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City Council - 01/13/1976 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 13, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel William Bye Joan Meyers s Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix City Engineer Carl jullie Director of Community Services Marty Jessen Planning Director Dick Putnam Recording Secretary Joyce Provo t INVOCATION - Councilman Tim Pierce 3 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 7/31/76) 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 Count Y Committee (South Hennepin Route Ridership Study: 3 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. Council Minutes - 2 — Tues. ,January 13, 1976 III. ORDINANCES & RESOLUTIONS A. Resolution No. 1075 , a resolution supporting Federal Revenue Shari 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 I 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 un•anirnously. MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 1075 as amended . Motion carried unanimously. B. 2nd Reading of Ordinance No. 31.0 , Fee. Ordinance City Manager Ulstad explained that as per the Council's direction he has met with City Engineer jullie and three of the active mining owners and operators in the City of Eden Prairie. City Engineer jullie spoke to his memo dated January 13 , 1976 outlining a reasonable and acceptable schedule of permit and license r 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 (O to 25.000 c.y. ) total plan volume $200.00 $100.00 $ 1,000.00 3 II. Borrow Pit, with 25,000 - 75,000 animal 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. 16116 Qouncil Minutes - 3 - Tues. ,January 13 , 1976 B. 2nd Reading of Ordinance No. 310, Fee Ordinance (continued) IL 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 and letter of guarantee requirement 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. t `a 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. �w. Meyers questioned if these two public hearings had to be held i 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 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. I /(U 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 Ulstad 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 I . Approve plans and specifications and order advertisement for bids on lateral sewer for Creekwood Estates 2nd Addition, I. C. 51-280. i City Engineer Jullie outlined Resolution No. 1076 noting that bids would be opened at 10:00 AM on Monday, January 26, 1576 , 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 e a 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. ��7G 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 transfers and/or landuse in transition zones , consideration of creating a Flood Plain Zone in Ordinance F No, 135, and that the Parks , Recreation & Natural Resources Commission prioritize acquisitiron of conservancy zone areas and outline costs, funding sources and projected timetable. 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 . 1 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 R Recreational Improvements memo dated Decembe. 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. 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 . t 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. 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. 9 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 Councilyand 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 fc.- 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 . 3 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 parttirne Council working with a fulltime technical staff. If it would be reversed , he would be fora Council liaison, z 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. Council Minutes - 8 - Tues . ,January 13, 1976 r 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. P E. Report of Finance Director 1 . Clerk's License List i 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 3 Council agreed. B. Bicentennial Committee Penzel inquired as to the activities of the Bicentennial Committee. Director of Community Services ressen 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 as 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 in supportofthe 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. r F. Personnel Policy U.:;tad 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. 1 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 Bridge #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. lG 63 Council Minutes - 10 - Tues. ,january 13 , 1976 i 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 Cfty 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. i VI. ADTOURNMENT MOTION: Bye moved, seconded by Meyers , to adjourn the meeting at 10:35 PM. Motion carried unanimously_ a , t j i ��5y