City Council - 04/22/1975 ;APPROVED
MINUTES
EDEN PRAIRIE CITY COUIICIL
- -^c TUESDAY, APRIL 22, 1975 7:30 Pm. CITY HALL
COUNCIL T!"I'MI-JLRS : Mayor D. �•:. Osterholt
William Bye
Joan Meyers
Sidney Pauly
Wolfgang Penzel
COUIICIL STAFF PRESENT : City Manager Roger Ulstad
City Attorney Harlan Pe.rbi.x
Planner Dick Putnam '
Director of Community
Service — Marty Jessen
Engineer Carl Jullie
Recording Secretary -- Belinda Vee
INVOCATIO14 — Given by Councilman Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL — All Council Members Present
I . PR�;SEi�TATION BY THE LION• S CLUB TO THE CITY OF ED EN PRAIRIE
. Continued — flags did not arrive .
11 . IViI NUT ES
A . MINUTES OF THE REGULAR MEETING HELD APRIL 81, 1975 .
Pg. 2, Change Mr. Ken Barker to Mr. Kent Barker.
Change Mr. C . C. Miller to Mr. Art Miller
• y
Pg. 3 , Para. 3 , 2nd line , delete "and" .
Pg. 7, Para . 3 , delete "Also" , insert "He also stated" .
Pg. 8, Para . 5, delete "suggested" , insert "requested" .
Insert "information on" prior to "Land" .
Pg. 9, Para S , Insert "want" prior to "Kingston" .
{
Pg. 10, Para. 3, Insert "a 16—foot strip" after "dedicate" .
Insert "new" to "road" .
Para . 4, Insert in (2�rior
"with exception of sidewalks
on Kingston Drive" .
E
Pg. 111 E. 1 , Insert "paying; for" after "regarding".
New Business , insert "Chairman of Chanhassen Planning
Commission" after "Herbst".
Pauly moved to approve minutes as published and corrected,
Penzel seconded . Bye , Meyers, Pauly, Penzel and I-•iayor ;
Osterholt voted "aye" , motion carried unanimously.
r Minute s -?- April 22, 1975
II . MINUTES ( Coat • d. )
B . 1A,1Ni;TES OF THE JOINT CITY COUNCIL AND PARK Fc RECREl1TIOIJ
Pg. 3 , Para. 2 , Line 1,., delete "was", insert "fall"
Pg . 14. , Correct "Krull" to "Kr-uell" .
a
Meyers moved to approve minutes as published and corrected,
Penzel seconded . Bye , Meyers , Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
I
III . PETITICNS , REQUESTS AND COfa4,iUNICATIONS
A . Request from Phoenix: Petroleum to atmeal Board of Appeals
ana xa,7ustments der ci.sion o: i-!arc 0, 1 5.
Councilman Bye stated as he was present at meeting of
Board of Anpeals and Adjustments I.Larch 20, 1975 , he
would abstain from the reouest proceedings.
Mr. Lowell Noteboom, representing Phoenix Petroleum, stated
he was not sure the Council had time to review all the
records presented. and .•anted the decision to reflect all
i the documents involved. Mr. Noteboom gave a lengthy pre-
sentation on the background and history of the issue before
the Council. He emphasized the property vas not abandoned
and that the appearance of the property in no tray affected
the "abandonment" issue .
Mr. Perbix, City Attorney, suggested the Council take no
action until they had an opportunity to review the large
amount of data contained in the property file and ask
any questions of hire concerning the leEal issue involved.
hlr. Noteboom responded to questions by Council Members .
Pauly moved to continue until 14ay 27, 1975 Council Meeting ,
Penzel seconded . r4eyers, Pauly, Penzel, and Mayor Osterholt
voted "aye" , Bye abstained from voting . Motion carried.
IV. REPORTS OF OFFICERS , BOARDS AhTD COt•Ti.ISSIONS
A . Report of h;avor
1. Appointment of Youth r-;ember to the Human Rights
ommi ss ion.
Penzel moved to appoint Terri Grussing to Human Rights
Commission, Bye seconded . Bye , 14,eyers, Pauly, Perizel
and r•iayor Osterholt voted "aye" , motion carried unani-
mousJ..y. f
Minutes -3- April 22 , 1975
IV . REPORTS OF OFFICERS , BOARDS AND COI,'2USSIONS ( Copt ' d. )
B. Report of City Attorney
1 . Property Damage Claim Against W . A . Phillznoi
Bye moved that the City Attorney be authorized to
settle claim for $300, Pauly seconded . Bye , Meyers ,
Pauly, Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously.
C . Revoi-t of Citv Manazer
1 . 4/5 Perini Sector Study
Bye moved to continue to May E, 1975 meeting, Penzel
seconded. Bye , Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
2 . Discussion of Ordinance No . 300 , regulating and
licensing mechanics amusement aevices and providing
a penalty..
• q
City Manager Ulstad requested continuing the second z
reading of Ordinance No . 300 as a firm planning to r
install some machines in new Homart Center has Dre—
sented some different views .of the Ordinance ana
the staff would like time to review them.
Penzel moved to continue second reading of Ordinance
No. 300 to May 13 : 1975 meeting and direct staff to
prepare synopsis of history of Ordinance , Meyers
seconded. Bye , I41eyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
3 . Community Growth Council
Mr. Ulstad ex_olained he received a letter from
Mr. Hanson of the Chamber of Commerce requesting
a meeting with representatives from Council and
staff regarding the Community Growth Council.
Penzel moved to ask City Manager to contact Chamber
of Commerce and request a meeting of all individuals
and organizations concerning this matter, Bye seconded.
Bye , Meyers, Pauly, Penzel and Mayor Osterholt voted
"aye" , motion carried unanimously.
D. Report of City Engineer
1. Status renort on Federal Highwav Administration
A-nur-v_vz; .L of rtinq Road , 1-494 and '1 .H.16 hc� cess
ecucst .
1.1inutes -1, - April 22 , 1975
IV REPORTS OF OFFICERS , BOARDS AND C01,11ISSIONS ( Cont ' d. ) _
D. Report- of City Engineer ( Contf d. )
I . Status renort on Federal. . .
Engineer Jullie stated he received a letter from
Minnesota Highway Dept . explaining the Federal
Highway Administration Dept . has informed them
they need more time and information before they
can approve the proposed interchange construction.
Jullie suggested the Council direct the staff to
work with Highway Dept. and major property owners
. involved to construct temporary ramps and also
direct staff to actively pursue the approval of
the proposal submitted with the Highway staff.
Council T--iembers discussed contacting our
Congressional delegation to meet with theca and
discuss the matter.
5enzel moved to direct City Manager to draw up a
letter to our Senators and Representative in the
U. S . Congress for the riayor• s signature delineating
the time and effort spent on this project to date ,
the investment made - both public and private , the
yM commitments on the part of the community and indivi-
duals for this overall planning, and the number of
jobs that will be lost due to this delay, Bye
seconded . Bye , Dieyers, Pauly, Penzel and Mlayor
Osterholt voted "aye" , motion carried unanimously.
E. Report of Planning Director
1. Comnrehensive Guide Plan, discussion of Planning
Commission recommendations.
Mayor Osterholt requested that Councilwoman Meyers
take the chair while he stated his feelings regarding
the updating of the Comprehensive Guide Plan.
Osterholt gave a brief history of how the Comprehensive
Guide Plan originated and how important the Plan has
been to Eden Prairie . He stated that m annual reviewal
of the Plan should have been mandatory. Also, since
that time , there have been significant changes and
developments such as increased population , a number
of PUD ' s approved, bond issue , etc .
Osterholt moved to have Council adopt a resolution
or policy to update the Comprehensive Guide Plan with
a report and recommendations being supplied to Council
within 60 days and the report to include input from
the various commissions and an estimate of the cost
of such a reviewal. Pauly seconded. Bye , Pauly, Penzel,
Osterholt , and Acting Mayor Meyers voted "aye" , motion
276
4
Mi nutes —5-- April 22 , - 1975
IV . REPORTS OF OFFICERS , BOARDS AND COr•I,ISSIONS (Contd. )
E. Renort of Plarininr- Director ( Copt • d. )
1. Comorehensive Guide Plan, etc . (Cont ' d.-)
carried unanimously.
2. Housin7 Assistance Plan, discussion of draft report .
Putnam stated the document presented was intended
to open up discussion on this matter.
Penzel moved to direct staff to Dresent renort to
Planning/Zoning Commission and Human Rights Commission
and to state Council will be available if they desire
to have a joint meeting , Bye seconded. Bye , Meyers #
Pauly, Penzel and 1.1avor Osterholt voated "aye" ,
motion carried unanimously.
3 . Lyman Lumber Comoanv, 20 acre industrial development
located in eastern �7nanhassen.
City h;anager Ulstad stated the Council of Chanhassen
will consider this matter on May 5, 1975 and suggested
(' approving either a resolution or a motion asking that
Chanhassen consider Eden Prairie ' s thoughts and con—
siderations in this matter. The City Manager stated
he was ati•.are Eden Prairie had no authority in this
matter, but is concerned about the choices available .
Council members discussed the proposed development
and voiced. their concerns regarding outside storage ,
noise and dust control, drainage , road access , and
plans for frontage road.
r4eyers moved that we direct staff to draft resolution
outlining concerns of staff report dated April 17, 1975
and concerns voiced by Council members this evening
and state Eden Prairie opposed industrial development
in this area in 1970 and are reaffirming that position
and submit the resolution to the Chanhassen Council
• c•:i.th a cover letter signed by the Mayor. Penzel
seconded . Bye , Meyers, Pauly, Penzel and Mayor
Osterholt voated "aye" , motion carried unanimously. .
4. r'CA Ordinance , update on staff progress in developing
request for proposal.
Planner Putnam stated they had sent out notices to
property o:mers in area to get their feelings and
had the first meeting April 15 , 1975 and Council
members t.i.11 receive copy of minutes. Stated the
ox•niers are encouraged to be brought into process .
No Action .
Mlinutes —b-- April 229 1975
IV. OF OFFICERS , BOARDS AND CDT-IMI ISS IONS ( font' d. )
E . Re:�,ort of Planning Director (Cont ' d. ) h
5. Ordinance No. 135 , amendment regarding office use in
Industrial istrict.
City Manager Ulstad requested a Public Hearing be
set for 2nd meeting in May to discuss the matter
of adding some amendments to Ordinance 135.
Planner Putnam presented the Planning Commission's
review on this matter.
Penzel moved to set Public Hez_ring for Play 13, 1975
for adding amendments to Ordinance 135, Bye seconded.
Bye , Meyers , Pauly, Fenzel and Mayor Osterholt voted
"aye" , motion carried unanimously.
b. 1`4AI C Airport Ex-oansion
Council Members discussed the various concerns they
have regarding this matter such as noise control,
( economical benefits, safety hazards, etc.
` ?Meyers moved to direct staff -to have this matter
placed on ILAC Agenda(May 2, 1977)and draft resolution
there be no further action on this ex?oansion proposal
until the Citv of Eden Prairie receives more detailed
information t•:hiQh has been requested, Bye seconded.
Bye , Mevers , Pauly, Penzel, and Mayor Osterholt voted
"aye" , motion carried unanimously.
Penzel moved to instruct staff to draw up resolution
and make our concerns kno�,rn and demand we have an
official part in final decision and suggest they have
a Public Hearing in this Community, Pauly seconded.
Bye , I.4eyers, Pauly, Penzel, and Mayor Osterholt voted
"aye" , motion carried unanimously.
hir. William Bonner, 9548 �Noodridge Dr. , stated he
agreed with Councilman Bye that you "have to stop
the snow ball" .
Council Members discussed calling the MAC members
to state their opposition to this proposal and also
to attend Play 2, 1975 meeting. '
2'75 t-
ISiniit,=�= --7- April 22, 1975
IV. RSPOi:TS OF OFYIC' :ZS , BOARDS AND CO1,1USSIONS ( Coat' d. )
F. Rer)ort; of Director of Cornmunity Services
1. Enuestrizn Center 141ana�ement Program
I..r. Je'ssen reeuested the Council accept the recor=,end-
ation of the Park & Rec Commission as stated in his
memo of April 17, 1975 .
Penzel moved that the staff inform current renters
that a horse operation will be continuing at Rock Isle' _
Ranch and staff be directed to develop and pursue
procedure for leasing operation with all due haste
no later than Tay 13 , 1975 , Bye seconded . Bye , Meyers,
Pauly, Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously.
2 . Picnic Pavilion
Mr. Jessen responded to Council Members cuestions
regarding the pavilion and the cost of the architect' s. .
fee .
I
P '
Meyers moved that the City retain Mr. Jack Ovick �
as per memo of April 17, 1975 with maximum fee not
to exceed $2000, Penzel seconded. Bye , D_eyers ,
Penzel and Mayor Osterholt voted "aye" , Pauly voted
"Iday" , motion carried.
3 . Park & Recreation Capital Imorovement Program
Considerably: discussion followed Mr. Jessen' s explana-
tion of the 2 - part proposed bond issue . Some of
the concerns voiced were the need of indoor facility,
duplicating tennis court facilities, whether docu-
mentation of indoor facilities :•ras prepared solely
by hockey association, sand floor versus concrete ,
trhether 49-"l of bond issue money would be used for
facilities by 1977, vridth of paths, etc.
Penzel moved to set a date for a special meeting of
Council for sole consideration of concerns and various
options of this matter and set ourselves an overall
time limit to complete considerations and arrive at
a decision on a bond referendum with an outside limit
of 60 days ( June 22 , 1975) and set date for special
meeting as May 8, 1975 , 7: 30 PI:, City Hall, Bye seconded.
Bye:, I-leyers, Pauly, Penzel and Mayor Osterholt voted }
"aye" , motion carried unanimously.
Pen^el reco!-:urnended the staff and Park/Rec. Commission
'%•rork ;•rit;h the Hockey Association and E.P .A .A . to
develop a plan .to inform public of proposals to be
made . Bye suggested this be done before I-lay 8 , 1975
so Council will have their imput for the meeting.
hlinutc^ April 22 , 1975
IV. R";PORTS OF OFFICJRS , BOARDS AND C01-11ISSIO'NS (Cont ' d. )
G. Penort. of Finance Director
1. Clerk' s License List
Penzel moved to approve Clerk' s License List , Bye
seconded . Bye , Meyers', Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
2. Pavment of Claim Nos . 6319 ; 6415-6533
Penzel moved to approve payment of Claim :cos. 6319,
6415--6533 , Bye seconded. Bye , Meyers , Pauly, Penzel
and Mavor Osterholt voted 'lave" , notion carried
unanimously.
Penzel suggested the staff prepare a highlight
sheet on payment of claims as done in past .
V. ND:: BUSINESS
Penzel moved the matter of areas previously in planned study (to
be returned there for one more year) be placed on_ Council__
agenda , Mevers seconded . Bye , I•:evevs, Pauly, Penzel and
Playor Osterholt voted "aye" , motion carried unanimously.
I.7eyers - requested report from staff on progress of sign
ordinance enforcement .
Meyers - stated that in the Edeng ate proposal they have
encountered some discrepancies as to the floodt)lain boundaries
and would suggest this be placed on May 13 , 105 agenda.
City Manager Ulstad stated the officials cf Homart would like
to arrange a. tour for Council Members of the new Homart Center.
City Manager Ulstad presented a communication from Edenvale
regarding the use of school facilities, closing of streets,
and use of Round Lake for Amateur Super Star Festival and
suggested. placing on agenda of. Iay 6, 1975.
Mayor Osterholt stated he received a letter from George Adzick,
Lake Riley, offering use of his equipment so that young people
in early teens can 'learn to sail. He would also instruct the
youngsters.
VI . ADJOURNIr,i-NT
Penzel moved to adjourn at 1 : 00 AM, Meyers seconded . Bye ,
Meyers , Pauly, Penzel and I4ayor Osterholt voted "aye" , motion
carried unanimously.
f� #
f