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HomeMy WebLinkAboutCity Council - 02/10/1976 s EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 10, 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 I Harlan Perbix; Planner Dick Putnam; Finance ; Director John Frans; Director of Community Services Marty Jessen; Engineer Carl Jullle; Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS II. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, Page 1823 JANUARY 27, 1976. III. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports by Council Members. B. Report of City Engineer 1. Gravel Mining request for Swendseen Property at N.W. corner Page 1831 of Valley View Road and Washington Avenue. 2. Discuss priorities for MSA street improvement funds. Page 1839 C. Report of Director of Community Services 1. Report on the Feasibility of a Bikeway/Hikeway Trail along Page 1841 County Road 4. D. Report of City Manager 1. Award bids for 2 Civil Defense Warning Sirens. Page 1845 2. Information regarding meeting at Minnetonka City Hall on Wednesday, February 11, 1976. 3. City Manager's Salary. 4. Dakota County League of Municipalities Resolution. Page 1846 Council Agenda - 2 - Tuesday, February 10, 1976 D. Report of City Manager (continued) 5. Eden Plaza Shopping Center, at Mitchell and Valley Page 1847 View -request for extension of zoning from Donald Peterson, Edenvale, Inc. 6. Eden Prairie In Action- Consideration of possible activities. 7. Request from the Parks Recreation & Natural Resources Commission for a Nine-Mile Creek Corridor Study. 8. Status of M A M A - I U O.E., Local No. 49 Impasse. Page 1848 9. Discuss and define areas of inclusion in the Condon/ Naeaele rezoning agreement. E. Report of Finance Director 1. Clerk's License List. Page 1852 2. .Payment of Claims Nos. 8619 - 8736. Page 1853 N. NEW BUSINESS V. ADIOURNMENT. i + UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 27, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel f Billy Bye Joan Meyers Tim Pierce Sidney Pauly i COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbtx 1 Director of Community Services Marty jessen City Engineer Carl Jullie Recording Secretary Joyce Provo INVOCATION - Rev. Doug Dudgeon, Eden Prairie Community Church PLEDGE OF ALLEGIANCE ROLL CALL-All Members Present. I. APPROVAL OF AGENDA AND OTHER ITEMS The following items were requested to be added to the New Business category. A. Road Access from Schooner Boulevard to Highway#494. _ B. Appointment to Transit Commission Advisory Council. C. Request from South Hennepin Human Services Council. MOTION: Bye moved, seconded by Pauly, to approve the agenda with the Inclusion of the three afore mentioned items under New Business category. II. MINUTES A. Minutes of the Soectai Council Meeting held Tuesday,.December 30 1975 MOTION: Meyers moved, seconded by Bye, to approve the minutes of the Special Council Meeting held Tuesday, December 30, 1975 as published. Motion carried unanimously. Council Minutes - 2 - Tuesday, January 27, 1976 B. Minutes of the Regular Council Meeting held Tuesday, January 6, 1976. Pg. 5, strike 1st para., and Insert In lieu thereof: "Vote Tally: Beaman elected unanimously to the Planning Commission for a three year term to j expire 12/31/78; lynch elected unanimously to the Planning Commission for a three year term to expire 12/31/78; Osterholt failed to be elected to the 1 Planning Commission by a vote of 2 ayes and three abstentions (Pauly and Bye voted "aye", Meyers, Penzel and Pierce abstained); and Sundstrom was elected unanimously to the Planning Commission for a two year term to expire 12/31/77." i Pg. 8, para. 6, 2nd line, strike "area" and insert "Eden Prairie". 7, 3rd line, after "sirens" add "with alternates of siren color and pole style as allowable". i Pg. 9, para. 4, line 5, strike "Motion carried unanimously" and insert j "Bye, Meyers, Pierce and Penzel voted "aye", Pauly voted "nay". Motion carried." Pg. 10, para. 4, 2nd line, after "Feerick," add "Robert Williams,". MOTION: Meyers moved, seconded by Bye, to approve the minutes of the City Council meeting held Tuesday, January 6, 1976., as corrected. Motion carried unanimously. i C.Minutes of the Regular Council Meeting held Tuesday January 13, 1976. Pg. 3, 1st para., 3rd line, after "fees" add "and letter of guarantee requirement". Pg. 5, at the end of 3rd para., strike "tradeoffs" and insert "transfers and/or landuse in transition zones, consideration of creating a Flood Plain Zone In Ordinance No.135, and that the Parks, Recreation & Natural Resources Commission prioritize acquisition of conservancy zone areas and outline costs, funding sources and projected timetable." Pg. 9, 1st para., 2nd line, strike "regarding" and insert "in support of". MOTION: Bye moved, seconded by Pierce, to approve the minutes of the City Council meeting held Tuesday, January 13, 1976, as corrected. Motion carried unanimously. III. PUBLIC HEARINGS_ A. Community Development Block Grant Funds for 1976. Director of Community Services lessen outlined 7 specific objectives of the Community Development program as listed on attachment to memo from Planning Director Dick Putnam dated January 8, 1976, and spoke to the six suggested 1976 CDA Projects mentioned In memo dated January 26, 1976. lessen responded to questions asked by Council members. 7LKq Council Minutes - 3 - Tuesday, January 27, 1976 A. Community Development Block Grant Funds for 1976.(Continued) MOTION: Meyers moved, seconded by Bye, to continue the Community Development Block Grant Funds for 1976 Public Hearing to February 3, 1976. Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS A. 2nd Readina of Ordinance No. 294, Eden Prairie Family Recreational 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. City Manager Ulstad outlined letter from Donald R. Peterson, President of Edenvale, Inc. , dated January 22, 1976. City Attorney Perbix suggested Item 2 in Mr. Peterson's letter would be the best way to go as it would be easier to control. Mrs. Lawrence Russell, 12101 Sunnybrook Road, expressed her concern over the lack of sidewalks in suburban development. MOTION: Bye moved, seconded by Pierce, to approve the 2nd Reading of Ordinance No. 294, an ordinance relating to zoning and amending Ordinance No. 135, granting the request for rezoning from I-2 Park to Community Commercial for the Eden Prairie Family Recreational Center. Bye, Pierce, Penzel and Pauly voted "aye", Meyers "nay". Motion carried. The following amendments were made to the Rezoning Agreement: Pg. 2, amend 2nd para. to read: "Owner agrees to develop said property in accordance with the architectural and landscaping plans submitted to the City Staff and the C1ty,Pianning Commission and for approval by the City Council, subject to the following conditions:" Pg. 2, item 2, 4th line after "Report" add "in a manner acceptable to. the City Attorney and subject to concerns of owner in accordance with their letter dated 1/22/76". Pg. 3, item 4, strike 1st line and Insert "That if Owner falls to procure a building permit in accordance with this Agreement". MOTION: Pauly moved, seconded by Bye, to approve the Rezoning Agreement as presented and amended. Pauly, Bye, Penzei and Pierce voted "aye", Meyers voted "nay". Motion carried. I V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports by Council Members. The following Council members offered reports from meetings they attended as a Council Representative: 1 Council Minutes -4 - Tuesday, January 27, 1976 A. Reports by Council Members (continued) Meyers - Board of Appeals &Adjustments meeting held January 15, 1976 and the recent CATV Study Commission meeting. Pierce - Parks, Recreation & Natural Resources Commission meeting held January 19, 1976. Pauly - Planning Commision meeting held January 26, 1976. Penzel - South Hennepin Human Services Council meeting to be held in February. B. Report of City Engineer 1. Consider bids on lateral sewer for Creekwood Estates 2nd Addition I.C. 51-280. City Engineer Jullie outlined the summary of bids noting Parrott- Construction to be the lowest bidder. (Summary sheet dated January 27, 1976). MOTION: Meyers moved, seconded by Bye, authorizing the Mayor and Manager to enter into a contract with Parrott-Construction. Inc., Shakopee, Minnesota in the amount of$18,349.55 for lateral sewer for Creekwood Estates 2nd Addition, I.C. 51-280. 2. Receive report on preliminary road alignments for the area west of Baker Road and north of Valley View Road. City Engineer Jullie outlined his memo dated January 23, 1976. MOTION: Bye moved to receive report and refer same to the Planning Commission for their consideration and recommendation, seconded by Pauly. Motion carried unanimously. 3. MHD Engineering and Technical Assistance Agreement and Resolution authorizing City Engineer to request such assistance. MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1083, a resolution for 1976 technical and engineering assistance agreement. Motion carried unanimously. 4. MHD Agency Contract MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1085, a resolution for 1976 HUD Agency Agreement. Motion carried unanimously. Council Minutes - 5 - Tuesday, January 27, 1976 B. Report of City Engl near (continued) S. Swendseen Condemnation - I.C. 51-264. City Attorney Perbix recommended to that Council that approval be given for payment of$24,500.00 for the permanent easement through the Swendseen property. MOTION: Bye moved, seconded by Pierce, to direct the City to pay $24,500.00 for the sewer easement on the Swendseen property as proposed by the City Attorney. Motion carried unanimously. 6. Resolution requesting 40 MPH speed limit on Schooner Boulevard MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1084 addressed to the State Commissioner of Highways requesting j a 40 MPH speed limit on Schooner Boulevard. Motion carried unanimously. ' C.Report of Director of Community Services 1. Valley View Road Bikeway/Hikewav - Recommendation on Community Development Revenue Sharing 1975 Block Grant. Director of Community Services Jessen outlined memo dated January 22, f 1976. Robert Remakel, 15310 Creekside Court, requested clarification as to specific location. Mr. Jessen illustrated the location of the proposed Valley View Road Bikeway/Hkkeway on a map. MOTION: Meyers moved, seconded by Bye, to accept the staff report dated January 22, 1976 and direct the staff to expand their knowledge as to right-of-way acquisitions necessary. Motion carried unanimously. 2. Consideration of Contract for Relocation Consultant Services MOTION: Pauly moved, seconded by Meyers, to direct the staff to enter into a professional services agreement for relocation consultant with Dianne Luce. Motion carried unanimously. 3. Report on Bicentennial Committee Director of Community Services Jessen spoke to his memo dated January 23, 1976 outlining the activities of the Eden Prairie Bicentennial Committee. U 1 Council Minutes - 6 - Tuesday, January 27, 1976 D.Report of City Manager 1. Sign Ordinance discussion. City Manager Ulstad spoke to the communication from the Eden Prairie Chamber of Commerce dated January 15, 1976, regarding the Sign Ordinance. Steve Zinnel, President of the Chamber of Commerce, expressed his desire to be of assistance In any way possible. MOTION: Bye moved, seconded by Pierce, to accept the communication from the Chamber of Commerce with thanks and refer It to the Planning Commission with the Council's hope that the Planning Commission can work with the Chamber, or use this information In giving consideration to the Sign Ordinance situation In Eden Prairie, and have a progress report back to the City Council within 45 days. Motion carried unanimously. 2. City Relationships with Chamber of Commerce Robert Hanson, Past President of the Chamber of Commerce, and Steve Zinnel, President of the Chamber of Commerce, expressed their desire that from time-to-time the Chamber would like to get together with the Council and discuss various concerns. It was the consensus of the Council to extend an open Invitation to the Chamber of Commerce that at any time the Chamber would like to discuss concerns, the Council would be happy to meet with them prior to the regularly scheduled Council meetings. 3. Consideration on chanaina March 2 1976 Council meeting. City Manager Ulstad explained that Homart Development would like the Council to attend a banquet on March 2 prior to their Grand Opening on March 3. They further asked, if at all possible, the Council consider changing their Council meeting on March 2nd to attend this banquet. MOTDN: Meyers moved, seconded by Bye, to reschedule the Council meeting from Tuesday, March 2, 1976, to Thursday, March 4, 1976 at 7:30 PM in the City Hall. Meyers, Bye, Pauly and Penzel voted "aye", Pierce voted "nay". Motion carried. • I�1Y ' 1 Council Minutes - 7 - Tuesday, January 27, 1976 D.Report of Ctty Manager (continued) 4, Letter from bustnessmen and taxpayers reaardtna exAediting construction of the Crosstown Htahway between Shady Oak Road and I 494 and upgrading Hennepin County Bridge #435 on C.S.A.H._ 60 (Baker Road). MOTION: Meyers moved, seconded by Bye, to direct staff to forward communication from businessmen and taxpayers of Eden Prairie dated January 7, 1976, to the Hennepin County Board of Commissioners for their review. Motion carried unanimously. 5. Personnel Resolution City Manager Ulstad explained that he has visited with Council members regarding their suggested changes to the Personnel Resolution. MOTION: Meyers moved, seconded by Pierce, to direct staff to draft a final revised Personnel Resolution based on recommended changes from the Council and City Manager and place on the agenda when completed. Motion carried unanimously. 6. Union Bargainina Committee MOTION: Pauly moved, seconded by Bye, to adopt Resolution ' No. 1089, authorizing the Metropolitan Area Management Association Management Bargaining Committee to represent the City of Eden Prairie In continuing negotiations with I.U.O.E., Local No. 49. Motion carried unanimously. Motion carried unanimously. 7. General discussion on Council Minutes General discussion took place among Council members pertaining to the contents of City Council minutes. MOTION: Bye moved, seconded by Pierce, to direct the staff to reduce City Council minutes. Motion carried unanimously. - E. Report of Finance Director 1. 'Clerk's License List MOTION: Pauly moved, seconded by Meyers, to approve the Clerk's License List dated January 27, 1976 with the exclusion of the 3.2 Beer Off Sale licenses, which are to be added to February 3, 1976 Clerk's License List. Motion carried unanimously. 2. Payment of Claims Nos. 8509 - 8618. MOTION: Bye moved, seconded by Meyers, to recommend approval of the Payment of Claims Nos. 8509 - 8618. Roll Call: Bye, Meyers, Pauly, Pierce and Penzel voted "aye". Motion carried unanimously. 13 � l t Council Minutes - 8 - Tues.,January 27, 1976 VI.NEW BUSINESS 1. Road Access from Schooner Boulevard to Highway#494. City Manager Ulstad explained that he and City Engineer Jullie had met with the State Highway Department on January 27 regarding Highway#169 and#494. Jullie spoke to the letter to Honorable Donaid H. Fraser dated January 6, 1976 from Frank D. j Marzitelli, State Highway Commissioner. It was the consensus of the Council that this matter be brought back to the Council in three weeks. 2. Appointment to Transit Commission Advisory Council The appointment of a Citizen representative to the Transit Commission Advisory Council was continued to a future date. 3. Re uest from South Hennepin Human Services Council South Hennepin Human Services Council is requesting the City of Eden Prairie to purchase equipment for them to use at their new office in Bloomington. It was the consensus of the Council that this matter be researched further and brought back to the Council on February 3, 1976. Mayor Penzel reminded the Council of the ground breaking for Methodist Hospital to be held at the Chanhassen Garden Room, 12:00 Noon, Wednesday, February 18, 1976. Mayor Penzei spoke to the communication received from Robert M. Benedict, Mayor of Bloomington, supporting the concept of the Muriel Humphrey Residences and further requested that this communication be included in the "For Your Information" packet to the Council. VII.ADTOU_ RNMENT MOTION: Bye moved, seconded by Pierce, to adjourn the meeting at 11:00 PM. Motion carried unanimously. t MEMO TO: Mayor Penzel and Members of the City Council THROUGH: - Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 5, 1976 SUBJECT: Swendseen Gravel Mine An application has been submitted by Johnson Bros. Corporation for a mining permit to resume mining operations at the previously operated pit located on the Swendseen property at the northwest corner of Valley View Road and Washington Ave. i i The applicant has submitted a brochure dated December, 1975, prepared by Gerald M. Sunde, which describes in detail the proposed mining operation. HISTORY A permit to remove earth from the site was granted to Carl Swendseen on September 8, 1954. An agreement was signed November 13, 1962, by the prop- erty owners and representatives of the City approving the continuation of a gravel mine operation on the property. A proposed grading plan was sub- mitted as part of the agreement. All mining was anticipated to have been completed by December 31, 1965. From 1965 through 1974, several operators removed material from the mine. The permit was not renewed in 1975 because of the owner's inability to find an operator. PROPOSAL SUMMARY The operator is intending to lease the site on a year to year basis. The total estimated plan volume is under 500,000 cubic yards, and there will be no permanent screening, washing or a processing plant installed on the site. The site is proposed to be graded to a gradual slope of approximately 1.7% toward the northwest. The Froposal states that wooded areas will be pre- served. The proposed grading plan conforms with the originally accepted plan and provides for additional retention of surface water runoff. The Eden Prairie Planning Commission reviewed the proposal on January 26, 1976, and a.copy of their minutes is attached. The Planning commission rec- ommended approval of the mining permit but directed the staff to further review the schematic land use plan which was included with the application. A copy of the City Planner's Report on this land use aspect is attached. 2 RECONI4ENDATION It is recommended that the City council approve the mining permit request of Johnson Bros. Corporation to operate a gravel mine on the Swendseen property at the northwest corner of Valley View Road and Washington Ave. in accordance with the application brochure dated December, 1975, by Gerald M. Sunde, subject to the following: 1. Approval by the Nine Mile Creek Watershed District. 2. Approval of the proposed grading work does not imply approval by the City of the schematic development or land use plan included with said application. 3. Receipt of $2,500 application fee plus $500 annual license fee, $10,000 performance bond and a letter of agreement on behalf of Johnson Bros. corporation to guarantee that the the City will be reimbursed for all restoration costs which could occur to the City in excess of the $10,000 bond amount. CJJ:kh •tachments M E M 0 TO: Mayor and City Council Planning Commission FROM: Dick Putnam, Planning Director DATE: February S, 1976 SUBJECT': Future Development Plan for Swendseen Gravel Permit Application The Planning Commission at their January 26th meeting reviewed the Johnson Brothers and Swendseen Gravel Permit Application. At that time they directed the staff to prepare a recommendation to the City Council concerning the future development plan for the Swendseen parcel. The plan submitted labeled figure 2 in the Gravel Permit Application was not acceptable to the Planning Commission as it does not conform to the Lake Smetana Sector Plan adopted by the City ( Resolution 900 ). e The gravel application states in item j; " A proposed land development plan covering the area to be altered or mining site. The conceptual final development plan for the site is shown in figure 2 . When the mining activity is completed top soil salvaged on site will be placed on this site . The area will be planted 1 to grass to limit erosion by wind and water. It should be understood that this is interium action until such time that the land is developed. " R&RCe� L.ar F ---L°r E ti �0�.•l� R5'6ae. for D l LorA LoT 8 6oT C. t 54 4 S�tcsci 9',,a i.P� Memo-Swendseen Gravel Permit, proposed land uses Feb. S, 1976 Page .2 Figure 2 with lots A-F and parcel 800 illustrate a proposed industrial plan which is not in conformance with the lake Smetana Sector Plan. Lots A-F ` are served with a loop industrial road from Valley View Road to Washington Avenue. No provision is made for proposed extension of Shady Oak Road from Highway 212 interchange'to the proposed Valley View interchange with Comity Road 18. Parcel 800 is shown as having a Rural zoning and no development plan is indicated. The Planning Commission and staff would recommend that the graphic from the Lake Smetana Plan and explanation of the areas affecting the Swendseen property be included in the Council approval of the gravel mining permit replacing the proposed plan (figure 2). The Smetana Plan states; Area ;9 Parcel 9 Approximately 27.5 acres,Is currently split by Valley View Road. The construction of new Shady Oak Road connecting with the Valley View Interchange will split the Swendseen properties north of Valley View Road. Through vacation of existing Valley View Road and the development of one Industrial area office warehousing would be anticipated as currently exist In the Norseman Industrial Park. Continuation of West 74th Street to the south behveen Washington Avenue and new Valley View Rd. Would provide primary access. Area :10 ' Parcel 10,approximately 15 acres,. currently bisected by Washington Avenue,Is created with the new extension of Shady Oak Road . The parcel would have access from re-located Washington Avenue and would be usable for office warehouse and limited highway service commercial /. servicing the needs of the.commercial and residential areas. No access to parcel )0 from Shady Oak Road other than an in-out would be anticipated to reduce caVestion near the Valley View Interchange. Area • 2 The 142 acre semi-developed industrial area north of new Shady Oak Road , bordered by Plying Cloud Drive,- provides the largest single industrial acreage in the Lake' • Smetana Sector. Currently some large industri;.;plants; Research Inc., Transitor Electronics, and Physical Electronics, are located in the northeastern area of parcel 12. Belmar Industrial Park along Hamilton Road is i currently under development with predominately 2 acre office/warchousefilight manufactnring structures. Other office/warehouses along Washington Avenue utilize the existing F.dina utilities. Nano-Swendseen Gravel Permit, proposed land uses Feb. S. 1976 page 3 Area :21 A.B.C. & D These areas,totally about l I l acres,offer the best. Al"t_1 A opportunity for residential development within the Smetana Lake Sector. Because of the seclusion provided by major roads, creek valleys, and'heavily wooded '��- edges,as well as the Isolated knolls existing In the area, 's4-` V1 excellent housing sites are created. The ability to c separate traffic on existing Valley View Road and a new ` north/south residential street connecting with Shady Oak f'Y�C Road would provide the separation of vehicle traffic necessary to accomplish a high quality residential area. Residential usage if coordinated with the terrain's heavily ` wooded character should produce a quality living environ =ment unequa.ed in accessibility to regional freeways :. as well as employment , shoppir , and recreation oppor- }. s' tunities. A 1 Great care must be taken in the choice of unit types c which may vary from single family detached to mid-rise apartments or condominium units. The density trade- �7 off option with flood plain and lowland, transferring / tt1. those densities to building sites,would seem appropriate. i -Likewise the pending areas to filter and provide storage for the industrial run-off systems will be required prior r:to discharge Into the creek. All of the resideniai sites surround the Nine Mile Creek flood plain which would , :.allow the opportunity for passive recreatlaq as well as ' 'potential limited active field recreations based within the perimeter of these sites. `'' "`"° Area D was included In the Major Center Plan and suggested for higher density housing which is consis- -'tent with the Smetana Lake Plan.Al Memo-Swendseen Gravel Mining Permit, proposed land uses Feb. S. 1976 page 4 The importance of Shady Oak Road is discussed on page 23 of the Composite Flan where it states; " Urban arterials through Smetana Sector comprised of Shady Oak Road between the intersection of the U.S.212/169 and County Road IS. and the new relocated Valley View Road from Shady Oak to the MCA Route. These high capacity 20,000 * AOT urban arterials may . require channelization and at their intersection points and signalization to facilitate the high volumes anticipated. These facilities would require a minimum of 80 feet to loo feet of right-of-way to be constructed at no less than a 9 ton design with 4 lane section. The plan estimates approximately 2.3 miles or 12,200 lineal feet of such roadway required . Designation of these routes currently are county roadsand would be anticipated to retain such designations." Another item of concern will be the split in the Swendseen property with residential and industrial uses. The split will somewhat be decided by the road alingments of Shady Oak and if Valley View Road is realigned in the future. Most certainly residential uses , possibly multiple family, and industrial and commercial uses would be possible on portions of the Swendseen property as schematically indicated on the Smetana Lake graphic. RECAA41ENDATION . The Planning Commission and staff recommendation to the City Council is that the Smetana Lake Sector Plan be substituted in the approvals of the Swendseen gravel application in lieu of figure 2 Plan•Possible Development Plan prepared by G.M. Sunda Consulting Engineer. L)P:jj J Ivy, �i Uanpproved Planning Commission Minutes -6- Jan. 26, 1976 C. G_ravel Mining_Permit Request for Sxendso n Property. M r. Sonde informed Lhe Commission that the previous mining permit expired and Johnson Brothers desire to gain a new permit. He then showed the existing and proposed grading. He stated the watershed is reviewing the permit and that Mr. Swendseen plans to ultimately market. the property as industrial. Dearman asked if the garbage has been cleaned off the property. Olson said yes. Dearman then inquired if the proposed land use plan conforms to the Co. Rd. IS/ 169 interchange shown in the Smetana Lake Plan. The planner responded it does not conform to the Smetana Lake Plan and he would recommend approval of the permit but not the land uses proposed. Motion I Fosnocht moved, Sundstrom seconded, to recommend approval of the grading permit by Johnson Brothers Incorporated for the Swendseen property based on the Gravel Mining Permit Report dated December, 1975. The motion carried unanimously. Motion 2: Fosnocht moved, Lynch seconded to refer the proposed land uses for the Swendseen property to the staff for a report for tha Council and Planning Commission. The motion carried 3:1 with Dearman voting nay because of his objections to the Smetana Lake Plan. i' 1837 � MEMO TO: Mayor Osterholt and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 5, 1996 SUBJECT: priorities for MSA Street Improvements The attached sheet shows a tabulation of street improvements needed or very desirable within the next five years which will require expenditure of the City's Municipal State Aid (MSA) funds. The projects are listed in an order of priority which we believe is appropriate at the present time. As can be noted, it will not be possible to fund all of the listed proj- ects within the next five years. Accordingly, we would ask that the Council review this list and determine the appropriate priorities so that certain feasibility studies and design work now in process can be completed and/or adjusted to reflect such priorities. CJJ:kh attachment MSA NEEDS 2/5/76 NSA SPECIAL TOM SHARE ASSESSMENT 1. City share of signal at T.H. 5 & Mitchell $50,000 $50,000 - Rd. & Feasibility study for T.H. 5 2. Overlay on Mitchell Rd. from T.H. 5 to 15,000 10,0()0 $5,000 Scenic Heights Road 3. Some participation in Schooner Blvd. 50,000 50,000 - project 4. Baker/Mitchell Road cone. to Co. Rd. 60 (Henn Co. - 1980) 5. Scenic Hts. Rd. - Co. Rd. 4 to Mitchell 324,000 204,000 120,000 Rd, including trail. (Improve- meet ordered by Council - currently ring designed) 6. Valley View Rd. - Golf View Dr. to West- 1,070.000 780,000 290,000 gate Blvd. If shoo-fly is necessary, (450,000) (450,000) add $450,000. (Feasibility report ordered) i 7. Preserve Blvd. - E/W Pkwy. to Schooner 458,000 291,000 167,000 Blvd. (Feasibility report ordered) 8. E/W PkwY. - Chestnut Rd. to Mitchell Rd. 417,000 253,000 164,000 (Improvement ordered by Council - cur- rently being designed) 9. E/W Pkwy. - Preserve Blvd. to 2500' west 357,000 229,000 128,000 10. Valley View Rd. from Co. Rd. 4-to 900,000 800,000 100,000 Hidden Ponds 3,641,000 2,667,000 974,000 (450,000) (450,000) $358,000 MSA balance 12/31/75 127,000 1976 allotment 140,000 1977 est. 150,000 1978 160,000 1979 170,000 1980 $1,105,000 MEMO TO: The Mayor, Members of the City Council THRU: Roger Ulstad, City Manager FORM: Marty Jessen, Director of Community Services AJ, SUBJECT: Co. Road 4 Bikeway/Hikeway DATE: February 6, 1976 We have completed a more detailed analysis of the proposed bikeway along Co. Road 4. Attached is a schematic trail location map which shows the trail lying west of Co. Road 4 throughout the entire length of Eden Prairie with the exception of that part lying north of Purgatory Creek up through Birch Island Lake Park. The estimated cost of the entire bikeway system on both sides of the road is i approximately$112,000. The cost of that part of the trail lying west of Eden Prairie Road is approximately $96,000. As you know, we have previously been allocated $67,000. from the Federal Aid to Urban (FAU) Fund for the bikeway leaving a net cost to Eden Prairie of $30-$45,000. I've discussed this matter with representatives from the Hennpin County High- way Department and can report the following: 1. They see no problem or conflict between the existing shoulder/trails whict+ they have installed along Co. Road 4 north of 5 and the proposed Eden Prairie bikeway/hikeway system. Art Lee said that they would be very happy to eliminate the shoulder/trails in favor of the separated trail along this route. Mr. Lee is of the opinion that by separating the con- flict users (bikes from cars) the capacity of 4 can be maximized thus extending it as a rural section as long as possible. 2. Placement of the bikeway/hikeway surface within the Co. Road right.of-way is completely acceptable and they are willing to work with us for a desirable placement of the trail within that right-of-way. 3. The County Public Works Department has proposed in their capital budget an allocation for participation with municipalities in constructing trails within or adjacent to Co. Road right of ways. From this fund, if approved by the Board, they would pay up to 50% of the local share as a direct grant to the municipality for construction and installation of bikeways. i -2- Based on this information, it would appear that our current financial situation could look very desireable and might be summarized as follows: Total Project Cost $96,000.-$112,000. 1975 FAU Funding $67,000. Local Share $29,900.-$45,000. Possible Co. Participation $14,500.-$22,500. Net Local Share $14,500.-$22,500. 1976 Community Develop- $14,500.-$22,500. ment Allocation In the process of final construction design and specifications the need for some outside techanical services may be necessary. Surveying of right-of. way of final trail locations and final engineering drawings may have to be done by an outside consultant because of limited staff availability. We would suggest that Chris Enger would be responsible for the overall supervision and development of the design, but the availability of technicians to do selected assignments within this overall process may be necessary. The potential cost of these services could be us pt $6,000. (as estimated by the staff). RECOMMENDATIONS Based on the above, I would recommend as follows: 1. The Council should direct the staff to prepare the necessary final design plans and specifications for the construction of the bikeway as shown on the attached map. 2. The Council should authorize the staff to secure the necessary outside technical services for the preparation of the final design, plans and specifications. 3. The Council should direct the staff to prepare an application to the Hennepin County Highway Deapartment for funding the proposed trail. 4. The Council should direct the staff to contact the adjacent landowners as to the necessary right of way (if any) in the proposed construction plan. /0 7� -3- 5. The Council should direct the staff to resubmit the Co. Road 4 bikeway/ hikeway for 1976 FAU Projects (this is necessary because the new fiscal year for FAU Funding will begin shortly and the necessary contracts and obligations may not be committed prior to that time and as such we may loose our FAU eligibility if we don't request this 6tention). /8�3 �,.�•t;. �j .E�, ice' ,..,•.. ,3��• �;��i� .,..M1...� is s,,r l�•;:s� ��; �.� � w., [N0.NIfp',SEN �11 Q Fr�Ij .!Z . 3 I. �!n Ir.MK f / Ri4 1 IIIIF (� nN.iS• �,• a Y r.- �'' —�r �• � F W� �/ r• •� - ..tip } cam'•"=� �'`` V, -tilt.�.ocf�ila�! TO: Mayor and Council THRU: Roger Ulstad, City Manager FROM: John D. Frane, Finance Director DATE: February 6, 1976 RE: Bids for Civil Defense Warning Sirens Bids were opened at 11:00 a.m., Febraury 2, 1976: ELECTRIC SERVICE CO. Base Bid $14,b22.00 Painting of Sirens and Controls 200.00 Steel Poles 1,394.00 LEHM ELECTRIC CO. Base Bid $13,128.00 Painting of Sirens and Controls no bid Steel Poles no bid exception: "Costs do not include Telephone Co. costs for 7905 Mitchell Road" Lehn Electric was contacted and asked what the exception meant. They have not responded as of today. Award to Electric Service would affect the budget as follows: Base bid $14,022.00 Less: 50% Federal Grant S7011.00 25% State Grant (3:505.50) Jaycees donation (2,000.00) NET $ 1,505.50 Add: Painting and Poles 1,594.00 TOTAL COST $ 3,099.50 The budgeted amount is $3,500.00 JDF:bq 2/6/76 J012 9 2�376 YEDENVALE,INC. 7766 Mitchell Road•Eden Prairie,Minn.55343.6121941-5300 January 27, 1976 Honorable Mayor and City Council c/o Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Honorable Mayor and City Council: The conditions on the zoning ordinance approving the Edenvale Plaza Shopping Center and the intersection of Valley View Road and Mitchell Road placed a time limit on the start of construction to February 20, 1976. Due to several factors such as the general economic conditions, the shortage of mortgage money, the high cost of construction and the entrance of a competing shopping center at Highway 5 and County Road 4 have made it impossible to start the center within the time established. We are presently negotiating with a developer who feels that they can obtain the needed leases to make the center economically feasible. This may require a phased construction program to coincide with the growth of the community. It looks like we should know these answers within six months and allowing six months for construction plans and six months for financial arrangements would make an 18 month period to commencement of construction. We therefore, request an extension of the existing conditioned zoning commit- ment to June 30, 1977. At that time, if we are successful in our efforts, construction should be underway. I might add that without the zoning commitment remaining in effect, it would make a difficult job almost impossible. We respectfully request this extension of zoning to June 30, 1977. Yours truly, EDENVALE, INC. Donald R. Peterson DRP/so JAH 2 91976 L �==-� league of minnesot,a municipalities . 1I11�J January 27, 1976 TO: Metropolitan Area Management Association Managers FROM: G. Stevens Bernard, Chairman M.A.M.A.-Local No. 49 Negotiating Committee SUBJECT:, STATUS OF M.A.M.A.-I.U.O.E., LOCAL NO. 49 IMPASSE INFORMATION The M.A.M.A. Negotiating Committee's letter to you of January 23, 1976 which included a copy of the Bureau of Mediation Service's Certification of Impasse, indicated that another mediation session would be scheduled in the near future. On January 27, 1976 the M.A.M.A. Negotiating Committee requested in writing such a meeting in order to continue efforts to resolve the impasse. Failure of the parties through mediation to resolve the dispute prior to February 7, 1976 will result in the union having the legal right to strike since M.A.M.A. will not agree to arbitration. At present there is no indication that the union members will engage in a strike either in whole, involving all twenty-one municipalities covered by the Joint bargaining, or in part by the employees of certain municipalities. ACTION NEEDED j 1. As per the strike contingency plans given to each municipality, your Committee urges that you: a. Send a letter to all Local No. 49 bargaining unit employees involved in this impasse in your community; and b. Post a copy of this letter. A suggested sample copy is attached. This letter is not meant to be all inclusive, but represents the first communique with your Local No. 49 bargaining unit employees regarding the impasse and information regarding what may follow. 300 hanover building. 480 cedar street. saint paul. minnesots 55101 U312)222-2881 .1 STATUS OF M.A.M.A.-I.M.E., -2- January 27, 1976 LOCAL NO. 49 IMPASSE 2. Since this Committee will act as the central coordinating strike contingency committee for M.A.M.A., please send the following infor- mation to Labor Relations Associates, Inc.: a. A copy of any resolution passed by your council with regard to this matter. b. A copy of any communiques to Local No. 49 bargaining unit employees. c. A copy of any press releases your community provides to local newspapers. d. A copy of any articles printed in your local paper regarding this matter. Providing this information to your Committee will enable us to be more effective in assisting you with questions and problems. Your Committee also reminds you that you might consider the level of supplies you will have on hand as of February 7, 1976 such as fuel oil, liquor stock, gasoline, sand, salt, and chemicals for sewer and water, ete. The attached press release matbrial is outlined for your information. The Committee will continue to keep you advised. Questions should be addressed to either myself, Cy Smythe or Karen Olsen at Labor Relations Associates, Inc. 227-7541. tevens rnard, Ch n M.A.M.A.-Local No. 49 Negotiating Committee CSB:hfc 2 Attach. U4 DATE: TO: All Employees in the City of I.U.Q.E., Local No. 49 Bargaining Unit FROM: City Manager SUBJECT: CERTIFICATION OF IMPASSE IN NEGOTIATIONS On January 22, 1976 the Director of the Bureau of Mediation Services declared that an impasse has been reached in negotiations between the City and I.U.O.E., Local No. 49. In accordance with the Public Employment Labor Relations Act (P.E.L.R.A.) of 1971, as amended, if the City chooses not to go to binding arbitration by February 6, 1976 employees in the I.U.O.E., Local No. 49 bargain- ing unit will have the legal right to strike after February 6. A strike is defined by P.E.L.R.A. of 19710 a:: amended, in 179.63, Subd. 12 as follows: "Strike" means concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges, or obliga- tions of employment." In the event that any employees in the bargaining unit represented by I.U.O.E., Local No.. 49 do strike, wages during the strike period cease. In addition, striking employees do not continue to accrue any of the existing fringe benefits, nor can they use any such benefits. This includes, but is not limited to the following benefits, as examples: 1. Holiday Pay 2. Vacations 3. Sick Leave 4. Retirement Contributions g. Seniority As indicated above, during a strike all wages and benefits stop. However,' striking employees will be given an opportunity to pay for continuance of insurance premiums as they come due. Therefore, any employees participating in a strike may make arrangements with the City to pay their own insurance coverage if they wish this coverage to extend during the strike period. I Do PRESS RELEASE INFORAATION Q, Who is bargaining? i A. Twenty-one metropolitan area municipalities bargaining jointly with the International Union of Operating Engineers, Local No. 49 involving public works personnel. Brooklyn Center Maplewood Brooklyn Park Minnetonka Burnsville Mounds View Circle Pines New Brighton Columbia Heights New Hope Crystal Richfield Edina Robbinsdale Fridley Roseville Golden Valley St. Anthony Hopkins St. Louis Park White Bear Lake Joint bargaining of this nature has been conducted for over nine years between metropolitan suburbs and Local No. 49. This is the first time there has been an impasse. Q. What is the issue? A. There are four issues at impasse. Wages - The last offer of the municipalities for the calendar year 1976--was a 7.4% average increase which is .2% above the last Twin Cities Cost-of-Living figure as reported of 7.2%. The last demand of the union for the calendar year 1976 was for an increase slightly in excess of 12% for one year or approximately 5% above the last reported Cost-of-Living increase for the Twin Cities. Other issues - involve vacation schedules, working-out-of-classification pay and length of contract. However, these issues are considered to be of lesser importance than the issue of Wages for 1976. Q. What is the number of employees involved in the twenty-one communities? A: 510 Q. What is tle number of employees involved in (your) community? A. Q. Can employees legally strike? A. Yes - After February 6, 1976 if arbitration is not agreed to prior to that date. January 27, 1976 / r/ - , T �•J CLERK'S LICENSE APPLICATION LIST February 10, 1976 CONTRACTOR (Multi-family & Comm.) 3.2 BEER ON SALE Gibson Enterprise Schmidts Market Hustad Development Corp. 3.2 BEER OFF SALE CONTRACTOR (1 & 2 Family) Schmidts Market I Dole, Company Medallion Enterprise CIGARETTES & TOBACCO Palmer House Builders Schmidts Market HEATING & VENTILATING VENDING MACHINES C. 0. Carlson Air Conditioning The Moore Way GAS FJTTER Interstate United Corporation Cedar Hills Golf & Ski j T. D. Gustafson Co. Canteen Company of Minnesota The Wye Cafe PLUMBING FOOD LICENSE TYPE C Backdahl & Olson Plumbing & Heating Olympic Hills Golf Club T. D. Gustafson Co. Lyon's Tap Harris Brothers Plumbing Co. Edenvale, Inc. London Plumbing Company, Inc. Eden Prairie Grocery WELL DRJLLING FOOD'ESTABLISHMENT LICENSES Donald A. Rogers Eden Prairie Methodist Church Eden Prairie Schools GARBAGE & REFUSE FOOD LICENSE TYPE A Ralph W. Bright McGlynn Bakeries, Inc. PRIVATE KENNEL Sears, Roebuck & Co. The Wye Cafe Harold Nordsletten CANDY STORE Sears, Roebuck & Co. The Wye Cafe These licenses have been approved by the program head responsible for the licensed activity. Rebecca Quernemoen, Deputy Clerk ,I