City Council - 06/08/1976 APP LOVED I'AlINIUTES
EDEN PRAIRIE CITY COUNCIL,
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�. UESDAY, JUNE 8 , 1976 8:45 PM , CITY HALL i
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COUNCIL MENIBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pi erce
Sidney Pauly
C.OUNICIL STAFF FRESEIQ''' City Manager Roger Ulstad
-City Attorney Harlan Perbix
Director of Community Services Marty jessen
City Engineer Carl jullie
Finance Director John Frane
Joyce Provo, Recording Secretary
1%fllayor PEnzcI called the Council Meeting to order at 8:45 PM , immediately following th^
Doard of Reviev.7 mc.elrlrig. . The Pledge of Allegiance and Invocation v7ere given at the Board
of l..:.view T, eeLing at 7:30 P11-1 .
ROLL CALL: All members present.
CAr `.'AI.. CIF nrrr, r�.'-' Is!.'De OT. 1EP Ti TF� CIF I3USIT�:�ESS.
The following item -% s r::auasted to be added to the Council agenda under the "New
Business " category.
A. Reque. t to the So < , _T. nn � '- � L'_t�_�'� S?uZ) 1_ ?��r_a � cor3 �ndatto
on th- st/\Yr-st y4 c crnple h i'r
Y_ _ _r��� erne
MOTION: Bye move--. seconded by Pierce , to approve the agenda with the inclusion
of the one aforementioned item . Motion carried unanimously.
II . j,11Nt1TES C>i THE REGULAR MEETING HELD TUESDAY 70AY 25, 1976 .
Pg . 2 , para . 6 , strike "seconded by Meyers" and insert "seconded by Pierce"..
Pg . 5 , para . F , at the end of the third line add ", a rural district parcel of less than
5 titres created by City approval of land subdivision. "
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Pg . 9 , 3rd para . , 3rd line , strike "six" and insert "four"; on the same page, last
para . , strike"1:00 PM" and insert "1:00 AM" .
MOTION: Meyers mcveu , seconded by Pierce, to approve the City Council minutes of �
May 25 , 1976 as publishcd and corrected . Notion carried unanimously.
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A. 1st Feadincr of_nrdin-inc:__ , ` 32 , r r�IaUng to and establishing subdivision
regulations fur the platti; g grid sue dividing of land end amending Ordinance
No. 93 , Section I1 , Subrlivision 1 , relating to Parks , Plavcgrounds , Public Open
Space , Storm Water I-ioldiiic; areas or Ponds .
City Manager Ulstad spoke to memo dated June 8, 1976 regarding "Parkland
Dedication Fees"_ I
Pierce questioned if fees already in effect could be adjusted if these new fees
were adopted . Ulstad replied these fees could be adjusted accordingly.
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':40TIOI�: Pierce moved , seconded by Meyers , to approve the 1st Reading of
dinance No. 3?2 using the figure of $1 , 200 for all corimercial/industrial/office,
rid that a clarification be made as to the ndmber to be used for high density
and low density. Motion carried unanimously.
B. Resolution h;o. 1143 , establishing election precincts .
Finance Director ;Frane spoke to Resolution No. 1143 , recommending the Council
` retain the present three precincts , strong.ly consider electronic voting, and
consider reprecincting after the General Election in November_
'_.T expressed her hesitancy about having an e.l_-ct-ronic voting system. Would
_n ch rather pay Eden Prairie 's people to count the k a llots .
Penzel responded that after e.all:ing to precinct people , they certainly feel some
improvements are very much desired . A suggestion -,,vas made that a task force
consisting of the political leaders of Eden Prairie and the City staff be formed
to make a recomn endation as to the possibility of raprecincting. He has received
favorable comments for a mechanical v;ay of counting ballots , both from an
efficiency standpoint and eliminating errors . ,
Meyers stated her reluctancy to spend $20 ,D00 when we have gone to every other
year,elections .
Bye favored leaving the election process the way it is .
MOTION: Meyers moved, seconded by Pierce, that the City Manager bring the
matter of repreciricting back to the Council in September for consideration at that
time . Meyers , Pierce , Penzel and Pauly voted "aye" , Bye voted "nay" . Motion
carried.
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Perry Forster, DFL precinct leader, spoke in favor of an electronic device for voting.
City Manager Ulstad requested the political leaders to organize volunteers to
help during the upcoming election. '
C. 2[1d Pr rtc61 i ncl of C _c3it»r.rr,_2\?o , 333 , rezoning hnderson Lakes Cr?r�,:n�,;i •,
site from RM 2 . 5 to Rural .
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City Manager Ulstad spoke to Ordinance No . 333 and recommended approval
of the 2nd reading . k
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MOTION?: Meyers moved , seconded by Bye , to approve the 2nd Reading of
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Ordinance No. 333 . Motion carried unanimously.
D. 2nd Readinc, of Ordinance No . 308 , providing for a permit to operate Fire
Hydrants and Valves on the City Water System and providing a penalty for
violation thereof.
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Mayor Pen--el spoke to memo from Finance Director Frane dated June 7, 1976
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pertaining to suggested amendments to Ordinance No. 308 .
MOTION: Bye moved, seconded by Meyers , to amend Ordinance No. 308 as r
per Finance Director Frane's memo dated June 7 , 1976 . Motion carried
unanimously. i
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MOTION: Meyers moved , seconded by Pauly, to approve the 2nd Reading of
Ordinance No. 308 as amended . Motion carried unanimously.
E. Resnlution No . 1147 ,_desianating the Public Safety Director as applicant for
reiml.;ur-c•ement for Ezsic Training of Peace Officers.
City Manager Ulsted recommended approval of Resolution No. 1147 .
MOTIONT: IJ1e%-er s rr;cvea , seconded by bye , to adopt Resolution No. 1147 .
Notion carried unanimously.
IV. REPORTS OF OFFICERS , ROAPDS & COMMISSIONS
A. Reports of Council mernbers .
1 , pierce noted that the Parks , Recreation & Natural Resources Commission meeting
scheduled for Monday, Tune 7 , 1976 , was canceled for lack of a quorum.
B. Report of Director of Community Services
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1. Land for sale along Purgatory Creek and South of Hillcrest Court.
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Director of Community Services Marty Jessen spoke to his memo dated May 14
and answered questions of Council members .
MOTION: Meyers moved , seconded by Bye, that the Council authorize
that an independent real estate appraisal be prepared on this property.
Motion carried unanimously.
-tilr,nci l'ur<<.atory C.�eFul-- and South of llillcrest Court (cont.inuc:,J)
By.-- suggje-c;tcd thEit un ex,planation be put together where this property
J fits in the total plan .
The consensus of the Council was that a Public Hearing be held if and when
this project comes back to the City Council.
2 . Munic- al LiQuor
Director of Community Services lessen spoke to his memo dated May 28 ,
197G.,and answered duestions of Council members .
Pauly expressed her opinion that the matter- of municipal liquor should be
a to the people .
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Pierce felt municipal liquor would be a viable contribution to the community .
Thought location of County Road #4 and #5 to be the best location.
Don Sorel, en , member of the Planning Commission , spoke, personally in
favor of municipal liquor. Feels Council has a real obligation to lower
taxes and to provide facilities in this area_ Hopes the Council will consider
this very seriously as a possible revenue source.
( Vircinta Gartner, 15701 Cedar Ridge Road , did not feel a municipality
l should have a monopoly on liquor.
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Jim Simchuck , S145 Flying Cloud Drive, expressed his concern about
problems municipal liquor may cause.
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Jeff Pederson , Fden Prairie NeNvs, tht nks Council should clarify whether
we are against governor,ent running a private enterpri se. Thinks we ought
to get into the business of liquor or not have any liquor at all.
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IViOTION: Pierce moved , seconded by Bye , to instruct the staff to proceed
in investigating a lease agreement as outlined in memo from Marty Jessen
dated May 28 , 1976 , and to also refer this matter to the advisory commissions
requesting; their recommendations as to where funds might be applied .
Motion carried unanimously.
Bye further requested that he would like to see a more detailed budget.
3 . Cooperative agreement with Purgatory Creek Watershed District for purchase
of the Schaitberoer property.
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Cirector of Community Services lessen spoke to his memo dated June 4 and
answered questions of Council members.
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3 . Cooperative agreement with Pnrga1r-.r-,, Watershed l-iistrict for r)u:cr4as
of the Schaitberger property. (continued)
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Meyers questioned if by changing our clarification of this park, would we
be in danger of losing funds from the Metropolitan Council. lessen responded
that we would be in danger of this . He further stated that we will have to
resubmit some other regional park plan to them and that we are in the process
of notifying the Metropolitan Council of the change. Until we come up with
another plan , they will not give us regional park funds . I
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MOTION: Meyers moved , seconded by Bye , to approve the Cooperative
Agreement with Purgatory Creek Watershed District for purchase of the
Schaitberger property. Motion carried unanimously.
MOTION: Meyers moved , seconded b)� Bye , to exercise the option on the
Schaitberger property. Motion carried unanimously.
4 . Lake R[leyOperations - 1976
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MOTION: Meyers moved , seconded by Bye, to request Marty lessen
and Harlan Perbix to draft a letter of understanding for the Schaitberger
property and bring this matter back to the Council on June 22 , 1976 . Motion
carried unanimously.
Status rer)ort on County Road 4 Pil--ewav
Director of Community Services lessen outlined his memo dated June 4Jand
recommended that a public notice be sent to all of the people adjacent
to the property notifying them wl-en the Council will be discussing the County
Road #4 Bikeway so they may have some input regarding this matter. lessen
further stated he has talked to nearly all of the major r,rnnerty nwnprs , esppciAll,y
those abutting the road .
MOTION: Meyers moved, seconded by Pauly, to authorize the staff to
notify the affected property owners that action will be considered on the
County Road 4 Bikeway/Hikeway at the June 22 , 1976 Council meeting.
Motion carried unanimously.
C . Report of City Engineer
1 , Approve plans and specifications and order advertisement for bids for
utility and street improvements for Mitchell Lake PUD, Phase 1, I. C. 51-289 .
City Engineer Jullie spoke to Resolution No. 1148.
MOTION: Pauly moved , seconded by Meyers , to adopt Resolution No. 1146 .
Motion carried unanimously. II'
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2 . rf 1 ;lit fir bitL1)r); 1-:t rrE• on Birch ::.land Road -
so;ith of County I:oad G7 , SYR 75-3-12 , I. C. 51-291.
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City Engineer Jullie spoke to Resolution No. 1149 and the Feasibility
Report dated June 3 , 1976 .
MOTION: Meyers moved , seconded by Pauly, to adopt Resolution
No. 1149 . Motion carried unanimously .
D. Re (?rt of City Manager
1 . Discussion on Development Signs
City Rsanager tllstad outlined the procedure the City follows in sending
out notices - 2 mailings to affected property owners and 2 legal publications
in our official newspaper. V
General discu--lion took place among Council members .
Eye fel.�.devcloprnent signs are optimistic. People can see development
happenin-g long before it comes.
MOTION: Bye moved, seconded by Meyers , that the Council voice their
approval of the concept of experimental development signs and refer this
matter to the staff and Planning Commission for their recommendations as
to where these signs should be placed . Motion carried unanimously. .
MOTION: Meyers moved , seconded by Pierce , to continue the meeting past 11:00 PM .
Tvflotion carried unanimously.
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E. kepert of Finance Director
1 . Payment of Claims Nos . 1547 - 1688 .
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MOTION: Meyers moved , seconded by Bye , to approve the Payment of
CIai.ms Nos . 1547 - 1688 . Roll Call Vote: Meyers , Bye, Penzel, Pauly
and Pierce voted "aye" . Motion carried unanimously.
2 . Clerk's License List
MOTION: Meyers moved , seconded by Penzel , to approve the CIer}-Js
License List dated June 8 , 1976. Motion carried unanimously.
V.
A Rcquest toy tl—_, ;oi:0 Iennepin Human Serviccs Council for a recommendation
on the East West I`arkway complex in The Preserve .
Penzel spoke to this item expressing his opinion that it would be a good idea
for the South Hennepin Human Services Council to make their recommendation
on the East/West Parkway complex in The Preserve since this complex would
be located within mere feet of two already approved complexes of a similar
nature.
MOTION: Bye moved , seconded by Meyers , to direct the staff and proponent
to appear before the South Hennepin Human Services Council at Gheir next
meeting on June 16 , 1976 regarding the Cast/West Parkway Apartments. Motion
carried unanimously.
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Other items discussed under "New Business"
1 . TVITC Bus the City has received free of charge. Director of Community
Services'lessen stated he would draft some policy on using the bus.
2 . City Manager Uls*ad reminded the Council of the upcoming visit by Moody's
to Eden Prairie on Thursday, June 10 , 1976 .
3 . City AOanager 4Xistad sp,:)ke to letters from Helge Olson, Hennepin
County, Gated 7/75 and 6/76 , requesting that Eden Prairie waive
penalties and interests in the amount of $1 , 615 . 94 .
MOTION: Bye moved , seconded by Pierce , to give the City
Manager authority to abate penalties and interests in the amount
of $1 , 615 . 94 to Hennepin County. Bye , Pierce , Pauly and Penzel
voted "aye ", Meyers voted "nay" . Motion carried .
VI. AD OURNMENT
MOTION: Bye moved , seconded by Pierce, to adjourn the meeting at 11:20 PM. Motion
carried unanimously.
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