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City Council - 02/10/1976 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 10, 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 Perbix City Engineer Carl jullie Director of Community Services Marty jessen Planning Director Dick Putnam Recording Secretary Joyce Provo INVOCATION - Reverend Jerry Udstuen, Eden Prairie Presbyterian Church ROLL CALL - All Members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the New Business category: n Public Hearin A. Setting of P Hearings . B. Desire of the Planning Commission to have a joint meeting with the City Council. j 5 C. Discussion of information received from Hennepin County regarding Townline Road. D. Hennepin County Transportation System Study and meeting scheduled for March 4 , 1976. _MOTION: Bye moved, seconded by Pauly, to approve the agenda with the • inclusion of the four afore mentioned items under New Business category. Motion carried unanimously. II. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY. TANUARY 27 , 1976. Page 4, 2nd line from bottom of page, strike "HUD" and insert "MHD" . Page 7, para . 4 , line 5 , strike 2nd "Motion carried unanimously" . " para . 6, 2nd line , after "reduce" add "the volume of" . " para. 7 , lines 3 and 4 , strike "which are to be added to February 3, 1976 Clerk's License List" and insert in lieu thereof "and direct the staff to compare same with 1975 license list and report back to the Council on February 3" . MOTION: Meyers moved , seconded by Bye , to approve the minutes of the January 27 , 1976 Council meeting as published and corrected. Motion carried unanimously. III.REPORTS OF OFFICERS , BOARDS & COMMISSIONS A Reports by Council Members ' t 1 . Councilwoman Pauly reported on the Planning Commission meeting held Monday, February 9 , specifically noting the Commission's request for a joint meeting with the City Council. B. Report of City Engineer 3 1. Gravel Mining request for Swendseen Property at N.W. corner t of Valley View Road and Washington Avenue. 4 City Engineer jullie spoke to his memo dated February 5, 1976 and answered questions of Council members. MOTION: Meyers moved, seconded by Bye, to approve the mining permit request of johnscn Bros. Corporation to operate a gravel mine on the Swendseen property at the northwest corner of Valley View Road and Washington Avenue in accordance with the application submitted by Gerald M. Sunde dated December, 1975, subject to approval by the Nine Mile Creek Watershed District, approval of the proposed grading in accordance with the application submitted December, 1975, substituting ' the Smetana Lake Sector Plan in lieu of Exhibit 2 of said application, and receipt of $2,p 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. City will be reimbursed for all restoration costs which could occur to the City in excess of the $10,000 bond amount. Motion carried unanimously. 2. Discuss priorities for MSA street improvement funds . s City Manager Ulstad requested the Council review the list of priorities of MSA Improvements (dated 2/5/76) and determine the appropriate priorities so that certain feasibility studies and design work now in the process can be completed and/or adjusted to reflect such priorities. The Council reviewed the list and commented on each one individually. MOTION: Meyers moved, seconded by Pauly, that staff take the comments of the Council as a guide in setting the priorities for MSA improvements through the year 1980 (as per list dated 2/5/76) as follows: 1 , 2 , 3 and 4 are predetermined, 5 , 6, 7 and 10 are very equal, and 8 and 9 to be deleted Further the Council authorizes the staff to proceed on behalf of the City to communicate with the Public Service Commission regarding item 6. Motion carried unanimously. �sVULIVLi 1rs C. Report of Director of Community Services 1 . Report on the Feasibility of a Bikeway/Hikeway Trail along County Road 4 . Director of Community Services jessen spoke to his memo dated February 6, 1976 and responded to questions asked by Council members. 8 MO TIO N: Meyers moved, seconded by Bye, to approve recommendations of Staff Report dated February 6, 1976, amending 1 to read that the trail south of Highway 5 be on the east side of County Road 4. Motion carried unanimously. 5 MOTION: Pauly moved, seconded by Pierce, to authorize the City Manager to hire such technical assistance as he deems absolutely necessary, not to exceed $2,000, to assist with this project. Motion carried unanimously. 2. Discussion for concept plan -forArea H of The Preserve. Councilwoman Pauly spoke to the motion passed by the Planning Commission at their meeting held February 9, 1976 pertaining to Area H. r Don Hess, representing The Preserve, appeared before the Council j and outlined the plan for Area H. MOTION: Bye moved, seconded by Pierce, to end the discussion and move on to the next item of business. Motion carried unanimously. D. Report of City Manager 1 . Award bids for 2 Civil Defense Warning Sirens . r City Manager Ulstad spoke to memo from Finance Director Frane dated February 6, 1976 , and recommended that the bid be awarded to Electric Service Company. MOTION: Meyers moved, seconded by Bye, to award the bid for 2 Civil Defense Warning Sirens to Electric Service Company in the amount of $15 ,616 .00 . Motion carried unanimously. 2. Information! regarding meeting at Minnetonka City Hall on Wednesday, February 11 , 1976. 1 Ulstad explained that the suburban coalition is concerned about Minneapolis going to the State Legislature to eliminate the use formula that is applied to the suburban community pertaining to General Hospital. Minneapolis' request could well be to increase this cost to the suburban communities . Council Minutes y 4 - rues. ,r'eoruary iu, ly/o 2 . Information regarding meeting at Minnetonka City Hall on Wednesday, ( _February 11, 1976 . (continued) It was the consensus of the Council that the City Manager attend the meeting on February 11 at the Minnetonka City Hall relaying the message that Eden Prairie is opposed to . being taxed in excess of our actual use of such facilities to the benefit of other communities. 3. City Manager's Sala MOTION: Bye moved, seconded by Pauly, that the City Manager's salary be set at $29,400 effective March 15, 1976, and that we have been most pleased with the services from the City Manager. Roll Call Vote: Bye, Meyers, Pauly, Pierce and Penzel voted "aye" . Motion carried unanimously. 4. Dakota County League of Municipalities Resolution f i City Manager Ulstad outlined a sample resolution concerning the Minnesota Municipal Aid Formula. MOTION: Pierce moved, seconded by Pauly, to adopt a similar resolution (Resolution No. 1094) concerning the Minnesota Municipal Aid Formula to be sent to the Hennepin County Legislative Delegation. Motion carried unanimously. S. Eden Plaza Shopping Center, at Mitchell and Valley View - request for extension of zoning from Donald Peterson, Edenvale, Inc. City Manager Ulstad outlined Edenvale, Inc. request as per letter from Donald Peterson dated January 27, 1976. 1VI0TION: Meyers moved, seconded by Pierce, that we grant an extension of the Edenvale rezoning commitment at the intersection of Valley View Road and Mitchell Road for eighteen months to Tune, 1977, with a progress report due to the City Manager by August of 1976. Motion carried unanimously. r 6. Eden Prairie In Action - Consideration of possible activities. City Manager Ulstad asked the Council if they had any suggestions as to other activities to include at Eden Prairie In Action besides Police, Fire and Parks, Recreation & Natural Resources Commission participation, i 6 . Eden Prairie In Action - Consideration of possible activities (continued) MOTION: Meyers moved, seconded by Bye, to pursue the following activities for Eden Prairie In Action: a) Flyer on Bicentennial Activities, b) Graphic illustrations of the growth in Eden Prairie In comparison to the Guide Plan, c) Update slide presentation, and d) Graphic view of where our tax dollars are going. Motion carried 1 unanimously. i 7. Request from the Parks, Recreation & Natural Resources Commission for a Nine Mile Creek Corridor Study. MOTION: Pauly moved, seconded by Pierce , to instruct the staff to pursue with the Nine Mile Creek Watershed District to share the cost with the City to develop a proposal for the Corridor Study of Nine Mike Creek, and report back to the Council for the approval of the concept. Motion carried unanimously. { 8. Status of M A M.A. - I.U .O.E. , Local No. 49 Impasse. City Manager Ulstad reported that Local No. 49 and local municipalities have resolved and settled their differences , and have agreed to 1976 wage settlements. 9 . Discuss and define areas of inclusion in the Condon/Naegele rezoning , . agreement. MOTION: Meyers moved, seconded by Bye, to return the Condon/Naegele auto dealership proposal to the Parks , Recreation & Natural Resources Commission and the Planning Commission for their recommendations on inclusions in the rezoning agreement as follows: 1) Time limit for building permit; 2) Cash in lieu of land for parkland dedication; 3) Recommendation on the treatment and procedure to follow on the advertising sign zone currently on the property; 4) Site and landscaping plan; 5) Right-of-way dedication; 6) Building design and exterior treatment; 7) Identification signs; 8) Grading and drainage plan; 9) Precise plan of encroachment in 20% of the Floodplala; and 10) Proposed method of constructing and financing of access road. Motion carried unanimously. E. Report of Finance Director 1 . Clerk's License List MOTION: Bye moved, seconded by Meyers, to approve the Cleric's License List dated February 10, 1976. Motion carried unanimously. Council minutes 1 7 2 . Payment of Claims Nos. 8619 - 8736 . Bye requested that an updated list of memberships in associations and conferences be submitted to Council members . MOTION: Meyers moved, seconded by Pauly, to approve Payment of Claims Nos . 8619 - 8736 . Roll Call Vote: Meyers, Pauly, Bye, Pierce and Penzel voted "aye" . Motion carried unanimously. IV.NEW BUSINESS A. Setting of Public Hearings MOTION: Bye moved, seconded by Meyers , to set March 4, 1976 as the public hearing date for the following proposals: 1) Properties surrounding County Road 4 and 5 for possible rezoning to Planned Study; 2) Edenvale llth Addition; and 3) reschedule Fraser School (Muriel Humphrey residences) from February 26 to March 4 , 1976 . Motion carried unanimously. B. Desire of the Planning Commission to have a joint meeting with the City Council. MOTION: Pierce moved, seconded by Penzel, to schedule a joint meeting of the City Council and Planning Commission on Monday, February 23, 1976, City Hall, commencing at 6:00 PM and lasting x no longer than two hours . Motion carried unanimously. C. Discussion of information received from Hennepin County regarding Townline Road. City Engineer jullie outlined letter from Hennepin County dated February 2 , 1976. MOTION: Bye moved, seconded by Meyers , to adopt Resolution No. 1093 approving a 2 inch bituminous overlay on Townline Road from County Road 4 to Woodland Road as proposed by Hennepin County as per letter dated February 2 , 1976 . Motion carried unanimously. D. Hennepin County Transportation System Study and meeting scheduled for March 4•, 1976. City Planner Putnam explained that an advisory board meeting of the Transportation Study Committee is scheduled for March 4 at the Bloomington City Hall. He further stated that he would be in attendance along with some members of the Planning Commission and.City Engineer Juliie. Since it is impossible for any members of the City Council to attend this meeting because of a Council meeting scheduled for this same evening, Mr. Putnam requested the Council convey any comments on to him. Council Minutes - 7 - Tuesday, February 10, 1976 r IV.NEW BUSINESS (continued) ' - �. The following items were referred to or received by the Council. 1 . Communication dated 2/4/76 from the State Highway Department acknowledging our Resolution No. 1084 requesting a speed limit authorization for Schooner Boulevard from TH 169 to West 78th Street. 2. Communication from Board of Hennepin County Commissioners dated February 4, 1976 acknowledging our request to delay any action on the Naysmith-Townsend Residence Hall for Nurses at the Glen Lake Sanitarium. 3. The League of Minnesota Municipalities invitation to attend a "Legislative Conference" on February 18. Mayor Penzel requested that if any Council inember is interested in attending, to contact City Manager Ulstad. 4. Mayor Penzel and City Manager Ulstad are meeting with Congressman Frenzel on February 28, 1976 at 1:00 PM. If the Council has any Items to bring to the Congressman's attention, relay these items to City Manager Ulstad. S. West Hennepin Human n Services Council annual meeting to be held February 11, 1976, at 7:30 PM, Methodist Hospital. All Council members are invited to attend. 6. Councilman Bye requested staff contact Mr. Earl Glomsrud to bring him up-to-date on horse ordinances in Eden Prairie. V. ADJOURNMENT, MOTION: Bye moved, seconded by Pauly, to adjourn the meeting at 10:40 PM. • Motion carried unanimously. ------------