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City Council - 01/27/1976 3 3 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 27 , 1976 7:30 PM , CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye ' Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Ferbix 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 #k494 . _ 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 Special 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. \..Vlllll:ll tVlllllllCJ �. ��----� a ♦------• — • �— .. Ar B. Minutes of the Regular Council Meeting held Tuesday, Tanuary 6, 1976. Pg. 5 , strike 1st para . , and insert in lieu thereof: "Vote Tally: Bearman elected unanimously to the Planning Commission for a three year term to 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 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. " Pg. 8, para . 6 , 2nd line, strike "area" and insert "Eden Prairie". as to " 7, 3rd line, after "sirens" add "with alternates of siren color and pole style as allowable" . Pg. 9 , para . 4 , line 5 , strike "Motion carried unanimously" and insert "Bye , Meyers , Pierce and Penzel voted "aye" , Pauly voted "nay" . Motion carried. " Pg. 10, para . 4, 2nd line , after "Feer,ck,"' 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. 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" . z 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 x 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. PUI3LIC HEARINGS .A. Community Development Block Grant Funds for 1976. . Director of Community Services jessen 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. jessen responded to questions asked by Council members . Council Minutes - 3 - Tuesday, January 27 , 1976 A. Community Development Block Grant Funds for 197 6 .(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. N. ORDINANCES & RESOLUTIONS A. 2nd Reading 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 Attc-ney 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 City.Planning 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" • _ x Pg. 3 , item 4 , strike 1st line and insert "That if Owner fails 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, Penzel and Pierce voted "aye" , Meyers voted "nay" . Motion carried. 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: 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 , 1.976 . Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 294 , Eden Prairie Family Recreational Center • by-Eden Develoornent, Inc. , requesting rezoning from I-2 Park to Community f Commercial for a 21 acre site north of T.H. 5 and east of Edenvale Boulevard. A • 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. • 3 MOTION: Bye moved, seconded by Pierce, to. approve the 2nd Reading of s 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 i .submitted to the City Staff and the City.Planning Commission and for a approval by the City Council, subject to the following conditions:" Pg. 2 , [tern 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 fails 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 , Penzel and Pierce voted "aye" , Meyers voted "nay" . Motion carried. V. REPORTS OF OFFICERS.- BOARDS & COMMISSIONS 4. . A. Reports by Council Members . The following Council members offered reports from meetings they attended as a Council Representative: I • 4 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 . s • d Penzel - South Hennepin Human Services Council meeting to be held w in February. B. Report of City Engineer y 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- ' CcaiE7 truction to be the lowest bidder. (Summary sheet dated Jarwary 27 , 1976) . MOTION: Meyer-; moved, seconded by Bye , authorizing the Mayor and Manager to enter into a contract with Parrott-Construction. Inc. , s 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 MHD Agency Agreement. Motion carried unanimously. 1 i 6e.V uuncil Minutes r 5 - Luesgay, January Zi , iy/b B. Report of City Engineer (continued) � �n 5. 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. t 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. g r MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1084 addressed to the State Commissioner of Highways requesting a 40 MPH spe-ed limit on Schooner Boulevard. Motion carried unanimously. C. Report of Director of Community Services a 1 . Valley View Road Bikeway/Hikeway - Recommendation or. Community Development Revenue Sharing 1975 Block Grant. Director of Community Services Jessen outlined memo dated January 22 , 1976. Robert Remakel, 15310 Creekside Court, requested clarification as to specific location. Mr. Jessen illustrated the location of the proposed Valley View Road Bikeway/Hikeway 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. s 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 d Director of Community Services Jessen. spoke to his memo dated January 23 , 1976 outlining the activities of the Eden Prairie Bicentennial Committee. 1 ' r 3 l..Uu11C:11 IVII.I11LUb — v — AU4.t P�.d 'Y , Ja.aaauvar �9.i , 1J/ v 4 a. i D. Report of City Manager t� x 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 cf 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. i 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 chan!3iing March 2 , 1976 Council meeting. City I.:anager Ulstad explained that Homart Development would lik-e 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. MOTION: 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. Council Minutes - 7 - Tuesday, January 27, 1976 D. Report of City Manager (continued) - r - 4 . Letter from businessmen and taxpayers regarding expediting 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) 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 revi-ew. Motion carried unanimously. • x 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 Bargaining 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. 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 the volume of City Council minutes. Motion carried unanimously. . 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 excluslan of the 3 .2 Beer Off-Sale licenses and direct the rztaff to compare same with 1975 license list alnd report back to the Council'ori February 3. Motion _ rr carried unanimously. 2 . Payment of Claims Nos . 8509 - 8618 . _ a MOTION: Bye moved , seconded by Meyers , to recommend approval of tho Payment of Claims Nos. 8509 -- 8618 . Roll Call: Bye, Meyers , Pauly, Pierce and Penzel voted "aye". Motion carried unanimously. Council Minutes - 8 - Tues. ,January 27 , 1976 VI.NEW BUSINESS f 1 . Road Access from Schooner Boulevard to Highway #494 ' City Manager Ulstad explained that he and City Engineer Jdllie had met with the State Highway Department on January 27 I regarding Highway ,#169 and #494 . Jullie spoke to the letter to Honorable Donald H. Fraser dated January 6 , 1976 from Frank D. 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. Request from South Hennepin Human Services Council r 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. Ie1'ayor 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 Penzel 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. I VII,ADJOURNMENT MOTION: Bye moved, seconded by Pierce, to adjourn the meeting at 11:00 PM . Motion carried unanimously.