City Council - 03/05/1991 EDEN PRAIRIE CITY COUNCIL
• APPROVED MINUTES
TIME: 7:30 PM Tuesday, March 5, 1991
LOCATION: City Hall Council Chambers,
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris,
H. Martin Jessen, and Patricia Pidcock
CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City
Manager Craig Dawson, City Attorney.Roger Pauly,
Finance Director John D. Frane, Director of Planning
Chris Enger, Director of Parks, Recreation & Natural
Resources Robert Lambert, Director of Public Works
Gene Dietz, and Recording Secretary Roberta Wick
PLEDGE OF ALLEGIANCE
ROLL CALL Present: Douglas Tenpas, Richard Anderson, Jean
Harris, H. Martin Jessen, Patricia Pidcock
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Anderson moved, seconded by Pidcock, to approve the agenda.
• Pidcock requested the addition one item under X.A. Councilmembers
reports: (1) Announcement of Appointment. Jessen requested the
addition of Item (2), Park Reserve Appointments. Anderson requested
the addition of Item (3), Resolution commending the Girls' Gymnastic
Team on winning the State Championship. Tenpas requested the addition
of Item (4), Rotary Club Donation of Trees to the City.
Jullie requested that Resolution No. 91-52 be added to the Consent
Calendar under Item III.E. He also requested the addition of Item K to
the Consent Calendar which would be the second reading of Ordinance
No. 33-90-PUD-12-90 and Developer's Agreement on the Eden Prairie
Assembly of God project. Also on Item VII.A., Resolution No. 91-55
should be included regarding the Summary of Findings on the Proposed
Flying Cloud Airport Noise Abatement Plan.
Agenda approved as amended 5-0.
II. MINUTES
A. City Council Meeting held Tuesday, February 19, 1991
MOTION
Pidcock moved, seconded by Anderson, to approve the Minutes of the
City Council Meeting held Tuesday, February 19, 1991.
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City Council Minutes 2 March 5, 1991
Pidcock requested a correction on Page 9 of the minutes in the first
paragraph, third sentence: "Pidcock suggested that the Hennepin
Technical College be contacted to see if it could donate some of the
services."
Minutes approved as amended 5-0.
III. CONSENT CALENDAR
A. Clerk's License List
B. KMSP CORPORATE HEADQUARTERS by Kraus Anderson Company. 2nd
Reading of Ordinance No. 4-91-PUD-1-91, Zoning District Change from
C-Reg to C-Reg-Ser on 5.63 acres with shorela.nd variances to be
reviewed by the Board of Appeals; Approval of Developer's
Agreement; Adoption of Resolution No. 91-49, Authorizing Summary of
Ordinance No. 4-91-PUD-1-91 and Ordering Publication; Adoption of
Resolution No. 91-33, Site Plan Review on 5.63 acres; 7.2 acres into
one lot and one outlot for construction of a 47,700 square foot
building to be known as KMSP TV, Channel 9 (Ordinance No. 4-91-
PUD-1-91 - Zoning District Change; Resolution No. 91-49 -
Authorizing Summary and Publication; Resolution No. 91-33 - Site
Plan Review)
• C. Final Plat Approval of KMSP Plaza located at the N.W. Corner of
Prairie Center Drive and Viking Drive Resolution No. 91-45
D. Receive Feasibility Study for Sunrise Circle Street and Utility
Improvements, I.C. 52-205 (Resolution No. 91-46)
E. Approve Joint Powers Agreement for Consultant Engineering Services
for the Widening of T.H. 5 from CSAH 17 to TH 41 in Carver County
F. Approve Plans for Valley View Road Extension and Authorize
Advertisement for Bids, I.C. 52-221 (Resolution No. 91-48)
G. Approval of Playground Bids for Rustic Hills Park, Carmel Park, Eden
Lake School/Park, and Red Rock Park
H. Resolution No. 91-51 Giving Preliminary Approval to the Issuance of
Multifamily Housing Revenue Bonds for the Tanager Creek Apartments
Project
I. Receive Petition and Order Feasibility Study for Leona Road Storm
Sewer Improvements, I.C. 52-218 (Resolution No. 91-47)
J. Request from the Chamber of Commerce for the Assistance with
Payment for Business Survey
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City Council Minutes 3 March 5, 1991
K. EDEN PRAIRIE ASSEMBLY OF GOD by Eden Prairie Assembly. of God.
Second Reading of Ordinance #33-90-PUD-12-90, Zoning District
change from I-Gen, R1-22 and Rural to Public on 32.7 acres; Approval
of Developer's Agreement; Adoption of Resolution 91-56, Authorizing
Summary of Ordinance 33-90-PUD-12-90 and Ordering Publication;
Adoption of Resolution 91-54, Site Plan Review on 32.7 acres; 39-21
acres into 4 lots and road right of way for construction of a church
and other commercial and office uses to be known as Eden Prairie
Assembly of God. Location: State Highway #5 at Dell Road. A
continued public hearing.
MOTION
Pidcock moved, seconded by Anderson, to approve the Consent
Calendar.
Anderson said he would like discussion on Item J, Request from the
Chamber of Commerce for the Assistance with Payment for Business
Survey. He was concerned that the Chamber of Commerce had made
a commitment for the study and now it was asking the City to pay a
portion of it. Jullie said that the total cost of the residential survey
was approximately $15,400. He said the City had planned to do a
survey but had not included the item in the 1990 budget. The
• Chamber of Commerce had strongly urged the City to proceed with a
community survey. The Chamber's business survey cost $4,700.
Tenpas said that because the City received benefit from the business
portion of the survey, he would favor paying for this part of the
survey as requested by the Chamber.
MOTION
Anderson moved, seconded by Pidcock, to remove Item J from the
Consent Calendar for further study. Motion approved 5-0.
Motion to approve the Consent Calendar as amended approved 5-0.
IV. PUBLIC HEARINGS
A. Order Improvements and Preparation of Plans and Specifications, I.C.
52-160 Street and Utility Improvements on Dell Road between T.H. 5
and CSAH 1 and Scenic Heights Road between CSAH 4 and Dell Road
(Resolution No. 91-40) Continued from February 5, 1991.
Jullie said this hearing was continued from February 5, 1991, at
which time staff was given direction by Council to amend the
Feasibility Study as to the phasing of the project and the method of
spreading out the special assessments.
is
City Council Minutes 4 March 5, 1991
Dietz said the project was now a two-phase project instead of a
three-phase project, and he explained the revised project with the
use of maps and charts. He said the cost was now $4 million instead
of $6 million as originally planned because the southerly portion of
Dell Road had been eliminated. He said the proposal was to assess
adjacent properties for a 32-foot-wide street plus an 8-inch water
main and the appropriate cost for sanitary sewer. He said the
assessment would be $83.60 per front foot. The cost for watermain
was estimated at $20.24 per front foot, and the expectation was that
right-of-way would be dedicated with the developing properties.
There were some special situations regarding dedication with the
Gilk, Wagner, and Ruud properties because of the amount of land
being acquired.
Dietz requested Council approval of the project and authorization to
proceed with plans and specifications. He said that the plans could
then be completed in May, bids opened by the end of May,
Assessment Hearing on June 18, with contracts awarded approximately
July 18. With that schedule, phase one construction should be
nearly completed by the end of the construction season in the fall.
He said that one of the issues was right-of-way dedication, and if
that process were to go well, the schedule would be accelerated.
Difficulty with right-of-way acquisition could delay the project.
• Dietz summarized the changes as: (1) The phasing had been cut from
three phases to two phases; (2) The City's share had doubled from
$1 million to $2 million; (3) Method of assessment had been changed
to a front-foot assessment rather than an area: wide assessment as
proposed with the initial project.
Stephen Wagner, 8430 Eden Prairie Road, also speaking for Pete and
Georgia Ruud, said he was disappointed in the revised feasibility
study. He requested Council take definitive and accountable actions
on the following issues: (1) Sponsor a hardship right-of-way taking
of the Ruud property. (2) Establish a design for Scenic Heights
Road so as to determine land use on the remaining properties. (3)
Support a commercial zoning of a small parcel which would remain
between Scenic Heights Road and the Highway #212 right-of-way. (4)
Determine a fair and reasonable assessment as it relates to the
properties.
Anderson requested staff to address the hardship issue, design, and
the assessments. Tenpas, Harris, and Pidcock agreed.
Dick Feerick, an Eden Prairie resident, said he believed MnDOT would
cooperate in a legitimate hardship matter such as the one with the
Ruud property.
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City Council Minutes 5 March 5, 1991
•
Spencer Klegel, an attorney representing the Schoers Property as
well as the Jacques-Ballack property spoke to the issue. He said
that George Schoers was concerned that the short segment of
sanitary sewer would be totally assessed against his property in the
amount of $36,000. He believed this to be unfair because the sewer
would serve the east side the road as well. Dietz said that the
feasibility study allows for this issue to be negotiated with the land
owner prior to final design. Klegel said that Schoers may decide not
to sell the property for development, but would consider negotiation
the donation of a right-of-gray. On the Jacques-Ballack property,
Klegel said interest had been shown in purchasing the 15-acre parcel
north of Dell Road. As a result of the proposed project, the
property south of Highway 212 would be totally cut off and useless.
He said his clients were concerned that the assessments would be
against only 30 acres which could be developed.
There were no further comments from the audience.
MOTION
Harris moved, seconded by Pidcock, that the public hearing be
closed and Resolution No. 91-40 ordering the improvements on Dell
• Road and Scenic Heights Road on Improvement Contract No. IC52-160,
be approved. Motion approved 5-0.
MOTION
Harris moved, seconded by Pidcock that staff return to Council with
responses to the issues raised by Mr. Wagner in his memo of March
5, 1991.
Tenpas said he would like Mr. Wagner to have the opportunity to
respond to staff recommendations as the project progresses. Council
was in agreement on this point and also requested that the
hardship issue on the Ruud property be addressed.
Motion approved 5-0.
B. WELTER'S PURGATORY ACRES 6TH ADDITION. Request of Peter
Andrea Company for Zoning District Change from Rural to R1-13.5 on
10.95 acres into 7 single family lots, 1 outlot and road right-of-way
to be known as Welter's Purgatory Acres 6th Addition. Location:
North of Welter's Way and south of Sunnybrook Road. (Ordinance
No. 7-91 - Rezoning, Resolution No. 91-42) Continued from February
19, 1991.
Jullie said that this item was continued from the February 19, 1991
Council meeting. Official notice was mailed to 57 property owners in
• the project area and was published in the February 7, 1991 issue of
Eden Prairie News.
City Council Minutes 6 March 5, 1991
Jim Ostenson, representing Peter Andrea Company, explained the
details of the project with the use of maps. The proponent was
requesting a variance to build a cul-de-sac longer than the allowed
500 feet for seven lots on a 10-acre site. He said that after
thorough investigation of the soil, wetlands and terrain of the area,
he believed the cul-de-sac to be a better alternative than having a
through street in the area. This plan would also reduce tree loss
by one-third and would not encroach on the wetlands or the deer
corridor.
Ostenson also said that the strong preference in the neighborhood
was for the cul-de-sac for both safety and environmental reasons.
He also said that the DNR had urged as small amount of development
on the "bluff" line as possible and was concerned about additional
runoff if a through street were to be built.
Enger said the item was reviewed at the January 25, 1991 and
February 11, 1991 meetings of the Planning Commission. It had
recommended that the Council deny the request of Peter Andrea
Company for the zoning district change on the 10.95 acres with
variances to be reviewed by the Board of Appeals and the
preliminary plat in seven single-family lots. The decision was based
upon the conflict with the City's subdivision ordinance which limited
• cul-de-sacs to a maximum length of 500 feet, and because the it
believed there was no alternative access for fire and other safety
vehicles or school busses.
He pointed out that City's policy was also to examine new
subdivisions to ascertain whether or not cul-de-sacs could
reasonably be continued through in order to eliminate unnecessary
cul-de-sacs.
Enger said the Planning Commission had recommended denial of the
cul-de-sac; however, the recommendations from the staff to the
Planning Commission to consider approval of a cul-de-sac were as
follows: (1) The use of a cul-de-sac was an appropriate way to
develop the property; (2) Staff would recommend approval based on
the staff report of January 25, 1991 and plans dated January 14,
1991.
Enger said the Planning Commission required that prior to City
Council approval the proponent shall: (a) extend a concrete sidewalk
approximately 210 feet into the property on the west side of Welter's
Way; (b) extend a 6-inch water line to Sunnybrook Road; (c) meet
with DNR to resolve any issues regarding drainage; (d) receive a
waiver from the City Council for a cul-de-sac in excess of 500 feet;
(e) receive variances from the Board of Appeals and Adjustments for
structure setbacks on three lots and for a 20-foot road frontage
rather than the required 55-foot road frontage on the cul-de-sac for
• one lot; (f) submit a cross-access easement for the portion of the
private drive that crosses the corner opposed to Lot 1 prior to final
City Council Minutes 7 March 5, 1991
plat; (g) submit a conservation easement to cover the DNR protected
wetland on the east side of the property; (h) dedicate Outlot A to
the City free and clear of any liens, mortgages, or incumbrance, or
environmental hazards; (i) submit surety for the tree replacement of
294 caliper-inches; (j) submit a detailed storm water runoff and
erosion control plan for review by the Watershed District and the
City Engineering Department prior to the issuance of any grading
permit, and install proper erosion control and tree protection fencing
at the construction limits; (k) pay a cash park fee which would be
charged in this case.
Lambert said that the Parks, Recreation and Natural Resources
Commission reviewed the proposal at their March 4, 1991 meeting and
basically addressed two issues: (1) The natural resources impacts of
a cul-de-sac versus a through street, and (2) the proposed trail
locations or access to the neighborhood park. The Commission
recognized that both alternatives would put a street through a core
of the most significant trees. The Commission believed that the loss
of a tree mass due to the installation of a through street would be
greater than a cul-de-sac. The Commission also was concerned about
the impact of a through street on the marsh. Therefore, it had
recommended support of the cul-de-sac on a 7-0 vote. It also
recommended on a 7-0 vote that a trail corridor along the creek be
• relied upon for access to the creek and Creekwood Park, through
the outlot, whenever the creek trail was available. It believed that
going between houses with a sidewalk or trail should be avoided
because there was a sidewalk to Sunnybrook and then to the park,
giving safe access.
Bob Solohub, 11760 Welters Way, spoke in support of the development
plan. He said there was strong support in the neighborhood for the
cul-de-sac for safety and environmental reasons. He said he also
believed it maintained the integrity of the neighborhood. He
presented a petition from 44 homeowners in the area in favor of the
development proposal and asked that Council approve the cul-de-sac
plan.
Bill Hoag, 11995 Sunnybrook Road, spoke in favor of the cul-de-sac.
He was concerned for the safety of children in the area should a
through road be built.
Anderson said that he would like to see a trail connection through
this neighborhood. Lambert said that it would mean designing a
trail between two private properties. He said that the Parks,
Recreation and Natural Resources Commission had concluded that
because there was an outlot down to the creek where a trail would
be eventually provided, to put in a trail access at this time would be
a duplication of something that would happen in the future.
Anderson said that he believed it would be easier to put the trail in
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City Council Minutes 8 March 5, 1991
•
before the houses were built. Tenpas said because the park was not
used by a great number of people, he would be opposed to putting a
second trail in this development.
Jim Ostenson pointed out that most people would have access to the
trail from Sunnybrook Road. There would be 20 families who would
have to walk back approximately one block to get to the trail access.
He said the safest alternative was to bring people out to Sunnybrook
Road rather than Homeward Hills Road. Also the park had facilities
for children 10 years and older and so there would .not be small
children using it. He advised against putting a trail between houses
if it could be avoided.
MOTION
Jessen moved to close the public hearing and approve the 1st
Reading of Ordinance No. 7-91 for Rezoning, Adopt Resolution No. 91-
42 for Preliminary Plat approval; and Direct Staff to prepare a
Development Agreement incorporating Commission and Staff
recommendations. Seconded by Tenpas.
Harris said she was not comfortable with not having a through street
• in the area. However, because the cul-de-sac was not a great deal
longer than the existing dead-end streets, she would vote in favor
of it.
Pidcock said she would support the motion if the cul-de-sac was
made wider and the trail were included. Anderson agreed with
Pidcock on the trail but would support the cul-de-sac because of the
environmental issue. Tenpas said he would favor the cul-de-sac and
support the motion.
Vote on the motion was 3-0-2 with Pidcock and Anderson abstaining.
Motion failed.
Anderson said he would like the issue of the trail to be investigated
thoroughly to see if something could be worked out for a temporary
trail connection and also investigate the possibility of a turn-around
for emergency vehicles or school busses. Harris and Jessen
expressed concerned about putting in a second trail at this time
when there was a plan for the trail to be put in at some future
date.
MOTION
Pidcock moved, seconded by Anderson, to reconsider the previous
action. Motion approved 5-0.
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City Council Minutes 9 March 5, 1991
MOTION
Jessen accepted Anderson's suggestion as a friendly amendment to
the original motion to direct staff to investigate the possibility of a
trail connection. First motion approved as amended 5-0.
C. OUTSIDE STORAGE AND DISPLAY by City of Eden Prairie. Request
for amendment to City Code Chapter 11, Section 11.03, Subdivision
3.J.1. and 2., and by adding a new 4., to clarify regulations
pertaining to outside storage and display in Industrial and
Commercial Districts. (Ordinance No. 3-91) Continued from February
19, 1991.
Jullie said this item was continued from February 19, 1991. Original
notice for the hearing was published in the February 7, 1991 issue
of Eden Prairie News. He said the proposed ordinance clarified what
must be screened and what must be enclosed in the industrial and
commercial districts. Planning Commission recommended approval of
the ordinance at its January 28, 1991 meeting.
There were no comments from the audience.
• MOTION .
Pidcock moved, seconded by Harris, to close the public hearing and
approve first Reading of Ordinance No. 3-91 pertaining to outside
storage and display in Industrial and Commercial Districts.
Anderson asked what was meant by outside storage and asked if
temporary greenhouses where bags of fertilizer and other supplies
were kept would be classified as outside storage. Enger said any
storage area that did not conform to zoning standards with regard
to exterior building material would be considered outside storage.
He said the purpose of the ordinance was to cover what was
discovered to be a loophole in the ordinance covering industrial and
commercial districts. He cited the case of the proposed medical
waste incinerator in the 62 Crosstown Industrial Park. The way that
the I-General District of the Zoning Code was worded, it seemed to
allow processing and manufacturing outside, which was not intended.
The language had been corrected so that all processing and
manufacturing must be done inside. Enger added that there
probably were some violations of this ordinance in the City.
Motion approved 5-0.
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City Council Minutes 10 March 5, 1991
•
V. PAYMENT OF CLAIMS
MOTION
Pidcock moved, seconded by Harris, to approve payment of claims.
Payment of claims approved with Jessen, Pidcock, Harris, Anderson and
Tenpas all voting "AYE".
VI. ORDINANCES AND RESOLUTIONS
VII. PETITIONS. REQUESTS & COMMUNICATIONS
A. Presentation of Revised F19iniz Cloud Airport Noise Abatement Plan
(Continued from February 19, 1991)
Jullie said this item was continued from the February 19, 1991
meeting. He said that the Metropolitan Airports Commission had
prepared a plan for the City regarding noise abatement at Flying
Cloud Airport. Staff believed that the plan represented a good
beginning to help control aircraft-related noise at Flying Cloud
Airport.
• William Helker, 7230 Divinity Lane, chair of the City's Flying Cloud
Airport Advisory Commission, said this group had been working with'
the Metropolitan Airports Commission to strengthen and improve the
Noise Abatement Plan. On February 6, 1991, the Advisory Commission
voted to recommend to Council favorable consideration and
endorsement of Flying Cloud Airport Noise Abatement Plan as
presented. He pointed out that the plan reflected compromise on the
part of all members of the Commission, particularly of members of the
Airport Business Association.
Tim Anderson, Director of Airports for the Metropolitan Airports
Commission, reviewed the plan. He pointed out that the noise
abatement plan was a step toward some of the construction planned
for Flying Cloud Airport, but he believed it was a good plan even if
construction was not done at the airport.
He reviewed the reference to monitoring. The revised plan provides
for more monitoring than the original plan, and said monitoring was
planned for June; July, and August, 1991. There were two reasons
for monitoring: (1) To monitor the performance of pilots in the
pattern and their compliance with the noise abatement plan; and (2)
to verify noise levels. The Commission would report to the Council
in one year on the status of the monitoring and the status of the
Noise Abatement Plan.
•
City Council Minutes 11 March 5, 1991
Anderson said the basic enforcement tool was the lease arrangements
with tenants at the airport. Leases could be terminated for failure
to comply with airport rules. He said educational programs for all
persons who use the airport were planned, such as local seminars
and articles in publications which were directed to pilots, as well as
education through various aviation associations.
He said that it was the intention of the Metropolitan Airports
Commission that upon endorsement from the City, the airport staff
would incorporate the Noise Abatement Plan into the. Comprehensive
Master Plan Update for the Flying Cloud Airport to seek approval
from the Metropolitan Airports Commission, probably in April.
Enger pointed out that the Council was on record as recommending
denial of the MAC Master Plan. After the MAC Master Plan had gone
to the Metropolitan Council, it had adopted it subject to Eden Prairie
and MAC being able to work out several issues. The noise element
of that approval was only one item. The resolution outlines that
adoption of the Noise Abatement Plan would be only the beginning
step in a noise abatement plan process, gathering information on
noise at the airport. He said that staff believed that MAC's
commitment to extend the duration of the monitoring would produce
more useful information and an indication as to how effective the
• proposed noise control methods would be. He emphasized that this
was only the first step in a noise abatement plan. Other items that '
the Metropolitan Council had requested that MAC work on with the
City included: (1) Provision of sewer and water to the airport; (2)
Encourage joint airport zoning board; (3) A runway extension to
5,000 feet continue to be evaluated; (4) Preliminary site design and
visual effects be evaluated at time of development of the airport
building area plan; (5) That land uses around the airport be
considered to provide compatibility with any airport expansion.
Jessen asked if the noise at the airport would be less because of
this plan and how the monitoring would be done. Tim Anderson said
that the goal was not necessarily to reduce noise but to put it in a
more favorable area. In the case of Flying Cloud Airport this would
be over the river basin area as opposed to over homes. He said
monitoring would be done at least five days a week May through
September.
Joe Lowney, 8012 Timber Lake Drive, a fixed-base operator at Flying
Cloud Airport, said that the seaplanes were fairly noisy because of
the propeller speed. He said his organization had instructed users
of the airport on how to stop the supersonic noise of the propeller.
He said that students were instructed in remote areas instead of
flying close to the airport as a way of reducing airport noise.
Don Atkins, 9580 Eden Prairie Road, said he believed the airport was
• noisier in 1967 than it was today. He said that the small planes
• City Council Minutes 12 March 5, 1991
were noisier than the jets. He favored a monitoring system and
updating of the airport.
Bob Hallett, 17051 Valley Road, said he believed the Advisory
Commission was made up of persons who had a vested interest in
Flying Cloud Airport and therefore the recommendations from the
Advisory Commission should be taken in that context. He said the
noise from the jets disturbed him a great deal. He questioned if the
noise standards were appropriate. He asked why monitoring was
contingent on the availability of an intern, and suggested that
someone be hired to do this. He said he favored increased
monitoring. He also said he would like the reference to measures
taken against repeat offenders to be more specific. He said he was
not in favor of expanding the airport and suggested that if property
values were lowered as a result of the expansion, the property
owners should be reimbursed.
Steve Yerkes, 16575 Hilltop Road, said that he believed the noise was
a real problem and that moving the noise would have a relatively
small impact compared to the impact of any future expansion of the
airport. He encouraged the Council to keep this in mind when
considering the Noise Abatement Plan.
• Dave Rasmussen, 16275 Valley Road, said he supported the Noise
Abatement Plan. He proposed that a vendor be found to supply
fixed equipment at the airport to monitor the noise and that noise be
monitored in real time by the control tower. In this way, pilots
could be notified immediately of any violation.
Tim Anderson explained that noise monitoring would give information
only on accumulated noise and not noise from a particular aircraft.
On the issue of permanent monitors, this could be done, but
experience had shown that pilots tend to cut back power over the
monitoring device which often results in decreased safety. For this
reason the Metropolitan Airports Commission did not endorse this
method of monitoring.
Jim Mitchell, 7341 Franklin Circle, General Manager for ASI Modern
Aero at Flying Cloud Airport, said most operators were very
committed to the Noise Abatement Plan and were aware who the
violators were. Therefore, the operators could do a lot to correct any
violations. He said that the higher altitudes required at the airport
had helped with the noise problem to some extent.
Mark Michaelson, 17151 Cedarcrest, said he believed the problem was
that planes were lower than 1000 feet required in the approach area.
He favored monitoring on weekends and videotaping aircraft. He also
favored measuring the spikes of noise rather than using
accumulative effect figures. ' He said he believed individual pilots
• should be fined if they violated the noise standards.
City Council Minutes 13 March 5, 1991
Kent Barker, 15801 Cedar Ridge Road, said he believed violators of
the noise standards should be charged with misdemeanors according
to State statues, but this had not happened. He said there was no
real enforcement regarding the altitudes and patterns used by pilots.
He said that he believed MAC made promises that were not followed
through. He said noise spikes were a concern in -- community that
was generally quiet such as Eden Prairie. He said that believed
allowing large aircraft represented a safety issue.
Tenpas asked what authority the City had to regulate noise levels at
the airport. Pauly replied that he believed the City had no
authority in this matter.
MOTION
Farris moved, seconded by Anderson, at 11:05 PM to continue the
meeting for 30 minutes. Motion approved 5-0.
George Pearson, 6912 Rosemary Road, said he believed that the MAC
was attempting to shift jets to Flying Cloud Airport with the
expansion plan. He questioned the necessity for the expansion.
Al Lange, President of Elliott Beechcraft, 13801 Pioneer Trail,
• suggested that the Council look at the positive things about Flying
Cloud Airport. (1) The airport brings business into the City and the
State by companies such as John Deere and Detroit Tool. (2) The
airport was an educational center for students who wished to learn
about aviation careers. (3) Flying Cloud had the only air traffic
control facility in the country outside of a facility in Oklahoma City
operated by the FAA. (4) One of three technical colleges in the
state for training aviation mechanics was located on Flying Cloud
Airport. (5) There were schools at the Airport teaching people how
to fly. (6) The Airport afforded an opportunity for jobs with 400
persons being employed there. (7) Flying Cloud Airport was a
business center with property and real estate taxes being paid to
the community. (8) Flying Cloud Airport was one of the last
remaining open spaces in the community and very well maintained by
MAC. (9) The Airport was a recreational center with ball fields and
soccer fields being located there at minimal cost to the City.
Mr. Lange advised the Council against more restrictions at the
Airport as he believed it would discourage business from coming into
the City and the State.
Bob Gartner, 15769 Cedar Ridge Road, said that MAC had been
reluctant to enforce rules in the past. However, he encouraged the
Council to cooperate with MAC on the noise issue.
Council was in general agreement that the City should work with
• MAC on the Noise Abatement Plan.
• City Council Minutes 14 March 5, 1991
MOTION
Harris moved, seconded by Tenpas, to adopt Resolution No. 91-55,
Summary of Findings on the Proposed Flying Cloud Airport Noise
Abatement Plan.
Jessen suggested that a requirement for continuous monitoring be
included in the resolution. This would revise the first sentence in
Item 1 of the Resolution to read: "The Metropolitan Airports
Commission provide additional and continuous aircraft noise
monitoring..." Harris and Tenpas accepted this addition to the
motion.
Motion approved 5-0.
VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS. & COMMITTEES
IX. APPOINTMENTS
X. REPORTS OF OFFICERS
A. Reports of Councilmembers
. 1. Appointment Announcement
Pidcock announced that Harris had been appointed by Governor
Carlson to a seat on the Joint Commission of Judicial Appointments.
2. Park Reserve District Board
Jessen said there was a change proposed to eliminate the two
County Board appointments to the Hennepin Parks Board. If this
change were to go forward, each of the municipal councils would
be asked to adopt a resolution supporting an all-elected Park
Board. He said that meetings would continue to be held on the
subject.
3. Eden Prairie High School Gymnastics Championship
MOTION
Anderson moved that the Girls Gymnastics Team from Eden Prairie
High School and their coaches be commended for their efforts and
success in winning the State Championship Title for Girls
Gymnastics. Seconded by Pidcock. Motion approved 5-0.
Jessen suggested that other teams, not just those in athletics, be
recognized for their achievements.
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City Council Minutes 15 March 5, 1991
5. Rotary Club Donation of Trees
Tenpas announced that the Rotary Club of Eden Prairie had
designated $1,000 a year for the acquisition of trees, and directed
staff to draft a thank-you letter that could be read at the next
Rotary Club meeting.
B. Re sort of City Manager
XI. OTHER BUSINESS
XII. ADJOURNMENT
MOTION
Harris moved, seconded by Pidcock, to adjourn at 11:40 PM. Motion
approved 5-0.
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