City Council - 04/27/1976 APPROVED MINUTES
EDEN PI:AIRIE CITY COUNCIL
TUESDAY, APRIL 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 Perbix
City Engineer Carl Jullie
Director of Community Services Marty lessen
Planning Director Dick Putnam
Joyce Provo, Recording Secretary
JNIVOCATION - Doug Dudgeon , Eden Prairie Community Church
ROLL CALL: All members present. (Pauly was excused from the meeting at 9:30 PM)
T. APPRO�iAL OF AGENllP� AND OTHER ITEMS OF B_USII`?ESS.
C The follov. in items were requested to be added to the Council agenda under
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the "T:ew Business" category:
A. Discu.ssion on Ordinance revision.
B. Relo•._ation_Assistaiice Act .
C. Inquiries _City_I-1all
D. Sch�,dulint3 of Joint meeting with School Board .
E. May_IS �nd May__19 - Hypertension Proclamation
F, Vacaricy on Human Rights Commission
G. Funds for M . A. I. appraisal.
MOTION: Meyers moved , seconded by Bye , to approve the agenda with the inclusion
of the seven afore mentioned items. Motion carried unanimously.
II. MINUTES
A. Minutes of the Regular Council Meeting held Tuesday, AArtl 197G.
Council Minutes - 2 - Tuesday, April27 , 1976
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A. Minutes of the Regular Council Meetingheld Tuesday, April 6 , 1976 (continued)
Pg. 2 , para . 4 , line 3 , after "Juliie" insert ", referring to the traffic lights
in the intersection of Wallace Toad and Highway #5, "; and in
line 4 strike "maybe" and insert "probably".
Pg. 4 , para . 6 , strike last line and insert in lieu thereof "proposed by the
consultant will provide the needed product". '
Pg. 5 , last para . , 5th line , strike "assessments" and insert in lieu
thereof "assessment recommendations" .
Pg. 7 , para . 4th para . , 3rd line , strike "purchasing" .
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MOTION: Pierce moved, seconded by Bye , to approve the City Council
minutes of April 6 , 1976 as published and corrected. Motion carried
unanimously.
B. Minutes of the Regular Council Meeting held Tuesday, April 13 , 1976
Pg. 3 , last para . , line 6 , strike "habitat" and insert in lieu thereof "intrusion";
and in the same para . , add a new sentence at the end of the para . to
read as follows- "Water quality and hahitat improvement programs
{ lnu st be started now . rr
Pg. 4 , Ist para . , last line , strike "of" and insert "for" .
Pg. 6 , 2nd para . , 4th line , strike "encourage" and Insert "direct" .
M011ON: Bye moved , seconded by Meyers , to approve the City Council
minutes of April 13 , 1976 as published and corrected. Motion carried
012 arlimously.
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III. PU FT.,1C_I1F,!yllWG
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A. Mitchell Lake PUT , revised hlattinq and rezonina for sinsle. family and
rnulti_p The PUD is located east of Mitchell Lake and V 'est of County !
Road 4 .
Bruce Thompson , President of Pemtom, outlined the proposal to the Council,
noting their request is for 14 single family lots rather than 15 single family
lots as previously proposed . Mr. Thompson stated that this is the same
concept presented last December.
Jeff Pederson , Eden Prairie News , questioned: ( 1) ThP City was going to
investigate the feasibility of acquiring the pennisula, has this decision
been made , and (2) is the Council considering the land coverage on the
pennisula ?
Council N,111,utcs - 3 - luusuuy , ;,pri1 ;6'1 , i;i76
A . Mitchell Lake PUI7, revised platting and rezoning for single family
and multiple . (continued)
Ulstad responded to the 1st part of Mr. Pederson's question stating that
our City Assessor did establish a value on the pennisula of approximately
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$160 , 000. 00 - the proponent estimated the pennisula's worth at
approximately $350,000 . 00. }
Mr. Jessen stated that he had inquired of the Watershed Board of
Managers as to their interest in sharing with the cost of the pennisula .
It was the Board's opinion that the pennisula would be one of a low
priority. Based on the Watershed Board's opinion, the staff recommends to the
Council and the Commissions that until the City can find additional sources
of revenue, we would be hard pressed to purchase this pennisula .
Meyers said she was not-aware that the Parks, Recreation & Natural
Resources Commission had made a final recommendation on the Pemtom
pennisula and is disappointed that this has not been done . Ulstad
responded that sha was correct that the Parks , Recreation & Natural
Resources Commission had not taken any formal action and. that Mr. Jessen
has reviewed this matter with the Commission and that the matter has
been on the Commission's agenda for about 2 meetings .
City Planner Putnam responded to the 2nd part of Mr. Pederson's question
verifying the fact that the Council is considering the land coverage on
the pennisula and that basically the coverage is hard surface , i. e . ,
1)uildings , driveways and streets , and would not be significantly
different for the 14 sinr3le family lots vs. 3C - 35 townhouses,and is within
the Minnesota Shoreland Management Act regulations . Putnam
also spoke to the Planning Commission's recommendations made at their
meeting held March 22 , 1976. Putnam further stated that the pennisula
would be nice for the City to have, but there are so many other things that a
people have expressed a need for that this might be difficult to achieve at the
present time .
General discussion took place regarding homeowners' associations .
Jim Hill , Pemtom, stated that there would be two homeowners' associations
associated with the project - one for single family and the other for
townhouses .
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Penzel questioned if part of the homeowners' associaticns converiants would
include available access to the public to the pennisula . Hill responded
that it was Pcmtom's thought that if you had the public access through and
adjacent to the lake , that was adequate.
Penzel asked if the road names met with the City Engineer's approval.
City Engineer Jullie responded that they did not and they would have to be
changed at the time of final platting.
aul;cli i.: ,nut: s - 4 - Tuesday, April 27 , 1976
A. Mitchell Lake PUD, revised platting and rezoning for sincrle family
and multiple (continued)
• MOTI0N Pauly moved , seconded by Pierce , to close the Public ear ing
and give a 1st reading to Ordinance No . 326 , rezoning the Mitchell Lake
PUD from Rural to R1-13 . 5 for the single family area and P.R,l 6 . 5 for the
townhouse area . Roll Call Vote: Bye, Pauly, Pierce and 11cnzel voted
"aye" , Meyers voted "nay" . Motion carried. Meyers requested that the
minutes reflect her opposition to ti. change of the land use from cluster
townhouses to single family on the pennisula .
MOTION: Pauly moved , seconded by Pierce , to approve Resolution
No. 1125 approving the preliminary plat. Roll Call Vote: Pauly, Pierce ,
Bye and Penzel voted "aye" , Meyers voted "nay" . Motion carried .
IV. ORDTNANCES & RESOLUTIONS
A. lst Re_adind of Ordinance No. 327,repealin�c Ordinance No . 29 , granting
ter�orary 3. 2 Meer licenses . —
City .Attorney Perbix spoke to Ordinance No. 327 .
IVOTION: Meyers mov>rd , seconded by Pierce , to give a 1st reading
tr; Ordinance No. 327 , repealing Ordinance No. 29 . Motion carried
unanihnously.
B. 2r;J Pc-adinq of Ordinance No . 325 , establishing salaries for Mayor and
Ci�y _Ccu ncil .
Councilvvornan Pauly expressed her concern regarding the $200 . 00 salary
for council lrernl✓ars, r,oting that she has received comments from a number
of c:.izens who felt that this figure was too high. Favors a lower salary.
NjOT10N: N, cycrs moved, seconded by Pierce, to approve the 2nd
reading of Ordinance No. 325 , establishing salaries for Mayor and City Council .
Roll Call Vote: Meyers , Pierce, Penzel and Bye voted "aye" , Pauly i
voted "nay". Motion carried.
C. 2nd Reading of Ordinance No. 324, licensing bUildinq contractors doing
business withinthe City of Pcien Prairie and amending_ rdinance No .—311 .
MOTION: Meyers moved , seconded by Bye, to approve the 2nd Reading
of Ordinance No. 324 . Motion carried unanimously.
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V. REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A. Re�»rts of Council Members
(-OU11c11 ir. tilU'LCS — J — ILAUa ..iy ,
A. Reports of Council Members (continued)
I . City Planner Putnam reported on the Planning Comm ission
meeting held April 2G as Councilwoman Pauly had been
excused from the Council meeting.
2 . Councilman Pierce reported on the following:
. . . . . Cedar Hills Golf Course proposal
. . . . . South Hennepin Human Services Council - }
decentralization program the County is undertaking
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3 . Mayor Penzel spoke to Resolution No. 1134 , relating to Hennepin
County Detoxification Center.
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MOTION: Meyers moved, seconded by Bye , to consider taking
action on Resolution No . 1134 . Motion carried unanimously.
MOTION: Meyers moved, seconded by Fierce, to adopt
Resolution. No. 1134 , relating to Hennepin County Detoxification
Center. Motion carried unanimously.
4 . Councilwoman Meyers commented on reports she has
rocei.led from I.-ague of Women Voters pertaining to help they
had received from City Hall when malting their report entitled
"State of our Cities " . Special thanks to City Assessor Martz
and Finance Director Frane .
B. Tr-wort of Pi rector of Community Services
I . P,r-vant take Park Scason
Director of Community Services Jessen spoke to his memo dated
April 23 , 1976 , and answered questions of Council members .
Dick Anderson, member ofthe Parks , Recreation & Natural Resources
Commission , spoke in favor of having Bryant Lake Park open for a
longer period of time , and personally feels the park should be open, all
year long during daylight hours .
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P.40TION: Bye moved , seconded by Meyers , that the Bryant Lake Park
be opened on the sarne basis as we do in the summer time and that the
closing date be set at another time. Further to appropriate $1,000. 00
to accomplish this early opening. Motion carried unanimously.
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Council Minutes - 6 - Tuesday, April 27 , 1976
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1 . Bryant Lake Park Season (continued) it
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1� Meyers requested staff keep a close count on the exact number of
dollars and usage generated by the early opening of Bryant Lake
Park.
Pierce requested staff have some type of publicity put in the
newspaper noting that the Bryant Lake Park will be opened early.
Also that possibly this information should be included in the
"Happenings" newsletter.
2 . 1976 Surnmer PIGldround Program
Director of Community Services jessen spoke to his memo dated
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April 23 , 1976 and answered questions of Council members ,
MOTION: Meyers moved , seconded by Penzel, to support the
1976 Summer Playground Program with the exception that a fee of
$2 . 50 be charged for Summer Fun and a fee of $2 . 50 for the Tiny
Tot program, with a maximum amount of $5 . 00 per family. Motion
carried unanimously.
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3 . Approval of bids for 1 Ton Stake Low Truck
City Manager Ulstad explained that seven invitations were sent
out and only one vuote was received . He- further recorn nended that
the Council award the bid to Suburban Chevrolet Company in the
arnount of $5 , 780. 27 .
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MOTION: Bye moved , seconded by Pierce, to award the bid for
a one ton stake truck. to Suburban Chevrolet Company in the amount
of $5 , 780 . 27 . Iviotion carried unanimously.
4 . Tax forfaitedSronerty at Westgate
Director of Community Services jessen explained that he is in the
process of con-t:act!ng people in the Westgate area regarding this tax �
forfeited piece of property. f
MOTIONT: Meyers moved , seconded by Bye , to continue this matter
to the May 4th Council meeting, direct the City Manager to request
an extension from Hennepin County, and further requested that
jessen host a neighborhood meeting of people from the Westgate
area before May 4 , 1976 . Motion carried unanimously.
Meyers suggested that Jim Flavin be invited to attend the neighborhood
meeting to relate his experiences with Sterling Field.
Council Minutes - 7 - Tuesday, April 27, 1976
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C. Report of Planning Director
1 . I-IennerAn County Transportation Study
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Herb Klossner and Craig Spencer were present from the Hennepin
County Highway Department to an9f?er questions of the Council
m embers.
Mr. Spencer explained that there were Owo major reasons for the
study: (1) Major reason for the study is an update and (2) it is a
requirement through the State and Federal regulations that Hennepin
County has such a guide plan . The study does not propose any
improvements of any kind, it is Just a system study. 1
MOTION: Meyers moved , seconded by Bye, to adopt Resolution
No . 1133 , a resolution outlining the City of Eden Prairie's concerns
and suggestions on the Hennepin County Transportation System .
Study draft report, and also attach to the resolution a copy of
letter to Craig Spencer from City Planner Putnam dated March 12 ,
1976. Motion carried unanimously.
2 . Anderson 1.akes Condorninfums. consideration of rezoning the
propeily back to Rural as the conditions of the rezoning agreement
have not been met.
MOTION: Bye moved, seconded by Pierce , to set a public
hearing date of June 1, 1976 for rezoning the Anderson Lakes
Conclorniniums back to Rural . Motion carried unanimously.
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D. Report cif Cit _F'nQineer
1 . Rec the feasibility report for street improvements on Star! Lane
and_Rid�c Roads I. C. 51-287 .�
City Engineer Jullie outlined the feasibility report dated April 27 , 1976 .
Doug Olsen , 9030 West Staring Lane, expressed several concerns
he: had regarding this project, i. e . , assessments , longevity of the
proj ect, etc.
MOTION: Bye moved, seconard by Meyers , to adopt Resolution
No. 1126 receiving report, Project I .C. 51-287 . Motion carried
unanimously.
Council Minutes -- 8 - Tuesday, April 27, 1976
2 . Receive feasibilit rcoort for utility and street improvements
for the Mitchell Lake Project by Pemtom , Inc. , I. C. 51-289.
Dave Husby, RCM Associates, outlined the feasibility report
on this project dated April 27, 1976,and answered questions of
Council members.
Meyers stated she would like to have comments from the
Waters)-ied District on the storm sewer project.
MOTION: Pauly moved , seconded by Bye , to approve Resolution
No . 1127 ,' receiving report and or-dering improvements and ;
preparation of plans and specs for Phase I, 1. C. 51-289 . Motion
carried unanimously.
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MOTIO11QT: Pierce :roved, seconded by ]Aeyers , to continue the meeting-past 11:00 PM.
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Motion carried unanimously.
E . wort of City Manager a
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1 . Re nest from Gel co Cgrpora_tion to set a Public Hearincafor
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MOTION: Bye moved , seconded by Pierce, to set a Public Hearing I
for May 11 , 1976 for Gelco' s request for rezoning to Office for parking lot.
Motion curried unanimously.
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2 . Di sc i s sion of Subur i,_,n Public Ii alth NL11-sins Services
City Manager Ulstad discussed this item with Council members and
requested the Council authorize him to negotiate a preliminary joint
powers a o i cement with the cities of Edina and Richfield , and possibly-
purc,iasing -siddltional services from the City of Bloomington. Motion
carried ur,anlrnously.
MOTION: Pierce moved , seconded by Bye, to authorize the City Manager to
negotiate a draft joint powers agreement for Suburban Public Health
Nursing Services with the cities of Richfield and Edina , and possibly
purchasing additional services from the City of Bloomington. Motion
carried unanimously.
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F. Report of Finance Director
f I . Pay_ment of Claims Nos . 1188 - 1307 .
MOTION: Meyers moved, seconded by Pierce , to approve the Payment
of Claims Nos. 1188 - 1307. Roll Call Vote: Meyers , Pierce, Bye and
Penzel voted "aye" . Motion carried unanimously.
NEW BUSINESS
.A. Discussion on Ordinance revision .
Mayor Penzel, at the request of Councilwoman Pauly, asked the
Council if they vrould be interested in having a committee study r
the City of Eden Prairie's ordinances to see if any of the City's
existing ordinances are obsolete or not being enforced. Roger Pauly
would be willing to serve on this committee.
MOTION: Meyers moved , seconded by Pierce, to instruct the
City Attorney to contact Mr. Pauly to further discuss this matter.
Mc>tian carried i..inanimously.
B. Relocation Assistance Act. �
MOTION: Meyers moved , seconded by Pierce, to direct the staff
to draft a letter for the Mayor's signature to our state legislators
calling to their attention the apparent needless provision in the
relocation act that requires a willing seller to be paid relocation
assistance. Motion carried unanimously.
C. Inauiri.es - City I-Tall
Council-man Pierce requested that the City staff do everything possible
to assist p; opic when they have an inquiry pertaining to the City of
Ed r; Prairie .
D. Sc.'.; ruling of. Join-t_mek-tiny with School_Board
MOTION: Lye moved , seconded by Meyers , to set a joint meeting
with tho School Board for 1v�ay 18 , 1976 , 7:30 PM, at the High School.
Sui:ject to be roads and bonded indebtedness . Motion carried
unanimously.
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E . Nlav 18 and ;tij1av 19 - Hypertension Proclamation
Mayor Penzel proclaimed May 18 and May 19 , 1976 as hypertension
Days on behalf of the Kidney Foundation of the Upper Midwest, Inc.
F . Vacancv on Human Rights,Commission
Mayor Penzel announced the resignation of Daphne Krause from the
Human Rights Commission and requested names be st-,bmitted to him
for a successor to this position.
l,Cii.:lit:ll . : l11UlGS 1v "" 1 �-LJ ..i� , / ,v. .l i. , •,
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G. Funds for M .A.I. Appraisal
City Manager Ulstad requested that the Council authorize an expenditure
of $1, 000.00 out of the cont; ngency fund in the budget to be used, if
necessary, for an M .A. I. appraisal on the Condon/Naegele property.
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MOTION: Pierce moved , seconded by Meyers , to approve an expenditure
of $1, 000. 00 out of the contingency fund to be used for an M . A.I.
appraisal on the Condon/Naegele property. Roll Call Vote: Pierce,
Meyers , Bye and Penzel voted "aye" . Motion.carried unanimously.
VII. ADJOUIRNWENT
MGFION: Eye moved , seconded by Meters, to adjourn the meeting at I1:45 PM.
Motion carried unanimously.
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