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City Council - 08/04/1981 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , AUGUST 4, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, City Engineer Gene Dietz, Planning ' Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Safe- ty Jack Hacking, Animal Control Officer Nancy Riley, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL : Dean Edstrom and George Tangen were absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were removed from III . Consent Calendar: C. becomes IX. D. 4. Award bids for Round Lake irrigation system; K. becomes IX. E. 3. Receive 100% petition and authorize preparation of plans- and specifications for "CPT/Eaton/SGL/ CPA" Road project, I .C. 52-010 Resolution No. 81-153 The following item was added to the Agenda: IX. E. 2. Vallgy1iew Trails. MOTION : Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. MOTION: Bentley moved, seconded by Penzel , to have Staff include estimated project costs whenever bids are awarded. Motion carried unanimously. II . MINUTES A. City Council Meeting held Tuesday, July 21 , 1981 Page 1 , para. l, line 10: change "five" to "three" . MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the July 21 , 1981, City Council meeting as amended and published. Motion carried unanimously. B. Joint City Council/Human Rights & Services Commission meeting held Monday, July 27 , 19811 MOTION: Redpath moved , seconded by Penzel , to approve the minutes of the Joint City Council/Human Rights & Services. Commission meeting held Monday, July 27, 1981, as published. Motion carried with Bentley abstaining. : r City Council Minutes -2- August 4, 1981 � C. Cif Council meeting held Monday, July 27, 1981 MOTION: Redpath moved, Bentley seconded, to approve the minutes of the City Council meeting held Monday, July 27, 1981 . Motion carried unanimously. III . CONSENT CALENDAR A. 2nd Readingof Ordinance No. 81-36, amending Ordinance No. 81-35 , the Ordinance authorizing the declaration of a state of water emergency during which time the use of water shall be regulated and prescribing a penalty B. Extension of bid period for Round Lake Playground equipment and authorize addendur C. Award bids for Round Lake irrigation system - removed to IX. D. 4. D. Award bids for grading of Staring Lake Park and Red Rock Park k E. Change Order request for Round Lake Park Shelter --F. Approve plans and specifications for improvements for Valley Place Offices, I .C. s 51-409, and authorize bids to be received August 27, 1981 Resolution No. 81-148) G. Award contract for Water Meter bid, I .C. 52-003 (Resolution No. 81-149) H. Award contract for 1981 Seal Coat Project, I .C. 52-002 (Resolution No. 81-150) I. Receive etition and authorize feasibility report and preparation of plans and specifications for Golden Ridge Utility Improvements,^I .C. 52-008 (Resolution No . 81-151)— J. Receive 100% petition and authorize improvements for 7661 Atherton Ways I .C. 52-009 (Resolution No. 81-152-y— K. Receive 100% petition and authorize preparation of plans and specifications for "CPT/Eaton/SGL/CPA" Road project, I . C. 52-010 Resolution No. 81-153 removed to IX.. E. 3. L. Receive petition for Eden Road Improvements and authorize feasibility report, I .C. 52-011 Resolution No. 81-154 M. Resolutio_n . aPPPPropriating Municipal State-Aid Funds for TH 169 Anderson Lakes Parkway Signalization, I .C. 51-341B Resolution No. 81-155 N. Receive feasibility report for drainage improvements in the vicinity of 69th Street between Washington Avenue and Shadv Oak Road I .C. 52-004 and schedule Pubic Hearing for September 1, 1981 (Resolution No. 81-156 0. Approve Change Order No. 2 for water supply wells, Contract No. 1, I .C. 51-354 MOTION: Redpath moved, seconded by Bentley, to approve items A - B, D - J, and L - 0 on the Consent Calendar. Motion carried unanimously. City Council Minutes -3- August 4, 1981 IV. PUBLIC HEARINGS A. Federal Revenue Sharing Funds City Manager Jull ie explained each year the City receives Federal Revenue Sharing allocations; the allocation for the coming year will be $154,828. A Public Hearing is required to commit these funds. In previous years they have been allocated to the Public Safety Department current expenses fund. MOTION: Redpath moved, seconded by Bentley, to allocate the 1982 Federal Revenue Sharing Funds for current expenses of the Public Safety Department. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 7632 - 7814 MOTION: Moved by Redpath , seconded by Bentley, to approve Payment of Claims Nos. 7632 - 7814. Roll call vote: Bentley, Redpath, and Penzel voted "aye. " Motion carried unanimously. V1 . REPORTS OF ADVISORY COMMISSIONS A. Development Commission - Report on Development Costs Development Commission Chairman Tim Pierce said the Development Commission feels the completion of the ring route is necessary for development to occur in the "MCA" area . They suggest other alternatives be looked into to finance the completion of the ring route. Redpath asked if Pierce could come back at another time so the whole Council could hear the report of the Development Commission . Pierce said he would do so. MOTION : Redpath moved, seconded by Bentley, to ask the Development Commision to undertake a study of completion of the ring route and alternate methods of financing the project; and to look at the kinds of projections for growth which are currently being used. City Staff will be available to work with the Devel- opment Commission as needed. Motion carried unanimously. VII . PETITIONS , REQUESTS & COMMUNICATIONS A. Smetana ' s Creekside Addition by Frank J. Smetana , Jr. Request to preliminary plat 3.6 acres from approximately 16 acres zoned Rural . Located west of 7722 Smetana Lane (Resolution No. 81-144) Planning Director Enger reported the Planning Commission had reviewed thi _ proposal at its July 27, 1981 , meeting as had the Board of Appeals in June. Both approved the request subject to Staff recommendations. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 81-144, subject to the recommendations contained in the Staff Report. Motion carried unanimously. City Council Minutes -4- August 4, 1981 B. Creek Rime Estates by Brian Gensmer. Request to preliminary plat 31 acres zoned Rural into 5 lots of single family homes . Located in the northwest quadrant of Co. Rd. 18 and Riverview Road (Resolution No. 81-145) R Planning Director Ender stated this had been reviewed by the Planning Commission at its July 27, 1981, meeting and recommended approval subject to the recommen- dations included in the Staff Report of July 23, 1981. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission had reviewed the request at its meeting on August 3, 1981 , and recommended approval with the addition of payment of cash park fees and that } the scenic easement as proposed be made a part of the document. Gene Ernst of Ernst Associates and Brian Gensmer were present. Ernst gave a fi slide presentation showing how the area might possibly be used. He went on to review the access, topography, vegetation and elevations. Penzel questioned whether or not the County has looked at the entrance point to the area . Enger explained they had and had approved the location as there is already an access point there and instead of two access points to the pro- perty, as is the case now, there would just be one. Ernst said that Hennepin County did locate the road at the crest of the hill . Bentley also questioned 3 ` the location of the access. a Penzel said in some instances along the bluff the City has required dedication of land beyond a certain elevation and wondered if a different approach was now being used. Enger explained that dedication of the flood plain area is required 4_ and so is dedication of a conservancy easement with no building allowed within that easement. This is consistent with what has been done in other areas such as Hillsborough. MOTION; Redpath moved, seconded by Bentley, to adopt Resolution No. 81-145, approving the preliminary plat of Creek Ridge Estates, subject to the recom- mendations contained in the Staff Reports and those made by the Planning Commis- sion and Parks, Recreation and Natural Resources Commission. Motion carried unanimously. VIII . ORDINANCES & RESOLUTIONS A. Resolution No. 81-147, approving amendment to Hennepin County Criminal Justice Coordinating Council 'Bytaws MOTION: Moved by Redpath, seconded by Penzel to adopt Resolution No. 81-147, approving amendment to Hennepin County Criminal Justice Coordinating Council y Bylaws. Motion carried unanimously. r City Council Minutes -5- August 4, 1981 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reoorts _of Council Members Bentley_ - Said he has become aware of a large number of abstentions in votes by Planning Commission members and would like the Council to advise the Commission that their votes are needed and necessary in advising the Council . If an abstention is necessary, then the reason for doing so should be given. Penzel recommended a joint meeting with the Planning Commission at which time this could be discussed. Redpath thought this might be a good time to discuss the report of the Development Commission also. Penzel asked Planning Director Enger to have the Planning Commission give the Council two or three dates which would be convenient for them to meet with the Council . B. Report of City Attorney_ There was no report. C. Report of City Manager 1 City Manager Jullie stated that no building permits are being issued in Rural zoned areas which do not meet the five acre requirement. The City had been issuing permits in areas which had been divided prior to the en- actment of the 1968 Ordinance. It is unclear just how this should be handled. Penzel suggested the matter be referred to City Attorney Pauly. Pauly noted he has been drafting an opinion on this which should take care of the matter. D. Report_ of Director of Community Services 1. Reouest to obtain quotes for an architect to design the _Staring Lake Park Shelter and Neighborhood Park Shelters Director of Community Services Lambert spoke to his memorandum of July 31, 1981, which addressed this matter, MOTION: Moved by Redpath,seconded by Bentley, to obtain quotes for an architect to design the Staring Lake Park Shelter and Neighborhood Park Shelters. Motion carried unanimously, 2. Creekwood Multi-Use Court Community Services Director Lambert explained that instead of two tennis courts at this site this requested change would call for one tennis court and one multi-use court which could be used for basketball , volleyball , and other games which would be painted on the surface, MOTION: Redpath moved, Bentley seconded, to change one of the tennis courts at Creekwood Park to a basketball/multi-use court for an additional $1, 135.00. Motion carried unanimously. City Council Minutes -6- August 4, 1981 3. Change Order Request for Community Center Director of Community Services lambert noted the costs for which the City will be responsible in changes in the Concession Stand at the Community Center. Total cost to the City for changes required in the concession stand, to make this a full service concession stand is $4,311 . m MOTION: Bentley moved, Redpath seconded , to approve the change orders required to make the Community Center Concession Stand a full service stand. Motion carried unanimously. Lambert spoke to the fire protection package for the Community Center. Some portions of this are still being worked on so final quotes are not available this evening. The architects are working with the Building Inspector, Fire Marshall , and Community Services people to determine what will be best as well as necessary under the code. MOTION: Bentley moved , seconded by Redpath, to instruct Staff to discuss various alternatives relative to a fire protection package and to negotiate the most economical method, not to exceed $25,000.00, to accomplish the required protection. Motion carried unanimously. g • 4. Award bins for Round Lake irrigation system — formerly III. C. Director of Community Services Lambert explained that due to a mix up in plans which had been sent to various bidders, the low bidder had bid from the wrong set of drawings . MOTION: Bentley moved , seconded by Redpath, to move to proceed with re- bidding and to reject all bids received and opened on July 30, 1981 . The new bids will be opened on August 27, 1981. Motion carried unanimously. 3 5. Senior Center Gazebo Community Services Director Lambert estimated the cost for renewing the Gazebo at the Senior Citizen Center to be about $850. This will be to repair the walkway, screening, and to paint the Gazebo. MOTION: Bentley moved, seconded by Redpath, to instruct Staff to proceed with the Gazebo refurbishing with the money to come from the Community Development Block Grant fund. Motion carried unanimously. E. Report of City Engineer 1. Receive petition and authorize preparation of Feasibility Report for draina a improvements north of Martin Drive, I ,C, 57=007esolution No, . 81-139 Continued from 7/21/81 i i' City Council Minutes -7- August 4, 1981 City Engineer Dietz spoke to his memo of July 29, 1981 , which reviewed the findings . M. E. Lane , Jr. , project petitioner, indicated he and his partners are willing to pay about $5,000 - $6,000 of the cost which would probably take care of the School Road homeowners' share. Bentley asked Dietz if the Engineering Department had looked into the difference between corrugated and concrete pipe as far as costs go. Dietz indicated that had been done. MOTION: Redpath moved , seconded by. Bentley, to adopt Resolution No. r 81-139, receiving petition and ordering feasibility report for drainage improvements north of Martin Drive, I .C. 52-007. Motion carried unani- mously. P 2. Valley View Trails Penzel stated a petition had been received from residents along the south side of Valley View Road objecting to the installation of an eight foot wide bituminous "walkway" which is soon to be constructed. Penzel felt the facility is needed and would provide direct access for bikers and walkers to the High School and Community Center. Bentley said he could appreciate the concern of the residents; however, in view of public safety, trails should be continuous . Redpath concurred. R Pat. Baxter, 7151 Tartan Curve, asked to go on record as opposed to the walkway. He is concerned about the width, feels they are unnecessary the walkways along Highway 5 are not used, and generally finds them un- acceptable . MOTION: Bentley moved, seconded by Redpath, to proceed with the trail as proposed and direct Staff to work with the residents who need any help in moving trees which have been planted in the right-of-way. Plotion ` carried unanimously. Bentley suggested that real estate agents be rewired to make prospective homeowners aware of what improvements are going to be made in an area prior to selling a home. City Attorney Pauly will review disclosure requirements which might be in effect in other communities . 3. Receive 100% petition and authorize preparation of lans and specifications for "CPT/Eaton/SGL/CPA" Road pro 'ect, I.C. 52-010 (Resolution No. 81-153 - formerly III . K. Penzel stated he wished to have this item removed from the Consent Calen- dar so reference might be made to the statements made by Dean Scheff, President of CPT Corporation, when he addressed a luncheon meeting of the Eden Prairie Chamber of Commerce recently. Scheff allegedly made statements regarding this Council 's lack of cooperation. These statements genuinely offended Penzel . City Council Minutes -$- August 4, 1981 Redpath noted that he and Bentley are both on the Chamber of Commerce' s Board of Directors and he will bring up the subject at their next meet- ing. He agreed that this was not the proper time or place to bring up the matters which Scheff did. Bentley understood Scheff had discussed a general regulation problem. Redpath felt a letter should be written to Scheff expressing displeasure with the comments made at the luncheon. MOTION: Bentley moved, seconded by Redpath , to adopt Resolution No. 81-153, receiving 100% petition, ordering improvements and preparation of plans and specifications for public improvements for CPT/Eaton/SGL/CPA Road Project, I.C. 52-010. Motion carried unanimously. F. Report of Finance Director ' I. Clerk's License List Mayor Penzel read portions of a letter regarding problems with dogs owned by Roger Farber. The letter had been submitted to the Council F by Barbara Fischley and Julie Ruder both of 6533 Rowland Road. The letter is attached to these Minutes. Director of Public Safety Hacking noted that Council members had re- ceived a copy of a memo he had received from Nancy Riley, Animal Control Officer, which contained the findings of her license investigation. Roger Farber, 6525 Rowland Road, explained they own 10 acres of land and have found they can keep their dogs under control and on their own property. The problems they have run into have been with the female Rottweiler and they have found they must keep her in a kennel while she is in heat. Barbara Fischley, 6533 Rowland Road, spoke to the problems they have encountered with the Farber dogs. Director of. Public Safety Hacking said the Council could put limitations on the license as to the number of dogs and how they are enclosed in the kennel . MOTION: Bentley moved , seconded by Redpath , to grant the Clerk's License List; including the Farber Kennel License which is subject to the following contingencies: 1) the kennel must be totally enclosed; 2) Public Safety is to monitor the situation; 3) if further incidents occur,the Council will review the license with the possibility of revocation; 4) the license limits the number of dogs to .four with the provision that three will be the limit when one dies; and 5) request Dr. Farber to keep his dogs under control . Motion carried unanimously. ,r City Council Minutes -9- August 4, 1981 X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9:40 p.m. Motion carried unanimously. i Yn t a:_X