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HomeMy WebLinkAboutCity Council - 01/27/1976 EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 27, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Sidney Pauly, Joan Meyers and Tim Pierce COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Marty lessen; Engineer Carl Jullie INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS II. MINUTES - A. Minutes of the Special Council Meeting held Tuesday, Page 1633 December 30, 1975. B. Minutes of the Regular Council Meeting held Tuesday, Page 1634 January 6, 1976. C.Minutes of the Regular Council Meeting held Tuesday, Page 1645 January 13, 1976. III. PUBLIC HEARING A. Community Development Block Grant Funds for 1976. Page 1575 IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 294, Eden Prairie Family Recreational Page 1655 Center by Eden Development, Inc., requesting rezoning from I-2 Park to Community Commercial for a 21 acre site north of T.H. 5 and east of Edenvale Boulevard. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports by Council Members B. Report of City Engineer 1. Consider bids on lateral sewer for Creekwood Estates 2nd Addition, I.C. 51-280. Council Agenda - 2 - Tues.,January 27, 1976 B. Reor pt of City Engineer (continued) 2. Receive re ort on relimina road alignments for the area west Page 1665 of Baker Road and north of Valley View Road. 3. MHD En ineerin and Technical Assistance A reement and Page 1671 Resolution authorizing City Engineer to request such assistance. • Page 1674 4, MHD Agency Contract. 5. Swendseen Condemnation - I.C. 51-264. 6. s 4 MPH s eed limit on Schooner Blvd. Page 1684 C.Report of Director of Community Services 1. Valley View Road Bikeway/Hikeway - Recommendation on Page 1685 Community Development Revenue Sharing 1975 Block Grant. 2. Consideration of Contract for Relocation Consultant Services. Page 1692 3. Report on Bicentennial Committee. Page 1694 D.Report of City Manager 1. Sign Ordinance discussion. Page 1695 2. City Relationships with Chamber of Commerce. 3. Consideration on changing March 2. 1976 Council meeting. 4. Letter from businessmen and taxpayers regarding expediting Page 1703 construction of the Crosstown Highway between Shady Oak Road and I-494, and upgrading Hennepin County Bridge #435 on C.S,A.H. 60 (Baker Road). 5. Personnel Resolution. 6. Union Nominating Committee. Page 1705 7. General discussion on Council Minutes (what should be included and what can be excluded). E. Report pf Finance Director 1. Clerk's License List. Page 1706 2. Payment of Claims Nos. 8509 - 8618. Page 1707 VI. NEW BUSINESS VII. AT 7OURNMENT. EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 30, 1975 4:00 PM, CITY HALL COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers Sidney Pauly Wolfgang Penzel ROLL CALL: Osterholt, Bye, Meyers, Pauly & Penzel present. The meeting was called to order at 4:00 PM by Mayor Osterholt. MOTION: Bye moved, seconded by Pauly, that the City Council approve the draft resolution of the personnel policy, employee classification, rate range and proposed salary adjustment for 1976 as proposed by the City Manager in memo dated December 19, 1975. Discussion centered around questions and explanations of draft personnel resolution. MOTION: Meyers moved, seconded by Penzel, to table the previous motion. Roll Call Vote: Bye, Pauly and Osterholt voted "nay", Meyers and Penzel voted "aye". Motion failed. Bye withdrew his motion, Pauly withdrew her second. MOTION: Bye moved, seconded by Pauly, to receive the draft of the personnel resolution and approve the City Manager's December 19th proposed employee classification, rate range and salary adjustment for 1976. Salary adjustments of the City Manager to be decided at a later date. Motion carried unanimously. MOTION: Penzel moved, seconded by Meyers, that the draft personnel resolution be • presented to the Council for consideration at the January 13th Council meeting. Motion carried unanimously. MOTION: Meyers moved, seconded by Penzel, to adjourn the meeting at 6:00 PM. Motion carried unanimously. /633 . i UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 6, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Acting Mayor Joan Meyers William Bye Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Chief Building Inspector Wayne Sanders Sergeant Keith Wall City Engineer Carl Tullis Recording Secretary Joyce Provo INVOCATION - City Attorney Harlan Perbix PLEDGE OF ALLEGIANCE • ROLL CALL - Meyers, Bye, Pauly and Penzel present. I. OFFICIAL DESIGNATIONS Acting Mayor Meyers called the meeting to order at 7:30 PM. A. Appointment of Acting Mayor MOTION: Penzel moved, seconded by Pauly, to nominate Councilwoman Meyers for the position of Acting Mayor for 1976. Bye,Pauly and Penzel voted "aye", Meyers abstained. Motion carried. B. Appointment of Mayor MOTION: Pauly moved, seconded by Meyers, to nominate Councilman Penzel for the position of Mayor of Eden Prairie. Pauly and Meyers voted "aye", Bye and Penzel abstained. Motion carried. Penzel submitted his resignation from the office of Councilman and requested Council accept same. MOTION: Pauly moved, seconded by Bye, to accept the resignation of Penzel from the office of Councilman. Motion carried unanimously. City Attorney Perbix conducted the swearing-in ceremonies for Penzel to • fill the vacant position of Mayor for the City of Eden Prairie. Councilwoman Pauly presented a gavel from former Mayor Osterholt to new Mayor Penzel. Acting Mayor Meyers relinquished the Chair to newly elected Mayor Penzel. / / Council Minutes - 2 - Tues.,January 6, 1976 I. OFFICIAL DESIGNATIONS (continued) C. Appointment of Councilperson MOTION: Pauly moved, seconded by Meyers, to nominate Tim Pierce for the position of Councilman filling the vacancy which occurred with Mr. Penzel's resignation. Pauly, Meyers and Penzel voted "aye", Bye abstained. Motion carried. City Attorney Perbix conducted the swearing-in ceremonies for Tim Pierce to fill the vacant position of Councilman for the City of Eden Prairie. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the New Business category: 1. Letters of appreciation to past advisory commission members. 2. Report on progress of Guide Plan consultant contract. 3. Letters of appreciation to those who have expressed interest in Commissions and Council position. 4. Receipt of letter from Mr. Williams informing the Council of his resignation from the Human Rights Commission. 5. Civil defense truck. MOTION: Meyers moved, seconded by Pauly, to approve the agenda with the inclusion of the five afore mentioned items under New Business category. Motion carried unanimously. III. MINUTES A. Minutes of the Regular Meeting held Tuesday, December 2, 1975. pg. 4, para. 3, 3rd line, strike "reasonable" and insert "the recommended". Pg. 5, paragraphs 1 and 2, strike "home" throughout these two paragraphs and insert "house"; 2nd para., 3rd line, after "month" insert "with conditions of lease outlined by the staff". Pg. 5, para. 6,2nd line, strike "20" and insert "17". • MOTION: Pauly moved, seconded by Meyers, to approve the minutes of the December 2, 1975 Council meeting as corrected. Pauly, Meyers, Fenzel & Bye voted "aye", Pierce abstained. Motion carried. • Council Minutes - 3 - Tues.,January 6, 1976 III.MINUTES (continued) • B. Minutes of the Regular Meeting held.Tuesday, December 9, 1975. Pg. 2, para. 5, line 8, after "that" strike "Figure 1 in the 1975 Feasibility Report for the Sanitary Sewer Improvements be the diagram" and insert "the scope of the sewer project shown as Figure 1 be". Pg. 4, 2nd para., line 3, strike "are". Pg. 5, para. 1, line 11, strike "ask for" and insert "demand". Pg. 6, para. 2, 2nd & 3rd lines, strike "as he has over the past few years". Pg. 8, para. 4, line 3, strike "not authorized" and insert "been unable to provide a suitable alternate site for"; pare. 5, 2nd line, strike "off" and insert "west". MOTION: Pauly moved, seconded by Meyers, to approve the minutes of the December 9, 1975 Council meeting as corrected. Pauly, Meyers, Penzel & Bye voted "aye", Pierce abstained. Motion carried. C. Minutes of the Special Council Meeting held Saturday, December 20, 1975. MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the December 20, 1975 Council meeting as submitted. Pauly, Meyers, Penzel & Bye voted "aye", Pierce abstained. Motion carried. IV.APPOINTMENTS A. Suburban Rate Authority MOTION: Bye moved, seconded by Meyers, to appoint City Engineer Carl Jullie as the representative to the Suburban Rate Authority for 1976. Motion carried unanimously. B. Suburban League of Municipalities Deleted from the agenda. C. Metropolitan League of Municipalities (1 Representative & 4 Alternates) MOTION: Meyers moved, seconded by Pierce, to appoint Mayor Penzel as the Representative to the Metropolitan League of Municipalities with the remainder of the Council as Alternates for 1976. Motion carried unanimously. D. South Hennepin Human Services Council (2 Representatives) • MOTION: Pauly moved, seconded by Meyers, to appoint Finance Director John Frane and Councilman Tim Pierce as representatives to the South Hennepin Human Services Council, terms to expire 1/31/78. Pauly, Meyers, Bye & Penzel voted "aye", Pierce abstained. Motion carried. Council Minutes - 4 - Tues.,January 6, 1976 IV. APPOINTMENTS (continued) E. CATV Study Commission MOTION: Pauly moved, seconded by Bye, to appoint Councilwoman Meyers and City Manager[listed as representatives to the CATV Study Commission. Bye, Pauly, Penzel and Pierce voted "aye", Meyers abstained. Motion carried. F. WAFTA (Western Area Fire Training Association) MOTION: Pauly moved, seconded by Meyers, to appoint Dennis Jarvela as the representative to the WAFTA Board for a term to expire l/1/77. Motion carried unanimously. G. Board of Appeals and Adjustments-Appointment of 5 Representatives MOTION: Pierce moved, seconded by Pauly, to appoint Councilwoman Joan Meyers, Don Sorensen, James Cardinal, Tom Cebulla and James Wedlund to the Board of Appeals and Adjustments for a one year term to expire 12/31/76. Pierce, Pauly, Bye and Penzel voted "aye", Meyers abstained. Motion carried. H. Building Code Board of Appeals - Appointment of 5 Representatives MOTION: Pauly moved, seconded by Meyers, to appoint William Bonner, Charles DeBono, Anthony Hirt, Robert Lapic and Paul Molzahn to the Building Code Board of Appeals for a one year term to expire 12/31/76. Motion carried unanimously. I. Planning Commission - Appointment of 4 Representatives MOTION: Meyers moved, seconded by Pauly, to accept with regret the resignation of Roger Boerger from the Planning Commission. Motion carried unanimously. Meyers placed the names of William Bearman and Richard Lynch into nomination; Pauly placed the name of David Osterholt into nomination; and Penzel placed the name of Rod Sundstrom into nomination. MOTION: Pierce moved, seconded by Pauly, that nominations be closed. Motion carried unanimously. It was determined by the Council that the first two nominees elected to the Planning Commission would be for three year terms, and the third nominee for a two year term. Council Minutes - 5 - Tues.,January 6, 1976 I. Planning Commission (continued) Upon a voice vote, the following nominees were appointed to the Planning Commission: William Bearman and Richard Lynch for three year terms to expire 12/31/78, and Rod Sundstrom for a two year term to expire 12/31/77. MOTION: Pierce moved, seconded by Meyers, to reopen nominations for a Council Representative to the Planning Commission. Motion carried unanimously. MOTION: Meyers moved to nominate Councilwoman Pauly for Council Representative to the Planning Commission, Pierce seconded. Motion carried unanimously. J. Parks, Recreation and Natural Resources Commission MOTION: Meyers moved, seconded by Pauly, to appoint Richard Anderson and Williams Garens to three year terms to expire 12/31/78, Steve Fifleld as a youth member with a term to expire 7/31/76, and Tim Pierce as the Council Representative to the Parks, Recreation and Natural Resources Commission. Meyers, Pauly, Bye and Penzel voted "aye", Pierce abstained. Motion carried. K. Human Rights Commission MOTION: Meyers moved, seconded by Pauly, to appoint Mari Dragseth, James Simchuck, Doug Meyer and Duane Pidcock to three year terms to expire 12/31/78; Lorraine Maenke to a one year term to expire 12/31/76; Linda Pratt and Wendy Martin as Youth members with terms to expire 4/30/76, and Billy Bye as the Council Representive to the Human Rights Commission. Motion carried unanimously. Pauly requested an item be added to the January 13, 1976 Council Agenda pertaining to Council members serving on various boards/ commissions. L. Appointment of City Attorney MOTION: Bye moved, seconded by Meyers, to appoint Harlan Perbix as City Attorney for 1976. Motion carried unanimously. M. Appointment of Health Officer MOTION: Meyers moved, seconded by Pierce, to appoint Dr. Frederic Ekrem as Health Officer for 1976. Motion carried unanimously. Council Minutes - 6 - Tues.January 6, 1976 V. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 311 relating to licensing of contractors of the City of Eden Prairie. MOTION: Meyers moved, seconded by Pauly, to approve the 2nd reading of Ordinance No. 311 relating to licensing of contractors of the City of Eden Prairie. Motion carried unanimously. B. 1st Reading of Ordinance 310, Fee Ordinance City Manager Ulstad and City Engineer Mlle spoke to the gravel mining part of Ordinance No. 310 as presented to the Council. Dick Bury, Midwest Asphalt, stated that Eden Prairie far and above has the highest fee of any municipality that Midwest operates in, thus Mid- west finds they cannot be competitive in projects. He further explained that City Engineer Jullie could come out to their gravel mining operation and be shown exactly what Midwest has done, noting that this would take about one hour. Costs will have to be charged back to the customer. Requested the Council consider leaving fees the way they are at the present time. Mr. Bury expressed his desire to sit down with City Manager Ulstad and City Engineer Jullie to work out problems. Ulstad stated that he, along with Mr. Jullie, would be willing to meet with all of the gravel pit owners to discuss the problems. MOTION: Pauly moved, seconded by Meyers, to direct Mr. Ulstad to meet with gravel mining operators, take into bonstderatton Mr. Bury's comments, and report back to the Council. Motion carried unanimously. Bye suggested that 3.4 relating to dogs should speak to dogs in general for a fee of$4.00, thus eliminating redundant language, le., male or female (spayed or unspayed). MOTION: Meyers moved, seconded by Pierce, to approve the first Reading of Ordinance No. 310, regulating fees and charges for business licenses, permits and municipal services, and amending Ordinance No. 280, and to further take into consideration the suggestions made by Councilman Bye pertaining to Dogs under 3.4. Motion carried unanimously. C. Resolution No. 1066 - 1976 Meeting Dates and Times MOTION: Bye moved to amend Resolution No. 1066 in the 1st paragraph, 3rd line, after "7:30 PM,"add "to be adjourned by 11:00 PM unless waived by unanimous vote of the members present'; seconded by Pauly. Bye, Pauly, Pierce and Penzel voted "aye", Meyers voted "nay". Motion carried. /639 Council Minutes - 7 - Tues.,January 6, 1976 C. Resolution No, 1066 - 1976 Meeting Dates and Times (continued) MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1066, a resolution designating the official meeting dates, time and place for the City of Eden Prairie Council members in 1976 as amended. Bye, Pauly, Pierce, & Penzel voted "aye", Meyers voted "nay". Motion carried. D. Resolution No. 1067, Designating Official Newspaper City Manager Ulstad stated that two proposals had been submitted to become Eden Prairie's official newspaper, those being Eden Prairie News and the Sun Newspapers. City Attorney Perbix explained both newspapers do qualify as our legal newspaper. He further stated that the law does provide and set forth a priority of definitions: 1) A newspaper that has its office within the community and is printed within the community; 2) A newspaper that has its office within the community and is printed from beyond the community; and 3) a newspaper that neither has paper printed or office within the community. The Eden Prairie News has an office within the City of Eden Prairie although it is not published within the City,and the Eden Prairie Sun has neither an office in the community nor is published in Eden Prairie. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1067 designating the Eden Prairie News as the official newspaper. Motion carried unanimously. E. Resolution No. 1068 -Official Despottory for City Funds. MOTION: Pauly moved, seconded by Pierce, to adopt Resolution No. 1068 designating depository as First National Bank of Hopkins. Motion carried unanimously. F. Resolution No. 1069 -Investment Authorization. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1069 regarding investment authorization. Motion carried unanimously. G. Resolution No. 1070 -Signatory Authorization MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1070 regarding signatory authorization. Motion carried unanimously. H. Resolution No. 1071 - Facsimile Signatory Authorization MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 1071 authorizing use of facsimile signatures by public officials. Motion carried unanimously. !�yQ Council Minutes - 8 - Tues.,January 6, 1976 VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Tames Trench, Attorney for DeForest Underdahl, requesting the granting of a building permit for Mr. Underdahl to build a home on his property. (Tract B of Registered Land Survey No. 756). Mr. Trench, attorney for Mr. Underdahl, requested that this item be deleted from the agenda at this time. Request granted. B. Communication from Tack Bailey, Mayor of Minnetonka, pertaining to the vacant building on the grounds of Glen Lake Sanitarium for use as a detox center for Hennepin County. City Manager Ulstad spoke to communication from jack Batley, Mayor of Minnetonka, dated December 22, i975, along with resolution adopted by the Minnetonka City Council on December 15, 1975. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1077 addressed to the County Board of Commissioners in respect to the property at the Glen Lake Sanitarium site asking them to rescind their approval for the demolition of the Naysmith-Townsend Residence Hall for Nurses. Meyers, Pauly, Pierce and Penzel voted "aye", Bye voted "nay". Motion carried. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of City Manager 1. Authorization for Public Safety to advertise for bids for two civil defense warning sirens. Meyers questioned if sirens had to be bright yellow and if poles could be ornamental. Sergeant Wall stated he would look into suggestions from Meyers as an alternative. Penzel requested that an effort be made to secure coverage for the southern half of area as soon as possible. MOTION: Meyers moved, seconded by Pierce, to authorize Public Safety to advertise for bids for two civil defense warning sirens to be opened on February 2nd and received on February 10, 1976. Motion carried unanimously. 2. Agreement for Contractual Services for Health Authority for the City of Eden Prairie for 1976. MOTION: Bye moved, seconded by Pauly, to approve the agreement for contractual services for Health Authority for the City of Eden Prairie for 1976. Motion carried unanimously. 1641 Council Minutes -9 - Tues.,January 6, 1976 A. Report of City Manager (continued) 3. Lost City of Eden Prairie Water and Sewer Bond Coupon City Manager Ulstad spoke to memo from Finance Director John Frane dated December 24, 1975 explaining that L. A. Light of Manchester, Iowa, the holder of bond#428 of our 4/1/75 bond issue, cannot locate interest coupon #1 in the amount of$175.00. MOTION: Bye moved, seconded by Pauly, to authorize the City to accept the bond and to instruct the American National Bank of St. Paul to pay the interest. Motion carried unanimously. B. Report of City Engineer 1. Resolution authorizing eminent domain proceedings as required for T.H. 169 improvement project STR 74-3-09, I.C. 51-266. City Engineer Jullie outlined his memo dated January 2, 1976 regarding easement and right-of-way appraisals for above project. MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1078 authorizing condemnation on the parcels outlined in the Richard A. Campbell appraisal report, Including The Preserve and Homart property along #169 Improvement project STR 74-3-09, I.C. 51-266. Motion carried unanimously. C. Report of Director of Community Services • 1. Resolutions authorizing 1976 LAWCON Grant application. Director of Community Services Jessen outlined Resolution Nos. 1073 and 1074 to Council members. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1073 authorizing the Mayor to sign application for grant to acquire open space under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resource Fund. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1074 authorizing filing of application for grant to acquire open space under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resource Fund. Motion carried unanimously. Council Minutes - 10 - Tues.,January 6, 1976 C. Report of Director of Community Services (continued) 2. Request for advance payment for Blacklock property. Director of Community Services Jessen spoke to his memo dated January 2, 1976, requesting advance payment by Blacklock's for their property due in 1976 to be paid in January rather than July as specified under the purchase terms. MOTION: Pauly moved, seconded by Bye, to grant request of Blacklock's for advance payment for their property due in 1976 to be made in January rather than July in the amount of $16,670.63. Roll Call Vote: Pauly, Bye, Meyers, Pierce and Penzel voted "aye". Motion carried unanimously. D. Report of Finance Director 1. Clerk's License List MOTION: Bye moved, seconded by Pierce, to approve the Clerk's License List as submitted. Motion carried unanimously. VIII.NEW BUSINESS A. Letters of appreciation to past advisory commission members Meyers requested that letters of thanks be sent to past advisory commission members Roger Boerger, Dick Feerick, and Wayne Brown. Letters to be signed by Mayor Penzel. B. Report of progress of Guide Plan consultant contract Meyers requested an update on Guide Plan consultant contract. Ulstad stated a draft had not been drawn up yet. Staff will meet with Mr. Brauer on Monday, January 12, 1976, 9:00 AM, regarding a calendar of events. Meyers suggested that a rough draft of the consultant contract be submitted to the Planning Commission on Monday evening, January 12, and to the City Council on Tuesday, January 13. C. Letters of appreciation to those who have expressed interest in Commissions and Council position. Penzel requested letters be sent to all persons that have expressed an interest in serving on various Boards or Commissions thanking them for submitting their names. Also that letters be sent to those persons selected to serve with information pertaining to commission to which they have been appointed. '(43 luau.,lanuary b, 1976 VIII.NEW BUSINESS (continued) D. Receipt of letter from Mr. Robert Williams informing the Council of his resignation from the Human Rights Commission. Council received and filed letter from Mr. Robert Williams pertaining to his resignation from the Human Rights Commission. E. Civil Defense Truck City Manager Ulstad explained that the City has been offered a 6 X 6 foot State truck for $150.00. Appears it would be ideal for a mover for a chipper. MOTION: Bye moved, seconded by Pauly to authorize the City Manager to have the ability to spend $150.00 to buy a 6 X 6 foot truck. Roll Call Vote: Bye, Pauly, Pierce, Meyers & Penzel voted "aye". Motion carried unanimously. ADDITIONAL NEW BUSINESS A. Intergovernmental Committee General discussion took place regarding an Intergovernmental Committee on behalf of the City of Eden Prairie, possible members, and committee assignments. Penzel suggested staff gather a list of five or ten pressing problems and draft an ordinance on how we can formalize the establishment of this type of body. B. Salary for Chris Enger City Manager Ulstad requested that a salary be granted for Chris Enger in the amount of$1,060.00 per month. MOTION: Bye moved, seconded by Pauly, to accept the Manager's report of January 6, 1976, and to proceed in his judgement to grant a salary to Chris Enger for 1976 in the amount of$1,060.00 per month. Motion carried unanimously. IX. ADJOURNMENT MOTION: Pauly moved, seconded by Meyers, to adjourn the meeting at 10:52 PM. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 13, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel William Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Utstad City Attorney Harlan Perbix City Engineer Carl Jullie Director of Community Services Marty lessen Planning Director Dick Putnam Recording Secretary Joyce Provo INVOCATION - Councilman Tim Pierce PLEDGE OF ALLEGIANCE ROLL CALL - Meyers, Pauly, Pierce & Penzel present. Bye arrived at meeting at 7:45 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Meyers moved, seconded by Pierce, to approve the agenda as presented. Motion carried unanimously. II. APPOINTMENTS A. Appointment of 1 Youth Member to the Parks, Recreation & Natural Resources Commission. (Term to expire 7/3i/76) MOTION: Meyers moved, seconded by Pierce, to appoint Brian Mikkelson as a Youth Member to the Parks, Recreation & Natural Resources Commission for a term to expire 7/31/76. Motion carried unanimously. B. Appointment of 3 representatives to the Southern Hennepin County Committee (South Hennepin Route Ridership Study): MOTION: Meyers moved, seconded by Pauly, to appoint John McCulloch as the Citizens Representative, Charles Rauscher as the Business Representative, and Dick Putnam as the City Representative to the Southern Hennepin County Committee. Motion carried unanimously. /6//') • Council Minutes - 2 - Tues.,January 13, 1976 III. ORDINANCES & RESOLUTIONS A. Resolution No. 1075, a resolution supporting Federal Revenue Sharing City Manager Ulstad recommended that the Council consider sending a resolution to Congressman Frenzel supporting the concept of Federal Revenue Sharing. MOTION: Penzel moved, seconded by Pauly, to amend Resolution No. 1075 by adding "and urge the Congress of the United States to take prompt and positive action"at the end of the third paragraph. Motion carried unanimously. • MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 1075 as amended. Motion carried unanimously. B. 2nd Reading of Ordinance No. 310, Fee Ordinance City Manager Ulstad explained that as per the Council's direction he has met with City Engineer Jullte and three of the active mining owners and operators in the City of Eden Prairie. • City Engineer Jullie spoke to his memo dated January (3, 1976 outlining a reasonable and acceptable schedule of permit and license fees and performance bond requirements for mining to be Incorporated into the City's Fee Ordinance No. 310. (Outlined below) Application Annual Performance Fee License Fee Bond I. Land alteration - Incidental Mining (0 to 25.000 c.y.) total plan volume $200.00 $100.00 $ 1,000.00 II. Borrow Pit, with 25,000 - 75,000 annual c.y. volume $2000.00 $300.00 $10,000.00 III. Borrow Pit with more than 75,000 c.y. an- nual plan volume $2500.00 $750.00 $10,000.00 In addition, the operators will agree to submit a letter on behalf of their respective companies to guarantee that the City will be reimbursed for all restoration costs which could occur to the City in excess of the $10,000 bond amount. /6�lG Council Minutes - 3 - Tues.,January 13, 1976 B. 2nd Reading of Ordinance No. 310, Fee Ordinance (continued) MOTION: Meyers moved, seconded by Pauly, to approve the 2nd Reading of Ordinance No. 310, Fee Ordinance, and insert under Section 2, Subd. 3.9, the new fees as outlined in January 13, 1976 memo from City Engineer Jullie. Motion carried unanimously. IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of Planning Director 1. Community Development Funds for 1976. Planning Director Putnam spoke to his memo dated January 8, 1976 nothing that the 1976 Community Block Grant Program will provide approximately $35,000 to the City for continuation of the bikeway proposal, or may choose alternative projects that are eligible or share the money between different projects. He further stated that in line with the Urban County Community Development Application Time Schedule,two public hearings have to be worked in before the February 17, 1976 deadline. This would allow only four weeks for citizen participation, discussion of alternatives, selection of project(s), and preparation of the grant application. Meyers questioned if these two public hearings had to be held by the City Council. Putnam stated that last year it was the opinion of the HUD people that the City Council should hold the hearings as the City Council, in most cases, is responsible for spending funds. MOTION: Meyers moved, seconded by Pierce, to set January 27 and February 3, 1976, as the two public hearing nights for community discussion on the Community Development Funds for 1976. Further direct the staff to include notice in the recreational mailing going out to all homeowners. Motion carried unanimously. 2. Free-standing Commercial Establishments Planning Director Putnam outlined his memo to the Planning Commission dated December 3 regarding Free-standing commercial establishments. The Commission requested the Council's opinion as to this being a worthwhile subject to look into. Bye stated he did not feel this particular item is of any magnitude to spend a lot of time on. /6 . 1 Council Minutes - 4 - Tues.,January 13, 1976 2. Free-standing Commercial Establishments (continued) • MOTION: Bye moved, seconded by Pauly, to refer the subject of Free-standing Commercial Establishments to the City Attorney and if, in his judgement, the present ordinance needs some clarification,that it be brought back to the Planning Commission. Motion carried unanimously. 3. Comprehensive Guide Plan City Manager Uistad stated that staff has met with Mr. Brauer and requests that the Council set a date so Mr. Brauer can organize the first forum on the Comprehensive Guide Plan. MOTION: Meyers moved, seconded by Pauly, to set the first forum on the Comprehensive Guide Plan for Thursday, February 5, 1976, at 6:30 PM,and that Council, Staff and Advisory Commissions be requested to attend. Penzel expressed his desire that community participation be maximized. B. Report of City Engineer 1. Approve plans and specifications and order advertisement for bids on lateral sewer for Creekwood Estates 2nd Addition, I.C. 51-280. City Engineer Jullie outlined Resolution No. 1076 noting that bids would be opened at 10:00 AM on Monday, January 26, 1976, and considered by the Council at 7:30 PM on Tuesday, January 27, 1976. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1076 approving plans and specifications and ordering advertisement for bids on Project SAN 75-1-08, I.C. 51-280. Motion carried unanimously. C. Report of Director of Community Services 1. Purgatory Creek Open Space Corridor Study - Recommendation of the Parks, Recreation & Natural Resources Commission. Director of Community Services Jessen outlined his memo dated December 30, 1975 regarding the action by the Parks, Recreation & Natural Resources Commission on December 15, 1975 recommending that the City Council adopt the Purgatory Creek Open Space Corridor Study, calling for the acquisition of the conservancy zone and the management of the transition zone along the creek. /647 Council Minutes - 5 - Tues.,January 13, 1976 1. Purgatory Creek Open Space Corridor Study (Continued) Jessen further stated that the Planning Commission at their meeting held January 12, 1976 tabled any action on this Study because of new members. Therefore, Mr. Jessen requested the • Council consider adoption of the Purgatory Creek Open Space Study after the Planning Commission has made its recommendation. MOTION: Bye moved, seconded by Pauly, to delay any action until the Council receives considered recommendation from the Planning Commission. Motion carried unanimously. Meyers suggested the Planning Commission establish some definitive criteria for density tradeoffs. 2. Metropolitan Parks & Open Space Commission 5-Year Capital Improvement Program - Recommendation of the Parks, Recreation & Natural Resources Commission. Director of Community Services Jessen outlined his memo dated December 29, 1975 regarding action taken by the Parks, Recreation &Natural Resources Commission at their meeting held December 15, 1975 supporting the Metropolitan Parks & Open Space Commission 5-Year Capital Improvement Program. MOTION: Bye moved, seconded by Meyers, that the City of Eden Prairie express its support for the Metropolitan Parks and Open Space Commission Five Year Capital Improvement Program for regional recreation open space and trails, which includes the funding of acquisition of the Lake Riley Park Area, and the completion of the Bryant Lake and Anderson Lakes Parks, and that if the Purgatory Creek Open Space Corridor Study is approved and adopted as the City's goal for the creek,that it be submitted to the Metropolitan Parks and Open Space Commission for inclusion in the regional trail corridor system. Motion carried unanimously. 3. Communication from Parks, Recreation & Natural Resources Commission concerning the need for Recreational Improvements. Director of Community Services Jessen spoke to his memo dated December 29, 1975 from the Parks, Recreation & Natural Resources Commission and also Individual Commissioners Priorities for Recreational Improvements memo dated December 12, 1976. At the Parks, Recreation & Natural Resources Commission meeting held December 15, 1975, the Commission requested a meeting with the City Council to discuss their interest in a park bond issue. /G1/9 Council Minutes - 6 Tues.,January 13, 1976 3. Communication from Parks, Recreation & Natural Resources Commission concerning the need for Recreational Improvements. (Continued) Meyers suggested that the staff get some idea of when the School is planning a bond Issue. MOTION: Meyers moved, seconded by Bye, to start the January 27, 1976 regularly scheduled Council meeting at 6:30 PM, thus allowing one hour for the Council to meet jointly with the Parks, Recreation & Natural Resources Commission on recreational Improvement needs. Motion carried unanimously. 4. Horak & Bren Land Purchases Director of Community Services Jessen outlined his memo dated January 9, 1976 recommending that the City Council approve the Purchase Agreement for the Horak property, and the Option Agreements for the Bren property. Meyers noted that option agreements for the Bren property give no option to the City in case funding is delayed and asked if Bren's would accept an extension. Jessen replied he would attempt to secure either a 60 or 90-day extension. MOTION: Pauly moved, seconded by Meyers, to approve the Purchase Agreement for the Horak property, and the Option Agreements for the Bren property. Further direct the Director of Community Services to negotiate an extension clause on the Bren property option agreements. Motion carried unanimously. D. Report of City Manager 1. Discussion on whether Council Members should be on various boards and commissions. General discussion took place among Council members stating their particular feelings as to Council liaisons to various boards and commissions. Pauly stated there are too many meetings to attend when you include Council meetings, Commission liaison meetings, Joint School and Commission meetings, plus others. Does not see how one individual can do a good job as desirable as it might be. 1';0 i Council Minutes - 7 - Tues.,January 13, 1976 1. Discussion on whether Council Members should be on various boards and commissions (continued) Meyers noted that the City has been holding 3 Council meetings a month for 2 years and that joint meetings are only upon request. She feels this year it is especially desirable and of the utmost importance that the Council liaison continues. Bye explained he does not feel a Council liaison can carry feelings and attitudes back and forth and doesn't think the Council can be represented in their wishes, attitudes and desires by a Councilperson on a Commission. Does not believe anyone can represent him on what he thinks or may or may not do. He further stated that the Councilperson becomes closer to the Commission than he does to the Council,and becomes an advocate of the Commission and becomes a part of that Commission. Would be better served by more joint meetings. Joint meetings he has attended have been very fruitful. Pierce feels coming from a Commission that a Council liaison can be very helpful in clarifying Council policies, etc. Keeps Commissions from going off on tangents. Something that has to be there for communication. Bye stated there should be some formalizing, there should be a report at each meeting of what has happened from the Councilperson's position. If there is the challenge, then there should be some way of getting it to the ones that are not there. Pauly does not think the Council liaison can speak for the entire Council. She feels policies can be provided by the staff. As far as a Councilperson establishing expertise, that is a luxury item. Council members have their own expertise by being on the Council. Does feel joint meetings would be a better way to go. Bye felt the general point is that this is a parttime Council working with a fulltime technical staff. If it would be reversed, he would be for a Council liaison. Penzel explained that the commissions have strongly supported the continuation of a Council liaison. Council members have not generally attempted to reflect Council thinking, but instead always provided their interpretation as they see the situation and have only acted to interpret Council policy. In addition, it is fair to say that Eden Prairie is not unique in utilizing the process it is using In having a Councilperson sitting as a liaison person on the advisory commissions. Penzel further stated it is fair to say that no Councilperson who serves as a Council liaison is committed to attend the entire meeting. / 6I Council Minutes - 8 - Tues.,January 13, 1976 1. Discussion on whether Council Members should be on various boards and commissions (continued) MOTION: Pierce moved, seconded by Meyers, to have Council members continue to serve as a liaison on various boards and commissions. Further add a new section to Council agenda allowing Council liaison members to report to entire Council. Pierce, Meyers and Penzel voted "aye", Pauly and Bye voted "nay". Motion carried. E. Report of Finance Director 1. Clerk's License List MOTION: Meyers moved, seconded by Bye, to approve the Clerk's License List as submitted. Motion carried unanimously. 2. Payment of Claims Nos. 8393=• 8508. MOTION: Meyers moved, seconded by Bye, to approve Payment of Claims Nos. 8393 - 8508. Roll Call: Meyers, Bye, Pierce, Pauly & Penzel voted "aye". Motion carried unanimously. V. NEW BUSINESS A. Community Education Committee Penzel explained that since Mayor Osterholt's resignation the Council does not have a representative to the Community Education Committee. Bye suggested that Mayor Penzel participate on this committee. The Council agreed. B. Bicentennial Committee Penzel inquired as to the activities of the Bicentennial Committee. Director of Community Services lessen explained that the Committee did not have a specific program outlined at this time and he would report back to the Council on January 27 ar to the activities of the Bicentennial Committee. C. Letter of resignation from Tim Pierce from Human Rights Commission MOTION: Bye moved, seconded by Meyers, to accept Tim Pierce's resignation from the Human Rights Commission effective January 6, 1976. Council Minutes - 9 - Tues.,January 13, 1976 V. NEW BUSINESS (continued) D. Letter from F. Clayton Tonnemaker regarding proposed Muriel Humphrey Residences. Bye acknowledged letter he received from F. Clayton Tonnemaker regarding the Muriel Humphrey Residences of the Louise Whitbeck Fraser School, Inc., which is proposed for The Preserve, and requested that this be given to Council members in their"For Your Information" packet. E. Public Hearings MOTION: Pauly moved, seconded by Bye, to set Public Hearings on February 3, 1976, for Condon-Naegele, Skelly Oil and Maple Acres. Motion carried unanimously. F. Personnel Policy Ulstad requested that if the Council members have any thoughts or concerns relative to the wording in the Resolution or the draft copy to let him know. G. School Board Long Range Capital Improvement Program City Manager Ulstad stated he had talked to Dr. Fallon regarding the fact that at some point in time the School Board and Council should get together so the School can outline their long range capital improvement program. Ulstad plans to meet with Dr. Fallon every other week to talk about these kinds of things. H. Letter from Dick Bury and other businessmen/taxpayers. City Manager Ulstad explained that in the last "For Your Information" packet was included a communication from businessmen and taxpayers requesting the Council consider taking action to direct Hennepin County to expedite as quickly as possible the construction of the Crosstown Highway between Shady Oak Road and I-494 and also to upgrade the Hennepin County Fridge 41-435 on C.S.A.H. 60 (Baker Road). It was the consensus that this item be placed on the Council's January 27th agenda. I. Homart Dinner City Manager Ulstad noted the fact Homart is in the process of planning a dinner prior to the opening of the Eden Prairie Center and is requesting a list of about 34 people to attend dinner. Bye felt it should be left to • the City Manager's discretion to put together a list of persons to be invited to attend this function. /453 Council Minutes - 10 - Tues.,January 13, 1976 V. NEW BUSINESS (continued) J. Saunas City Manager Ulstad spoke to the communication from the Public Safety Department regarding Saunas which was included In last week's "For Your Information". K. Edengate City Manager Ulstad made the Council aware he has been talking to the legal counsel for Edengate reviewing their preliminary proposal. Penzel suggested staff check with the spokesman of the neighborhood group as to what kind of input they have had in this particular proposal. VI. ADJOURNMENT MOTION: Bye moved, seconded by Meyers, to adjourn the meeting at 10:35 PM. Motion carried unanimously. EDENVALE,INC. 7766 Mitchell Road•Eden Prairie,Minn.55343•612/941-5300 January 22, 1976 Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 • Dear Mr. Ulstad, This letter is being written in reference to the re-zoning agreement as prepared by Harlen Perbix regarding the Edenvale Family Recreation Center. The agreement is acceptable to Edenvale, Inc. with the exception of condition number 2 which states that we will convey to the City free and clear the property lying within the open apace easement area adjacent to Purgatory Creek. This condition is impossible for us to meet at this time because it is eucumbered by a mortgage on the entire site. Until such time as this mortgage is paid'off in full, it is not possible for us to convey this property free and clear to the City. In order to satisfy the City's desires for acquisition of the area presently encumbered by the open space easement, I propose the following: 1. Edenvale will be willing to deliver to the City of Eden Prairie a quit claim deed which is subject to the existing mortgage on the property. The City could at any time obtain free and clear title by releasing the property from the mortgage. 2. Edenvale will enter into an escrow agreement with the City wherein we will deliver a Warranty Deed in escrow and at such time as the entire tract is sold and released from the mortgage the property would be conveyed. The existing open space easement, a copy of which is attached, would remain in effect leaving the City with absolute control over the use of the property in the interim. • l/(D>J • We will be willing to enter into an agreement based on either of the two options stated above or leave the present easement in effect or sign the existing rezoning agreement with Item No. 2 deleted. Yours truly, EDENVALE, INC. onald R. Peterson President DRP/so Enclosures • • _. Corporation to Corporation J.MINES? • TEIS INSTWNENT,Made this 20th day of September ,19 71,by and between EDEN LADD CORPORATION a corporation under the laws of the State of Minnesota,party of the first part.end the Village of Eden Prairie, a aaicipnl corporation orgseiaed ender the low of the Stets of Miamsote,party of tbo second party; • VITSISSETR.That the said party of the first part,in consideration of One mod No/100 Dollars($1.00),to them in hand paid by the said party of the locoed port, • the receipt whereof is hereby acknowledged,does Coot to egad party of the sewed port an Easement in perpetuity for drainage end to perery storage of surface water as well as for walkway mad recreational purposes and for no other purpooas In end • over the following described property situated in the County of lieawpin and State of Minnesota,to vit: The portions of Lots 1,2 end 3 of block 1 rod Lot 1 of Sleek 2 designated as drainage'easement on the Plat of Edenwele Industrial Park located in Section 9,Township 116,Range 22. Such asseeseta grants the privilege to eater unto each easaeat arec to the general public for recreational purposes and grants the Village of Eden Prairie end the Purgatory Creek Drainage District its succeaeees end assigns to the.right of entry for performance of construction or emiatanaate of drainage facilities. Pro excavating, filling or use of this property for ether than recreational or drainage von may be made without the eoprsaaad coneeut'of the Village of Eden Prairie. • IN TESTIMONY ighfREOP,The said first party has caused this easement to be executed in its corporate name by Ito President and Its Vita Prsident and its corporate seal to bra hereato affixed the day and year first above written. In Presence of ERNE LAND COSPOPATIOS ST Presideot SY rite President / -'7 Page 1 of 2 ~ Corporation to Corporation 'RATS OF MLNNESOTA ) ) ss. COUNTY OF IMMIX ) • On this_24th day of Seotexnbex ,19 71 .before a Notary Public.within and for said County.personally appeared Donald A.Peterson and 'W.J. Sim,Jr. ,to me pereaally known.who,being each by me duly morn,did coy that they are r.spactiwaly the President and the Vico President of the corporation eased in the foregoing instrument end that the seal affixed to mid instrument Ls the corporate seal of said corporation,and that said instrument was signed and reeled in behalf of said corporation by authority of its Board of Directors and acid President end Viso President scknowladged said!nett-meat to be the free act and deed of said corporation. I�I (Notarial Seal) •,t • /07 Page 2 of 2 r.. serr • • • RIP/and 1/21/76 ORDINANCE NO.294. CITY OF EDS11 PSALRIP. NEPNEPIN count,NEN8E902A. AN ORDINANCS R8IATLIC TO 20NING ANO AMENDING ORDINANCE NO. 135. 'DIE CM COUNCIL OF THE CITY OF EDE1 PRAIRIE DOES ORDAIN AS FOL..: Section 1. Appendta A of Ordinance No. 135 is amended by adding to Section 10,Toenahip 116,Range 22 as follows: • Lots 1,2 end 3,Stock 1,gdenwele industrial Perk. • r of t qUartat ofsSectiont part n10.f Tamship11thwest 6,eRae.at22 8 d oeripbed as follows: Commencing at the Southeast corner of Lot 3, Stock 1,fdonv+le Industrial Perk, thence North 860{40' • 14"Rost 650 feet to the point of beginning of tho and co ha dewrtbad tkenu Sooth 20 36' 26"Rest 220 feat feet to potetdl98'feat Ifrroo rhhoo point of bbeegienning.220 which property shall be and hereby Li removed from I-2 Industrial Park sone sad shall be included hereafter to the Cem.- ciel District sour. . _ Section 2. The above described property shall be*abject to the taw sad conditions of that certain stoning agrees..dated Ja0wry--, 1976. entered Into between Edenvale, lob.end the City of Eden Prairie,which •,t agreement is hereby srde+part hereof and shall further be subject to all of the ordinautu,slaw and regulations of the City relating to suck C. Commercial Districts. SacNoa 3. This ordinance bac0mes effective from and after its pasasge sod publication. FIRST READ at a regular treating of the City Council of the City of Wen Prairie this 2nd day of September, 1975,and finally read and adopted and • • • • • YSP/sad 1/21/76 .• M T. .. • ordered pebliehod at a regular meeting of the City Council of said City on the day of . 1976. Mayor • ATyg6Tt John.D.Fran,City Clerk Published In the Plea Prairie Sava co the day of February.1976. • • t 1460 •2. • • NOP/end 1/21/76 . }R.-ZONING AGREEMENT TUTS men err.Made and entered into in triplicate this day of • January, 1976.by and between EDffii0A1.E, INC.,a Minnesota morporetion, hereinafter referred to as"Qmer",and the CITY OP EMI PRAIRIE,a municipal corporation of the State of Mineaeou,hereleaftar referred to as 50RRAS,Owner has requested the City Connell of the City of Eden Prairie to eienge the toning of a tract of land from District I.2 Industrial Park to Coro-Commercial(C.Com)for an area to be known se Weasels Family Riereatioo • Center. Sold Center skull consist of approximately 21 scree,sod is legally described se follows: • lets 1,2 and 3, Block 1,[deftest*Industrial Park. That part of Southmwst Quarter of the Ssuthuset Quarter of Section 10,Township 116,Range 22,described as follows: Commencing at the Beatlwet corner of lot 3. Block 1,tdeooale loduerrtal Park, thence North 860 40' 14"Wet 650 feet to the point of beginning of the laud to he described thence South 20 56' 26"Nut 220 feet thence North 86a 40' 14"Soot 198 feet, thence South 220 • feet to a point 196 feet from the point of beginning. and iMREAS,It le believed that rezoning of said area to C.Com will be is the public's interest,welfare and convenience of the people of the City of Eden Prairie; and t MMUS,Omer agrees to develop the aforementioned property ee a family • recreation center In consideration of the City's<banging of the nening of maid property to C.Cea.and the Omer further agrees as a part of acid consideration to lay out,develop and mai:tale the area so retorted in accordance with the development plan dazed June 14, 1975,marked Exhibit A which is atte<hed hereto and made a part hereof. NOV:81l8ElOiE,THIS AGREEMENT NITNR68YR,That for and to 0000ideration • • • • WRP/aad 1/21/76 of the City Council of the City adopting an ordinance changing the coning from 1-2 Industrial to C.Cm.and of the mutual benefits to omit of the parties hereto, the parties,their respective successors and assigns,de hereby covenant and agree as follow: Caner agrees to develop said property in accordance with the architectural and landscaping plans submitted to the City Staff mod the City Planning C®lesion,subject to the following conditions: 1. That because the project encroaches ea the conservancy sone and occurs entirely within the transition none of Purgatory Creak. extensive natural planting of the East facing earthbnks and extensive landscaping of the East side of the building should be done to sitigate the adverse vtsusl impact of chin prefect on the Purgatory Creek corridor. T. That the area as shown on Exhibit A lying Easterly of the parking let,be conveyed to the City free and clear as a part of the Purgatory Creek conservancy and floodplain area as listed in the September 11, 1975 Parks Recreation Natural Resources Report. (It :should be noted that Ednvele, lee.has heretofore granted to the City ea open space eaaament on substantially the same property.) 3. That the Caner shell,prior to making any further improvement.on said property,develop cod furnish to the City the following: a) A pedestrian/bicycle system in accordance with Staff Reports. b) A comprehensive slgnage program. c) A comprehensive landscaping plan. 4. That the siltation basin and other aspects of ester quality manage- went meat the requirements of the Riley-Purgatory Creek Wtersbed District. 5. That a grading and laud alteration permit be obtained from the Riley- Purgatory Creek watershed District. 6. That all sanitary sewer,wear min end atom.sewer facilities,ooacrete curb and gutter and bituminous aurfuieg whether to be public cc private, *hell be designed to City Standards by a Registered Professional Civil Engioecr and submitted to the City Engineer for approval. The developer,through his engineer, shall provide for competent daily • inspection of all street end utility construction, both public and privets. As-built drawings with service and valve tins on reproducable mylar and certificates of completion and compliance with specifications shall also be delivered to the City Engineer. Tha developer also agrees to pay all ff'eg'es far City taglsearing and y/ -2- • • • wNp/.ed 1/21/76 and administrative services consistent with correct City requirements. City end property owners agree:', 1. That the property comply shell l applicable regulations, rdisances end laws of the City of Ed Prairie. 2. That the provisions of this Agreement shell be binding upon and en[orcesb`e againstOwner.itpsiccivsessorshsles•ad sucesesocs,and all and*seisms, sobtegapn • • of the property herein described. S. That an executed copy of this Agreement shall be recorded with the Register of Deeds or the Registrar of Titles for the County of Hennepin and State of Minnesota. 4. That if Owner foils t with!a eighteen(18)tmonths from the dateo proceed in hereof,with COoeer willhis Anot appose a masoning of said property. IN WITNESS NloREOP,the parties to this agrsmeeDt have caused their presents to be executed the day and year aforesaid. • CITE OF EDQI PRAIRIE,a Municipal Corporation of the State of illnnpota (SEAL)• Its Mayor . Sy Its Manager =D8M ALE,DIC. (SEAL) Its President gy - to Sesratary STATE CO MINNESOTA) )ea. m COUNTY OP RENNEPIN) The foregoing instrument was acknowledged before me this_dey of 163 WHP/azd 1/21/76 ORDINANCE NO. 294. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1, Appendix A of Ordinance No. 135 is amended by adding to Section 10, Township 116, Range 22 as follows: Lots 1, 2 and 3, Block 1, Edenvale Industrial Park. That part of Southwest Quarter of the Southwest Quarter of Section 10, Township 116, Range 22, described as follows: Commencing at the Southwest corner of Lot 3, Block 1, Edenvale Industrial Park, thence North 86° 40' . 14" West 650 feet to the point of beginning of the land to be described thence South 2°, 56' 26" West 220 feet thence North 86° 40' 14" West 198 feet, thence South 220 feet to a point 198 feet from the point of beginning. which property shall be and hereby is removed from 1-2 Industrial Park zone and shall be included hereafter in the Com.-Commercial District zone. Section 2. The above described property shall be subject to the terms and conditions of that certain rezoning agreement dated January , 1976, entered into between Edenvale, Inc. and the City of Eden Prairie, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such C- Commercial Districts. Section 3. This ordinance becomes effective from and after its passage and publication. • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 2nd day of September, 1975, and finally read and adopted and . /G59 WHP/azd 1/21/76 ordered published at a regular meeting of the City Council of said City on the day of , 1976. Mayor ATTEST: John D. Frane, City Clerk • Published in the Eden Prairie News on the • day of February, 1976. 1460 - 2 - WHP/azd 1/21/76 RE - ZONING AGREEMENT THIS AGREEMENT, Made and entered into in triplicate this day of January, 1976, by and between EDENVALE, INC., a Minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota, hereinafter referred to as "City", WHEREAS, Owner has requested the City Council of the City of Eden Prairie to change the zoning of a tract of land from District I-2 Industrial Park to Com-Commercial (C.Com) for an area to be known as Edenvale Family Recreation Center. Said Center shall consist of approximately 21 acres, and is legally described as follows: Lots 1, 2 and 3, Block 1, Edenvale Industrial Park. That part of Southwest Quarter of the Southwest Quarter of Section 10, Township 116, Range 22, described as foLows: Commencing at the Southwest corner of Lot 3, Block 1, Edenvale Industrial Park, thence North 86° 40' 14" West 650 feet to the point of beginning of the land to be described, thence South 2° 56' 26" West 220 feet thence North 86° 40' 14" West 198 feet, thence South 220 feet to a point 198 feet from the point of beginning. and WHEREAS, It is believed that rezoning of said area to C.Com will be in the.public's interest, welfare and convenience of the people of the City of Eden Prairie; and WHEREAS, Owner agrees to develop the aforementioned property as a family recreation center in consideration of the City's changing of the zoning of said property to C.Com. and the Owner further agrees as a part of said consideration to lay out, develop and maintain the area so rezoned in accordance with the development plan dated June 14, 1975, marked Exhibit A which is attached hereto and made a part hereof. NOW THEREFORE, THIS AGREEMENT WITNESSETH, That for and in consideration /61l WHP/azd 1/21/76 of the City Council of the City adopting an ordinance changing the zoning from I-2 Industrial t9 C•Cam• and of the mutual benefits to each of the parties hereto, the parties, their respective successors and assigns, do hereby covenant and agree as follows: e th he Owner agrees to develop sai torty thein CitycStaffcandithetCityrPlanningral and landscaping plans Commission, subject to the following conditions: 1. That because the project encroaches on the conservancy zone and occurs entirely within the transition zone of Purgatory Creek, extensive natural planting of the East facing earthbanks and extensive landscaping of the East side of the building should be done to mitigate the adverse visual impact of this project on the Purgatory Creek corridor. 2. That the area as shown on Exhibit A lying Easterlyof t thef tparking lot, be conveyed to the City free and clear as a pa Purgatory Creek conservancy and floodplain area as listed inn.the It September 11, 1975 Parks Recreation Natural Resources Repo should be noted that Edenvale, Inc. has heretofore granted tothe City an open space easement on substantially the same property,) 3. That the Owner shall, prior to making any further improvements on said property, develop and furnish to the City the following: a) A pedestrian/bicycle system in accordance with Staff Reports. b) A comprehensive signage program. c) A comprehensive landscaping plan. 4. That the siltation basin and other aspects of water quality manage- ment meet the requirements of the Riley-Purgatory Creek Watershed District. 5. That a grading and land alteration permit be obtained from the Riley- Purgatory Creek Watershed District. 6. That all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private, shall be designed to City Standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent aily ily inspection of all street and utility construction, both public private. As-built drawings with service and valve ties on reproducable mylar and certificates of completion and compliance with specifications shall also be delivered to the City Engineer. The developer also agrees to pay all fees for City Engineering and IG62 _ 2 - _ 1 WHP/azd 1/21/76 and administrative services consistent with current City requirements. City and property owners agree: • 1. That the property owners shall comply with all applicable rules, regulations, ordinances and laws of the City of Eden Prairie. 2. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns, and all subsequent owners, their respective heirs, successors and assigns, of the property herein described. 3. That an executed copy of this Agreement shall be recorded with the Register of Deeds or the Registrar of Titles for the County of Hennepin and State of Minnesota. 4. That. if Owner fails to proceed in accordance with this Agreement within eighteen (18) months from the date hereof, Owner will not oppose a rezoning of said property. IN WITNESS WHEREOF, the parties to this agreement have caused their presents•to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a Municipal Corporation of the State of Minnesota ( SEAL ) By Its Mayor By Its Manager EDENVALE, INC. ( SEAL ) By • Its President By Its Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this day of - 3 - WHP/azd 1/21/76 I • , 1976, by the Mayor and by the City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public, Hennepin County, Minn. My Commission Expires: STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of • , 1976, by and the President and the Secretary of Edenvale, Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public, Hennepin County, Minn. My Commission Expires: • MEMO ' TO: Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager • FROM: Carl Jullie, City Engineer DATE: January 23, 1976 SUBJECT: Preliminary Road Alignments for the Area West of Baker Road and North of Valley View Road, I.C. 51-273 On Nov. 12, 1975, the City Council received a report by RCM Assoc., Inc., outlining four alternates for the extension of Forest Hill Road from the • Edenvale 6th Addition east to Baker Road. Following review and discussion, the Council directed the staff to prepare a conceptual plan for a complete road system to serve the general area west of Baker Road. The following drawings show the four alternates which we have reviewed. The recommended road plan is Alternate A for the following reasons: 1. Provides direct access from Golf View Dr. to Baker Road via Forest Hill Road along a partially existing R/W. 1 2. Fits existing topography reasonably well. 3. The roadways and possible walkways provide good local ped- estrian access to Forest Hills school to the north and the future Edenvale shopping and recreational facilities to • the southwest. 4. Good intersection spacing along Baker Road. 5. Very little thru-traffic would result on Theresa Place. We understand that in the near future a prelir..Jnary plat will be submitted for several residential lots abutting Forest Hill Road, east of Edenvale 6th Addition. If this plat is approved, Forest Hill Road should be ex- tended to Baker Road so as to not cause additional traffic on Golf View . Drive and Kingston Drive in the King's Forest area. The other roadways under•Alternate A could be constructed as needed when additional platting abutting those streets is requested. Staging of the Forest Hill Road extension could include a complete street with curb and gutter where utilities are available. The remaining length (approximately 900') could be constructed with a temporary surface until additional platting and utility installations occur. • ICG5 _ 2 - Some regrading of County Road 60 would be necessary under Alternate A • at an estimated cost of $5,000 to $7,000. Perhaps Hennepin County or City MSA funds could be used to help defray all or sane of this extra cost. RECOMMENDATION It is recommended that the City Council receive this report and direct the staff to forward same to the Planning and Zoning Commission for their use when reviewing any proposed plattings within the study area. CJJ:kh ' attachment January 27, 1976 i AGREEMENT NO. ETA ENTERED CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Resolution No. 1083 A RESOLUTION FOR 1976 TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT BE IT RESOLVED, that pursuant to statutory authority, the City Engineer for and on behalf of the City of Eden Prairie is hereby authorized to request and obtain from the Minnesota Department of Highways, needed engineering and technical services during the year of 1976, for which payment will be made by the City of Eden Prairie upon receipt of verified claims from the Commmissioner of Highways. ADOPTED by the City Council of the City of Eden Prairie on • • Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk . i /67/ MHD No. 30780 (II/74) STATE OF MiNNESOTA • DEPARTMENT OF HIGHWAYS TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered Into by and between the State of Minnesota acting Through its Commissioner of Highways, hereinafter referred to as the "State", and The County or City of hereinafter referred to as The "User", WITNESSETH: WHEREAS, the User, as evidenced by Resolution, a.copy of which is attached hereto and made a part hereof as Exhibit A, does hereby request the State to furnish from time to time as needed and specifically requested, technical and engineering assistance pursuant to M.S. 161.39; and WHEREAS, The State is authorized to provide technical and engineering assistance to other road authorities by M.S. 161.39, and is willing to do so; NOW, THEREFORE, it is mutually agreed by the parties hereto that: • I. The State shall, upon written request by the User, provide technical and'engineering assistance and such other services as authorized by M.S. 161.39. • 2. The State shall keep a record of its costs and expenses, including overhead costs, In providing assistance and services to The User pursuant to Paragraph 1 above, and shall prepare an Itemized statement thereof showing the amount due hereunder and submit the same to the User on a (monthly) (annual) basis. 3. The User agrees to pay to the Trunk Highway Fund of the State of Minnesota A. all monies due hereunder and as shown by the invoices .or statements submitted to The User, within 30 days after such submission. Page No. I 1 IN WITNESS WHEREOF, the State and the User have caused these presents to be executed by their respective officers. COUNTY - CITY OF STATE OF MINNESOTA • • By By (Chairman or President) Commissioner of Highways I By (Auditor or City Clerk) (State Aid Engineer) Date Date (Corporate Seal) Approved as to form and execution: • ZKssistant Attorney General) • • • • Page No. 2 ' /('23 January 27, 1976 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Resolution NO. 1085 A RESOLUTION FOR 1976 MHD AGENCY AGREEMENT BE IT RESOLVED, that pursuant to Section 161.36, Subdivision 1 ' through 6, Minnesota Statutes, Frank D. Marzitelli, the Commissioner of Highways be appointed as agent of the City of Eden Prairie to let as its agent, contracts for the construction of portions of City streets for the year 1976, and the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Highways prescribing the terms and conditions of such contracts in the form as set forth and'contained in "Minnesota Department of Highways Agency Contract Form No. 30774" a copy of which said form was before the Council, assuming on behalf of the City all of the contractual obligations therein contained. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor • • ATTEST: SEAL • John D. Franc, Clerk WO 30774 (Revised 11/75) • MINNESOTA DEPARTMENT OF HIGHWAYS • • AGENCY CONTRACT • • This Agreement made and entered into by and between the City • of hereinafter referred to as the "City" and • the Commissioner of Highways of the State of Minnesota hereinafter referred • • to as the "Commissioner", WITNESSETH: • WHEREAS, pursuant to M.S. 161.36 the City of • desires the Commissioner to act as its agent for the purposes of that statute In accepting federal aid on the cities behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and .condition of the agency be set forth in an agreement: • NOW, THEN, IT IS AGREED: - 1 - • That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner Its agent with respect to all federally funded projects to be let during the 19 calendar year, to accept and receive ail Federal funds made available for said projects and to let contracts pursuant to law . for the construction and improvement of City streets. Each project to be covered by this agreement shall be programmed by the submission to the Commissioner of a programming form together with a certified copy of the resolution of the City Council requesting the ConmIssioner to obtain federal approval for the pro,;oct(s). Page No. 1 11'75 • . Each contract will be in accordance with plans and special . • provisions for said projects on file In the Department of Highways, State Highway Buiiding, St. Paul, Minnesota 55155, and Minnesota Department of Highways, Standard Specifications for Highway Construction dated and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by' reference as though fully set forth herein. in the letting of said contract, it is hereby agreed that the following procedure shall be followed, to-wit: (a) The Commissioner of Highways shall cause the advertisements cailing for bids on said work to be published In the Construction Bulletin. • He shall also cause advertisements for bids to be published in the officially designated newspaper of the City, which said local newpaper Is hereby designated by the City to be the published • at . Said advertisement or tali for bids shall specify that sealed proposals or bids will be received by the City • • Clerk of on behalf of the Commissioner of Highways as agent of said City. Proposals, plans and specifications shall be available for the inspection of prospective bidders at the office of the Department of Highways, St. Paul, Minnesota 55155, and at the office of said City Clerk and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the Commissioner of Highways by a District Engineer of the Department of Highways or such other engineer of the Department of Highways as may be from time to time seteciod by the Co miss loner. After said bids shall have been opened, the • • Page Ho. 2 IC-) ' • • City Council of the City of shall first consider the same and thereupon transmit to the Commissioner of Highways all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. • Upon receipt of all said bids, the Commissioner of Highways shall duly cause all of said bids to be tabulated in accordance with law and shail thereupon determine who is the lowest responsible bidder or shall reject all bids. • (b) The Commissioner shall supervise and have charge of the • Construction of said projects after the same has been let. The City agrees to furnish its City Engineer or such other competent registered engineer and • assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner of Highways. The City further agrees to furnish such other men, services, supplies and equipment as shall be necessary In order to properly supervise and carry on said work. • (c) The Commissioner may make such changes in the plans or the • character of the work as shall be recommended by the engineer in charge of the work. if he concurs in such recommendations, the Commissioner may enter Into for and on behalf of the City supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. • ft Is,contemplated by the City that the Commissioner of Highways cannot personally investigate and pass judgment on the various items of extra work and plan changes necessary and desirablo during the construction of the projects but that he must delegate such duties to engineers under his sppervtsic+n and control that are omipioyod bry}the Department of Highways. /ti Page No. 3 The City does hereby authorize these engineers, so delegated by the Commissioner of Highways, acting under the general supervision of the Commissioner of Highways to enter Into for and on behalf of the City the supplemental agreements specified in the preceding paragraph hereof. • (d) The City hereby authorizes Its City Engineer for and on behalf of the City to, from time to time, during the progress of the work on said projects, request the Commissioner of Highways to furnish for use on said projects specific engineering services to be performed by skilled employees of the Department of Highways. The Commissioner may but is not obligated to furnish the services so requested. if the Commissioner of Highways in compliance with such request shall furnish for the use of the City on said projects the services of any Minnesota Department of Highways employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such • services. • (e) The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as Federal Aid funds, for said projects and to pay therefrom when due any and ail sums that may become due the contractor to whom the contract Is awarded, and upon final completion and acceptance of the work, io pay from said funds the final estimate to said contractor for said work. • Cf) 'Th© Commissioner shall perform on behalf of the City ail other acts and things necessary to•cause sal&projects to be compieted In a satisfactory manner. • I • Page No. 4 / Th .•. • (g) The Commissioner may enter Into any agreement for and on behalf of the City with the United States or any officer or agent thereof . that may be required or necessary for the purpose of procuring and actually causing to be paid the Federal Aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation Issued by competent federal authority pertaining thereto necessary for the purpose of procuring and having paid the Federal-Aid available for said projects. (h) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation Issued by proper federal authority in • order to cause said projects to be completed and to obtain and receive the Federal-Aid made available therefor. • 2 - The City agrees that it will from time to time, after the execution of these presents to make such reports, keep such records and perform such work to such manner and time as the Commissioner of Highways shalt from time to time request and direct so as to enable the Commissioner as its agent to collect for It the Federal-Aid sought. Said records and reports shall be retained by the city in accordance with the Commissioner of Highways record retention schedule for Federal Aid projects. 3 It Is contemplated that the Federal Government will pay to the Commissioner of Highways as tt:;, agent of the City the Federal-Aid funds avaliablo to said City toward tiro construAtton of said projects. It Is Page No. 5 .1 • further contemplated That the contracts to be let by the Commissioner as the agent of the City for the construction of said projects shall provide that the contractor, as the work progresses, stiaii,fro^ time to time, be paid partial payments designated,ln said contract as partial estimates and on The completion and acceptance of said work to be paid a final payment . designated in said contract as a final estimate for all work performed. The City agrees to deposit with the Commissioner of Highways a sum equal to ninety (90) percent of the City share of each contract obligation, to be used In paying the City share of the partial estimates and for advancing the federal share of such estimate payments. Upon determination of the final costs on each contract, The City wilt be . requested to deposit the remaining share of their obligation pursuant to the terms of the contracts let for and on behalf of the City for the construction of said contracts. At regular monthly intervals after the contractors shall have started work under the contracts let by the Conmissloner as agent for the City for the construction of said projects, the engineer duly assigned to and in charge of said work shall prepare a partial estimate In accordance erith the -terms of said contracts let for said projects and the procedures established by the Office of Contract Administration. i The said engineer in charge of said work shall immediately after preparing • each partial estimate, transmit the same to the Commissioner in quintupticate. Each such partial estimate, shall be duly certified by the engineer in charge and by the contractor performing such work. The said engineer duly assigned to and In charge of said work shall also prepare and submit to the Office of Contract Administration the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimates • Page No. 6 kg) • shall be documented in accordance with the guidelines set forth in the applicable.documentation manual. In addition to said foregoing partial estimate payments the City agrees to pay to the Commissioner that amount which will be sufficient together with the Federal funds actually allowed and received to pay the final estimate after The same has been prepared and submitted to the Commissioner, approved by the District Engineer or his assistant. The foregoing provisions as to the time and amounts of particular payments shall in no way limit or qualify the City's obligation to pay all of the cost of said projects not paid by way of federal funds. When The contractor shall have completed the work on said projects, the City agrees to Inspect the same and forthwith upon the completion of said inspection advise the Commissioner of Highways whether or not the work performed should be, by the Commissioner of Highways as its agent, accepted as being performed in a satisfactory manner. In the event the City should,' after said inspection, recommend to the Commissioner of Highways that he should not accept said work, then the City shall at the time such • recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. it Is further agreed That any recommendations made by the City are not binding on The Commissioner of Highways but that he shall have the right to determine whether or not the work has bean occepiably performed and to accept or reject The work performed under any said contract. • It is further agreed That the decision of the Commissioner of iighways on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. • • Page /Ho. 7 • lfOUr - 6 - it is contemplated that the entire cost of said projects is to be paid from funds made available by the United States, by way of Federal-Aid, and by the City. If for any reason the United States fails to pay any part of the cost or expense of said projects, then and in that event the City agrees to pay the same. The City further agrees to pay any and all claims or demands of any kind or nature whatsoever arising out of or Incidental to the performance of the work under any contract let for said projects in the event that the Federal Government does not pay the same,'end In ail events, agrees to save-the State of Minnesota and the Commissioner harmless and to pay any and all expenses and costs connected with said projects or the con- struction thereof which the Federal Government does not pay. - 7 - The City further agrees that 1) Where there Is Federal-aid Insight-of-way -- The City will meet the requirements contained in the Federal Aid Highway Program Manual Volume 7. Note: If there is Federal-aid Just in relocation, the contract discussed in Chapter 5, Section i,•Paragraph 10C, must be executed. 2) Where there is Federal•-aid' in construction only -- The City will meet the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 together with FHWA regulations Implementing Title 11 of the Act on relocation (Fl-iF1 Volume 7, Chapter 5); and Federal Aid Hight:ay Program Manual Volume 7, Chapter I, Section 4, Paragraph 5A pertaining to civil rights. - 8 - The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance horewith. Page No. 8 16V- • r DATE • CITY OF • RECOMMENDED FOR APPROVAL BY. Mayor • Attest: ' State Aid Engineer �7ate City Clerk • APPROVED AS TO FORM AND EXECUTION: STATE OF MINNESOTA BY Commissioner of Highways DATE DATE . . (Submit In Duplicate) (SEAL) • • • Page No. 9 • • /603 . January 27, 1976 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • • Resolution No. 1084 A RESOLUTION ADDRESSED TO THE STATE COMMISSIONER OF HIGHWAYS REQUESTING A 40 MPH SPEED LIMIT ON SCHOONER BLVD. BE IT RESOLVED by the Eden Prairie City Council that, pursuant to Minnesota Statute 169.14, the City of Eden Prairie herein requests the State Commissioner of Highways to authorize posting of a 40 MPH speed limit on Schooner Blvd. (formerly Ring Road) from T.H. 169 to W.78th Street along the perimeter of the Eden Prairie Center Addition. ADOPTED by the City Council of the City of Eden Prairie on • • Wolfgang H. Fenzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • • • • IG$y STAFF REPORT: Valley View Road Pedestrian/Bicycle Sidewalk Feasibility Study TO: City Council FROM: Chris Enger, Assistant to Parks, Recreation, Planning & Building THRU: Roger Ulstad, City Manager Dick Putnam, Director of Planning Marty Jessen, Director of Community Services DATE: January 22, 1976 BACKGROUND INFORMATION • The first public hearing on applying for C.D. funds based upon a sidewalk along Valley View Road was February 25, 1975. At the second public hearing on April 1, 1975, through Res. 969, the City Council instructed the City Staff to prepare detailed studies of the Pedestrian & Bicycle Sidewalk and to apply for funding of it from Community Development, through Hennepin County. We were made eligible for funding of this project after submitting an Environ- mental Assessment on the impact of the project on the Community. A state- ment of no significant environmental impact was published in the Eden Prairie Sun on September 18, 1975. CURRENT STATUS Since that time, the staff has been awaiting the Feasibility Study for the Improvement of Valley View Road, in which consideration was given to the pedestrian & bicycle sidewalk. The road feasibility study shows a number of different alternatives for replacing the railroad bridge, all of which are relatively expensive. SIDEWALK FEASIBILITY After studying the plan and profile proposed in the Valley View Feasibility Study it appear!' any pathway constructed prior to the construction of the road within the R.O.W. would have to be replaced at the time of road construction. This is the case because of the general amount of cutting and filling required for rood construction. Therefore, if it is possible that the road will be built in its entirety within two years, it may be desirable to try and reallocate the $19,600 (1975 allotment) from Community Development to some other project this year and to wait one or two years and put the sidewalk in with the road. ) /0 G- i. i \ I Ji a � �j I,, ',t Lam! i, '1 : i ''''''' ...;.,C. ,,, . , ,.',....Cra .,;:',:'.: 1 ,...ii, , 1 ::,..,, :,,..,::t:„. c., v,,,,..s.ii,..,2,..t.-_,... — _ it.___J___.„_:..... ,, ,, o �6\ 17 j F I 1 •�:r `}Et° _ 11 • .__-:rf jj .._C _Lam---,-J,:--,— E I I ..- y,.. • 'I. 7 'J , ,6,. ...... , + 1. ` _�- it W ��-�""'�1j( ,. "i 1 ; ,+r" "a err / .¢—..� _ Lam--tea—•• j . . .`*fit.‘,� 1 6 •.t, t .,_......7!:..tI ....., Liz.,. ji, _. 7'.i•-:•::...„.1.i‘1.1.0,-.,.::.i.,.;....,..,......Tr,r, . ;I‘;‘ ; I / . . /".'rt;,v., -'„..m... . . .. • I 1. r ' ram` ,.•._ __:___ i -• 1 .. 1 •• 11 `. e 1 1 1 • I: tel:. ... 11 �i- �,,,, ��.,-,_---=''� -'j' ...... 1 • • - 1 -...i:,....... A - , i C.�..... i tit• _'*1.,,"'r•,�',1- •TRAM .GMFNTS-O---O 1 •" t n,:,.1.•-..r.t.� arks,schools- CS<r.*et Oft F:w1DENTIAL- -Z . •°v:. • • -2- However, if the road improvement is to be delayed from 5 to 10 years, the need for a safe, separate, pedestrian/bicycle sidewalk will become even more acute. If the is the case, the staff would recommend putting in the sidewalk this year in such a way that much of it could be saved when road construction begins. The staff has done a feasibility study of the Valley View Route and has developed six different alternatives to try and accomplish the original Bikeway/Bikeway intent and the Council's April 1, 1975 direction. ALTTERNATIVE 1. HILLCREST STREET ROUTE This route would begin on the west side of the underpass under Edenvale Blvd. and proceed west across the north end of the School/Park Site, north along Purgatory Creek until the creek would be crossed at the end of North Hillcrest Court. All of this first section would be eight feet wide blacktop. The pedestrians and bicycles would then travel west in the road on North Hillcrest Court to South Hillcrest Court to Co. Road 4. At Co. Rood 4 a separate eight feet wide blacktop path would be constructed south to a crossing point at Valley View Road. • ALTERNATIVE 2. HILLCREST STREET/SIDEWALK ROUTE This route is identical to Alternative 1 except that a four foot wide pedestrian sidewalk would be constructed separate from the road but in the R.O.W. to get the pedestrians out of the street. ALTERNATIVE 3. NORTH FLOODPLAIN ROUTE An eight foot wide asphalt path would be constructed from the Edenvale Blvd. west across the Purgatory Creek Floodplain directly south of the Hillcrest Courts lots to Edenwood Drive. Then in the street through Edenwood Drive and Augusta Lane, then west to Co. Road 4 on an eight foot asphalt path, then south on a path to the Valley View Road, Co. Road 4 crossing point. ALTERNATIVE 4. FLOODPLAIN ROUTE This route is identical to Alternative 3 except that the path goes directly through the center of the Purgatory Creek Floodplain. ALTERNATIVE 5. VALLEY VIEW ROAD ROUTE This was the route originally concieved of by the Hikeway/Bikeway Task Force and City Council. It would run on the north side of Valley View Road west from Edenvale Blvd. /a7 -3- Because of the impending improvement of Valley View Road, the eight foot wide asphalt widewalk could be constructed contiguous to the road surface • for the length of the new surfacing put in a couple of years ago. This would be about 2300' from Co. Road 4 on toward the east. The sidewalk should be elevated the height of a curb to physically protect the bicyclists and pedestrians from the ce'rs. At approximately the end of the new construction on the road (about halfway to Edenvale Blvd.) the pathway would swing outside of the R.O.W. and con- tinue on to Edenvale Blvd. • This detail of design does a number of things: 1. Provides a safe (from cars and crime)way for pedestrians and bicyclists to get from; Edenvale, Briarhill, Forest Hills, Estherhills; to the Little Red Store, The Hennepin County Library Immanuel Lutheran Church, Round Lake, Prairie View Elementary School, future Eagle Enterprises Community Commercial, and the future Round Lake High School location. This is the most direct route of any of the alternatives. 2. The half of the sidewalk which is out of the R.O.W. will be a permanent link in the East/West collector trail stretching from the Round Lake Community Center Area to the Major Center Area. 3. The pathway contiguous to the roadway from Co. Roed 4 east along Valley View for 2300' would limit the amount of impact on adjacent houses until the road improvement project was ordered in. ALTERNATIVE 6. WESTGATE ROUTE This route would utilize the same approach as alternative 5 from Edenvale Blvd. until the location of the platted Westgate Blvd. is reached. At that location, an at grade crossing of Valley View Road would be necessary. Construction of an eight foot wide pathway would continue in the R.O.W. of Westgate Blvd. to Westgate Drive. Upon reaching the paved portion of Westgate Drive, the separate pathway would end and pedestrians end bicyclists would use the street. ALTERNATIVE RATINGS In order to compare the merits and drawbacks of the alternatives, the following matrix and rating system was developed. The criteria relating to sidewalks from the Hikeway/Bikeway Task Force occur down the left side of the matrix and each of these criteria is given an import- ance rating as to how they compare with the other criteria in order of importance. 1 . . . , •,.. _ . j i''....::.iv..:-.1.. '..-:' -7-s,:...:\;c44/ • 1 , • 7C s .. ••.,0„.• • ..•',.- '' • .1. •' . • .,,, ' I ..; • °•::,1•N•,' • •III . . , • ..i".12'.:,.....';‘,.,....:...,.. . . • 1 ' .1,":1:1"...1:.:;!•,.. -o• ; , i . I i I . J i r . 1 441 0 o•ay .• 1 I 1 t ' i ctpizyr, . . i 014. '4,14. 11 1kt . 4., ••••e$ , ,t______ _____=t.._..,..ati ,.._.. ...,Sc..,g4. 4.., _____ . 'k.-• .11'. ; . .--, ,..,, • --)1 .•tig 5/,'• -'' •:..VEMCCUNTY`titIAIT KAT..G.,9 . to, 1.....:7-71,4te MO. -...j '1•,:,COW,.:,••,•/NY KAT NO,3 I,....7 J67.1>, '4 V ...i.t...4.. : :'..e. .VA j .,‘x-.•;.rt•..... . i:. i , si % , - : ..••' I !:::. ' ... . - , ... •Ct . f", , •1 . :. - • 'I " - ; A/ ....... " I .. ........,....,_ .V.6,,„ .•- ... l• . ' . •':.C."" ,6:1.;,` 7:- • •'s 7 ---- •' .1:•": • .1. ...- .. ,.... I.; r.: -, 7:,......:.,s;6_," ...2.,c -. . 6a4'i -.- .i•'... -':.. , 4 , •!:-.-r it.-,. •• • .... .': . g'-:17—• •',•i•---, • • . : ----' -''. . . - • ' -.."•••:1-=. : •-• - • ..• - ..... ••••‘%.••.,t•L- • ':'. ' • •..' ., •r .,.:°-- •''.....},-t- .1.•, . ..,.i, ;`,'I ..:• r •-•!. -.,-:-.•.,... . ,... .,•:. •;14-'4•••••.,,- ... . _ ._. cp.* .',, -il, • ..- • "• .,-..s •... ...._-- '{-i-s.:. • • ' •...: ', '• 1 ;;;;.--; I I:- . .,..„r 1 \ . • ' \'..*. .11..'et':/...'.*.2'....... ,.. ‘,.'•' 1.i•;.: i It I' t".%. . .i,',.. °•' -.- ''''',. '.... i0'• ,,,', .-'• •—•",-;,1--1,,--*1.7 . ,--- .7 i • .o'.: •±. ,:41...V t°7 • -,„,,, . .i';, in —7 74.-- :.• 1 .'I. • .. , i••• 1 1 ::`.1 ... . ':,N. i * ‘ 0(•.''.•, ' ./:..ir.''.;... . 1 ..I.. I 1 . l'`. • . .. k • 1 , 1 . I,. I ,A•'''''7. • . • t 1 i I '!"-'':::'.t:t.V ''... • • • . II \ I ' "..'...-'..4.: \ 41,, • ....•. .....".. N ? i i,.....x .,. ..,.., , .. .. ..,‘ ...,..1 •• . . • • . ,„. • . • .<4. fi ,o 1 • ' 4 • i •. • I 1 i. 01 . ''.‹:,' ,.•i • i "t ., s..Z., •,..- • ..--**".• . ,, vk. • . . ;,., • f • i 1 • I ! I 1 ... . . .. itlk -------- . ..... .-s.........,•.t..„....0 n •• . • I • • . -4- The Alternatives are listed across the top of the matrix. Each Alternative is given a rating from I to 5 as to how they fit to each of the criteria. (l poor, 3 fair, 5 good). The criteria rating is then multiplied by the individual Alternative rating and these are tallied for each alternative. The Alternatives can then be compared on the basis of all of the criteria, how important each criteria is, and how each Alternative compares to the criteria. (The higher the total number, the better the Alternative). 1 1 . I Ii HILLCREST STREET HILLCREST STREET NORTH FLOOD FLOOD PLAIN VALLEY VIEW WES1OATE _T�.�. SIC+ AI.R PIA ROAD )0 ROUTE DIRECTIONS 3(30) 3(30) 4(40) 5 DO) 1 (10) _ 10 CITIZEN REACTION 1 (10) 0(0) 2(20) 5($0) 3(30) 3(30) 9 R.O.W.COSTS 5 (45) 5_(45) S(45) 5(45) 3(27) SS5) B SAFETY FROM CRIME S(40) 5(40) 2(16) 1 (8) 5(40) 3(24) 7 SEPARATE FROM ST. 0(0) 3(21) S(35) 5(35) 5(35) 3(21) I 5 SOILS 5 R5) 5(25) 1 (5) 1 (5) 4(20) 5(25) 5 TOPO 5 (2S) 3 DU (20) 4(20)- 3 05) 5(25) 5 CONSTRUCTION COST 5 (251 3 05) 0(0) 2(0) 1 (5) 4(20) ', ' . 200 191 17) 213 222 200 CONSTRUCTION COSTS The following chart is the end result of preliminary cost estimates for each of the Alternatives . Valley View Road was figured three ways to obtain different degrees of permancy in an attempt to cut costs. If was figured on an eight foot wide pathway built with no base material (except on very poor soils), with a two inch blacktop mat. The second way was an eight foot wide path with appropriate base material. The third way was 4" deep strength asphalt with base material where needed. Westgate was figured both with a 2" mat on appropriate base and 4" deep strength. For basis of comparision on the Alternate rating matrix, construction costs were all rated with 4" deep strength asphalt. . • jG(3V -5- CONSTRUCTION COST COMPARISONS OF ALTERNATIVES FOR VALLEY VIEW ROAD TRAIL Valley View Valley Valley Flood Hlllcrsst H111crest Westgate 2" Westgate4' Hlikrest. Limited Base View 2' View 4" Plato Street Street 6 Hold Sidewalk Plain . ASPHALT $4,500.00 54,500.00$9,000„58,900, $5,900. $9,400, $3,000, $7,600, $10,200. AGGRdTAfE $500.00 $4,300.00 $1,200. $8,000. ------ ------ $3,700. 81,200. 8 9,500. BASE $I±IMV $2,005.00 $2,000.00$2,000. 52,000. • 52,000. $2,000. $2,000. $2,000. $2,000. 11098OW $7 109.00 $6,700.00$7,500. EXCAVATION. 5400,00 900.00 700. 200. 200. 400. 800. 700. 200, SODDING $2,100.00 S2,100.00$2,100, 500. 800. $2,400. $1,800. 61.800. 500, SCNING 400.00 400.00 400. 500. 600. 600. 500, 500. 500. BRUSH ---- 200. 300. GRUBBING 517,000,00 S20,000.00522,000.20 330. $9.500. 314.800. S12.600. 613,800. $23.200. - PLUS 109E ENG 510,700.00 522.990.00525,190,22,330. 510,450, $16,280. S13,860. $18,180. S 7 8 6 1 4 2 3 CONCLUSION It appears from the Alternatives studied that the Valley View Road alignment is the number one Alternate. The staff will continue to research this part- icular Alternate and will be contacting the owners to determine if any Right of Way Conflicts exist. We will also contact Riley-Purgatory Creek Water- shed about the portion of the path within the Floodplain. These findings will be reported to you at the time of presentation of the Valley View Road Feasibility Study. Detailed topographic, soils, ownership, and construction cost information was used to compile this information and is available for examination if necessary. 16g1 MEMO TO: Mayor and Members of The City Council THRU: Roger Ulstad, City Manager • FROM: Marty Jessen, Director of Community Services )4,1 SUBJECT: Professional Services Agreement For Relocation Consultant DATE: Janu-ry 23, 1976 Attached is a short Contractual Agreement for Consultant Services in the relocation area. As you know, we are required under the law to provide services to property owners in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act. The manual and procedures ares for providing this service are complex and lengthy propositions. result and because the number of people whom we relocate in a year is very limited, I am suggesting that we enter into this services agreement with Dianne Luce under the terms and conditions as spelled out by it. We previously had a contract to provide these services with C. R. Pelton and Associates for whom Dianne Luce worked. She has since discontinued her association with that firm thus eliminating their ability to provide these services of? residential nature. Her work in the relocation efforts that therefore, have been accomplished to date has been most satisfactory and, I am suggesting that we continue to contract with her for these services. The hourly rate in the original Pelton Contract was $20.00 per hour as is the rate in the now proposed agreement. The City will be reimbursed by the Metropolitan Bonding Program for Relocation Assistance costs incurred i at Anderson, Riley and Bryant Lake. The Federal LAWCON Program and II State Natural Resources Program also provide for relocation as an eligible grant assistance item. As a result these professional services costs are not direct out of pocket costs to the City, but rather arc included in the land acquisition costs and as such are eligible for grant assistance. RECOMMENDATION I would recommend that the City Council authorize the staff to enter into the Professional Services Agreement as proposed. MJ:md /60) PROFESSIONAL SERVICES AGREEMENT Client: City of Eden Prairie Phone No. 941-2262 Address: 8950 Eden Prairie Road , Eden Prairie, Minnesota 55343 Services Ordered By: Position Dianne Luce agrees to provide the following services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended: 1. Advise the Client on residential relocation requirements and responsibilities. 2. Provide and complete necessary claim forms and documentation. 3. Inform persons being displaced of their rights and obligations. 4. Assist claimants in finding suitable, standard, and comparable replacement housing. The Client agrees to compensate Dianne Luce at the rate of $20.00 per hour and to reimburse Dianne Luce for the following expenses: This agreement may be terminated at any time by either Client or Dianne Luce by written notice,in which event Dianne Luce shall be compensated for all work completed to date of termination. CLIENT: DATE: DIANNE LUCE: DATE: 11293 MEMO TO: Mayor and Members of The City Council THRU: Roger Ulstad, City Manager FROM: Marty Jessen, Director of Community Services ,,, SUBJECT: Eden Prairie Bicentennial Activities DATE: January 23,.1976 As requested at the last meeting, I have contacted Mrs. Carol Hone, Chairperson for the Eden Prairie Bicentennial effort. She has advised me that the following items are under consideration by various groups in the community es Bicentennial Projects. ACTNITIES SPONSORING GROUP APPROXIMATE DATE 1. Townmeeting League of Women Voters May 1 at Vo-Tech School 2. Community Ministerial Association July 4 Worship Service 3. Indian History & Historical Society Has already occurredinschool Artifice mmer Su 4. Musical Unknown This Production 5. Calico Ball Community Club Unknown 6. Fourth of July Jaycees July 4 Celebration All of these activities are in various stages of development. The potential for integrating some of the activities,where appropriate,is being considered. Mrs. Hone does not feel that there will be any requirements for financial assistance from the City to carry out any of these projects. However, specific details as developed may yield some different results. I will be contacting representatives of these groups to see if any assistance,financiel or otherwise,can be provided to carry out these activities. We will also be submitting to the State Bicentennial Commission this list of activities end others that may occur so as to maintain our liaison and affiliation with them and the Hennepin County Bicentennial group. I���f 17� Stevan Linn&hnNent EDEN PRAIRIE ivi1RthdESOTA •Nrnhnnrrm A'Prirned INnk yrad•a,•rr �.•,"^.`.._•. - CMede,ReusMr.Vice Prate* (/ Faroe,O r lnm guy Tereidiser,Seamen, snrxvM o NaMo w Book Alden Wee,frenuren CHAMBER OF COMMERCE flpda bwomwOmoAm.. • Rabert Henson,Pest President Box 195 u.ann.unr.rrr.. Eden Mollie.Minnesota 55343 Telephone:(612)831-5097 January 15, 1976 Mr. Wolfgang Penzel • Mayor City of Eden Prairie • Eden Prairie, MN 55343 Dear Mr. Penzel: The Eden Prairie Chamber of Commerce welcomes this opportunity to interact constructively with the City Council and staff. Your cooperativeness is appreciated. The Chamber has gathered a significant body of information from its members concerning the Sign Ordinance. We put forward the following for your consideration: 1. The existing Sign Ordinance does not adequately meet the needs of the business community. Existing and future signs that are of a realistic and proper nature should be given more consideration. 2. the needs of various businesses differ significantly and a means of dealing with these differences is important. The variance section of the Ordinance has not proved workable in this respect. 3. We offer for your review Appendix A, a summation of the concerns and recommendations we received from our members. 4. The Chamber recommends that the City staff be instructed to reappraise the Sign Ordinance, paying particular attention to the problems and suggested solut.ior,s provided. 5. The Chamber would suggest that the business community have the opportunity to interact with the staff concerning potential changes. 6. The Chamber stands ready to assist in whatever manner it can, recognizing that prompt action on this matter will be beneficial to all concerned. • N i' Where The BEST Begins /6 Page Two January 15, 1976 The Chamber commends the City Council for its responsiveness. We look forward to working with you and your staff to meet this and other challenges of our growing community. Sincerely. Steven E.Zinne'1 f President • • • /6% • APPENDIX A A series of questions was submitted to the membership of the Eden Prairie Chamber of Commerce concerning the Sign Ordinance. Attached is a summation of their responses. • win 1. Grandfather Law: How should existing signs be handle? A. Should be left as is unless very obnoxious, old or worn out. B. Leave as is provided they are not offensive. C. Should be allowed as long as they are properly maintained and a dollar limit should be considered if the sign requires maintenance to keep up its appearance. When dollar limit is surpassed, the sign must conform to ordinance. D. Maintenance of signs should not be allowed to exceed one third of the original cost of the sign. Companies would submit an original cost statement with permit. E. Indefinite as long as in good taste. F. Some flexibility regarding long established signs. G. Set a reasonable number of years to conform. H. M(y suggestion would be: All signs in violation or non-conformity at the time of adoption of the ordinance should be allowed to be continued in use but shall not be rebuilt or altered to the extent that repairs exceed 25% of the replacement cost of the sign, or relocated without being brought into compliance with the requirements of the ordinance. 2. What criteria should be used to determine the number and size of signs? A. As problems and needs dictate for each individual situation as it is reasonable and proper. B. Size and type of building and property and set back, number of street frontages, visual accessibility, speed of traffic, number of employees, size of drive in business retail versus industrial, number of buildings, set back of signs, wall or free standing. C. Not more than 10% of building surface facing street (or 15% - 20%), free standing height limit 11 times of first floor. D. One per business - corporate signage requirement, proximity to neighbors, nature of business. E. Board established with professionals versed in advertising and signing to suggest and recommend what is reasonable and proper. F. Number and size of signs should be proportionate to property taxes paid. (Every $3,000.00, 80 square feet) G. Mount or support should not be used as part of sign surface. leg H. The primary consideration is the need to be recognized and the ability to be recognized instead of creating an impression. The uniqueness of the traffic patterns in Eden Prairie and the yet to be developed land parcels almost require an individual solution to each problem. If analytical numbers are required, my suggestion would be one sign for each frontage, whether access exists or not, on every roadway. I. Request for variance that would list the criteria to be considered for the variance. That would include: size, type and number of buildings, size of property, set back, number of street frontages, visual accessibility, , speed of traffic, number of employees, size of drive in business, retail ! versus industrial, set back of signs, and type of sign, free standing or wall. i . Floor Space Factor Employees Facto- Frontage Factor Square Footage Points Number Points Feet Frontage Points 1,000 - 5,000 2 6 - 10 4 0 - 50 1 5,001 - 10,000 3 11 - 20 6 51 - 200 2 10,001 - 20,000 4 21 - 50 8 201 - 300 3 20,001 - 50,000 5 51 - 100 10 301 - 400 5 50,001 - 100,000 6 101 - 200 12 401 - 600 7 100,001 - 150,000 7 201 - 400 14 601 - 800 10 150,001 - 200,000 8 401 - 800 16 801 - 1,000 12 200,000 - up 9 801 - up 18 1,001 - up 16 Each category placed in would gain the indicated number of points. Total points multiplied by 10 plus 80 would result in the total possible number of square feet for signage. Each company would start with a minimum of 80 square feet. Each street frontage would give applicant an additional 80 square feet of signage. Each property owner could use this criteria to prepare a written formal request fora variance. The variance committee would then have the opportunity to study the request and prepare questions to be asked in order to make a decision. The requirement for time for all would be minimized and expedite the conclusion. Should hard to find properties be allowed more directional signs? A. Yes: 14, No: 3 B. Especially around freeway ramps and around ring roads and large developments. C. But all signs must comply and the original intent to prevent a glut of signs should be upheld. D. On special permit basis only. E. Sufficient to satisfy the need. //a9 • F. Variance board should consider each situation separately. G. Should be allowed only near the closest intersection of well traveled streets and from a point where the destination can be seen. H. Screening of docks and loading areas is required; therefore, the number and size of signs should be proportionate to visibility. 3. Should commercial and industrial properties be treated equally or differently? A. Equally: 7, Differently: 7 Should industrial parks properties on large single parcels be treated the same? A. Each business should be given reasonable signs if tastefully done. B. Park name sign - no change. Should be allowed good directional signs to guide people to business they are looking for. C. Parks should have different directory signing. D. The industrial park should be regulated on the major roadway, but other identification should be controlled within the park. 4. Should guidelines be established to use in granting variances? A. No Comment: 4 B. Not Sure: 1 C. Yes: 6 D. No: 3 If so, what should they be? A. Would vary with each type of business and it should be decided on its own merits. Undue hardship, economic loss, maintenance of existing signs and and appearance should be considered. R. Variance hoard should be made up of Eden Prairie business men and women. C. Guidelines should be taken from Question f2. D. Each case should be individually considered as to purpose and necessity to company operation. E. The guidelines for granting variances as written in the existing ordinance • should accoimodate the needs if in Item 3b the wording is nged to dhto:rread: "...if the appellant demonstrates that:" in place of "...proves s the word "proves" as defined by Webster will be impossible in most cases; i'1o0 and Item 3b3 is eliminated, as the word "hardship" as it is used is a totally subjective measure that cannot be objectively evaluated by anyone other than the appellant. 5. Are company flags signs? No: 13; Yes: 3; No Comment: 2. A. Nor are art objects. Not if they don't exceed square footage of maximum sign. If they don't exceed size of U. S. flag. B. Only one should be allowed per site. Award flags, etc., are not to be considered signs. 6. Do you have any other problems? What are their solutions? A. Let's allow some administrative freedom to staff to permit signs that serve a purpose and are tastefully done. B. Name on company buildings should not be taxed. C. To draw up complicated ordinance to take care of all the individual needs is needless governmental interference. To pay a license for signs to increase business is somewhat ridiculous. We should be encouraged to build business, not taxed to sell our wares. We are over regulated now. This may sound cynical, but it is true. There are so many other important things to do it seems we fret over minor details. D. I've been in my office on Highway 5 for three years and some clients that are residents of ten years say my office is hard to find or just don't know where it is. A nice noticeable sign would solve the problem. E. Existing ordinance is far too restrictive on commercial property. It doesn't commit the city to anything and almost forces P.U.D.'s. An alternative to strait zoning or P.U.D. should be established. F. No fee should be charged existing signs. Fee should only be charged once. Any variance in sign ordinance should be charged a higher fee than normal. G. The present sign ordinance is totally unrealistic to larger industrial concerns. H. The solution is that a sign committee should be formed and it would work under some real broad guidelines and its members would have an expertise in this area. I. Any ordinance should not be adopted without securing input from the population of the community. J. The sign ordinance should be repealed and a new ordinance issued. The City of Eden Prairie would do well to study surrounding areas and their ordinances. I am confident that the capable people on the staff can nol • compile a worthwhile ordinance that does not violate the rights of property • owners large and small. K. Too much government. L. The sign permit fee should be a one time charge. M. The problems that I have experienced were the fact that both the Board of Appeals and Adjustments and the City Council did not follow the guidelines for granting a variance as called out in Section 3 - Appeals. It should be specifically pointed out that their responsibility in hearing appeals is not to second-guess the architect/designer of the sign, but to hear out the appellant's plea with respect to the three reasons for granting a variance, again with a clear understanding of the purpose and intent of the ordinance, which is ",..to encourage creativity, etc...." • January 7, 1976 City Council City of Eden Prairie J 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Council Members, We the undersigned city businessmen and/or taxpayers of Eden Prairie hereby request the consideration of a council resolution requesting the appropriate • agency in Hennepin County to expedite as quickly as possible the construction of the Crosstown Highway between Shady Oak Road and I-494. Also to upgrade the Hennepin County bridge #435 on C.S.A.H. 60 (Baker Road) over the Chicago Northwestern Railroad, presently posted for a 16 ton total vehicle loading, which restricts any but the smaller trucks from passing over this bridge. The lack of either one or both of these passages greatly restricts our businesses, increases our transportation costs immensely, thus requiring our customers (the public) to pay higher prices for our products and services. Although the Crosstown Highway is in the planning stage, its extension is long overdue, and at present Hennepin County does not even have the upgrading of bridge #435 on their five year plan. We therefore feel that without some action on the part of our City Council, these weak links in our road system will continue to go unnoticed. We will be happy to appear at your meeting to discuss this matter further if you so desire. Sincerely, L.7 l'703 • • • COMPANY NAME ADDRESS SIGNATURE :9, Midwest Asphalt Corporation 6401 Industrial Drive, Eden Prairie / � 4�+ /�? ' Northwood Gas Company 6400 Industrial Drive, Eden Prairie If',�;.t i, /0v7 Wyco, Inc. 14001 West 62nd Street, E.P. , rs ' 0: -c;" Northwest Advertising, Inc. 6280 Industrial Drive, E.P. 4`=^�. A & H Welding & Manufacturing 14301 W 62nd Street, Eden Prairie ./,;//° ./// t Willis J Kruckeberg Roofing & Sheetmetal, Inc. 13593 West 62nd Street, E.P. 'l d Norman & Smith Plumbing 13593 West 62nd Street, E. P. - ;:;;?..) Cecilr C. Cruse 159011Cedar ial vd Northern Contracting Company 6331 Industrial Drive ��C,Y Minnesota Flexible Corp. 14101 West 62nd Street Robert McIntosh 14180 Greenview Ct. • • • • 111011 International Union of Operating Engineers, Local No. 49 WHEREAS, the City of is being represented in negotiations with I.U.O.E., Local No. 49 by the Metropolitan Area Management Association Management Bargaining Committee, and WHEREAS, I.U.O.E., Local No. 49 has requested and was granted mediation regarding 1976 contract negotiations, and WHEREAS, I.U.O.E., Local No. 49 has petitioned the Bureau of Mediation Services to certify that an impasse exists, and WHEREAS, the Bureau of Mediation Services has certified that an impasse does exist and has requested final positions, and WHEREAS, under Minnesota Statutes emoted 179.69, Subd,. 5, the option of submitting to binding arbitration or not to submit to binding arbitration is available when an impasse exists with organized, non-essential employees, and WHEREAS, it has been determined that employees represented by I.U.O.E., Local No. 49 are non-essential, NOW THEREFORE, Be It Resolved by the Council of the City of • - I That the Metropolitan Area Management Association Management Bargaining Committee is hereby authorized to represent the City of in continuing negotiations with I.U.O.E., Local No. 49, and further directs the Management Bargaining Committee not to submit to binding arbitration. Be It Further Resolved, that the City Manager (Clerk) is herby authorized and directed to file a copy of this resolution in the Office of the City Manager, White Bear Lake, Minnesota. 70J CLERK'S LICENSE APPLICATION LIST 1 January 27, 1976 • CONTRACTOR (Multi-family & Comma HEATING & VENTILATING Marshall Erdman & Assoc. Atkins Plumbing & Heating Kloster-Madsen, Inc. Mill City Heating & Air Conditioning . Sonny Miller Construction Yale, Inc. Golden Construction Natkin & Company Turner-Busch, Inc. B & C Heating Co. Starkey Labs, Inc. Thompson Air Conditioning Co. Eden Prairie Heating & Air Conditioning CONTRACTOR (1 & 2 Family). Egan & Sons Co. Wal-Don Builders, Inc. 3.2 BEER ON SALE Oertel Construction Co. W e Cafe Marvin H. Anderson Co. Olympic Hills Golf PLUF1HIN1 . Lyons Tap Edenvale Golf Club Westman Plumbing Dutch's Resort The Plumbers Donn & Margies Hokanson Plumbing, Inc. Cedar Hills Wm F. Ridler Plumbing & Heating Axel Newman Heating & Plumbing 3.2 BEER OFF SALE Hovde Plumbing & Heating Donn & Margies Stant Plumbing & Heating Dutch's Resort Rother Plumbing, Inc. Westonka Plumbing & Heating, Inc. Eden Prairie Legion Assn. Raymond E. Haeg Plumbing, Inc. Edenvale Golf Club Swanson & Schiager Garden Tap Hoglund Mechanical Contractor, Inc. Ly Town & Country Plumbing Wye Cafe Wenzel Plumbing & Heating, Inc. CIGARETTES & TOBACCO GAS FITTER Wye Cafe Wenzel Plumbing & Heating, Inc. Lyons Tap • Palen-Kimball Company Garden King Market b Advanced Heating & Air Conditioning, Inc. Edenvale Golf Club Natkin & Company Eden Prarie Legion Assn. Yale, Inc. Dutch's Resort Mill City Heating & Air Conditioning Donn & Margies . Atkins Plumbing & Heating Q Petroleum WATER_SOFTNER PRIVATE KENNEL Culligan Water Conditioning Harold W. Jenkins These licenses have been approved by the program head responsible for the licensed j, ivity. Rebecca Quernemoen, Deputy Clerk January 27, 1976 • STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 8509 EARL & MARGARET SMITH Contract Payment 23,600.00 8510 ROGER ULSTAD January Expense 100.00 8511 COMi4ISSIONER OF REVENUE Sales Tax 549.84 8512 POSTMASTER Postage 233.93 8513 PUBLIC EMPLOYEES RETIREMENT ASSN. Payroll 1/9/76 2,930.91 8514 FEDERAL RESERVE BANK Payroll 1/9/76 2,487.75 8515 4'AYVIEW RADIO Services 10.00 8516 11ET,OPOLITAN WASTE CONTOL CO M. December S.A.C. 7,722.00 8517 STATE OF MIN'IFSOTA Fourth quarter F.I.C.A. 11,987.78 8518 BULLSEYE RELOADING & SUPPLY Targets 39.00 8519 GRAHAM LAND CO. TRUST ACCT. Earnest money for Horak & Bren 3,500.00 8520 POSTMASTER Bulk mailing fee 40.00 8521 VOID CHECK (370.00) 8522 KENNETH J. & ARLENE A. MOENING Easement 370.00 8523 JAMES CLARK Uniform allowance 200.00 8524 JOYCE HOLTF Uniform allowance 125.00 8525 STEVE GEIGLR Uniform allowance 250.00 8526 JACK HACKING Uniform allowance 250.00 8527 DAN BETLOCK Uniform allowance 250.00 8528 TOM BROWN Uniform allowance 125.00 8529 LES BRIDGER Uniform allowance 250.00 8530 BOB TYSON Uniform allowance 250.00 8531 BILL BLAKE Uniform allowance 250.00 8532 CURT OBERLANDER Uniform allowance 250.00 8533 ROGER DANIELSKI Uniform allowance 250.00 8534 KITH J. WALL Uniform allowance 250.00 B535 JAMES MATSON Uniform allowance 250.00 8536 AMERICAN SOCITY OF PLANNING OFCLS. Books 14.90 8537 AMERICAN WATER WORKS ASSOC. Dues for Carl Jullie 100.00 8538 AMUNDSON Inspection forms 275.50 8539 A & H WELDING & t4FG. CO. Equipment Parts 5.70 8540 WILLIAM BYE January 60.00 8541 BLUE CROSS AND BLUE SHIELD OF MN Health Insurance 1,499.20 8542 BARBAROSSA AND SONS, INC. Bryant Lake Sewer 59,910.12 8543 JAMES BOWMAN Lease - Mini rinks 1.00 8544 RLSTOS PRODUC1S CO. Equipment parts 30.63 8545 BRIN GLASS CO. Safety Glass - Public Safety 45.00 8546 BRAUER & AASSOCIATES Servies - Scenic Heights 164.34 8547 CAMPBEIL APPRiSAI CO., INC. Appraisal - 169 Projects 150.00 8548 JAMES CLARK Expenses 17.45 8549 JIM CARLSON Dues - Fire Inspector 10.00 8550 CHASE, BRACKETT CO. Appraisal - Miller Property 525.00 8551 CITY OF HOPKINS Range Rental 173.00 8552 CHANHASSEN AUTO PARTS, INC. Equipment Parts 224.24 8553 CURTIN MATHESON SCIENTIFIC, INC. Testing Supplies - Water 104.65 8554 DALCO Soap 48.00 8555 GROUP HEALTH PLAN, INC. Health Insurance 966.00 8556 W. W. GRAINGER, INC. Repair Parts 12.11 8557 HENRY GESS WELL CO. Pipe 12.00 8558 HOWARD NEEDLES TAMMEN & BERGENDOFF Services - Ring Route 4,926.83 8559 JACK HACKING Expenses 17.10 8560 GEORGE M. HANSEN CO. Audit Services 1,350.00 ryi'/ January 2/, 19/6 ! STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 8509 EARL & MARGARET SMITH Contract Payment 23,600.00 8510 ROGER ULSTAD January Expense 100.00 8511 COMMISSIONER OF REVENUE Sales Tax 549.84 8512 POSTMASTER Postage 233.93 8513 PUBLIC EMPLOYEES RETIREMENT ASSN. Payroll 1/9/76 2,930.91 8514 FEDERAL RESERVE BANK Payroll 1/9/76 2,487.75 8515 MAYVIEW RADIO Services 10.00 8516 METROPOLITAN WASTE CONTOL COMM. December S.A.C. 7,722.00 8517 STATE or MINNESOTA Fourth quarter F.I.C.A. 11,987.78 • 8518 BULLSEYE RELOADING & SUPPLY Targets 39.00 8519 GRAHAM LAND CO. TRUST ACCT. Earnest money for Horak & Bren 3,500.00 ' 8520 POSTMASTER Bulk mailing fee 40.00 8521 VOID CHECK (370.00) 8522 KENNETH J. & ARLENE A. MOENING Easement 370.00 8523 JAMES CLARK Uniform allowance 200.00 8524 JOYCE HOLTE Uniform allowance 125.00 8525 STEVE GEIGER Uniform allowance 250.00 8526 JACK HACKING Uniform allowance 250.00 8527 DAN BETLOCK Uniform allowance 250.00 8528 TOM BROWN Uniform allowance 125.00 8529 LES BRIDGER Uniform allowance 250.00 8530 BOB TYSON Uniform allowance 250.00 8531 BILL BLAKE Uniform allowance 250.00 8532 CURT OBERLANDER Uniform allowance 250.00 8533 ROGER DANIELSKI Uniform allowance 250.00 8534 KEITH! J. WALL Uniform allowance 250.00 8535 JAMES MATSON Uniform allowance 250.00 8536 AMERICAN SOCITY OF PLANNING OFCLS. Books 14.90 8537 AMERICAN WATER WORKS ASSOC. Dues for Carl Jullie 100.00 8538 AMUNDSON Inspection forms 275.50 8539 A & H WELDING & MFG. CO. Equipment Parts 5.70 8540 WILLIAM BYE January 60.00 8541 BLUE CROSS AND BLUE SHIELD OF MN Health Insurance 1,499.20 8542 BARBAROSSA AND SONS, INC. Bryant Lake Sewer 59,910.12 8543 JAMES BOWMAN Lease - Mini rinks 1.00 8544 CESTOS PRODUCTS CO. Equipment parts 30.63 8545 BRIN GLASS CO. Safety Glass - Public Safety 45.00+ 8546 BRAUER & ASSDCIATES Servies - Scenic Heights 164.34 B547 CAMPBELL APPRISAL CO., INC. Appraisal - 169 Projects 150.00 8548 JAMES CLARK Expenses 17.45 8549 JIM CARLSON Dues - Fire Inspector 10.00 8550 CHASE, BRACKETT CO. Appraisal - Miller Property 525.00 B551 CITY OF HOPKINS Range Rental 173.00 8552 CHANHASSLN AUTO PARTS, INC. Equipment Parts 224.24 8553 CURTIN MATHESON SCIENTIFIC, INC. Testing Supplies - Water 104.65 8554 DALCO Soap 48.00 8555 . GROUP HEALTH PLAN, INC. Health Insurance 966.00 8556 W. W. GRAINGER, INC. Repair Parts 12.11 8557 HENRY GESS WELL CO. Pipe 12.00 8558 HOWARD NEEDLES TAMMEN & BERGENDOFF Services - Ring Route 4,926.83 8559 JACK HACKING Expenses 17.10 8560 GEORGE M. HANSEN CO. Audit Services 1,350.00 r 7u7 January 27, 1976 -9-76 8561 HOPKINS INSURANCE AGENCY Work Comp Insurance 2,263.00 8562 JUNE HANSON Expenses 5.25 8563 RICHARD HOLLOWAY October & November 457.50 8564 HILLCREST SAFETY EQUIPMENT CO. Fire Monitor 110.00 8565 HOPKINS DODGE, INC. Electrical Repairs-Public Safety Cars 95.23 8566 ALEX DORENKEMPER Lease - mini rinks 1.00 8567 KRAMER'S Supplies 236.65 8568 ALLEN LARSON Test fee 15.00 8569 M.E. LANE, INC. Treasurer Bond 203.00 8570 LEEF BROS., INC. Rugs & rags 92.15 8571 JOAN MEYERS January 60.00 ? 8572 MINNEAPOLIS STAR AND TRIBUNE House rental ad 15.75 8573 MID-CENTRAL FIRE & SAFETY CO. Lights - Public Safety Cars 38.80 8574 MINESOTA STATE FIRE CHIEFS ASSN. Fire Department dues 20.00 8575 MEDICAL OXYGEN Oxygen Fire Department 67.46 8576 METROPOLITAN ANIMAL PATROL SERVICES December 568.50 8577 CHUCK MIKKELSON Basketball Official 24.00 8578 M & D SERVICE, INC. Truck repairs - reimbursed 150.89 8579 MINNESOTA BUSINESS FORMS Gas Tickets 153.70 8580 MINNESOTA STATE TREASURER Snowmobile Safety Certifictes 66.00 8581 RICHARD MAHLUM Basketball Official 24.00 8582 MAYVIEW RADIO Seven radios and installation 1,257.60 8583 MERIT PRINTING Envelopes 232.60 8584 METROPOLITAN FIRE EXTINGUISHER CO. Recharges 20.75 8585 MINNEGASCO Services 696.33 8586 NORTHWESTERN NAT'L BANK OF MPLS Bonds & Interest 64,358.00 8587 NORTHERN STATES POWER CO. Services 294.29 8588 NORTHERN STATES POWER CO. Services 2,092.77 8589 NORTHWESTERN BELL TELEPHONE Services 1,273.18 B590 NORTHWESTERN BELL TELEPHONE Services 242.51 8591 NORTHDALE CONSTRUCTION CO. Cove - Sewer 2,328.69 8592 NORTHDALE CONSTRUCTION CO. Lochanburn Utilities 26,101.90 8593 SIDNEY PAULY January 60.00 8594 WOLFGANG PEN7EL January 80.00 8595 W. G. PEARSON, INC. Rocks 9.32 8596 POWER BRAKE EQUIPMENT CO. Warning Lights 29.52 8597 PHARM CHEP1 RESEARCH FOUNDATION Books - Public Safety 20.00 8598 POUCHER PRINTING & LITHO Bond Printing 951.00 8599 DICK PUTNAM Expenses for January 107.45 8600 PERBIX, HARVEY, SI140NS Services 4,483.37 8601 JERRY PAUTZ Lease - mini rinks 1.00 8602 PEPSI-COLA BOTTLING CO. Pop 91.50 8603 SATELLITE ITDUSTRIES, INC. Services 278.96 8604 COMMISSIONER OF HIGHWAYS Bituminous Inspection-Ring Route 466.69 8605 STATE OF MINNESOTA 1975 Statutes 35.00 8606 JOSEPH SEMRAD Lease - mini rinks 1.00 • 8607 DON STODOLA'S WELL DRILLING Services for City Hall 30.20 8608 SUN NEWSPAPERS Ad for house 10.00 8609 THE W. GORDON SMITH CO. Diesel Oil 276.47 8610 WAYNE R. SANDERS Expenses - January 22.78 8611 PHOTO-QUICK Film & Processing-Public Safety dept. 113.29 8612 SUN NEWSPAPERS Legals 4.39 8613 UNIFORMS UNLIMITED, INC. Uniforms 132.00 8614 VIKING FIRE EQUIPMENT CO. Hose Nozzles 44.10 8615 WORD PROCESSING CENTER Repair on dictaphone. 22.00 mg January 27, 1976 —9-76 8616 WESTERN AREA FIRE TRAINING ASSN. Dues 1,192.41 8617 KEITH WALL Expenses - January 4.00 8618 WALDOR PUMP Repair on Sewer Life Station 391.05 TOTAL 239,587.98 • • • r,,�