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City Council - 10/14/1975 V k ti APPROVED MINUTES :. EnEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 14, 1975 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulsted City Attorney Harlan Perbix City Planner Dick Putnam City Engineer Carl Jullie City Building Inspector Wayne Sanders Recording Secretary Joyce Provo INVOCATION - Given by City Attorney Perbix. PLEDGE OF ALLEG DANCE ROLL CALL - All members present. I. PUBLIC HEARING S A. Flying Cloud Airport Master Plan Continued Public Hearing from September 11 which was held at the Vo-Tech School . Mayor Osterholt explained the following procedure to be followed: Persons wishing to be heard are to sign registration form, and both opponents and proponents will be allowed 45 minutes. Claude Schmidt, Director of Environmental Affairs for MAC, outlined their plans to retain airport at present status as a general utility airport. MAC recommends Alternative Al , the ©xtention of two of the runways - the South ea st-west runway would be extended from 3200 to 4100 feet,and the north-south runway from 2700 to 3100 feet, both runways with a displaced threshold . Also the installation of a modified landing system and night lights. Pauly stated that this ;vas one of the busiest airports with a high ranking,and if Mr. Schmidt felt the same people would use the airport if it were left in the same condition. a r- Council Minutes - 2 - Tues. ,10/14/75 I. PUBLIC HEARINGS (Continued) A. Flying Cloud Airport Master Plan (Continued) Schmidt responded that Flying Cloud' was at one time the 3rd or 4th busiest in the United States and that it is about half of what it was in mid 60's . Also stated that he does not feel same people . would use the airport,as when people become used to flying aircraft they like to get in and out as fast as possible. Meyers asked if there is any construction or reconstruction on #169 anticipated. Schmidt responded negatively. Bye was concerned that all alternatives were not offered, like alternative zero or minus._ Also questioned: 1) What about potential devaluation of property in the area, 2) What about the potential loss of tax revenue in the area , and 3) What about the disturbance with the noise ? Also expressed a great concern about how to make Flying Cloud safer. Bye stated that he was of a mind to leave things exactly as they are now. Schmidt stated that he could not address himself to what the value of real estate would be and as far as noise is concerned, the MAC has } ' to comply with the noise standards for the State of Minnesota. He also noted that there will not be extensive jet operations at Flying Cloud. Mentioned he has not seen petitions so does not have the advantage of seeing what was stated . Sally Brown, 10080 Bennett Place , asked Mr. Schmidt if according to his statement that the bulk of the traffic would use the southerly runway, what about those living on the southerly runway? Mr. Schmidt responded that MAC would develop a geographical point for turning and that additional studies were needed . Robert Danielson, 16333 Valley Road, asked if we are being a doormat for the MAC and expressed that nothing has been said about the benefits to the community. Robert Einsweiler, Planning Consultant, stated that points of benefit are not necessarily direct. It would be a benefit for people who live in the community to engage in recreational flying and also for the businessmen who live in the community to use it for their business. Indirectly it is a benefit too as it helps with the tax burden and tax load . Donna Vasiliades, 9190 West Staring Lane , stated that since this airport is serving very few people, ,there is a lot to lose as a community. RECESS Council Minutes - 3 - Tues. ,10/14/75 n I. PUBLIC HEARINGS (Continued) A.Flying Cloud Airport Master Plan (Continued) ' PROPONENTS: Ward Montgomery, President, Flying Training Center, Inc. , Flying Cloud Airport, Home residence - 3618 Rainbow Drive , Minnetonka , expressed his company provides employment for about 200 people some of whom are Eden Prairie residents. Also stated airports are self-sustaining by user fees and jets are quieter than a number of propeller planes that are now in existence . 7 Herb Elliott, Elliot Flying Service, Davenport, Iowa , operates three flying services, one here in Eden Prairie Mr. Elliott stated we are really talking about a small extension so that we can fly over the river for noise abatement. Noted it is hazardous flying into this airport and that he is number one interested in safety. Kermit M. LaQuey, representing BASCO, noted that he has lived around an _ airport most of his life. He flies his planes away from residents homes. _ John Stuber, American Aviation, Flying Cloud Airport, Home residence 2400 West 112th Street , Bloomington, stated that when talking about jets they are not talking about 747's or 727's. Noted jets would be less than noise level from #169. Mr. Stuber has been associated with Flying Cloud for over 20 years and considers - himself a taxpayer of Eden Prairie . Bill Gilk, Beech Aero Center, Flying Cloud Airport, Home residence -15212 Scenic Heights Road , favored the 800 foot runway expansion which would improve the field': safety, especially in adverse conditions. Councilman Bye expressed that he has not seen any great movement or any great ground swell about using this as a recreation area to fly planes,nor any great showing of those people that are present because their business is such that they need an airplane . Maybe we should stop and MAC should make this airport safe right now. z Herb Elliott stated that we do have a safe airport but we could make it a heck of a lot safer. Noted the accident safety record at Flying Cloud is excellent. Dick Putnam, Director of Planning , outlined the alternatives proposed by the MAC . and explained the 7 recommendations adopted by the Planning Commission at their August 25 , 1975 Commission meeting . Councilwoman Meyers expressed her feeling that the Planning Commission approacht,' its charge with the thought that the City was being politely asked for a response and, that the response the City makes to MAC can be accepted or altered again. RECESS ` Council Minutes - 4 - Tues. ,10/14/75 I. _PLfBLIC HrAR ING S (Continued) A. Flying Cloud Airport Master Plan''(d6iitftiujd) OPPONENTS Mike Voorhees, 1711 Cedarcrest Drive , asked why consideration of this expansion could not go to the voters . Mayor Osterholt responded that it could be put to a straw ballot but that the Council is elected to represent the people of Eden Prairie and is charged with this responsibility. Voorhees further asked.if there could be a guarantee that no jets would fly in or out of Flying Cloud . Schmidt responded that as a member of the MAC staff he would make this as a recommendation to the Commission. Richard Kullman , 9330 Cedar Forest Road, stated the community wants less traffic . The whole premise is wrong. Einsweiler responded that under the law the 1VIAC is charged to respond to the Metropolitan Council plan to define the airport as basic transport. This has to be dealt with at the Metropolitan Council - it is their policy that Flying Cloud Airport should be a basic transport. ' Robert Danielson, 16333 Valley Road , noted that five of the proponents make their livelihood at Flying Cloud and that Eden Prairie residents object to out-of- towners expanding their livelihood at the City's personal expense. Ruth Hustad, 10525 Bluff Road, questioned if there has ever been consideration of doing an environmental impact study on'how the Airport affects the City of Eden Prairie and presented petition calling for same . Frank B. Meijers, 9507 Creekwood Drive, opposed any further. expansion and presented written material to the Council. (Note Exhibit "A"). Dave Quanbeck , 16150 Hillcrest Lane , was concerned that improvements would bring increased traffic . Jim Brown, 11551 Riverview Road, expressed his concern for people stating that any continued growth is bad . Does not advocate kicking Flying Cloud Airport out of Eden Prairie . Advocates letting the quiet aircraft exist. Noted people at the airport haven't been able to police themselves. Ed Olson, 9360 Cedar Forest Road, stated he was concerned about the potential airport growth. Two years ago he made a phone call to the MAC office and asked them their plans for Flying Cloud !Airport and jet aircraft. MAC assured him that . this airport would not be expanded to handle commercial or private jet aircraft traffic. Now questions information he is receiving . The Olson's built in Edon Prairie after receiving informationfiom MAC that they were not planning to expand Flying Cloud Airport. Council Minutes - 5 - Tues. ,10/14/75 I. PUBLIC IiEARIN6 S (Continued). A. Flying Cloud Airport Master Plan (Continued) Ken Grover, 16050 Hilltop Road , expressed the fact that he didn't want to see any expansion of the airport because of his home and family. Floyd Hagen, 15802 Cedar Ridge Road, did not like to see the aircraft down so T: low. 9. t John Sullivan, 9060 E. Sunrise Circle , expressed strong opposition to any further expansion of the airport. Duncan Laidlaw, 15807 .Cedar Ridge Road, stated that by bringing the higher performance aircraft into Flying Cloud, you have an aircraft that is less forgiving of mistakes resulting in increased accidents and loss of property in the area due to sir"crashes . RECESS MOTION: Penzel moved, seconded by Meyers, to close the Public Hearing. Motion carried unanimously. MOTIOrT: Bye moved, seconded by Meyers, that the City Council of Eden Prairie strongly recommend to the Metropolitan Airports Commission that no expansion of Flying Cloud be undertaken and that Flying Cloud be designated as a general utility airport. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, that the City Council of Eden Prairie does support and urges the immediate adoption of safe operational procedures and plans for the current aircraft activity at Flying Cloud. Motion carried unanimously. II. ORDINANCES & RESOLUTIONS A. 2nd Readies of Ordinance No. 295, raquest for rezoning from Rural to Industrial for Modern Tire (9051 Flying Cloud Drive) and Energy Systems (9025 Fling Cloud Drive.-I City Attorney Perbix explained that rezoning agreement with Modern Tire & Energy Systems had been'signed . MOTION: Penzel moved, seconded by Pauly, to approve the 2nd reading of Ordinance No. 295 . Roll Call Vote: Bye, Penzel, Pauly, Meyers and Osterholt voted "aye", motion carried unanimously. B. 2nd Reading of Ordinance No. 296 , request by Stanley Riegert1Prairie Lawn & Garden, to rezone approximately 1 acre from Rural to I--2 Park for a lawn and garden store . Perbix explained that he had prepared the rozoning agreement and zoning ordinance . 1 Council Minute s - 6 - Tue s. ,10/14/75 II. ORDINANCES & RESOLUTIONS (Continued) B. Ind Reading of Ordinance No. 296 (continued . MOTION: Pauly moved , seconded by Penzel, to approve the 2nd reading of of Ordinance No: 296 conditioned upon execution of the rezoning agreement. Roll Call Vote: Bye, Penzel, Pauly, Meyers and Osterholt voted "aye" , motion carried unanimously. III. , PETITIONS, REQUESTS & COMMUNICATIONS • f A. Request by George M. •Hansen Company to conduct the 1975 Audit of the City of Eden Prairie MOTION: Bye moved, seconded by Meyers, to continue this matter to the October 28 Council meeting . Motion carried unanimously. B. Request from John Prueter, Attorney rePresentinci Elizabeth Hanley, to leave the Bryant Lake Park roadway unbarricaded John Prueter, Attorney for Elizabeth Hanley, explained that Mrs. Hanley has ' used the driveway for 25 years. Requested the Council defer from barricading the roadway until Mrs. Hanley has a chance to take this matter to court. Mr. Prueter stated he recognized that they would have the responsibility to ( plow this roadway. The other access to the Beach Road is very steep and hazardous during the winter months and police and fire protection on the other road during the winter months might be questionable. Osterholt requested that Mr. Prueter submit a letter in writing acknowleding the fact that Mrs . Hanley would not expect the community to provide plowing for this roadway. Mr. Prueter agreed to do so . MOTION: Pauly moved, seconded by Penzel, to grant the request of Mr. Prueter on behalf of Mrs. Hanley, to defer from barricading the private driveway with the stipulation that the City would not be responsible for plowing and also that the proposed litigation be in the process before November 15 . Motion carried unanimously. IV. REPORTS -OF OFFICERS , BOARDS & COMMISSIONS A. Report of City En sneer 1 . Receive feasibility report for utilities and street improvements on Forest Hill Road extended east of Edenvale 6th Addition, I.C . 51-273 . David Husby, RCM Associates , answered questions of the Council members MOTION: Penzel moved, seconded by Bye, to continue this matter to the October 28 Council meeting to give staff time to consider alternatives. Motion carried unanimously. a69 \/V\4aLV it 1V1L1,6abV✓ . �. --.- - ♦ — f _L W. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (Continued) A. Report of City, Engineer (continued) q' 2. Resolution ordering_hearing for vacation of that portion of West 78th Street east of T.H . 169 laying between Lot 12 , Auditors Subd . No. 335 (Wye Cafe site) and the Eden Prairie Center Addition, subject to eastment for existing utilities . MOTION: Penzel moved, seconded by Bye, to adopt Resolution No. 1046 setting November 4 as the public hearing date for this item. Motion carried unanimously. 3 . Resolution authorizing the Commissioner of Highways to act as the City's agent regarding Federal requirements for the F.A.U. bikeway/pedestrian trail project along County Road 4 . Penzel questioned what the potential cost to the City would be . jullie replied that Phase 1 trail which was along County Road 4 from our north City limits to Hennepin County 1 would be $150,000 total and we would get F .A.U. funding for 70% of the construction costs. a _. .. MOTION: Penzel moved, seconded by Meyers, to edopt Resolution No. 1047 . Motion carried unanimously. 4. Final plat approval for Mill Creek 5th Addition MOTION: Meyers moved, seconded by Penzel, to edopt Resolution No. 1048 approving final plat of Mill Creek 5th Addition. Motion carried unanimously. 5. Consider change order for bituminous overlay on Mitchell Road from Highway 5 _ to Scenic IH eights Road , Project STR'74-3-08I , I.C. 51-270A. MOTION: Penzel moved, Meyers seconded, the adoption of the Change Order for bituminous overlay on Mitchell Road from Highway 5 to Scenic Heights Road. Motion carried unanimously. B. Report of Planning Director 1. Comprehensive Guide Plan Consultants " Richard Feerick appeared on behalf of the Planning Commission to inform the Council the Commission had made a recommendation to have Midwest Planning update the Comprehensive Guide Plan. After the Commission interviewed four firms , h4ldwest Planning was the best .qualified. Penzel stated it was the Council's desire to have the Planning Commission do a general screening of the potential consultants which might be hired to do the updating of the Comprehensive Guide Plan,and asked Mr. Feerick how difficult it would be for the Commission to arrive at a 2nd or 3rd choice. a law Council Minute s - 8 - Tues. ,10/14/75 IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (Continued) B. Report of Planning Director (Continue 1 . Comprehensive Guide Plan Consultants (Continued) s •. Y Feerick replied he thought it would be possible for the Commission to come up with a 2nd and 3rd choice. Bye stated that he had reviewed the selection process and was impressed with the way the Commission acted . Suggested interviewing Midwest Planning , the recommended firm, to accept or reject them before going back to the drawing board. i Osterholt replied that he would feel more comfortable if the Council could make some comparisons . MOTION: Penzel moved, seconded by Meyers, to request from the Planning Commission that they rank other three companies and that the staff be instructed to invite top two or three contenders to each give a 45 minute presentation to give the Council a choice. This matter was continued to the October 28 Council meeting.. Meyers, Pauly, Penzel and Osterholt voted "aye " , Bye "nay" . Motion carried. t. C. Report of Director of Community Services 1 . Recommendation of Parks, Recreation and Natural Resources Commission on request for City participation on Snowmobile Trails . Marty Jessen, Director of Community Services, explained Commission's approval for City participation of a snowmobile trail , noting that if the . trail became a •problem it would be discontinued after a year. Penzel stated that even if the trail were closed after a year, it would still exist in the minds of people who have used it. Meyers questioned if there is a plan for private parking . Jessen answered that all aspects of this have not been studied. Keith Wall, Sargeant - Public Safety Department, stated that the problems with snowmobilers have not been mainly Eden Prairie residents . The trail will be advertised in State literature for snowmobiles trails, meaning many people outside of Eden Prairie will use it. Do not have any extra policemen available to patrol the trail . Lawrence Lindner, 7820 School Road, felt it would be more satisfactory to keep snowrnobilers *on one trail than all over the place Pauly stated that if it is the people in the community who will use the trail It would be great , but if we are going to be a trail for Bloomington it isn't worth it investment--wise. /a77� Council Minutes y - 1'u9s. ,tu/te1/i5 IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (continued) C. Report of Director of Community Services (continued) 1 . Recommendation of Parks Recreation and Natural Resources Commission on request for City,participation on Snowmobile Trails . (continued) Osterholt questioned why the snowmobilers from Eden Prairie couldn't get easements from property owners just for themselves. Al Brekke , 10091 Homeward Hills , answered that they had secured a number of easements from property owners along the proposed trail but did not feel the local snowmobile club had enough money to establish this trail alone without City participation. MOTION: Pauly moved, seconded by Penzel, that the City Council receive . and file the report on snowmobile trails by the Parks, Recreation and Natural xy:' Resources Commission. Motion carried unanimously. 2 . Recommendation of the Parks. Recreation & Natural Resources Commission on regulation of gravel operators in the City of Eden Prairie . jessen explained the recommendations as submitted to the Council by the Parks, Recreation & Natural Resources Commission. MOTION: Bye moved, seconded by Meyers, to continue this matter to the October 28 Council meeting. Motion carried unanimously. Y 3. 1975-76 Mini-Rink Skating Program Jessen explained the recommendations submitted by the Parks, Recreation & Natural Resources and answered questions from the Council members. MOTION: Bye moved, seconded by Penzel, to adopt the 1975-•76 Mini-Rink Skating Program. Motion carried unanimously. 4 . Set public hearing for Purgatory Creek Open Space Corridor Studer. MOTION: Penzel moved, seconded by Bye, to set November l8as the public hearing for the Purgatory Creek Open Space Corridor Study. 5 . Recommendation of the Parks, Recreation & Natural Resources Commission on policy and procedures for park land dedication or cash in lieu of land. MOTION: Bye moved, seconded by Penzel, to continue this matter to the November 4 Council meeting. Motion carried unanimously. . A72, Council Minutes - 10 - Tue s.,10/14/75 3 a IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (Continued) a D. Report of City Manager 1 . Food Handling Ordinance Y i Ulstad explained that during the past few months the City has worked closely with restaurant people in Eden Prairie . Areas of concern are s with the churches, Schooner Days, Jaycees and the American Legion. A representative from the Eden Prairie Presbyterian Church stated that their church picnic is a fine type of fellowship and would strongly recommend to the Council that these types of "potlucks" churches have participated in the past should continue. i Carol Halmrast, Riley Lake Methodist Church, expressed her desire that an alteration be made in the ordinance to include church. functions . 4 MOTION: Penzel moved, seconded by Meyers, to instruct the Staff to draft an amendment to Ordinance No. 250 clarifying suitable foods for religious and civic organizations in carrying out their normal activities, and that this amendment be brought before the Council at their October 28 �r meeting . Motion carried unanimously. 2 . Sign Ordinance Ulstad stated that during the past summer the City has done an extensive survey in the community notating all of the signs that exist. Also was invited by five industrial firms on October 7 to sit down and visit with them relative to their concerns . Wayne Sanders, Chief Building Inspector,explained that the Chamber of Commerce has mentioned that they were not exposed to the origination of this ordinance . Mr. Sanders asked if it would be possible to have a committee of the Chamber review this ordinance. Ulstad suggested that if in addition to the above mentioned- committee, if the Council would consider referring this matter to the Planning Commission so they may designate a member to sit on the committee . The City Council directed City Manager Ulstad to contact the Chamber of Commerce and request that the Chamber select a committee to review the Sign Ordinance and recommend changes or alternatives to the City Council. , MOTION: Meyers moved to continue the Sign Ordinance to December 9, - seconded by Bye. Motion carried unanimously. ' E. Report of Finance Director - 1. Payment of Claims Nos . 7782 7902 MOTION: Penzed moved, seconded by Meyers, to approve the Clerk's s License List. Council Minutes - 1 I - Tues. ,10/14/75 NEW BUSINESS A. Notice of Bond Sale MOTION: It was moved by Bye, seconded by Meyers, to approve the long form and short form notices of sale for $1,000,000 GO Sewer and Water Bonds, $900 ,000 Improvement Bonds, and $250,000 Certificates of Indebtedness on November 4 . Motion carried unanimously. B. joint City Council and Planning Commission Meeting Meyers requested a joint meeting be set for the Planning Commission and City Council. MOTION: Penzel moved, seconded by Meyers, that a joint meeting of the City Council and Planning Commission be set for November 13 at 7:00 PM, and that an agenda be prepared. VI. ADJOURNMENT MOTION: It was moved by Bye, seconded by Meyers, that the meeting be adjourned at 12:35 PM. Motion carried unanimously. _.: ?e4•ma�yr � .r• ..ww�e , ;-a,,,courr,.+ > . ,^ +e.wM- - �+�aie�-°-,— -