City Council - 02/26/1976 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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'. 7IURSDAY, F BRUARY 26, 1976 7s30 PM, CITY HALL
COUNCIL ME MERSs Mayor Wolfgang Penzel
Joan Meyers '
Billy Bye -
Tim Pierce
Sidney Pauly
COUNCIL STAFF PRESEW: City Manager Roger Ulstad r
City Attoracy Harlan Perbix i4
City Engineer Carl Jullie i
Director of Comity Services Marty Jessen
Recording Secretary Donna Stanley
INYOCATiOIv — City Attoriioy Harlan Perbix ?
PLEDGE OF ALT.EGI."XCE
ROLL CALL — Penzel, I-.eyers, & Pierce present. Bye and Pa-xly absent.
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1. APPRA'lAL Or AGE?:DA AYD OrITUI�:R I2'P1, 1_S OF RUSH:-SS
The following items were requested to be added to the New Business category.
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A. Additional information to be requested of developers and our Staff
::. in reviewing proposals.
B. Clarification of Council position on timing of proponents _
appearance before Council.
C. Request for support of Bloomington Stadium Resolution
D. "Everything Goes" communication from the Minnetonka Community
Services group.
E. Brief mention of the potential need:of a regulating ordinance for
Cab' service in Eden Prairie.
F. Resolution supporting IiF 2143 (change in aid For=ula)
G. Renewal of Membership in the Minnesota League of Eunieipelities
H. Brief discussion of issues to present to Congressman Frenzel at
upcoming meeting of Saturday, February 28,
I. Consideration of the question of the I•ietro Plannirig Bill before
the Legislature.
J. Minnesota Protective Life Insurance Company public hearing.
K. Park u o ordinance. }
MOTION: Pierce moved, seconded by I•layers, to approve the agenda with the
inclus=on of the eleven afore mentioned items under Now Business category.
Mti.on carried unanimzously.
II. APPRO AL, OF I•g1gTTFS
A. MINUTES OF JOII!T CITY COt11"'O L U7D P.R. & NR I-=3 ING EELD WES2 . JAN. .7„2 1976,
Page 1, last sent.,strike "which might •include a swimming pool facility."
MOTION: Meyern moved, seconded by Pierce, to approve minutes of Jan. 27,
1976, joint City Council and P.R. & 14R meeting as published and corrected.
Motion carried unnniriously.
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Council Minutes -2- Thursday, Feb. 269 1976
II. APPROVAL OF ?T12IUT-:s Jcorr 1D
D. Y11MITFS OF THE REGIILAR CITY COUT.CIL 1•=ING HELD TUE.SDAY.
FEBRU yig 3. 1976
Page 4, para. 6, sentence 3, after „station" add "only".
It If 5, after 01976," add "deleting and disapproving
the proposed restaurant."
" 6, para. 4, add after motion "Fenzel requested S'HHSC to furnish
receipts to the City Z:anager."
a 7, pars. 5, after "Commission" add"as recommended by 2ayor Penzel."
HOT1011: Moyern r:�ved, seconded by Pierce, to approve minutes of
February 30 1976 as published and corrected. Motion carried unanimously.
110TIOi:: Meyera moved, seconded by Pierce, to reconsider The minutes of
February 3, 1976 at tho request of Mr. Rusty Irvine. Motion carried
unanimously. }
Page 3, 4-th sentence from bottom, strike "duplexes" add "tiwo family
residence0".
MOTION: Meyers moved, seconded by Penzel, to make the change requested
by Mr. Irvine. Motion carried unanimously.
MTIO11: Pierce moved, seconded by M-eyera,for final adoption of minutes
of February 3, 1976 as published and corrected. Notion carried unanimously. s
�:.. r+ES t� TC rf'ti TT Q r C. MIh�Jlr�.� 0: TIiF REGULAR CITY COUI�,.,II. 7,..'ETI.�G HELD TU:�SD1Y FEBT{UA�tY 0 1 .76
Page 4, para. 1, sentence 3, delete "not interested in" add "opposed to".
" 5, " 4, last sentence, after "constructing" add "and financing of".
14DTIOII: Heyers moved, seconded by Pierce, to approve minutes of
February 10, 1976 meeting as published and corrected. Dbtion carried r
unanimously.
III. RETORTS OF OFFICERS, BOILRDS AND CCINISSIOUS
A. Rerort of City Engineer
1. Receive retition for sewer service iron Min so a Pr tectiye Life
Iwwrance Coi-mr--ny,,
City Engineer Jullie spoke to the petition, explaining that the
estimate for the feasibility study was P2,000.
MOTION: Meyers moved, seconded by Pierce, to approve adoption of
Resolution Ivo. 1095 ordering; preparation of a feasibility report on
Project San 76-1-02, I.C. 51-2S4. Motion carried unanimously.
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Council Minutes -3- Thursday, Feb. 26, 1976
A. Report`of City Engineer (Coat'd)
�• 2. Lkryreenent for 1_;'76 Engineerinn,, Services with Suburban
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En,�neeri.r_a; U'ori-rani.
City Manager Ulstad explained that this was a routine kind of agree-
wont that the City enters into each year for professional services.
MTION: Meyers roved, seconded by Pierce, to approve the agreement for
professional engineering services for 1976 with Suburban Engineering Co..
Motion carried unanimously.
3. Re guest frorn 111ITB Inc. cons-ultina enrrineers for copmensation r: to
City I✓4ana ger Ulstad reque-teed that this item be removed from the
Agenda at the request of •the firm in question, as they would libe to
have additional tine, and will. re-submit their request.
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B. Rcp✓ort of City Yannagn
1. 13is:�t�ssion of 1,11re Ordi.nanca.
City Manager Ulstad spore to the co=unication received from the
Pokers Dry Goods Go. requesting •`ube necessary information to permit
serving of wine or beer as a beverage with a real on the promises.
Ulstad explained that an ordinance had been developed for review
by the Council.
MTIOMJ: Pierce moved, seconded by Meyers, to approve the first reading of Ord. '
No. 320 relating to wine licenses and include City tanager Ulstad`s
suggestions on square footage of floor area and seatin;• capacity of dining
area open to the public in restaurants and hotels, and that this ratter
be brought to the Public Safety Director by the City Manager before the
second reading. Motion carried unanimously.
Mayor Penzol requested that City Attorney Perbix speak to the subject of
the wine license fee.
140TIOII: Meyers ers moved seconded b Pierce to approve the 1st reading of Ord.
Y s Y � 9 ,
No. 321 , regulating fees and charges for business licenses, permits and municipald
services amending_Ord .No. 280, with the on-sale wine license fee to be in the
2. Vmowt�t of $2 000. Motion carried unanimously.
roi . on _ r,in_di,Crr
City Marsag;er Ulstad informed the Council members briefly on the prog-
ress of placing Schooner Boulevard on the FAU system. He said they were
about half-way through the process and that it would be finalized about
mid April.
3. Roviow of Nenneni n County Tnnnsportntion Plnnninrr.
City Manager Ulstad informed tho Council, that Hennepin County had
called n public licaring, on March 4 to be neld at Bloomington City liallp
which is in conflict with schedulod Council meating, but request will be i
made that Hennepin County appear before the Council and discuss further
changos you may require. 1[e said that F.P. will be represented on M•Sarch4o rcr
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Couacil Minutes Thursday, February 26, 1976 f
H. Report of City Mana!e_ (Copt d)_
4. Recort on meetins at llir_netonka City Hall, re: "Use Formula
General nos-oital".
City Y._t::ager Ulstad reported on the :meeting held to discuss "use
formul<, '; tegardin- Gcreral hospital, and the effects the proposed
change ;r:)uld have on suburban coaaauriitics, which would result in an
100% in ;rease .
MOTI0.:: 21Eyers novecl, seconded by Pierce, to adopt Resolution No. 1101
tranrr.-.itting our feelings on "use formalall-General Flo spital to our
legirlc,tcrr. in the douse cnd Senate and to the news media. b?otion f
carried uruiaizwusly.
C. iRegort of Director of Commnity ,Sgrc-ices
1. 14-,mo on Grentive Tag Struc.-tt?re- for F;ore.,t Fills School.
Co=mni ty Services Director Jessen spoke to the mesa of February 13,
1976, explaining the make-up of the structure, along with estimate
of costs of about a2,70O for materials, with the Vo-Technics]. School
helpin,e; with the m-anufacture of it.
MOTION: Meyers moved, seconded by Pierce, to approve creative play
structure approved by the PR & :.'R Comrission and explained by Jessen.
Motion carried unantmusly.
2. Memo on Joint Projects with Riley-Purgatory Watershed District. �
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Jessen spoke to the memo of February 13, 1976, on the three projects
proposed for funding as out-lined on the memo. Jessen responded to
• questions from the Council. t
HDTICN: Meyers moved, seconded by Pierce, that the Staff be directed
to approach the Riley-Purgatory Creek Watershed Dio trict on the first
two priorities as reco=iended by the PR & 21R Commission and initiate
negotiations for financing as outlined in the newo of February 13.
1976, and Co back to the PR & NR Commission for further recommendations
. on the Mitchell Lake park areas .
D. Reoort of Finance Director
1. Payment of Cl.ainn,
MOTION: Meyers moved, seconded by Pierce, to approve the Payment
of Claims of 1'os. 8654-1862. Roll Call Vote: Pierce, Fenzel,
and 1•10yers voted "aye". 14otion carried unanimously.
2. Clerk t s Liccn:;e -1-int
MOTION: Pierce moved, accorded by Meyers, to accept the, Clerk's
License List dated February 24, 1976. Motion carried unanimously.
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Council Minutes - 5 - Thursaay,, reroruai y G u , zz
IV. NEW TBUSINFSS
A. A.ddittonnl inforration to bo renuest,ed- of developers and, ourLStaff
in reyi a vinry xrono sc l s.
Councilwonan Meyers stated her request for additional requirements from
developers and Staff to be adopted as part of proposal review. -
M=10N: Ylevers moved, seconded by Penzel, that the Council adopt as part
of the requirements of a proponent, information as to dollar value of his x
project, and Job opportunity break-down for both co=ereial and industrial;
and request Staff to provide. infor..a.tion on the existing market value and e.-cisting
real estate tsxe:, projected market value at the completion
of the project, and estimate of taxes at the completion of tno project, w3.th
the City and School District's share taken into account. Penzel requested
an addition, ar;reed to by ANr_•.rrrs, a request for projected costs to tiie City
in the co3ra erci al :area. Lotion carried unanimously.
B. Cleri ficatior of Co�lnci.! rorition awn, Vbni.n,a of -proponents f
8l�p;ltr•a^ce b�.:or�: :;oun.:il.
Councilwonan lfeyers s-roko to the concept plan for Area H of the Preserve
presented by Mr. Don riess and to the Planning Commission's meeting of Feb. 9. E
It was brought to the Council's attention that the Preserve requested the
opportunity to discuss Area H and not the Planning Commission 's request.
Penzel directed the Staff to suggest that a letter be submitted by applicant
when such a request is brought up .
C. Request for of B1onTMdn-ton Stadium Rcsolut_ion
Councilvoman Vayers spoke to request by Bloomington for support of the
resolution to put any stadium proposal to a vote by the people.
MDTIGN: Xeyers moved, seconded by Pierce, to adopt Resolution 1102 distributed
this evening, calli.nR for State Legislators to put stadium proposal to a. vote
of the people of Unnesota. 1,:otion carried unanimously.
D. co_runic-.tion fro: the Mix etonka Corzmn_itv
Srorrir..e^ ryZ•ouy
Mayor Penzel spoke to tho communication received for a competitive
evont to be held at 1,dnnotoe! a Senior high School on Friday, May 14th,
with ginning cor-m-unitics rocs iving monetary awards to go toward their
park program. He invited voltuiteers for the E.P. coach and team.
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Council Minutes - 6 - 1'nursaay, r-epruary zo, ivio
IV. PIEW EUSItIESS (continued)
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E. Brief n(-ntion of the rotential need of a remla.ting ordinance for
cab service in Eden Prairie
Mayor Penzal spoke to the need for such an ordinance to handle potential
problems that may occur.
MOTION: Meyers moved, seconded by Pierce, to request that the Staff
develop appropriate regulative ordinance at this time for cab service
in Eden Prairie. Yotion curried unanimously.
F. Resolution supvortinx_HF 2143 (change in aid Formula)
City Mancgcr Ulstad spoke to the 1..etro co=TMranity mecting held in
Brooklyn Center, regarding resolution supporting HF 2143 (change in `
aid formula).
MOTION: Pierce moved, seconded by Meyers to adopt Resolution Nio. 1103
supporting HF 2143 (Change in Aid Formula j. Motion carried unanimously.G. Renemti�l of Vembershiu in the Minnesota Lea due of 1-borlici.r-2 tip;
City Manager Ulstad stressed the immortance of belonging to this
organization because of the racy services offered. The need to belong
to both 1rt.AtSA, which directed attention to specific problems of the
Metro area,and the Minnesota League of Municipalities, which handled
more general type problems, eras discussed.
City Attorney Perbix supported the membership, and informed the Cozancil
that the League was a tremendous source of information for questions and
materials.
NOTIONt Pierce moved, seconded by Meyers, to direct the City Manager
to renew our annual dues of ;;1313, which provides us with a membership
for the calendar year of 1976. Motion carried unanimously.
H. Brief direr sfon of im-mes to rrinnent to Con2ressmsn n:�enze,j at un-
eomin2 meetir., of Februntr_y 28, 1276, (Snturdev)
Mayor Penzal spoke to the meeting; to be held at 1:00 on Saturday and
mutters to be brought up vyhich included: road access considerations-
particularly to Inter-Sta►te highways, our support of the official
Wildlife Plan for the Minnesota River bottom, F&U-Schooner Boulevard,
continuation of revenue sharing, and inquiry relative to any grants
relating to utilities. He asked for any other subjects the Council desired
to be brought up.
I. Consideration of the question of the Yetro FInnnin,,Bill before the
Leeislntoroo_
Mayor Penzal e�cplained that Eden Prairie was at the ed;e of urbanized
zone, with SW corner of our community considered a rural area. He felt
we should :.-upport the establisrsaent of a plan cuch as the Metro Planning
Bill, which has found support by the League of Minnesota Municipalitios.
ADTION: Meyers moved, seconded by Penzal, that Eden Prairie adopt
Resolution No. 1101+ strongly supporting; the rlatro Planning Bill before
the State Lcgislaturo, with instruction to the Staff to inform
Legislators, ldotro Council, and Vows media. Motion carried unanimously.
Council'Minutes = �l = =rIffiursda y,--Febiruarwt 26•; 1976
IV. NEW BUSINESS (continued)
( J. W ota Protective Life Insurance Com an b lie hearin,.
City Manager Ulstad informed the Council of the request by the Minn.
Protective Life Ins. Co. for a public hearlmg.
MOTION: lieyera moved, seconded by Pierce, to set a public hearing for
March 23 for the 11inn. Protective Life Ins. Co., with the understanding
that if the Planning Cor,:uission has not reached a recommendation by that date,
the public hearing will be continued. Motion carried unanimously.-
K. Perk Use Ordi.r
Councilrrzn Pierce spoke to the discussion at recent PR & MR meeting
at vh i.cL it was agreed there eras a need to develop a comprehensive park
,use ordinane;:, because of the mi :ur a of park lands by motorized vehicles.
Mayor Penzel requested the Staff investigate the question and bring
back to tar: Cc-unodl.
y The following; items were referred to o.- received by the Council.
1. Councilran Pierce briefly touched on action of PR & 14R Cormission
concerning:favorable response to Valley View alignment for trail
systom and the Coraaission is looking; for further detail and design
from Staff; -�pi�,rovml of summer recreation program; and 1•fotion regarding
Condon-2dacgele Proposal.
2. 2-Tayor Fenzel spoke to recent planning P►rant to South Hennepin Human
Services Council to see if there was a need for mental health services
in Hennepin County,
3. IbYor Penzol extended invitation to Council members to attend opening
of Eden Prairie Center on Wednesday, March 3, at 8:30 AM.
. 4# Mayor Penzel informed Council members of invitation by Chamber of Commerce
to speak at their meeting on Hareh 18, and requested additional questions
by Council members to be brought up, and information from Staff.
Pierce moved, seconded by Ye;ers, to adjourn. 2'otion carried unanimously.
Meeting was adjourned at 10:D65 P14.
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