) Feels terms on Commissions should not be limited as this would jeopardize good people from serving; e) Reappointments of members should be. left to a majority f vote of the Council , and that no member sha 11 serve more than 9 years would be better than six. - x Fred Baumann, 10805 Valley View Road, also felt by limiting terms the City would loose valuable experience. Mr. Baumann spoke in favor of having student members on the Parks, Recreation & Natural Resources Commission with full voting rights as this is the group the Commission- is serving. Bye stated there are enough qualified people in the high school and middle school and if they, with the proper recommendations , have the qualifications to earn a seat on the Parks , Recreation & Natural Resources Commission ,they should be required to do the job in the full fledged way as everyone else does. Meyers expressed her concern and would feel more comfortable if the ordinances would read "a majority vote" would appoint to a further term rather than "unanimous vote" . MOTION; Osterholt moved, seconded by Bye, to approve the 1st Reading of Ordinance No. 77-2, relating to the Human Rights Commission and amending Ordinance No. 111 as amended. Osterholt, Bye and Pauly voted "aye", Meyers and Penzel voted "nay". Motion carried. Council Minutes - 5 - T ties . , February 1, 197i' 3 2. Review of PreliminaryDraft Ordinances on individual Boards and Commissions continued 140TION: Osterholt moved, seconded by Bye, to approve the 1st Reading of Ordinance No. 77-3, relating to Parks, Recreation & Natural Resources Commission and amending Ordinance No. 291 . ' Osterholt, Bye and Pauly voted "aye" , Meyers and Penzel, voted "nay" . Motion carried. General discussion took place regarding Ordinance No. 77-4, relating to the Industrial Commission. Osterholt thought the Industrial Commission a viable commission, and recommended to the Council that the ordinance be enacted and members recruited. Meyers questioned if the Chamber of Commerce doesn' t fulfill what is called for in Ordinance No. 77-4. MOTION: Osterholt moved, seconded by Bye, to approve the 1st ' Reading of Ordinance No. 77-4, relating to the Industrial Commission for the City of Eden Prairie and amending Ordinance No. 79 as amended. Osterholt, Bye and Pauly voted "aye% Meyers and Penzel voted "nay" . Motion carried. MOTION: Osterholt moved, seconded by Bye, to approve the lst Reading of Ordinance No. 77-5, relating to Historical and Cultural Advisory Commission and amending Ordinance No. 346. Osterholt, Bye and Pauly voted "aye" , Meyers and Penzel voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to approve the lst Reading of Ordinance No. 77-7, relating to the creation of a Planning Commission for the City of Eden Prairie and repealing Ordinance No. 255. Osterholt, Pauly and Bye voted "aye" , Meyers and Penzel voted "nay" . Motion carried. 3. Set --Public Hearing for Ordinance No. 77-6, relating to Board of Ap eals & Adjustments and amending Ordinance No. 135. MOTION: Osterholt moved, seconded by Meyers, to set February 15, 1977 as the Public Hearing date for Ordinance No. 77-6, relating to Board of Appeals & Adjustments and amending Ordinance No. 135. Motion carried unanimously. MOTION TO RECONSIDER: Pauly moved, seconded by Osterholt, to reconsider the previous motion. Motion carried unanimously. s MOTION: Pauly moved, seconded by Osterholt, to set March 1 , 1977 as the Public Hearing date for Ordinance No. 77-6, relating to Board of Appeals & Adjustments and amending Ordinance No. 135. Motion carried unanimously. C. Report of Director of Community Services 1 . Cooperative Agreement with Riley-Purgatory Creek Watershed District for Purchase of Lund Property F Director of Community Services Jessen spoke to the cooperative 1. Cooperative Agreement with Riley-Purgatory Creek Watershed District for Purchase of Lund Property continued { agreement and recommended approval of same. MOTION: Meyers moved, seconded by Osterholt, to authorize the City Manager and Mayor to enter into the Second Cooperative Agreement with the Riley-Purgatory Creek Watershed District for purchase of the Lund Property. Motion carried unanimously. 2. Authorization to advertise for bids for Tractor and Bucket Truck. MOTION: Osterholt moved, seconded by Meyers, to authorize the City to advertise for bids for Tractor and Bucket Truck, bids A to be opened and received on February 25, 1977. Motion carried unanimously. D. Report of City Engineer 1. Consider bids for sanitary sewer and watermain improvements serving the New Testament Church and Stewart Highlands, I.C. 51-283. City Manager Ul stad spoke to bids received and recommended acceptance of the bid from American Contracting in the amount of $22,928.83 MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-11 , receiving 100% petition, ordering improvements and accepting bid for sewer and water improvements serving New Testament Church and Stewart Highlands, I .C. 51-283. Motion carried unanimously. 2. Final Plat approval far Olympic Hills 1st Addition. City Engineer Jullie spoke to his memo dated January 27, 1977, noting a correction to be made in memo regarding park dedication to be changed from $3,600 to $4,600 in paragraph 4. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-13, approving final plat of Olympic Hills First Addition. Motion carried unanimously. 3. Accept streets and utilities in the Bonner/Waters Addition ' MOTION : Meyers moved, seconded by Bye, to accept streets and utilities in the Bonner/Waters Addition subject to memo from City Engineer dated January 27, 1977. Motion carried unanimously. 4. Set hearing date for vacation of a residue portion of West 78th Street adjacent to T. H. 169. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 77-15, r` ordering hearing for March 1 , 1977 for vacation of a portion of West 78th Street near T.H. 169. Motion carried unanimously, E. R�Lurlt f,frhiriance Director, 1. Aoreemerit ti,ith Metro Waste Control Commission implementing an �_ ___�_ Indu trial user sewer strength charge system � Finance Director Frane spoke to his memo dated January 19, 1977 and answered questions of Council members. MOTION: Os terho l t moved , seconded by Meyers, to give a 1st Reading to Ordinance No. 77-1 , agreement with' the Metropolitan Waste Control Commission implementing an industrial sewer strength system, and that this item be reviewed by the Chamber of Commerce before the 2nd Reading. Motion carried unanimously. 2. Payment of Claims Nos . 9593 - 9737 MOTION: Osterholt moved, seconded by Meyers, to approve Payment of Claims Nos . 9593 - 9737. Roll Call Vote: Bye, Meyers, Osterholt, Pauly and Penzel voted "aye" . Motion carried unanimously. Y 3. Clerk' s License List City Manager Ulstad explained that the City has received several calls regarding the Private Kennel License for Charles Gould, and that citizens in the audience wished to be heard. Charles Gould, 6285 Duck Lake Road, spoke on his own behalf and stated he has complied with directives set forth by the Council. Dale Evans , 17017 West 62nd Street, and Harvey H1 adky, 6381 Duck Lake Road, spoke in opposition to issuance of a private kennel license to Mr. Gould, stating that the dogs hardly bark in the winter but bark a lot in the summer. Mr. Evans submitted a letter to the Council from Judy Eggan, who formerly lived at 17109 West 62nd Street, also in opposition to the private kennel license requested by Mr. Gould, stating that the dogs are not safe, they are a nuisance, and the kennel lowers the property values._ Community Services Officer John Conley spoke to the report distributed r to Council members dated January 28, 1977, noting that after talking with residents and surveying the property, the following has been concluded: There seems to be no problem with dogs running loose or any odor connected with the kennel The majority of residents did not feel threatened by the dogs or any depreciation in their property value. The barking problem is very irritating to two families in the neighborhood and noticed by some; however, in contacting all the families in the area, a major portion did not consider the barking a problem. MOTION: Osterhol t moved, seconded by Meyers, to approve the Clerk's License List dated February 1 , 1977. Osterholt, Meyers, Pauly and Penzel voted "aye", Rye voted "nay" . Motion carried. 6 i i VII. NEW BUS JNESS A. Continued item from VI . B. 1. : Council Programs for 1977-78 MOTION: Osterhol t moved, seconded by Bye, for a five minute recess for Council members to 1 ook over the three lists submitted with Council Programs for 1977-78. Motion carried unanimously. After the recess , Council members went over their individual items included on the lists and directed staff to categorize and give some idea of tiriie frame that might apply to each i tern. VIII. ADJOURNMENT MOTION: Osterholt moved, seconded by Bye, to adjourn the meeting at 10: 55 PM. Motion carried unanimously. s z c r r ff � L.