City Council - 04/06/1976 1
'APPROVED MINUTES '
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 6 , 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
City Finance Director John Frane
Planning Director Dick Putnam
Joyce Provo, Recording Secretary
INVOCATION - Roger Ulstad, City Manager
ROLL CALL: All members present.
I_ APPRDVAL OF AGENDA AND OTHER ITEIVIS OF BUSINESS .
The follo,ling items were requested to be added to the Council agenda:
l A. Shoreline Manaclement Act.
B. Foto Mark 'Waste Wa'er Disposal Pc-rmit . t
C. Chernical Wasteland Disposal Site.
D. Plague to City gouncil from Eden Prairie Fire Department.
MOTION: Bye moved , seconded by Meyers , to approve the agenda with
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the inclusion of the four afore mentioned items . Motion carried unanimously.
II. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, MARCH 23 , 1976 .
Pg. 2 , para . 3 , 1st line, strike "select" and insert "selection"; in the 2nd
line strike "consisting of" and insert "for" .
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Pg. 4 , strike para . 2 in its entirety, and insert in lieu thereof "Liz Retterath
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9011 high Point Circle, The Preserve , felt much thought has been given
to the appearance from 1494, but no thought has been given to screening
of the properties on Leona Road. "
Pg. 4 , para . 5 , line 6 , strike "purchase of additional acreage for" .
MOTION: Meyers moved, seconded by Pierce, to approve the City Council `
minutes of March 23 , 1976 as published and corrected. Motion carried
unanimously.
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III. PUBLIC HL'ARTNG
A . Proposed street improvements on School Road and Eden-Court, I._C. 51-286 .
Mayor Penzel outlined the procedures for Public Hearings .
City Manager Ulstad explained that a petition had been received signed
by 50% of the affected property owners .
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City Engineer Jullie outlined the proposed improvement project, stating 1
that the project as proposed is feasible and will benefit the properties
to be assessed . Jullie responded to questions asked by Council members.
George Robs , 7953 Eden Court, questioned the placing of stop signs in
the near future on Wallace Road and Eden Court, and Wallace Road and
Highway 5 . Jullie , referring to the traffic lights in the intersection of Wallace
Road and Highway 'r5, responded this may happen within the next two years ,
but probably not for five years . 1
William Deckler, 7930 School Road, asked what could be done with kids
driving too fast going to and from the School . Jullie responded that hopefully
the School District will do everything possible to discourage through traffic.
Richard Beyer, 7917 Eden Court, questioned if 3 1/2" bituminous overlay
would be sufficient . Jullie felt this would be enough .
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Glenn Britney, 7823 Eden Court , questioned who is going to decide if
culvef•tS are needed . Jullie responded that the City will have to go out
and make an inspection of each lot and see which culverts are deficient.
Steve Shed , 7941 -:.den Court, noted that more than half of the people are
from, e Solhool `hat use the read and not residents . Questioned if the
School District plans on kicking in any money on this project.
MOTION : hvie5,ers moved , seconded by Pauly, to close the Public Hearing P
and adopt Resolution No . 1112 ordering improvements on I. C. 51-286 for
bituminous having on School Road and Eden Court. Motion. carried unanimously.
It was the consensus of the Council to direct staff to consider the assessment
of benefits to the School District for abutting frontage and traffic generations ,
end also consider the need for traffic signing.
IV . RFSOLUTIONS & DRDINTANCES
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A . 2nd Readina of Ordinance No . 313, granting Carnes/Tangen rezoning_
from_R_ura_l�to RI-22 for 3 lots and Carnes Tan en lard division, preliminary
plat and Registered Land Survey approval .
City Attorney Perbix outlined the rezoning agreement to Council members .
A. 2nd Reading of Ordinance No. 313, granting Carnes/
Tangen rezoning from
Rural to R1-22 for 3 lots and Carnes Tangen land division , preliminary
1 plat and Registered Land Survey approval. (continued)-
Dr. Tangen and Jerry Carnes expressed opposition to that part of the
rezoning agreement stipulating a bicycle path as an entrance to Bryant Lake
Park. Does not believe there would be a practical way to put in this type
of path.
Meyers stated that the City would not be putting in an 8 foot signed and
lighted path.
City Planner Putnam noted that this path would not serve as a drop-
off point for Bryant Lake Park,and suggested conveying the path to the
Willow Creek Association.
MOTION: Meyers moved , seconded by Pierce, to approve the 2nd Reading
of Ordinance No. 313 , granting Carnes/Tangen rezoning from Rural to
R1-22 for 3 lots,and to further instruct the staff to withhold
publication of Ordinance No . 313 until revised rezoning agreement is signed
stating that a walkway for pedestrians be provided connecting across
Tract F. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1118
approving the preliminary plat and final plat of the Carnes/Tangen land
division. Motion carried unanimously.
B. 2nd R--adincg of Ordinance No . 299_Msden Bills Addition, and
Resolution No. 1117_clranting finaI_pl�!t approval.
Lee Johnson, The Preserve , answered questions of Council members .
Meyers stated she would like Garrison Way signed to denote it as a
temporary deadend .
MOTION: Meyers moved, seconded by Bye, to approve the 2nd Reading
of Ordinance No. 299 . Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to approve Resolution 1117
approving Final Plat of Amsden Hills. Motion carried unanimously.
C. Resolution Into. 1108 stating guidelines for City financing of improvements
to serve undeveloped roperty.
City Manager Ulstad spoke to Resolution No. 1108 , City Engineer
Jullie's memo regarding proposed 1976 projects which will require
bonding, and communication from Robert Ehlers dated April 1 , 1976 .
MOTION: Pauly moved , seconded by Bye , to adopt Resolution No. 1108
stating guidelines for City financing of improvements to serve undeveloped
property. Motion carried unanimously.
Council Minutes - 4 - Tuesday, April 6 , 1976
D. Resolution No . 1111 approving Dcpzjrtment of Public Safety Radio J
Service with�lIennepin County for Year 1976 .
City Manager Ulstad spoke to Resolution No. II11
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
1111 , approving Department of Public Safety Radio Service with
Hennepin County for year 1976. Motion carried unanimously.
V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members-
1 . Councilman. Tim Pierce reported on the following:
. . Environmental Impact Study hearing on March 25, 1976
. . Chamber of Commerce activities
. . Parks , Recreation & Natural Resources Commission
meeting on April 5 , 1976 .
B. e_port of Planning-Director
1 , Guide Plan Update - Planning Commission's recommendations
on update process .
City hfanager Ulstad recommended the Council approve the contract
with ?1ra-uer & Associates and submit same to City Attorney for final
review.
CounciiVJornan Meyers felt final product lacking in development and
adoption of new and/or revised implementation tools . She further
stated she could not support the City entering into this contract
noting that the guide plan needs updating, but does not feel the process
proposed by the consultant will provide the needed product.
Councilman Pierce questioned the price and services the City wild
be receiving. Pierce further stated that he is In favor of an update
of the Guide Plan, but finds it difficult to vote "yes" or "no" on this
particular proposal .
Don Brauer, Brauer & Associates , answered questions of Council
members .
MOTION: Pauly moved , seconded by Bye , to approve the contract for
professional services with Brauer & Associates to update the Guide
Plan (Contract dated April 1 , 1976) . Pauly, Bye and Penzel voted "aye
Meyers voted "nay", Pierce "abstained". Motion carried,
Council Minutes - 5 - Tuesday, April 6, 1976
C. Report of Director of Community Services
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1 . The Tree Disease Program. for 1976 .
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Director of Community Services jesse'n spoke to his memo dated
April 2 , 1976 regarding the 1976 Forestry Program.
MOTION: Meyers moved , seconded by Pierce, to approve the 1976
Forestry Program as per memo dated April 2 , 1976 from Marty lessen
with the clear understanding that the part-time position not turn
into a full time position. Motion carried uinanirnously.
MOTION: Meyers moved , seconded by Pierce, to adopt
Resolution No . 1110 for a subsidy program to assist landowners
in the removal of diseased trees from residential properties .
Motion carried unanimously.
D. Report of City Engineer
1 . Consider bids received on April 2 , 1976 , for utility and street
pproyernents servin Areas F and G of she Preserve's Commercial
Plan and acjac:-nt areas , I.C. 51-274 .
City Engineer jullie outlined bids received April 2, 1976 and
recommended awarding the bid to G. L. Contracting, Inc.
MOTIONT: Bye moved, seconded by Meyers, to adopt Resolution
No. 3113 awarding tYe rid to G . L . Contracting, Inc . in the E
arnoUnt of $487 ,832 . 40 for Improvement Contract 51-274 .
Roll Call dote: Bye , Meyers , Pauly, Pierce and Penzel voted
"aye" . 10otion carried unanimously.
2 . Receive petition for bituminous seal coating on Starinq Lane and
RiAge_Road and set public hearing date for May 4 ,_1976 , I. C. 51-287.
City Engineer jullie spoke to Resolution No. 1115 , and acknowledged
petition received from residents requesting same.
MOTION: Meyers moved , seconded by Pierce , to adopt Resolution
No. 1115 , receiving petition, calling for hearing for 5/4/76 and ordering
preparation of a feasibility report for I.C. 51-287 , and direct staff
to consider the life expectancy of this improvement when making
assessment recommendations . Motion carried unanimously.
Council Minutes - 6 - Tuesday, April 6 , 1976
. D. wort of City Engineer (continued)
3 . Receive petition for severer and water improvements on Industrial
_Drive , south of Co .Rd, 67 and order preparation of a feasibility
report, I. C. 51-288.
City Engineer Jullie spoke to Resolution No. 1114 and petition
received in support of proposed improvement.
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MOTION: Meyers moved , seconded by Pierce , to adopt
Resolution No. 1114 receiving petition and ordering preparation of
a fea sibili-ty report for I . C . 51-288 , and further to direct the staff
to explore the possibility of utilizing Minnetonka's water supply 1
temporarily for this project. Motion carried unanimously.
4 . Receive pctiti.on from Pemtom , Inc . , for utility and street
im roverr_nfis for the Mitchell Lnice PUDand order preparation
of a feasibility report, I. C. 51-289 .
City Engineer Jullie spoke to Resolution No . 1116 and letter
from James Hill, P . E. ,Senior Vice President, Pemtorn, Inc . , dated
March 24 , 1976 .
MOTION: Meyers moved , seconded by Bye , to adopt Resolution ;f
No. 1116 receiving petition and ordering preparation of a feasibility
report on I. C . 51-289 , and further to attach to resol,utlont as Exhibit "A"
the letter from Jam-es I-Jill , Pemtom , dated March 24 , 1976 . Motion
carried unanimously.
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5 . Prairie East 2nd AdditLon prgliminary and final plat approval.
Director of Community Services Jessen suggested the City apply
to the proposal a park fee of $300. 00 per lot and the construction of an
8 foot wide bituminous pathway. i
MOTION: Pauly moved, seconded by Pierce , to adopt Resolution
No. 1119 and the 4 points listed in Engineering Staff Report dated
March 31, 1976 , change pathway to a 8 foot wide bituminous surface , and
add $300 . 00 per lot cash park fee. Motion carried unanimously.
Mayor Penzei noted that the time had reached 11:00 PM , the adjournment
time for Council meetings unless waived by unanimous consent of the Council .
MOTION: Pierce moved, seconded by Pauly, to continue on with the Council
4. meeting past 11 :00 PM . Motion carried unanimously.
(.OUI;(.:11 — 1 — '.l'ut:s 'lay, i prll C , 1J/6
D. Report of Cif Fngi.ne(--r (continued)
6 . Resolution approving plans , specifications and special provisions
sub
mit.,�d IDv Iinnll�in Coul-ily for bridge construction at Valley_
View ;:oad and County Road 18.
City Engineer Jullie spoke to Resolution No . 1120 .
h101JON: Bye moved , seconded by Pauly, to adopt Resolution
No. 1120 approving plans and specs for Hennepin County Project
No. 6514 . Motion carried unanimously.
7 . Reso7 u_t,on r^ru^!:ied _y Hennepin County a llowingtha Public sale
Of t..X iol'£i'.iJIc �+ror)_erty.
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City U.,s tad spoke to Resolution No. 1121 , recommending
approval.
MOTION: Nt-�yers moved , seconded by Bye , to continue this item
until t._c April 27th Council meeting , and direct staff to contact
neighbors and see if they would be interested in this
vacant lot with the stipulation that improvements would not be
made by the City. Motion carried unanimously.
E . Report of Cite Atton)r---.y_
1 . Recon-imcnd_ation from City Attorney on amendi_g ordinance
L�erte�in?nu. i_o b ndlrzq of bui.10 Dr- cc :�tt a ctc)r5 .
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City f'tttorncy PCrIDi.x spoke to Ordinance No. 324 and answered
questions of COLIOCil niern'r_e s .
moved , seconded by Faye , to approve the 1st
Reading of Ordli-ante No. 324 . Motion carried unanimously.
2 . Fliddon Pc---mds 2nd _Addition.
City Attorney Perbix brought the Council up-to-date on Hidden
Ponds 2nd Addition and discussed agreement he has prepared
with Ecklund & Swedlund.
MOTION: Pierce moved, seconded by Pauly, authorizing the reeonveyance
of Outlots A , B & C, Hidden Ponds 2nd Addition, to Ecklund and Swedlund.
Further that the City accept from Ecklund and Swedlund, the south 78 . 5 feet
measured at right angles from the southeasterly line thereof of Outlot A, Outlots
C & C, and that part of Outlot B lying southerly of the following described line:
commencing at the southeasterly corner of Tot 4 , Block 12, and running to
the southeasterly corner of Lot 10 , Block 11; that part of Outlot D lying
southwesterly from a line drawn on a point on the northwesterly line thereof
which point is 355 feet northeasterly from the northwesterly corner thereof,
together with an easement for storm water, drainage and maintenance over,
across and upon Outlot A , except the south 78 . 5 feet measured at right
angles from the southeasterly line thereof of Outlot A. Motion carried
unanimously.
Council Minutes - 8 - Tuesday, April 6 , 1976
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F . Report of City Manager x
1 . Consideration of Ordinance increasi.no Council and Mayor's
salaries .
City Manager Ulstad spoke to Ordinance No . 325 and also
survey compiled on salaries of other municipal officials .
MOTION: Pierce moved, seconded by Meyers , to approve the
Ist Reading of Ordinance No. 325 establishing salaries for the
Mayor and the City Council. Mayor's salary to he $300 .00
per month and Lach Councilman's salary to be $200. 00 per month,
effective January 1, 1977. Motion carried unanimously.
G. Rei?ort of Finance Director
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1 . Clerk' s hicens:= List {
NOTION: Meyers moved, seconded by Bye , to approve the
Clerk's License List dated April 6 , 1976 . 1\.4otion carried
unanimously.
VI. T-JT Vd BUS1TtF.Sls
A . Shoreline Tlianagcment Act - Councilman Pierce requested information
on this item be d;.stributed to Council members .
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B. Toto Tv';7,6: Waste \Vc—,_ter n1spos ] P=rinit - Council-,,.orr,an Meyers
requested the staff 'oring the Council up-to-date on this item .
C . Chemiczl wasteland„r3isnosal_Site - Councilwoman Meyers requested
the staff bring the Council up-to-date on this item .
D. Plaque to Cif Council from Eden Prairie Fire De_gjrtment - Mayor Penzel
displayed plaque presented to the City Council from the Eden Prairie Fire
Department in appreciation for the City's continued support of their
organization.
VII.AP10URNMENT
I\40TION: Pierce moved, seconded by Pauly, to adjourn the meeting at 11:35 PM .
Motion carried unanimously.
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