City Council - 03/15/1977 :t
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 15, 1977 7:00 PM, CITY HALL {
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan l
Meyers , Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Harlan Perbix; City Engineer Carl Jullie;
Director of Community Services Marty Jessen;
and Joyce Provo, Recording Secretary
INVOCATION: Pastor Richard Stoner, New Testament Church
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PLEDGE OF ALLEGIANCE
ROLL CALL: Bye, Meyers, Osterholt and Penzel present; Pauly absent.
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I., APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items viere requested to be added to the agenda under the
"New Business" category:
A. Discussion of Vernon Geiger letter
- B. Discussion of the Windslope project
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C. Boomer land proposed for park acquisition_
D. Proposed ordinance for handicapped parking
E. Transfer of monies from the unallocated surplus of the general fund to
the Public Safety Department
F. Miley Sri nkl er rezoning agreement
G. Opinion on land use at the corner of Baker Road and Crosstown
H. Discussion of Garrison Forest rezoning agreement
MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as
amended and published. Motion carried unanimously.
II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY , MARCH 1 , 1977
Pg. 3, 7th para. , 4th line, strike "south" and insert "east"; 9th para. ,
4th line, after "50" insert "single".
Pg. 4, 1st para. , 6th line, after "extension" insert "to County Road 18"
MOTION: Osterholt moved , seconded by Bye, to approve the minutes of the
Council meeting held Tuesday , March 1 , 1977 , as amended and published.
Motion carried unanimously.
P.
I I ; . i'i i 1? 0:1S , REQUESTS & COf•1i.tUNI CAT IONS
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A. Request _from Mr. Herl ei v Hel 1 e for rezoni n
1-10TION: Meyers moved, seconded by Osterholt, to set April 5, 1977
as the Public Hearing date to consider Mr. Herleiv Helle' s request
for rezoning. Motion carried unanimously. p
B. Requests for three Public Hearin s
1. Pillsbury Company_ for April 19, 1977
MOTION: Osterholt moved, seconded by Meyers , to set April 19, 1977
as the Public Hearing date to consider the Pillsbury Company' s
request for rezoning. Motion carried unanimously.
2. Hustad' s_for Environmental Assessment and rezoning of property
adjacent to the Purgatory Creek Corridor for April 12
MOTION: Bye moved, seconded by Osterholt, to set April 12, 1977
as the Public Hearing date to consider the Hustad' s rezoning
request to be held at the High School Cafetori um, 7:30 PM.
Motion carried unanimously.
3. Wal nut Addition for April 5
MOTION: Meyers moved, seconded by Bye, to set April 5, 1977 as
the Public Hearing date to consider the rezoning request for
the Walnut Addition. Motion carried unanimously.
IV. ORDINANCES & RESOLUTIONS
A. 2nd Read No. 77-6, relatingto the Board of Appeals
& Ad 7 us tments and an E� ding Ordinance No. 135
MOTION: Osterholt moved , seconded by Bye, to approve the 2nd Reading
of Ordinance No. 77-6, relating to the Board of Appeals & Adjustments
and amending Ordinance No. 135. Motion carried unanimously.
B. 2nd Reading of Ordinance No. 77-12, amending Ordinance No. 315,
correcting legal description on Minnesota Protective Life property
MOTION: Bye moved, seconded by Meyers, to approve the 2nd Reading of
Ordinance No. 77-12, amending Ordinance No . 315, correcting legal
description on Minnesota Protective Life property. Bye, Meyers
and Penzel voted "aye" , Osterholt abstained. Motion failed.
MOTION TO RECONSIDER: Bye moved, seconded by Meyers , to reconsider
the previous motion. Bye, Meyers and Penzel voted "aye", Osterholt
abstained. Motion carried.
MOTION: Meyers moved, seconded by Bye, to continue the 2nd Reading
of Ordinance No. 77- T2 to the April 5th Council meeting. Meyers, Bye
and Penzel voted "aye" , Osterholt abstained. Motion carried.
Tues. ,f E! i lr, 1577
V . ORDINANCES & RESOLUTIONS (continued)
C. 2nd Readinq of Ordinance No. 77-13 , relatinq_ to the Building Codes
and amending Ordinance No. 248
MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd
Reading of Ordinance No. 77-13, relating to the Building Codes and
amending Ordinance No. 248. Motion carried unanimously.
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D. Resol ati on No. 77-33, provi di nq for the inclusion of South Henneai n Huma,� '
_Services Council Employees as City of Eden Prairie Employees for
the purpose of Health and Life insurance benefits
MOTIOtd: Osterholt moved, seconded by Meyers , to adopt Resolution
No. 77-33, Grovidinq for the inclusion of South Hennepin Human Services
Council Employees as City of Eden Prairie Employees for the purpose y
of Health and Life insurance benefits. Motion carried unanimously. a
E. Resolution No. 77-36, relating to the Endorsement of State Financing i
for Certain Features of 911 Emergency Telephone Systems
MOTION: Bye moved, seconded by Osterholt, to endorse the system,
but not to endorse the method of financing. Motion- carried unanimously.
V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS _
A. Reports of Council _members
Mayor Penzel spoke to two invitations which were received, one from
the Bloomington Chamber of Commerce regarding the bridge crossing,
and the other from Senator Keefe inviting Council members to attend
a meeting with legislative representatives.
B. Reports of Advisory Commissions
No Reports
C. Report of City Manager
1. Discussion on Sign Ordinance
MOTION: Bye moved, seconded by Osterholt, to refer the
revised Sign Ordinance as submitted by the Sign Ordinance
Review Committee to staff for review and to outline the changes
of the proposed ordinance to the existing ordinance, to be
returned to the Council within a 60-day period. Motion carried
unanimously.
2. Discussion on Municipal Liquor
t 3. Vernon Seck and Cedric Warren request for a private off-sale
liquor store
*Both items 2 and 3 were discussed at the same time.
U I I C 1 i"-i n U e S - 4 - T u es 1.',.:j r c t, j 977
2. Discussion on MLM4�cjj)al _Liquor and 3. Vernon Seck and Cedric
14ar_r`enr_equest for a private off-sale liquor store
City Manager Ulstad spoke to memo from Director of Comni un i ty
Services Jessen dated March 11 , 1977, and answered questions of
Council members.
Mayor Penzel stated he would like to see the alternate methods
of financing explored to give a more wide ranging set of
alternatives.
Osterholt suggested that people in the retail business be interviewed
to provide their input.
Bye felt if the suggestions as mentioned above do occur, that staff
should come up with a realistic 'nflat''on factor, and also put some
type of values on time, includingstaff time.
Meyers expressed her approval that staff was acting in a cautious
manner on a proposal of this type, and might favor a liquor store
if the City would break even.
MOTION: Osterholt moved, seconded by Meyers, to continue items
2 and 3 to the 2nd meeting in 1-lay. Osterholt, Meyers and Penzel
voted "aye" , Bye voted "nay" . Motion carried.
4. Council Goals & Objectives for 1977-78
Osterholt recommended that this item be continued to the
April 12 , 1977 Council meeting when all Council members would
be present. Council members agreed with this recommendation.
D. Report of Director of Community Services
1. 1976 State Subsidy for Dutch Elm Diseased Trees
Director of Community Services Jessen distributed background information
and suggested criteria for distribution of state sanitation subsidy
money. Jessen made the Council aware that about 25 - 35 people have not
complied with taking down their identified dutch elm diseased trees
and suggested that the Council consider setting a Special Assessment
Hearing for April 5 for ordering removal of same. He also suggested
that City policy be amended from 7 days to 40 days for takedown, and that
subsidy payments be made only to property owners who take nositive
action within 20 days .
MOTION: Bye Moved, seconded by Meyers , to accept the criteria presented
by Mr. Jessen as follows : Residential Subsidy (for up to 1 acre
surrounding a home or any multiple residential property) 0-6" tree
diameter - $0/tree, 6- 18" tree diameter - $25.(.1401 tree, and 18" & up
tree diameter - $50.00/tree; and Open Land Subsidy (all other land), over
6 tree diameter - $25. 00/tree, 6" & up tree to be burned - $15.00/tree ,
and that staff be empowered to implement this program. Further set
April 5, 1977 as the Public Hearing date to consider special assessments
for dutch elm diseased trees and that no subsidy be offered to those
where enforcement procedures have taken place. Motion carried unanimously.
Council Tues .
E. Pc�.port of C- -,y Enqineer
1. 11,provo plans and specifications and order advertisement for bids
for utilities on Heritaqe Road , I . C. 51-290
City Engineer Jul ] ie spoke to Resolution No. 77-34 and recommended
approval of same.
MOTION: Osterholt moved, seconded by Meyers , to adopt Resolution
No. 77-34 , approving plans and specifications and ordering
advertisement for bids ( I . C. 51-290) . Motion carried unanimously.
2. Accept utilities and streets in Amsden Hills Addition
City Engineer Jul lie spoke to his memo dated March 11 1977 and
recommended the City accept the utilities and streets in the Amsden
Hills Addition.
Bye suggested that in the future consideration should be given
to requiring some sort of a financial statement that would hold
a written commitment.
MOTION: Meyers moved, seconded by Bye, that the City accept the
utilities and streets in the Amsden Hills Addition based on City
Engineer' s memo dated March 11 , 1977, wi th a ppropri ate guarantees from The
Preserve, for the remainder of the 2 vear warranty. Motion carried unanimously.
3. Authorization to pre_pAre_pjans and specifications and advertise
for Lida on City Well and Pumphouse No. 3
City Engineer Jullie spoke to his memo dated March 10, 1977 and
recommended authorization to prepare plans and specifications and
advertise for bids on City Well and Pumphouse No. 3.
MOTION: Osterholt moved, seconded by Meyers , to accept the
City Engineer' s memo dated March 10, 1977, and to authorize
preparation of plans and specifications and advertise for bids for
City Well and Pumphouse No. 3. Motion carried unanimously.
4. Receive --petition and order feasibility study for utilitiesin
Idenvi ew 1 , and Kucher' s 1st Addition, I . C. 51-300
City Engineer Jullie spoke to his memo dated March 11 1977 and
recommended approval of Resolution No. 77-35.
Meyers suggested that a part of the feasibility study include
dye testing in the area.
Council requested that people on Kurtz Lane be notified that this is
just a feasibility study for sanitary sewer and watermain laterals
including service along Kurtz Lane.
MOTION: Osterholt moved , seconded by Meyers, to adopt Resolution
No. 77-35, ordering preparation of a feasibility study for 1X. 51-300.
Motion carried unanimously.
5. Ao r eennent 1-.,i I h 11i ota F:r'pa rtrcnt of Tra ns por tat-1 cli-i 1.ra ff i c si(Ina Is
at interstate zllj�i rai;o-is to -111 169
City Engineer Jullie spoke to his merno dated March 11 , 1977 and ansk..'ered
questions of Courc-i I ;-,.einhers
Fred Baunann, 10SO5 Valley View Road , questioned the need for signals
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at Interstate 494 ramps to TH 169 , when there has been so much concern
about signals at the VoTech entrance. He further asked if there were some
%-.,ay the City could request a higher priority.
City Manager Ulstad explained that the Minnesota Department of
Transportation has a criteria they follow in establishing priorities for such
facilities , and to ask them to change would be an firipossibility.
MOTION: 0 terhol t moved, seconded by Bye, to authori ze the Mayor and
Manager to enter into a cooperative agreement with the Minnesota Department
of Transportation for traffic signal ization at the 1-494 ramp junctions at
T. H. 169, i n accordance with the March 2, 1977 letter from R. M. Robinson,
District 5 Traffic Engineer. Osterholt, Bye and Penzel voted "aye",
Meyers abstained. Notion carried.
F. Report of Finance Director
1. Payment of Claims Nos . 9956 - 10000; 5001 - 5049
MOTION : Osterholt moved, seconded by Meyers , to approve Payment of
Claims t4os . 9956 - 10000; 5001 - 53491. *Roll Call Vote : Osterhol t,
Meyers , Bye and Penzel voted "aye" , Motion carried unanimously.
2. Clerk' s License List
M0-110,11.1 : Meyers moved, seconded by Bye, to approve the Clerk' s
License List dated March 15, 1977. Motion carried unanimously.
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VI .NEWI BUSINESS
A. Discussion of Vernon Geiger letter
" :, Iscussion took place relative to letter received from Mr. Geiger dated
February 28, 1977, in opposition to the Highway Maintenance Building
on Highway 169.
Council directed City Manager Ulstad to draft a letter to Mr. Geiger
to be included in "For Your Information" packet on Friday for Council 's
approval before sending out.
B. Discussion of the_j-JinLsjqpe pi-oposal
General discussion took place regarding the dissatisfaction with the
exterior of the buildings. it was the consensus of the Council that City
Manager Ulstad talk to the authorities about the exterior of the building.
Also that City Attorney Perbix review the records and a stop order be issued
if the records indicate that the exterior of the buildings are other than
what was previously approved.
mutes - 7 TuE_s 5, 1977
VLNEI.d FUSiNESS (continued)
C. Boomer land proposed for park acquisition
Council requested Mir. Boomer put his proposal in writing to the Council
relative to the sale of his property to the City for part, purposes.
D. Proposed_ordinance for 1ian!jLjcARpe_d parkinq
City Attorney Perbix spoke to Ordinance No. 77-10 and answered questions
of Council members.
Fred Baumann, 10805 Valley View Road, questioned who would be responsible
for pat'roling the handicapped parking areas. Mayor Penzel responded that
our Public Safety Department would have this. responsibility.
MOT I ON : Osterholt moved, seconded by Bye, to approve the 1st Reading
of Ordinance No. 77-10, regulating the signing of parking spaces for
handicapped persons and relating to enforcement of state identificatior.
certificate,. Osterholt, Bye and Penzel voted "'aye" , Meyers abstained.
Motion carried.
E. Transfer of monies from the unallocated surplus of the general fund to
Sofety Department
City f-lanager Ulstad requested the transfer of $21 ,000 from the unallocated
surplus of the oerieral fund to the Public Safety Department for the
addition of one-man as of April 1 , 1977, and one man as of July 1 , 19177.
MOTION: Osterholt moved , seconded by Bye, to approve the request of the
City Manager to transfer $21 ,000 from the unallocated Surplus of the general
fund to the Public Safety Department for the addition of one man as of April 1 ,
1977 , and one man as of July 1 , 1977. Roll Call Vote: Osterholt, Bye,
Meyers and Penzel voted "aye". Motion carried unanimously.
F. M-i.ley Sprinkler rezoning agreement
City Manager Ulstad spoke to the Miley Sprinkler rezoning agreement and
requested that the Couticil consider granting Mr. Gjertsen a rough grading
permit before the 2nd Reading of his Ordinance. Ulstad explained that
the rezoning agreements have been signed and are in order.
Council agreed to grant Mr. Gjertsen a rough grading permit.
G. Opinion on landLuse at the corner of Baker Road and County Road 67
City Manager Ulstad explained that the City has received a request from a
nursery for an interim use on the property located at the southeast corner
of Baker Road and County Road 67. He noted that the nursery would consist
of retail sales and also wholesale. The property is presently zoned
Commercial .
MOTION: Meyers moved, seconded by Osterholt, to direct staff to notify the
County of this request for this parcel and receive a response from them.
Motion carried unanimously.
C� ,�2- : 1 '.mutes - 8 - Tues. ,March 15, 1977
T . NEEI BUSINESS (continued)
H. Discussion of Garrison Forest re-oninq agrreeement
City i•ianager Ulstad explained that The Preserve is anxious to complete
this proposal and is workinq with staff to try and resolve concerns
of the Council .
MOTION: Osterholt moved, seconded by Meyers , to continue the 2nd
Reading of Ordinance No. 77- 11 and the rezoning agreement to the April
5th Council meeting for action. Motion carried unanimously.
NI I .ADJOURM4M"ENT
MOTION : Bye moved, seconded by Meyers , to adjourn the meeting at 10.32 PM.
Motion carried unanimously.
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