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City Council - 04/13/1976 4PPPOVED MINUTES EDENT }';Zr,IRIE CITY COUNTCII. i 7 TUESDAY , AUR L 13 , 1976 7:30 PM , CITY HALL C�UN CIL ?ti�1 1wI F 1 ?S: Mayor Wolfgang Penzel Billy Faye Joan lvl e ycrs Tim Pi--rce Sidney PUuly CO TJN C 1T, T ITL. .ivT: Finance Director Tohn Frane City Attorney Harlan Perbix City Engineer Carl Jullie Director of Community Services Marty lessen Planning Director Dick Putnam Recording 'Secretary Toyce Provo INVOCATION - William onner, Eden Prairie Community Church POLL C~AL.I,: Penzoi, P:a-yer s , Pauly Bind Pierce present; Eye absent. I . Apr tr"VT1 , O r'AGF'V n'� .AN D 0T}-1r.R ITI-JAS OF Bti S1Pz ESS A. Po r c.' U c- n,dvi srr- Comr-nittac r:c,rnination. h s' ' i: : ?•i- s o� ccl ,;� sec,-)nd d , Pierce , to approve ge t, � P e the a r,da with ►:iie of t!- tl'.';; t<iUr E ri; ;Zi.1Url�C3 1tG'T11S . 1 A . Purc-` tor-,, C r.cr}; Gi_�n S�� � Corridor Study (cor�ti.ni?ed Public Hearing),, Tv:c..-or ;'crl;:el outlined the procedures for Public Hearings . Consultant L)on rrauer, Brauer & Associates , distributed his pre.ser.tatfon outline dated r.pril 13 , 1976, and spoke to each stern accordingly . He also rc_{-, -rid to th^ P�.Jrr ;tor;' Creek map illustrating future open space, planned open Space , coinrnitt--d opon Space . 1\ i) nor Pelizel opened the rn" ting up to questions and comments from the a udicnce in the sequence they had registered. N'Jernz2r Schulze , 15541 Nor-th I-iillcrest Court indicated his support for r this Study and said he would 11}re to have some assurances that the City will go easy and not burdr,n the taxpayers with tremendous costs. (Prepared stag-mr;nt drjtrd March 25 , 1976 attached) . A . PuroMor, Cre rk_Open .9 ace Corridor Stud(continued) -- . Mr. Ii . E. Trager, 15341 Crecy:-side Court, explained that he would go along tvjth the Study as far as wildlife is concerned, but is against the recreation port of the plan. Does not feel the City has to plan his recreation. Mrs . LarryRussell , 12101 Sunn brook , spoke against � 1 y � sawdust bicycle l patlrs and questioned if these paths would interfer with some of the flood— plain. I7x)es riot %:,ant to sce sncwniol,iles use these paths. (Note attar`--rent frorn Mrs . Russell dated 4/13/76) . 103'15 Rivzcrxriew Ro=ud, read frorn a prepared st step:: �nt �ahicii is attached . (Dated April 13, 1976) Al TE:as , 15824 Park Terrace Drive, stated he is in favor of wilderness areas and ft=sls the City is playing with conservation and not: preserving it. Mr. Teas read a prepared petition dated April 13 , 1976. Mayor Penzel rec?c:eLtF-!0 the petition be entered into the records . N11r. Tay Morgan, 15501 North 1'-:illcrest Couit, also speaking for Mrs . Morgan, expressed their opposition for tv:ro major reasons: 1) for conservation, but ae:ainst recreation plan, and 2) acrainst cost resulting in a tar, burden to the tz_xpayars . Cecil 1�1artin, 6585 Eden Prairie Road , defiritai y aci the Ian because ., p of th? tax hurden. Don 1 :—.:un, 15501 Par}: Tear: ce , ti;.pressed strong oppostion to the plan. Robc—rt 'T•.,•iss , 10010 Pa inett PlElce , concerned with un:,,anted people the City is trylnq to Invite into his area . Against study 1009,1z. i4r. J. Cordon C�� :,�'�.ell, 9901 Riverview Road, thought creek should have a plar: , .-ut has me:v r heard anything but obicction to the creek being a corr,dc r. G'oria C'ullcn, 15381 Creekside Court, built their home at this address bccauc,e area :-.as -, ;ell preser-.,ed . Against the plan, it is recreation and not co:-)!:er;,ation . James Cullen , 15381 Cr;:-ekside Court, read petition and presented same to Clerk to he c ntezed into the r cords, (Petition dated April 1.3, 1976) i Gretchen Sulyards , 1,5824 Park Terrace , thought the proposal unreasonable and policy unreasonable . Expressed concern that the plan proposed is going to cost more than people in Eden Prairie can afford. hIrs , William Pearson , 7831 Bush Lake Road (taxpayer in Eden Prairie but reside in Bloomington) , spoke tci communication to the Council dated April 13 , 1.976. (Communication attached sl(jne.d by both Air. & Mrs . Wm . i. Pearson) . A . Purgator,, Creek (open Space Corridor StLLdy (continued) Mike Pohlen, 6785 Kingston Drive , expressed his concern about not receiving proper notffication and questioned what the impact of the study would be on his property. Mr. I-ieldt, 12155 Sunnybrook, as far as the concept of the plan, he is for it, but riot -,,�?hen it infringes on other people's property rights . Would like to see the study go aheDd as it would give people a botter idea of where lines are going to be dr :,:,n and hose th;.y will affect thorn personally. If the plan is rupproved , he would not like to see any type of motorized vehicles on any part of the corridor. Ray Z^�e.ter, Jr. , 108-'.4 Blossom Road , felt the Council was not going alor7 g T-:ith the ;ri.sl,es of the people vaho live on Purgatory Crcek. Feels people v�7ant the corridor left alone . John I'ergan, 8705 Bentwood Drive , questioned hove we are going to police proprty along Purgatory Creek . Dr. Fred Ekrem , 9845 Bluff Road , expressed his support for the plan and that t,hrouQh this plan we could save many arr-as of the Creek with a the t-iood plain proposal. Also against motorbikes and snoNinobiles . i Expressed his opinion that the LventUal ozit:corne of this plan could be to Letter pt eserve the corridor than to let it go its own way . Goncv,a M,iddl eton, 9411 Timber Trail, noted that she lives in the Anderson Lakes V%7-1161ife area and has been -pleased ivith the results of the con-.--cot study v,,hich 1 ,s been u:. Lid as a guideline for the IAnderson Lakes pli7an . Ray Zti'ei.ter, Sr. , strrjngly against the plan. Loren 18930 Lot,.is View D-4 ve , expressed his concern with the d: Struc,ion • long Pui- ,,a'-ory Creek, i.e . , people spearing northerns and leaving them. to 'die. Loren 15600 North Hillcrest, primarily does not like the recreation part of the plan. Councilwoman Meyers stated she was dismayed during the first public hearing of lvlarch 9 and esp>acially at this meeting with the lack of confidence the people have for this Council . Agreed with all of the comments and noted that the Council n-,Grnbers are aware of the tax burden on the City of Eden Prairie . Is not corivinced s%=e need a path completr:ly from #101 to the Minnesota River, and there are certain areas where no human intrusion should be allowed. Any trails should be for non-motorized use; any trail plan and arty recreational development must reflect the environmental and physical in pact on the land. Developed areas should be devoid of trails . Vdater gi.rality and habitat improvement programs must be started now. l vL_.J(.ti ..:.,-,- :i .. .i '- l .i . . ;. , ,,t,. 1I ,- J , i-, � 0 A . Purgatory Creel: Omen Space Corridor Study (continued) Councilwoman Pauly felt strongly that there are areas along the creek wh -r'; private ownership is going to turn out to be the best thing . Thinks it needs more study and there will be parts of the Purgatory Creel: where no people will be allowed. Main concerns are: 1) resp oct for private property; 2) fear of condernnation; and 3) negative fceling for any kind of a trail. 3 Counc•:loran Pierce explained that the Council is trying to define what can r� done in the way of development, and what we are going to do as far a ,; re orc.aiirin - or maybe recreation should be forgotten about. Noted the stuccy is a vehicle to initiate a plan that will be implemented in the utur4 . Mayor Penzel e::pr :sscd strong concern that an increasing population Nvill not lead itself to leaving the creek- alone. Does feel that in order to do a proper job of safeguarding all of Eden Prairie for residents of Eden T'ra iri e , that we do have to continue to plan for what the future might bring. MOTION: Pauly mov_d, s acorid ed by Pierce , to adopt Resolution No. 1125 , declaring tlrc-- City's in:erition for the. Purgatory Creek Corridor,, Furtht:-r direct the stF:_ f to sand a copy of Resolution No. 1125 to all those pz.rsens w1ho, signed the registration for-in at this meeting , and to hove copies of Fame available at Ci-_y Hall for any interested parties . Toll Call Vote: Pauly, Pierce, Meyers and Penzel voted "aye" . Motion car,ir:cl unani.iroi:sly. 1J. R!:cr-� i JU' A . 2 nc3 r .fi 7rr of Ord r.-- nce No . 318 , Fraser Sclooi (moriel Humphrey irorr fii,ra l to RJA 6 . 5 . T\107'i0 Pauly r7ioved, seconded by Ri:�yers, to approve.- the 2nd readi,rcr of Ordinance No. 3I$. -Motion carried unanimcusly. r;, f;nsc,ution No. 1122� naming Suburban Nzi�ioral Rank as nayrnll d4nositort�. MOTION: Meyers moved, seconded by Pierce, to adopt Resolution 1122 , naming Suburban National Bank as payroll depository, A? . F,,1:r OPTS 01_OF.t=ICFRSi. BOARDS & COi'.fl\/ISSIONS A . Reports of Council Members . Councillvor-nan Pauly reported on Planning Commission meeting held April 12 , 197G . Mayor Pen;el acknowledged the honor received by Bob Tyson, School Liaison Officer with our Public Safety Doparlment, as "Police Officer for 1975"by the Minnesota Police Chiefs Association and that the Govarnor would proclaim April 14th as Officer Tyson's day. (2oull'-fl, B. Rc-r�ort of_Director of Cornrnunilv Services I . Master Plan f(-,r Andcrson Lakes/5�,�( ifjSLo[. __ush 1jtL-. ZIlyland L'31�c' Par",- c.-oninler— Director of CoInmunity Scr--rices jcssen outlined the proposed agr,-�mcnt between the City of Bloomington , the City of Eden Prairie, and t'.".e Tilenri0pin County Pail: Reserve District relating to Hyland Lal:e rar'K BUS]-, Take Park, Anderson Lakes Park, and CO?Tidor Park TOOTION: lv' eycrs moved , seconded by Pauly, to approve the ifi-:i City of Eloo-.ijington , the City of Eden an�el the County Park- Rc;stirvc District relating to Prifl-, rc-,s..,rvc- , Bush 1.alle 'Park , Anderson Lakes Park and CoiTi(3or Paii-. Fwtliar to dir,'Ct the staff to include a statement Of OUr c;,-),L,-.,z:,-n with the grade sepEir-ated crossings into the "Rhino" head ,are a and A.--'!-.-sc)n Lel-,cs Park- Motion carried unanimously. 2 . SLMIrnor Re,-.rentlon Prouram Director of Community S-_-rv{ces Je5sen spoke to memo regarding 1976) Suinrnerl RE cl-Cation Activities (lat-c-d .11prJ1 9 , 1976 , and illen-los submitted by Sandy Werts , Rer_r&�-Lion Supervisor dated April 2 , 1976 . hl,OTION My: c, ers moved , s econ.-3 cd by Pierce, to refer the Sun-jrn er r uir)/Tiny TcAL pro(, rE-cn lkz_3t_�k to the Pa:71-- s , Yeore_:--tion & Natural Posources 'rfj'j__j -je-r ­%,aivation in conjunction with the School -v -7E -ions of the a m zj! J i c F,d t t 11 ic cco-,nTriend 1L 197E 'E"iQ Skill D'r.-Vel'opinent F -.-n,�ira)ns as suli rnitted <ind recoi-,i:n rinec] by fl,. PF.rl-,s , RecrcE.ition & 'P170- Ural ReSOUI-Ce-s (7c nranission . h1lotion carried UnanJniously . th'F�t- 'cho time lead reached 11 :0-0 PM , the adjourninent time for COL11-iC11 1-.qr urlir--s. waived by unanimous conz-,erit of the Council . MO-Ve-C! , seconded by Pauly, to continue on. with the Council meeting PD St 11 . 00 PM Motlon carried UnZz_-rJr7-s0L1_S1Y. C . _p\0t-)c)rt c>f Pj?hjjlc SCfetv, T_-)ir,eq1.qr Cr!-ne, pre,Jeritjon Grant. Public Safety Director I-Tacking spoke to his rnc-mo dated April 5 , 1976. MOTION: Pi crce rnoved , seconded by Nleyers , to approve the Crime Prevention Crzint for fiscal year 1977 Motion carried unanimously. i C. Rcnart of Pu ,l{c_Safety Director (continued) I . Cri-me PrevcIition Grant (continued) Public Saicty Director backing requested , due to the additional case load which h; s resulted with the opani ng of the Eden Prairie Center, 1 that Allan Larson, a present Corrimunity Service Officer who has been with the Public Safcty Departmer_t for 1 1/2 years, be hired to Till the po:it.ton of Public Safety Officer effective Duly 1 , 10-76. 1-1;-,c?sing further requested that Allen ?arson be sworn in as a Public Sz:fety Gff:rar immediately at a rate of $100.00 a week, his present 3 salary, Url it July 1, 1976 v.hen hc. will receive a Public Safety U�?iGC," 5 . _Iary as that is the drtc the Crime Prevention Grant beC.Omes Effective . 1�407110 : ]`,,_avers moved , seconded by Pierce, to authorize the Public to retain tl.e services of Allen Larson ei{cci.ve ir: diat:�ly as a Public _.,'afety Office per his letter o_` rspri3 1 , 197 6, Gnd also direct the Public Safety Department to solicit ;,-.c.ea sed pa t icirlation in non-criminal activities by ti;E 1-lom&rt Lavelop.m:-!nt Corporation arid the Eden Prairie Center Mcrchi.:nts' Association . Motion carried unanimously. CityAi*�, r �. Pc:rbj'.,: conducted the swer.:i!�t_,-in cercmc�n>1s of T.ilcn Larson as Pux:.lic Safety Officer. I� r .. 1 . C`, 'Cr c c; qn Ar.�ril_9 , 197e for LAtIi_ty and st,cet _ _.� 51-285 City rn-I_;,n.n3r jullie outlined the bids received for Improvement CO- I� n, t 51-•285 al:d i i.cornmended awarding the bid to Crown £1 Cris , Inc . , th_- low bidder, in the amount of $82 , 113 . 05 . TVIOT1ON: Pauly moved, seconded by Mayors ,to adapt F°^soluticn No. 1123 ,zmvarding the Cc.ntract for Improvement Contract 51-285 to Brown & Cris, Inc . , the lo.vest responsible bidder , in the amount of $P.2 , 113 .U5 . R011 Call Vote: Pauly, Meyers , Pic.;ce and Penzal voted "aye " . Motion carried unanimously. 2 . A_n_nro\-e T)Ian= are;3 s; rciii.catior�s and arder advertisement for bids fc�w�p yt _,o on S^,iool_Road and Fddqn Court I C. 51-286 f City Engineer jullie spoke to Resolution No. 1124. t P,,/1OT10P1: P-leyers moved, seconded by Pierce , to adopt Resolution No . 1124 , approving plans and specifications and c:rdcring advertiserr.cnt for Bids - I. C. 51-286. Motion r.,"Irried imaniinously. T U t- COMIC-il ;,,',iIIU'I j 0 ID. p Ic. rt c t,., E I I�-j in L c,i- (continued) IA 3 . 0 rt 0 r t f- acqui-siflon for T .1-1 169 rr i. c -2. 516G . City Enginenr jullic: Spoke to his memo d-r,t(--d April 8, 1976. was Ares antrepresenting Lloyd Merne on -11 , Tony Hirt spol,.e to Ecsern-1-.nt #117 representing T tl-,r;; T:(TFn Prairie t -son ke S)�-,V ej-je�.J-j Church, anc! Paul Anderson Sp 0 to E- - 1-rnt Ir r-- .a 9 r ep rc's,,., n g C• IvJ.n A son . \T Pjerc�- inoved, sc,--oj-,cIed by that the City accept OI%,j-,Cr,s rccLje�t of $5 , Cco on EasF'm2nL --1,j12 , and to accept $G) , (0,00 on rase-,-,ent :F"19 as �icjrc--,-c-d to by tliie owner. Further that base or, the infon-riation zirld zt--C,(JCd to instruct the staff to fl- C purchase and bring the signed agreements )sac): to the Council, Notion carried unFariiniously. E. p.-=rycr.t olf ! in 1060 1187. 1 c1ij7cc— 6 t--r, City Af-fto-nl-y to if v e to - - . .I, , r,z�y r i C o c o c) -v,*1 IL to aJ)P,-CVe ff %-: th 7 .11 0 C Pierce , 2, n-d uanimousIY 2 Tj S4. . 1, 0 f,,,l T: F--r u c yr,o-,),e,d s e co n cl' d by !,.,I C y r S to a p p ro v e the Cie k's T.ic.ense List 6-ted April 13 , 1976 . Motion c;a,7r'ed 1.1 na ni-i-i OU sly. V. NEvV 121LIS'N' F�S �eo nomina'jon A . TvIcyc--rs c)frc,--d to reEe,:irch this -natter further and ,11 information L to '111P COWICU in their "For Your Information" L j-.)5Ckets. on a ridgy-y April 16 197G . i V. (continued) A. Potential Land Use. An Ivisory Coinrnittce nomination (continued) MOTION: Dleyers mcn.,cd, seconded by Pauly, that the Council authorize the 1�!ayor to sign a letter o= nomination on b;�-I—.F If of the entire Council for any Council incinber and/or citizen interested in a memi) r of the Modest Cost Housing Comnlittee or tl:o Ivfet;c..c.I;tan Larrci 'Dsa Advisory Committee. 1\1otion cEArried unanimously. Cour,ciit-r-1:r�m Pauly requested that the staff bring to the cttention of the C:har:nUer of Conimerce that the AAA Mut, map refers to Prairie as Rowland, which does not exist. VI. ATE J uR1T19F,�"' IVIOTION: Pierce moved, seconded by Meyers, to adjourn the meeting at ? '2:20 P. .IN4 . Notion carried unanimously.