City Council - 04/05/1977 APPROVED MINUTES
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EDEN PRAIRIE CITY CO'U!'CIL
UESDAY , APRI L 5, 1977 6:45 PM, CITY HALL p
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COUNCIL t1E-MBERS : t-layor .•Jo l fgang Penzel , Billy Eve, Joan
Pteyers , Dave Osterholt and Sidney Pauly
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COUNICIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Harlan Perbix ; City Engineer Carl Jul l ie:,
Director of Ccminuni ty Services Marty
Jessen; City Planner Dick Putnam, and
Joyce Provo, Recording Secretary
INVOCATION: Councilr,ian Dave Osterholt
a
PLEDGE OF ALLEGIANCE
ROLL CA`L: 11-111 members present.
1 . l!I N^SLOPE r'ROJECT DISCUSSION
City tlanager Ulstad explained that after the SpEcial Cauncil meeting held Tuesday ,
March 29, a nu..ber of calls were grade to arrange for a meeting with the proponents.
Representatives of the National Housing Corporation of Partnerships were in town
April 4 and they rr,et with legal counsel in the Minneapolis area yesterday.
City Staff did meet with Mr. Kerne and Mr. Chance and their legal counsel
for approximately 2 112 hours going over concern about color. Result of discussion
was one of being at the same point we were a week ago . Their position at the
present time is still that they have a l . 1 ted number of dollars and it is
iripossible for them to make the ch ;naes relative to the exterior application
of the siding , but did hold fast to thei r proposal relative to landscaping
and to the amount of money set i-s i de for that purpose.
City fl, .torney Perbix stated there is no way in the proponents judgement the
material can be changed, and therefore the color of the project. At the last
meeting the Council instructed staff to proceed with investigating the
pass ibi l i ty of seeking a legal recourse`. if the color was not changed on a
voluntary basis . Perbix feels the proponents understand the Council 's
rer,rarks of a week ago and understand they could be involved in a lawsuit;
however, they don ' t feel they have any alternative. Their position is the dollars
they spend for legal defense will come out of the project because there is no
riore money. They say on the one hand they want to have good feelings within the
community and they are geared to having a good public image. On the other hand,
they say there is no way they can do anything.
Osterholt questioned the alternatives open to the Council . Perbix outlined the
alternatives : 1 ) do nothing - let the project be conipieted as it is being
constructed, or 2) seek a declaratory judgement - that action gives us the
possibility of getting a gocd result with the least amount of controversy.
C MITION: Osterholt moved, seconded by Meyers , to direct the City Attorney to seek
a declaratory judgement to have the Wind-slope Project completed as it was
originally submitted and approved. Motion carried unanimously.
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I I , r ^'r'r, "SAL ur r; -'.�i; fiI:U OTHEF I TEtiS CF BL'S1'vFSS
The fcl I c..v ; nq ; tem was requested to be added to the agenda under the
"P1rw category: Discussion of study to be done by the Industrial
Coi.unissi on.
1.1011ON: 0sterholt moved , seconded by Meyers , to approve the agenda as
aElended and published. 'Motion carried unanimously .
III . PIJB-L I C H F A P 1N-GS
A. 14aln ►t Addition by Dirlam Properties , request to preliminary plat and
rezone 1. 7 acres t rom Rl -22 to PM 6. 5 and R1 1 3 . 5 for double bunga 1 ovrs
1an11_lv
Leo Sf rn , legal counsel for Dirlam Properties , outlined the proposal
rfo t i n_; t,ha t. the proposal is consistent with the Comprehensive Guide
Flan of the City, and has been recommended for approval by the City Engineer and
City Planrer. Both Mr. Dirlam and Mr . Stern answered questions of
Counci 1 e.�,mt)ers .
The follovi-ing residents spoke in opposition to the proposal : Gordon Carlson,
7.--)2 Franklin Circle; Don Berne , 7332 Franklin Circle; Virgil Steinhoff,
7337 Franklin Circle; Harold Marquardt, 16301 Valley View Road; Cedric
Warren, 7324 Franklin Circle; John Martinsen, 7225 Eden Prairie Road;
Ron Conley , 7305 Franklin Circle; Gloria Rose, 7336 Franklin Circle ;
and Mary Upton , 16163 Edenwood Drive. Concerns expressed as follows :
1) people bought homes in the area and it was their impression that this
area v.as going to remain as R1-22 zoning and developed like lots presently
around it; 2 ) drainage problems ; 3) questioned why there wouldn ' t be
a market for single family homes as stated by the developer ; 4) what
would be used for a buffer on Valley View; 5) where are the children
going to play that live in that addition_
Bye stated that it is his belief that when a person buys a home they
have thie right to believe the situation in their neighborhood will exist
as it -is portrayed to them by the City.
Don Peterson, 7025 Mariann Drive, spoke in favor of the Walnut Addition
proposal as submitted.
Mr. Stern requested that the Walnut Addition application be withdrawn.
M0 T I 01N: : 0s terhol t moved, seconded by Pauly, to return the Walnut Addition
to the Planning Commission . Motion carried
unanimously.
B. Tudor Oaks by Convenant Li_vi nq Centers of Mn. , Inc. , request to rezone from
Rural to RM 2. 5, PM 6. 5 A Service-Commercial , Area H of The Preserve
Cor,rrrrer cial Area for en_elderly health care retirement development
Reverend James Williams , Executive Director of Convenant Living Centers
of Mn. , Inc. , spoke to the proposal and answered questions of Council
members .
T1 `ty �UJr _ 1 nU+eS Tv='r . .hpril 5, 147i
B. Tudor 0aH s by Ceti enar;t Living Centers of Nin. ,"Inc._ (c.ont i nued)
Planning Director Putnam spoke to the Planning Co;inission minutes
dated February 20, 1977 and Staff Report dated February 25, 1977.
MOTION: Pauly roved, seconded by Bye, to repeal Ordinance No. 340.
Motion carried unanimously.
M,'ITION: Pauly rroved to close the Public Hearinq and give a 1st reading to Ord. No,
77- 15, to rezone from Rural to RP-1 2. 5, R!f 6. 5 & Service-Commercial ,
Area H of The Preserve Commercial Area for Tudor Oaks by
Covenant Living Ce-riters of Mn. , Inc.
General discussion took place before a s`cond was made to motion.
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John Nelson , President of The Preserve Homeowners Association, spoke
in favor the Covenant. Living Centers of Mn. , Inc. proposal , stating
that quality of living is in the highest standards . Mr. Nelson
rent to 1"i 1ti• a:ukc�-e to loot; at the proponent ' s facilities and was very
irripresssed till i tii their operation.
MOTION' 7O CALL PRFVIOUSS QUESTION : Pauly mclved, se-onded by Bye,
to ca� 1 the previlou� q.jestion. Pauly, Bye, Osterholt & Penzel voted
/ ''aye" , t1c.4yers voted "nay" .
VOTE ON P EVIG�JS QJFSTIO;; : moved original motion as stated above ,
seconded by Bye. Motion carriec G r;"►mou,iy.
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MOTION: t1eyers moved, seconded by nsterholt , to direct the City
Attorney to draft a rezoning agreement including reccn-Miendati ons
of the Planning Commission minutes dated February 28, 1977 , that
page 8 of the Tudor Oaks brochure dated January 31 , 1977 be reviewed
by the Planning Commission along with final site design plans , and
that the proponents wi i 1 not request any abatenoent of taxes to the
community. Motion carried unanimously.
C. Prairie F s:t Third Addition by Hustad' s , request to Preliminary plat
any _r ftcrr_e ` O_acr es from Rural to R:l -13. 5_for 85 sinQIefami lylots
Jim Os ter,son , Hustad Development Corporation, spoke to proposal .
Mr. Hustad and Mr. Ostenson answered questions of Council members.
Planner Putnam spoke to Staff Report dated February 25, 1977 ,
Planning Corrarrission recomnrndations in minutes dated i'"arch 28, 1977,
and recor:rnenda t i ons of the Parks, Recreation & Natural Resources
Commission dated March 21 , 1977.
Pauly requested that a sign be constructed indicating that Nottingham
is a temporary deaderrd and that street names be double checked.
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Q `nri 1 5 1977
t1' CG'.rl-_, i 1 IR f n:.l�.es - - �U�s ,7',Y ,
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C. Prairie East Third A__ddition _by Hus_tad' s , request to_preliminar`� plat
tid rezan `,U� a f res rom Rural to k1--13 5 for 85 single family lots (continued )
Ken Franz, 9880 Squire Lane, and Helen Bergran, 9515 Risewood, expressed
their concerns , 'i . e. , primarily concerned about north - south traffic
flow and ahout now knowing where multiple dwellings are going to go
when buying a lot.
Steve Reiland, 9695 Lord Court, questioned if this requested zoning
is just for single family sites . Putnam responded in for affir►native.
MOTION: t1evers moved , seconded by Bye, to close the Public Hearing
and give a 1st Reading to Ordinance „o. 77-16, rezoning 50 acres from
Rural to R1 - 13. 5 for 85 single family lots for Prairie East Third
Addition. Motion carried unanimously.
Osterho i t felt the Council is not serving the community by not
requiring the play area within the subdivisions. Also believes 3O%
variances or the lot size is too much.
V.0TION : Meyers moved , seconded by Osterhol t, to direct the City Attorney
to draft a rezoning agreement incorporating the recoiniiiendations of
the Planning Commission, the Parks , Recreation & Natural Resources
Co-,,mission 111loving the variances in lot size as requested, an(; also
to include Er, ;i veer' s recor;imendat ion of crea.ter setbacks
on N' itti ngi arr. Drive and wider %, i dth of Nottingham Drive. Further that
a part: of approx-;mately six acres in size in the north is to be dedicated
as p.nrt of the Prairie East 3rd Addition approval , and a tot lot area
size of about 2 acres is to be created at the time of the development
of Prairie Fast 4th Addition; and that Ora i l s be extended down Linden
Drive and tdottirrgharn and that signs he located along Linden Drive indicating
possible wultiple development. Plotion carried unanimously.
MOTION : Osterholt moved, seconded by Bye , to adopt Resolution No .
77-39 , approving the preliminary plat of Prairie East 3rd Addition.
t•iotion carried unanimously.
D. Edenvale Industrial Park, 2nd Addition , Outlot F by Edenvale, request
to preliriinat-v plat and rezone_ 1 of the 3 lots from ]-General to I-2 Park
City rlanage r Ul s tad explained that Don Peterson , Edenvale, has requested
this Public Hearing to tie continued to May 3.
MOT ON: Os terhol t moved , seconded by Bye , to continue the Pub-1 i c Hearing
for the Edenvale Industrial Park , 2nd Addition, Outlot F by Edenvale,
to the h;ay 3, 1977 Counci 1 meeting. Motion carried unanimously .
E. Woodland Addition by Edenvale , request to Preliminary Plat and rezone from
Rural to RM, 6. 5 for Phase 1 , 58 lots
Don Peterson , Edenvale Development Corporation, spoke to the proposal
C and ans�,;eyed questions of Council members .
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..;,. ..rs - ` - Tues. Fr>ri1 5 1977
E dland A•c;di t ion by F t male request to prelir;inary plat and rezone_ from
Rural 'to �", 6. 4 ;or f=►� `, 1 , lots (continued )
P1 an1-►er Putncm outl i ned the P 1 anni rig ColTrmi ss ion ' s recon:.nendations from
minutes dated F.-br..;ary 28, 1977 and Staff Peport dated February 25, 1977.
Pauly that the area east of Linden Drive be signed to indicate
rrultiple dcveioprierrt and Meyers directed staff to draw up guidelines as to what
type of signs siioul d be used.
f10TI0'1 : Osterholt moved, seconded by Pauly, to close the Public Hearing
and approve the lst Rt-adirry to Ordinance No. 77- 18, rezoning from
Rural to P011 6. 5 for Prase 1 , consisting of 58 lots for t:oodland Addition
by Edenva ie_ tloiion carried unanimously.
1.10TION: Nleyer-s moved, seconded by Osterholt, to approve Resolution
No. 77-42, approving the preliminary plat for l,00dland Addition by
Edenval e. tloti on carried unanimously.
MnTION' Neyers moved, seconded by Penzel , to direct the City Attorney
to draft a rC%'Cr;lfly agre�(:ipnt incorporating the recoi?T;,-,endations of
the Plarninc C-.fl'Ti'ission , Planning Staff and Enainpering Staff regarding
setbacks , drive.;ays , trails and signing on adjoining properties for the
t„-c, e•d i riI ti r i e uses . r:ot ic►n carried ur.animousiy.
F. 1vo Park, 21-id Addition b.'v Helle , request to preliminary
l Cllit iC! `-s o1p rU al tC) I z r'orI;
Mir. Hel le spoke to his proposal and answered questions of Council members.
Planner Putria ri suer-r,ari ed siaff report dated February 23, 1977,and the
Planning CorTu sio►, ' s recor :iiendation for denial on February 28, 1977 based j
upon its -inconsistencies with the transportation needs of the Lake Smetana �
Plan and the February 23, 1977 BRW letter- report:.
Meyers stated she %-.ould like some response from the staff as to additional
construction costs of alternative locations to the west.
Ulstad explained that the staff is concerned about -being consistent with
the north;south road plan contained in the Smetana late Plan development
and land locking adjacent properties.
Claudia Bearnian , 9955 Valley View Road, said she +:,as in agreement with
Mr. Helle of not having a road going through and suggested that whatever
happens concerning a road system, there should be further studies done.
tlrs . Charles Hillger, 9975 Valley View Road , also stated she would like
to kno..; .,hat will happen with the road.
Helle questioned the need for more studies as he felt studies have been
rr,ade in the past. over the entire area.
M0,I0IN : Bye ►noved , seconded by Osterholt, to continue the Norseman
Industrial Park Znd Addition to the April 19, 1977 Council meeting.
lotion carried unanimously.
G. Spec i a I As smerit Hearinq for remova1 of Hutch E1m Disea sed Trees
Director of C014171runity Services Jessen spoke to information distributed
to Council memI:)ers regarding tree removal asse,-,sments. Jessen
recoim,.ended the Council order removal of all trees on list and if
the property o%,.rners get their trees doti•rn by the 1 5th of April then
they will receive the subsidy , otherwise the City will take steps
to abate the problem.
MOTION : t,'eyers moved. seconded by Osterholt, to order removal of
all dutch el nr diseased trees as per proposed list (page 4�'O?D) , and to
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approve the special asses s ,lentsagainst property o.•rners if the trees
are not rerrroved by April 15, 1977. Motion carried unanimously.
IV. ORDI'111,NCES & RESOLUTION'S
A. Resolution No. 77-36, rel a ti_nq to the endorsement_ of State F i r_anc i nq
for certain eatur•es of 911 Errergerrcy Telephone S.isteni
Lt. t,'!aII spoke to Resolution No. 77-36 and -recorninended approval of sane_
N,:)T1OF : ',Ieyers moved , seconded by Pauly, to adopt Resolution No. 77- 36,
re I ai. r;a to the end lrseFnent of State Financing for certain features of
911 Emergency Telephone System..
M✓ T 14CIN, TO A!'.E D: Fvc moved, sr co:ided t)! Osterholt, to amend the
previous iI of i on by adding "The Council strongly urges the State
Leo sl ature to fund this system out of the General Revenue Fund. "
Bye , O-sterholt , Fauly and Perizel Voted "aye" , Meyers voted "Play" .
Motion carried.
l-10TI0N1 AS �,,P1FNDED: Eye moved, seconded by Osterholt, to approve
the i•;otic—rr as a-mended. Bye, Osterholt , Pauly and Penzel voted "aye" ,
Meyers voted " nay" . Mot-ion carried.
B. 2nd_ P_eadi nor of Ordinance_ No. 77 1_2, amendi nq_ Ordinance No. 315,
correcting Iecal descr iptionon Niin_nesota _Protecti ve Life
MUTIUN : Pauly moved , seconded by Bye, to approve the 2nd reading of
Ordinance No. 77- 12, amending Ordinance No. 315, correcting legal
description on Minnesota Protective Life. Pauly, Bye, Meyers and
PenzEl voted "aye" , Osterholt abstained. Motion carried.
C- Resolution No. 7/-44 , chan.ginq _the _time limit for removal of dutch elm
disea ed _trees from 7 days to 20 days
MOIIOW : Osterholt moved, seconded by Meyers , to adopt Resolution No. 77-44 ,
changing the time limit for removal of dutch elm diseased trees from 7 days
to �U days . Lotion carried unanimously.
D_ 2nd Rc•adina of Ordinance No 323 , Crosstown Baptist Church,_ rezoning
C.r,t'�r c •:ir?rately 9 acres of r opert�v_ at 61fQ0_ Baler Road from Rural~ to
I ut)I is sand rezo11-1ng agreerr,ent
t•1CJ)T I Otd : l;eyers moved , seconded by Osterholt, to approve the 2nd Reading
of Ordinance No. 323, Crosstown Baptist Church, rezoning approximately
9 acres of property at 6500 Baker Road from Rural to Public and approval
of rezoning agreement . Motion carried unanimously.
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t. ; red Readina of Ordinance No. 77-11 , Garrison Forest by The Preserve.,
re'zo•;-inc, thr_� ib acres , including Outlat A, Tro;n Rural to R1- 13. 5 for
the ajar-u> ,r;. eely 5U f j lY lots a
Don Hess and Larry Peterson , The Preserve, answered questions of
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Counci I il:e lbers r
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Osterholt exp':ained that his voting in favor of the 2nd Reading of
Ordinance tdo_ 77- 11 would be predicated on The Preserve ' s c:grc,ement
to pay the park fee. Larry Peterson assured the Cc,unci 1 that The
Preserve iras agreed to pay the part; fee.
Carol f' cfa,l , 9495 Leaftop Circle, and Alan Lyr;g, 9485 Risewood Circle,
hatl-: C r- ;-ke n st,-ong cr;;-os,i t i on to connecting Garrison fray to Count; Roar' 18.
"'UT I ON S.e secc!',ded b,.! Pauly, to approve the 2nd Reading of
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� rdin::r,ce I!c . 77- 11 , Garrison Forest try The Preserve , rezoning the
1 h acres , i nc1 udi nC Outlot A,, from. Rural to R1- 13. 5 for the approximatEly
5D *<<-, 1 v 1 c t s. Rye , Pauly, Os terhol t and Penzel voted "::ye" , M.eyers
Ci ,-,a`' I'. 1,c
tiGn carried. .
I'c crs ex la ned that her "nay" vote was not in opposition to rezoning
I or the single farni ly lots, but against the road system.
F. 2n,4 read riQ of Ord?Ordinance NG_ 77-� , 1(1?' � e ant i nn an industrial v,aste str r-rot'h
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t ::' r ClidrG� ,snd ET:f'CUL? oil of a Jo l nt : o..?rs Ac cc t r.t wi i:h the r rr oc)c.1_�-t �n
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1,40 T I0'4 . Rve rr.,ved, sec_nc,ed n, tf crs , to ;-,pprovc the 2nd R e a d i na
of Ordinance No. 77-1 , i;nl-' er;errting an irrdustria i waste strength sewer
charge and e>.ecu'icn of a Jo-Int Po.-: ors .gree;,,er:t with the Metropolitan
W: to Control CD;1".,i ssi c)rl. car-r i ed unanimously.
G. 1st Rfiadi nn of Ord; nt:nce No. 333, creating a Community Cased Services
f oar d to all su t rvisee residential rog ams or social
re;hab i 1 i tat i car proqrams
i1CrIION Pauly ;;,oared, seconded by Bye, that the Hurnan R-11ghts Commission
he al,p�ointed to serve as the Community Based Services Board and that this
chrjr• je* be incorporated in the Human Rights Ordinance. Motion carried
un :rrin!ously:
H. 2nd R -rcina of Ordinance No. 77-18, rezoninq _apnroximately_ 2 acres from
Rural to 1 2 Park: for the construction of an industrial storage buiidina
for 14i lle � ' s, Sprinkler S -s+eni and rezoning aareement
MOT IO"d: Ml ,,,,ers moved , seconded by Bye, to approve the 2nd Reading
of Ord"nrr rice N'o. 77-13, rezoning approximately 2 acres from Rural to
I-2 Far{, for the construction of an industrial storage building for
f1i 1 ey ' s Sprinkler Systein and authorize the Mayor and City flanager to
execute the rezoning agreement as arrended, r-leyers, Bye, Pauly and
Penzel voted "aye" , Osterholt voted "nay" . Motion carried.
Tues . April 5, 19,77
V N T S
AW A. A -in n t of m e m,b e r S; to t,h.c- I a n f i-i r- c: on n Commission f o r
Me,ers placed the names of Fred and Donald Sorensen into
nomination.
Pauly placer', the name of Elizabeth into nomination.
0sterho"It placed the names of John !"ICCL11 "I.-ch end Ron Krz.eger
into nomination.
Penzel placed the name of Paul Pedpath into nomination.
HIOT I ON : Osterholt moved, seconded by Bye , that nominations be closed.
t-lotiDn carr-jed unartimously.
rJp,)rr tabulation of ballots, the follot-,,ing 'three, people received
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the highest votes : Elizab&th Retterath, John I-11cCulloch and
Paul P;:dp6th.
M,0 7 1 DIrlo' Osterholt rived, seconded by f- evers , to cast a unanimous
ballot fc-,r ::etterath , John t,'cCulloch and Paul Redpath
to serve three v r terms on the Planning & Zoning Cominiission. Motion
carried unarir� o..:s ?y.
B. A- F C u 4-j C
of ers tf� t',hte Hi �-As-riczal Sion for
3- 'V c r- 't-e'r-Ins
Pauly placed the names of Hr-,Ien Anderson , Allene HookoTn and Judy
Ell inason into nn,;-,;jnation.
j<)7 10 td OS4 erholt moved , seconded by Bye, to close the nominations
and cast a Unanlll!OUS .)allot for Helen Anderson, Allene Hookom and
Judy to serve three year terrors on the Historical 9' Cultural
Cornini s s i on. MI-3tion carried unanimously.
C. il I
(i I i-,.t m.e n t -1:o 7 meribers to the Industrial Commission
Bye placed the names of Roy Terwilliger , Richard Feerick , Clayton
Tonne-maker and N.-Ike Pollen into nomination.
1feyers placed the names of Dean Edstrorn, and Don Flom into nomination.
P,ILJIY pli reed the name of Tim Pierce into nomination .
Penzel placed the name of Don Anderson into nomination.
Oste)-!-�olt placed the names of Bill Miller and Don Swanson into nomination.
t-1101'I ONI : Osterholt moved , seconded by Bye , that nominations be closed.
Motion carriea unanimously.
Upon tabulation of ballots , the follow, ing 7 people received the highest
Votes Dean Edstrom, Richard Feerick , Nike Pohlen, Tim Pierce, William
M,iller , Roy Terwilliger and Clayton Tonnemaker.
y
Ci.';' oin • t"� ^c +f'' IrI�U ti"?dl l iu^lSS ion
- .►..r_ .t; .�_�tt of 7 r �;. �. � to L �� _ _ _ _-- --
M0T10N' Pauly mnved, seconded by Bye, to cast a unanimous ballot for
Dean Fdstrom, R-ich, rd Feerick and Mike Pohlen for 3 year terms , r
Tiri. Pierce and L':i 1 1 i aT1 Miller for 2 year terrfs , and Roy Terwi 11 i ger
and Clayton Tonnemaker for 1 year terms to serve on the Industrial Co:nlvliss ion.
Fiotion carried unanirTiously.
D. r'?ppoi nt.;'.ent cif 1 r.c'n,�)er to the Park Recrpat i orl FY natural
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Pesourc�_s Cor.iim ss i on for a 3 year term
Pauly placed the n .q.e of Paul Chcinitre into nomination .
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Penzei placed the nafie of Dr. George Tana^n into norr,inat•ion.
imeyers � 1d: ed tale of Rol,,ert Kruell into nomn tion. r
ti0 tI , . E 'e f:�o� ed , econded by Pauly, that nominations be closed.
t,otion curried i:nar.ifiicusly.
Y
of 1 i c?ts , Robert Krl:Ell received the h? q'1Lst
! ;.��ir C. �.!='r'ho i 7. iii•` ved, seconded uy 114e_`v'ers , tro Cast a C!!-iari i ninus
b- i lot for r:o:'ert Kruel i to serve a three _Ve;-;r term on the Pa rKS ,
Re r ea' ion i.`aturaI 'R esources Co:;i i ,sion. f10t10r. Carried UnanicTlo Sly.
E. Appoint, er:t of E r�,e G --he ^ ' ld4 + rd of n ,peals
.- 1 I_ I r._ t o L J L.1 f �- n !-.�. '_..t 4 O
enze.l placed the names of Tonyrt, tv . sic , Gerald 0feran ,,
Cheri Pischer any Charles DeDoriC i rltr, nGi„'i tl t i on.
tOTIOfi; . Ryer _d , secu'r+ded norrir�ations be closed.
Fiot-io!i Cc.l"ric•d unanif-,c ,,s
MOTI OIv : Os t.erhol t Ii.oved, seconded by Pauly , to cast a unanimous
ba 1 l of for Tons• Hirt and Robert t_a pi c for 3 year -ierr-rs , Gerald
0 f feriran acid Char ieS De%3Cino far L year tcr^71ts , and Cher? F1 scher
for a 1 yt:ar term to sere on the Du` I di no Code Board of Appeals.
P•iotion carried unaniirlously.
F. L. r t of 5 mfimhers to the Eoa_rd of-A,pnea l s & Adjustments
Pauly placed the name of Richard Lynch into nomination as the
Planning Coni:1".i ss i on representative to the Board of Appeals &
A d j us tfl;erltS .
f eyers placed the names of James Wedlund, kliwies Cardinal , Roger
Sandv-ick , 'lilliarn Rearman and Donald Soren-.en into nomination.
Osterholt placed the name of Grant Sutliff into no^ination.
Penzel placed the names of Ronald Kruec;er and Ed i.eipold, Jr. , into
( nomination.
MOT10N: Osterholt iiioved, seconded by ►•ieyers , that nominations be
closed. Motion carried unanimously.
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F to the Board of ADPeals & Adjustments
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Upon 4.t i of ballots , the following 5 people received the
1-i.:: g 0"(':,-,,t VoLes : Richard Lynch, James Wedlund, Janes Cardinal ,
Roqpr Sandvick at-id Ronald Krueger.
MGT10111 Os Len not 1'. moved, seconded by Meyers , to cast a unanimous
ballot for Jzi,„es 1'4'--dlUnd and Ularries Cardinal for 3 year terms ,
Royer Sandvid, and Ronald Krueger for 2 year terms , and Richard
Lynch as thie F-1'1Ljnriing representative for a one year
ter;ri to serve, on the Pcard of Appeals & Adjusti:.ents . Flotion carried
us 1 y.
G. 11, ,-I,r -7 t to the Ri (,hts Comm4ssion
`_i_0 1 a d the of Duncan Laidlaw and Jaynes Sim.chuck into
oil.
the name of Barbara O' Brien into nomination.
t41eyer , Duane P-ildcock
plcic;,:-d the na:,,,,es of Mari D.,-acseLh , Doug F
C-!'Id Lo-t-aii-ie !!�aenke into nolliination.
7 n :
JIIU- : Clsterlholt Moved, seconded by Mleyers , that nominations
be clo!;ed and that a un.--.1i,i,,mous ballot be cast for Duncan Laidlaw,
Doug i;nd O' Drien for 3 year terms. , it-lari Dragseth and
D,j a n-2 lridcock. for 2 %--ar terims , and .James Simchuck and Lorraine Miaenke
. oi- I ea - L.er-r-:s tc. s e on the Hi.- n RighTs Co,,--iission. Mo t i on
carried Unallif"-'ously.
V11 . RE—.P1-,,--11T5 OF OFFLCERS , BOARDS K MMV1JSS101`.1S
A. of Council irie-1,15ers
Pb my
y r;Eported on the Planning Corilmission meeting held (Monday,
March A' 977.
1.t ye-rs Sp-or,e tc) the Boated of Appeals & Adjustuients recent meeting .
Osterh;:, ji. reii)rted on t1he meeting with the Metropolitan Transit
Coy ri �,s ion held (larch 17, 1977.
B. cf Advisory Commissions
No reports.
C. Report of CitL_Matiaaer
City M,.-anaoer Ulstad announced the resignation of Wayne Sanders , Chief
Building Inspector.
NOTION : Bye rioved, seconded by Pauly, to adopt Resolution No.
/7-23, coin;iiending Nlayne Slanders for his service as Chief Building
Insi,c,ctor for the City of Eden Prairie. Motion carried unanimously.
D of C i 4- tc;rnev
I Crlrr ect-ic'm 'L-.,) 1"ITS 1 ease a n d 11:0 1-t Ga P f 0 r s S
OStcrhol t ri,)%Ied , seconded by Bye , tc approve the correction
to the m-'S lease and i-nortgage for MID13 bond i ue. It-lio t�i On
carried urianir,!ously.
E . Pej----t of D -Iirect-or of Co!,.imunitv Servi-c-es
I i ve t�'I for I og I c ;der
Ei-*:rector- of Services jus�fser, explai!,.,--d that. ',- ids
d i s i r ,:;i <_'. T;
7
,c. to to the 2nd 1 L,, I dCjel,,
c oite 0 j.j F� 4
On i s to throw the b`1 d s o u+ r:d is 'cart rover.
h : the latter.
10,stErh ill t wi,:)ved , seconded by Nlief F'i-.r to
i d IF 0 1
or. April 27 , 1977. tlotiol" i
C t v F n C i n e e
I .
Cor', i I-_';e t- o!,, ":' 12,' f— TH 69
C j ty j C, S-0 C, t
-o P-,.sol u-LL i r,n t lo 7 i;ri J c c c r, e d
8 p rL)
1,,r')T 107; 1,,eyers moved , seco-ided b,, 0.s t c,r h o I t. to &dtl-,pt
r;
to aproval by the State.
77 �.L T%e s c. I u t. I o,,; 3 - 'I s n e c
1'10 L 13 11 C E!1 1 C' U-1 E;r. i lili�•)i-'S V.
• 2. Ccirisidcr r, .eiverd on 3 I'S for utilitv sti-eet ir,:�rovcments
on F L), 2-,, I. d
C i t v Enci r ,cr u I e s poke to Rr,sol u ion No. 77-37 arid rc- :ended
Bye roped , sell.-onded by Meyers , to adopt Resolut 41 on No. 77- 37.
11'IcAion carried unanir;--ously.
G. Re:,orL c-!' Finance Director
1 . Pavr-.,,,.?nt. of (.1aims, Nos. 5,0:o0 - 522'
-holt, to adopt Payment of
11�Ti0': : yers moved , : E�,conded hy 0, 1,,et L
5�.:',3 , d1cieting 5163 until t a furher explanation can
ciailos ,;cis. EI(D-50 I
be ol)t�i nL L -d . kca I Cal i V,)Te : 1,',eyer --s , 0terholt, Bye, Pauly & Penzel
vc--ted "d unanimously.
�'e T."'D t 0 rj C ri-i -d u
2. Clerk s Licor;:e 1. ist
r 1 )T 1011 4 moved, seconded by Meyers, to approve the Clerk ' s
License L i s It". i'lotion carried unanimously.
Cue to # t-,e lateness of the hccur. the iter, i�:_Ideal under "N'ew Business" -
D?scL3s.sion of study to be dune ley the lnd;; strial Carn;;ission, was continued
to a f u t.ure Council u:.:eti ng.
\riTT AID D! .f.. -
ti7T 1!D : Qs t.erhol t moved , seconded by !,,c yers , to adjourn the meeting at
1 :40 I .. notion carried unani mnusly.
i
a
I