City Council - 08/03/1976 {
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/'PROVED MINUTES
EDEN PkAIRIE CITY COUNCIL
TUESDAY, AUGUST 3, 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 K. Ulstad
City Attorney Harlan Perbix i
City Engireer Carl Jullie
Public Safety Director Jack Hacking
Director of Community Services Marty Jessen
Finance Director John D. Frane
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PLEDGE OF ALLEGIANCF�
INVOCATION: Roger K. Ulstad, City Manager
ROLL CALL : aye, Pierce, Pauly and Penzel present; Meyers absent.
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
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The following item was requested to be added to the agenda under the "New Business"
category:
Resolution encouraging certain corporate facilities to locate in 4.
Eden Prairie.
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MOTION: Pierce moved, seconded by Pauly, to approve the agenda as corrected '
and published. Motion carried unanimously.
I I. PRESENTATION OF HUMAN RIGHTS AWARD
Mayor Penzel announced the recipient of the Human Rights Award for '1976
to be Lieutenant Frei th W'al 1 , Eden Prai rie Publ is Safety Department, and
congratulated Lt. Wall on behalf of the Council . Rosemary Dysinger, Chairperson
of the Human Rights Commission, presented the Human Rights Award to Lt. Wall .
III . PUBIC HEARINGS
A. Sanitary sewer watermain and storm sewer improvements to service properties
in the vicinit of W. 78th Street, T. H. 169, and Eden Road, I .C. 51-284.
Reso1 utie►� No. 1169) .
Dave Husby, RCM Associates , outlined the proposed sanitary sewer, waterma i n
and storm sewer improvements by graphic illustrations, and spoke to the
feasibility report dated July, 1976.
A. Sanitary sewer, watermain and storm sewer improvements to service
properties in the vicinity of West 78th Street, T.H. 169, and Eden
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C Road, I . C. 51-284. continued
Penzel acknowledged the letter received from Rosemount, Inc. , dated
July 30, 1976, requesting reexamination and further study of Improvement
Contract 51-284.
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Bob Kooiman, 7936 Eden Road, explained that he would like to see a controlled n
level on Lake Tobias.
Bert Menke, 8018 Eden Road, spoke in opposition to sanitary sewer and
thought the City should wait until commercial takes over the entire area ,
MOTION: Bye moved, seconded by Pierce, to close the Public Hearing and
adopt Resolution No. 1169 for Phase 1 of Improvement Contract 51-284, n
excluding all proposed storm sewer work and also all proposed sanitary
sewer and watermain work not required for service to the Minnesota ti
Projective Life Project at the N. E. corner of Leona Road and T. H. 169.
Notion carried unanimously.
B. Street improvements in Westgate (east) Addition, I.C. 51-292. (Resolution
No. 1170)
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Dave Husby, RCM Associates, outlined the feasibility report dated July 8,
1976.
MOTION: Pauly moved , seconded by Bye, to close the Public Hearing and
adopt Resolution No. 1170, ordering improvements in Westgate (East )
Addition. Motion carried unanimously.
IV . SETTING OF PUBLIC HEARINGS
A. Area H of The Preserve, request for rezon�inq from rural to C-Regional
Service and Trgliininary plat approval dividing the property into lots 1 and
2 of Block 1 . i
MOTION: Bye moved , seconded by Pauly, to set September 7 , 1976 as the
Public Hearing date for Area H of The Preserve, request for rezoning from
rural to C-Regional Service and preliminary plat approval dividing the
property into lots 1 and 2 of Block 1 . Motion carried unanimously.
B. Crosstown Baptist Church, request for rezoning from Rural to Public .
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MOTION: Bye inoved, seconded by Pauly, to set September 7, 7 976 as the
Public Hearing date for the Crosstown Baptist Church, request for rezoning
from Rural to Public. Motion carried unanimously.
C. Robert N ren, request for rezoning of 8 lots to R1-13. 5.
MOTION: Bye moved, seconded by Pauly, to set September 7 , 1976 as the
Public Hearing date for Robert Nygren, request for rezoning of 8 lots to
R1 -13. 5. Motion carried unanimously.
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A 2nd Reading of Ordinance No. 337, regulating hunting in Eden Prairie
General discussion took place among Council members on items to be included
in Ordinance No. 337.
As Eden Prairie does not have a ordinance on trapping, the Council directed
the City Attorney to research the possibility of such an ordinance in
Eden Prairie.
MOTION: Bye moved, seconded by Pauly, to approve the 2nd Reading of
Ordinance No. 337 , regulating hunting in Eden Prairie. Motion carried
unanimous ly. (Ordinance No. 337 as adopted is attached as part of the
minutes) .
VI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS •
A. Reports of Council members .
No reports were given by Council members.
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B. Report of City hlana er
1. Condon/Naegeie Realty Rezoning Agreement
C i t3, F;anager Ul stad spoke to the rezoning agreement, noting that three signed
copies by the proponents are on file at City Hall .
Don Brauer, Planning Consultant for Condon/Naegele Realty, answered questions
of Council njenbers .
MOTION: Bye -moved, seconded by Pauly,to approve the rezoning agreement
between the City of Eden Prairie and Condon/Naegele Realty Company, and
to further instruct the Mayor and City Manager to execute the rezoning
agreement with Condon/14aegel a Realty Company including the letters of commitment
for park dedication and ramp acquisition. Motion carried unanimously.
2. Progress Report on Shoreland Management
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Director of Conu-nuni tv Servi r_es Jessen outlined the Shorel and Management r
Rules and Regulations as adopted by the Department of Natural Resources. !
(Attached as part of the minutes), Jessen further explained that in October
we will be receiving our notice of a one year time period in which we are
to adopt our own ordinance.
City Attorney Perbix suggested that we look at the water classifications
we have been put in and see if we want to make any changes, and if so,
go to the Department of Natural Resources for these changes.
MOTION: Bye moved, seconded by Pierce, to direct staff to study the
classifications of the waters and refer same to the Parks , Recreation
& Natural Resources for expeditious review. Motion carried unanimously.
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3. Changi nd date of Public lieari ng for r��dc?s i c nati n( Planned
Study in Southwestern Eden Pr-airi(, that has reverted to 1-General.
MOTION: Bye moved , seconded by Pierce, to change the Public
Hearing date for redesignating Planned Study in Southwestern
Eden Prairie that has reverted to I- General from August 3, 1976
to September 7, 1976,
4. Crosstown Extension from Shady Oak Road to I-494. Consideration of
access to Beach Road and Cooley Road.
City Manager Ulstad explained that he had met with the Minnetonka staff
as requested by the City Council . The Minnetonka staff felt basically f
their Council was pretty firm in their decision in approving the plans .
as submitted by Hennepin County. Stated before final action there are some
things we must consider - must provide access for residents to Rowland Road
and once that occurs, it is going to bL' necessary for the City to consider
accesses to the West. Ulstad noted it would cost approximately $250,000
for ar extension to Rowland Road and this does not include right-of-way.
A street extension to serve the park for the western part of Eden Prairie
would require an overpass at 494, which would cost a minimum of 1/2 million
dollars not including right-of-way. Ulstad suggested possibly the Council
would want to continue any action until 5 members of the Council were
present to review some of the details .
Pierce explained that in his opinion the City has made commitments, and
2 years down the road we decide these were not quite right. What are the
alternatives available to us? What is going to happen to land south of the
Crosstown. He further stated the City is going to lose more than gain when
we change horses in mid-stream.
Penzel stated if we take a strong stand in the revised guideplan that this
property is to be residential , the City would retain that privilege.
He further stated not only did the City of Eden Prairie made a commitment
a couple of years ago , but there were also some commitments made by the
County delineated in memo dated August 5, 1976.
Bye felt the Crosstown is important to most of the people in Eden Prairie,
and questioned how much modifying can we do with the Highway Department
proposal which Minnetonka would favor.
MOTION: Pierce moved, seconded by Pauly for purposes of discussion, that
the Council work for a joint meeting with the Council of Minnetonka to receive
their concerns and ideas. Motion failed unanimously.
MOTION: Bye moved, seconded by Pierce, to direct staff to draw up a
resolution for the general acceptance of the- proposed plan indicating concerns
expressed by Council members. Notion carried unanimously.
MOTION: Pauly moved, seconded by Pierce, to direct staff to investigate
proposed ways we can specifically protect the property of The Cove and
Bryant Lake Park , and refer to staff and Planning Commission to consider
alternatives_ Motion carried unanimously.
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C. ELp�rt of Cit Engineer
1 . Acce for ovmership and maintenance the streets in the Lake
Eden North Addition.
City Engineer Jul lie recommended that the City accept the ownership and
maintenance of the streets in the Lake Eden North Addition subject '
to a one-year warranty bond commencing August 3, 1976. �
MOTION: Bye moved , seconded by Pierce, that the City accept the
ov,mership and maintenance of the streets in the Lake Eden North
Addition subject to a one-year warranty bond commencing August 3, 1976.
Motion carried unanimously.
D. Report of City Attorney
1. acquisition of the Michael Zylka property, by condemnation
or purchase.
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City Attorney Perbix spoke to Resolution No. 1168.
M.OTIOIN': -#ierce moved, secondeo by Bye, to adopt Resolution No. 1168,
authorizing the acquisition of Park Lands either by purchase or condemnation
proceedings under the right of eminent domain. Motion carried
unanimously.
E. Report c ` Director of 4 Ommunl tv Services
1. Co,is idera Lion of option for the Miller -Brothers property at Mitchell
Lake. �---- --- — -- —
Director of Community Services Jessen spoke to his memos dated
July 16 and July 23, 1976. He further stated that he had met with
the LAWCON people and they were impressed with the land. Funding
looks very good .
MOTION: Pauly moved, seconded by Bye, to approve the option to acquire
the Miller Brothers property at Mitchell Lake consisting of 73.68 acres
as per men►o dated July 16, 1976, and authorize the Mayor and
City Clerk to sign option agreements . Motion carried unanimously. �
2. Consideration of the purchase of the Grill property at Staring Lake.
Director of Community Services Jessen spoke to his memo dated July 16, 1976
and July 23, 1976.
MOTION: Bye moved, seconded by Pauly, that the City proceed with the purchase
and acquisition of the Grill property at Staring Lake as per memo dated
July 16, 1976, and authorize the Mayor and City Clerk to sign pui-chase
agreements . Motion carried unanimously.
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3. r,.uestrii, .c-,r Lease
r()>,:.►unity Services Jessen explained that the Equestrian
Center one-year lease expired June 1st. In May fir. Jessen met with
the people v4hu have leased the stable and requested information be submitted
to the Council by the end of -the expiration date. To-date -this information
has not yet been received. Jessen further stated that the City has
been satisfied with the operation of the Equestrian Center during the
past year and recommended the Council extend the 1 ease for one year
subject to review of information to be submitted within 30 days .
MOTION: Bye moved, seconded by Pauly, to extend the lease for the
Equestrian Center for one year subject to reviewing information requested
and not yet received, and require that this information be received within
30 days . Ilotion carried unanimously.
Pierce explained that the Parks , Recreation & Natural Resources Commission
would like to see more types of people being able to use the stable.
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Pauly felt the operation of the stable was well done and that it was h
a safe operation. '
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F. Report of Finance Director }
1. Approval of contract with Ehlers & Associates
MOTION: Bye moved, seconded by Pierce, to retain Ehlers & Associates
F as the financial consul tants for the City of Eden Prairie in accordance t
with letter dated July 7, 1976. Motion carried unanimously.
2. Changing date for sale of improvement bonds in the amount of $3,000,000. 00
from August 10, 1976 to September 7 , 1976. —
MOTION: Bye moved, seconded by Pauly, to chance the date for the sale
of improvement bonds in the amount of $3 ,000,000. 00 from August 10, 1976
to September 7, 1976. Motion carried unanimously.
3. Accept Audit Report
MOTION: Pauly moved, seconded by Pierce, to approve the Audit Report
as submitted. Motion carried unanimously. ! s
4. Clerk 's License List
MOTION: Pierce moved, seconded by Bye, to approve the Clerk 's License
List dated July 23, 1976. Motion carried unanimously,
5. Payment of Claims Nos. 2014 - 2146.
MOTION: Bye moved, seconded by Pierce, to approve Payment of Claims
Nos. 2014 - 2146. Roll Call Vote: Bye, Pierce, Pauly and Penzel voted
"aye" . Motion carried unanimously.
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l' I I . tvEl. L"J`." (continued from July 27th Council wc--A i i; }
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A. Discussion of Homeowner's Associations
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City tanager Ulstad spoke to memo from Betty Johnson regarding homeowner's
associations dated July 1 , 1976, and recommended the Council wait until
we receive information from PEMTOM on their homeowner' s associations and
refer same to the Planning Commission for their review.
MOTION: Bye moved, seconded by Penzel , that the Council wait until we
receive information from PEMTOM on their homeowner ' s associations. Motion
carried unanimously.
B. Discussion of PUD Ordinance
Pierce stated the Council should look at the PUD, and that we should
get a PUD Ordinance on the books.
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MOTION: Bye moved, seconded by Pierce, to direct the staff and City
Attorney to redraft a PUD ordinance and bring same back to the Council .
Motion carried unanimously. f
C. MCA Ordinance
Pierce explained that we need some type of MCA Ordinance to deal with single
family and commercial .
Bye s-9-ested Dort Sorensen put down on paper what areas he reels are
i 1 1 e9al .
It was the consensus of the Council to wait for staff to come back to the
Council with a recommendation.
D. Coinrunica:.ion received from the Eden Prairie School Board
Penzel spoke to communication received from the Eden Prairie School Board
dated July 26, 1976
MOTION: Bye moved, seconded by Pierce, to appoint the following persons
to serve on a joint committee to examine the alternative roads through the
Round Lake School-Park site: Joan Meyers , Marty Jessen, Marvin Erickson,
Jack Hacking, and Chris Enger. Motion carried unanimously.
E. Report from City Engineer Jullie on Suburban Rate Authorit and its
activities for next year and contribution of same.
City Engineer Jullie recommended the Council appropriate $150.00 for the
1977 dues to the Suburban Rate Authority.
MOTION: Bye moved , seconded by Pauly, to appropriate $150.00 for the
1977 dues to the Suburban Rate Authority. Roll Call Vote: Bye, Pauly,
Pierce and Penzel voted "aye". Motion carried unanimously.
�ncc>uragitio ce-tain corporate facilities to locate in
Eden Pr�a-iilie. —'
City Manager Ulstad spoke to Resolution No. 1171, recommending approval
of same.
MOTION: Bye moved, seconded by Peniel , to adopt Resolution No. 1171.
Motion carried unanimously. (Resolution No. 1171 attached)
General discussion took place among Council members regarding development
signs to be used in Eden Prairie, and City Manager Ulstad displayed type to
be used.
VI I I.AD"C,iP NMENT
MOT_ufl: Bye moved , seconded by Pauly, to adjourn the meeting at 10:31 PM.
Motion carried unanimously.
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