City Council - 06/13/1977 - Special Meeting APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL SPECIAL IZEETING
1122MA Y, Tune 13, 1977 7 t 30 PM, CITY HAIL
COUEOIL 1-0,01MSs Mayor Wolfgang Fenzel
Billy Bye
Joan Meyers
Dave Osterholt
Sidney Pauly
COUNCIL STAFF, FRESENTs City Manager Roger Ulstad; City Attorney
Harlan Perbix; and Lonna Stanley, Recording
Secretary
PLEDGE OF ALLEGIANCE
ROLL CALL: Penzel, r}eyers, and Osterholt present; Pauly and Bye absent.
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I. RF3'CRT F?OMI 01-1 EDE`:rATE Alm PE?JI INS I._h':WITS
City Attorney Perbi:: spoke to propo;.ed findings sent out with zwdified changes.
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City ?"wager tP_sted rei-lowed Sections I and V and responded to questions by z
Co- ncil sr.embers.
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I. Co*rrorchen_sive Guide 1rn UrdritGt a
A. Date of Coyiipletion
City Attu. ney Perbix estimated the completion date to be in the last
week. of Septc:.�ber, and suggested there might be ultimately some addi-
tions by the Council, clarifying some of the sections as to the attitude
of the City.
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Osterholt felt the report indicated that participants in mazy cases
are Brauer and Putnam, and questioned whether neighborhoods and
Cornui,sions were involved. Ile further questioned, as did Ifayor Penzel, i
the dates of July 15 and August 30 as far as receiving a good turn-
out for the forums , and felt participation would be better when school
was in session.
Ulatnd responded that when you see Brauer or Putnam listed as partici-
pants, they will conduct the forum. In response to the question about
the ti-ming, of the forums, Ulst:d indicated that if adequate participa-
tion doesnitoccur at wie first forum, the meetings Would be shifted to
the end of s u=er.
B. Review Ordinnnee Pros 1.35
To be addressed durirg the process of updating the Guide Plan.
CounAl Minutes - 2 - Monday, June 13, lTn
Special Meeting
I. Comoro ensive Guide Plan Update (Continued)
C. Growth Patterns
Ulstad said this would be discussed in forum sessions.
Mleyers asked what should be expected out of the Guide Plan Update.
She spoke to PUD concept approval as it is now, and expressed her
concern for Improvement.
Perbix responded that 'he had discussed this with Ulstad and they
were thinking in terms of an Ordinance. He explained further that
he did not see any reason for not putting an expiration date on
concept approval.
D. Mobile Home Distracts
Ulstad explained that this would be addressed during the Guide
Plan updating process.
Meyers, referring to the Ibbile Home Districts, PUD process, and
the Low and ?-moderate income rousing and financing, questioned whether
specific reco=endations were to be made by Brauer and Staff in the
Guidc Plan or do you see the Council setting up Task Force studies
in these areas. kk
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Ulstad explained that he had no objections to this method, but be
did feel that Brauer would be giving the Council positive recommendations
to review.
Moyers further questioned whether the public forums would provide
Brauer with enough information and whether the ordinances would be
re-crafted or new ordinances provided.
Ulstad expressed confidence that the forums should provide enough
information and alternatives would be discussed, and recommendations
would then be presented.
b,eyers also expressed concern with the 2•iobile Home District, referring
to many residents comments opposing large project type under-
takings.
Ulstad explained that he was aware of this, and had outlined these
concerns to Brauer.
Osterholt felt that as a Council, we should make a decision as to
where a Task Force study would be appropriate.
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Council Minutes 3 - 116nday, June 13, 1977
(Special 2 ecting)
I. Couinrehonsive Guide Plan Uodnte (Continued)
E. Reyiew Process far arp'oval
(M,C.A, - P.U.D. & Y_l.attinp*)
Nayor Penzel noted that the need for clarification of M.C.A. and
P.U.D. has long been discussed and suggested an Ordinance type
policy that is less readily changed.
Ulstad responded that the drafting, of an Ordinance was their inten-
tion, but feels it should not be "part and parcel" of the update of
the Guide Plan.
F. Lour and M-)r'zerate incor,%; housing- and financing
Penzel spoke to the feeling of the impossibility of financing free-
sandit)R 1 and mod rate i come hour s, and , ggesiie tYve of
f i�financing that might be developed similar to iHustrial �onds
as a device for encouraging industry. Ile also suggested that a
Task Force could explore alternatives for financing.
Osterholt felt it should be separated from the Guide Plan update,
and others concurred. He suggested low, income type ownership of
condiminiums and spoke to pending legislative action to subsidize
the r , -cha=e of housing in d:if£eranT, ways. lie added that he f e"Is
this is inevitable.
Osterholt further spoke to an approach used out East, the development
of commercial property, with loner priced rental units in the upper story
of the building.
Ulstad questioned how you can convince a developer to do this when
it is a risk for him because it is not being done. He added, that
the building code would also have to be changed.
G. Codification of Ordinance
Ulstad explained that this process would start after the Guide Flan is
in the final stages , and adjustments to Ordinances by the codifier will be
submitted to the Council for consideration.
Penzel inquired as to length of time this would take. Ulstad res-
ponded six to eight months.
II. Cor=nity Relations & Inv+olvement
A. Study a City Charter and Seven member Council and
Plsn B Counci 1/I•:anagor
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It was generally agreed that the Staff, including a legal opinion
from Perbix, and possibly some guide lines from the League of Municipalities ,
research the steps necessary to effect a change.
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Council Minutes — 4 — Vionday, June 13, 1977
(Special j.:oeting)
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II. Corununity Relations & Involvement (Continued
B. Stnndin,-- Citizen Con-nittee for special activities
Meyers suggested a directory of people with special interests
in certain areas, such as that used by Coamunity Ed. a
Tom Bartel, Eden Prairie P7ews, suggested the list used by the
now outgoing P.L.A.C.E..
Ulstad spoke to the newly formed Industrial. Co=ission, and
suggested that this Co:•a:ission might unction as a special project
group. He added, tnat the Commission has discussed changing its
name to the Eden Prairie Development Commission.
Penzel expressed doubt as to what this will mean, but did see the
possibility of the Co=aission taking on that task.
C. Loon]. C.n=n nir-n & Election Ethics Disclosure Code
Osterholt spoke to State or Vationel :ode of Ethics, -and suggested
that if it was workable, developing something on local level. He
further suggested that bipartisan groups be formed to study and to
mah.e recouarendations. Staff to obtain State and National Code of Ethics.
D. Review Council Salaries
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Ulstad informed the Council that, according to Law, action can be
taken before, but a change can become effective after the next
election only.
Osterholt questioned why reduction of salaries could not be done
at the time it was decided. Parbix responded that the Law does not
speak to reducing salaries, therefore, it is treated the sane as
an increase in salary.
Osterholt suggested it be discussed at budget time.
E. Orimni.,ation of a P-renter. ri3en Prniri.e 11oneourrors Association
Osterholt spoke to the advantages of such an Association such as:
people who have had associations of that nature become a voice for
homeowners in the community; in situations «here Homeowner Associa—
tions are controlled by the developer because of the way it is organized,
it becomes a voice for the people themselves; and it could work for
constructive purposes. He suggested the gathering of information from
such Associations through their officers and exploring the possibility
of developing such an organization.
Meyers felt that such a group could be beneficial so that homeowners
could control and maintain their play areas eta..
Ulstad agreed to compile list of formal and Informal Associations and
their off icors.
Council 1,11nutes - 5 - Monday, June 13s 1977
(Special 2.eeting)
II. Cor unit. Relations & Involvement_ (continued)
F. Local spencv to monitor ;nd communicate with other t*ove Lmenta?
apenciea
Concurred with-that this responsibility might be placed with the
Industrial Co=ission.
III. Legislative 113tters
A. Citv's rosition
1. Fiscal Dist:nrities
Ulstad spoke to the lack of any progress in the Legislature. He
explained that one of the concerns is the sr,�it in co. unities-
completely developed these communities benefit more than areas such as
Eden Prairie. He added that there has not been a concentrated effort by
the lesser recipients or communities to do anything about it recently. i
Osterholt felt that alternatives to revenue sources in lieu of taxes
would have to be explored in order to get rid of the present
method of fiscal disparities.
Fenzel spoke to the enforcement of a short term attack on fis-
cal disparities. Hle said that yaars ago, it was difficult to
l_ come up with the facts, and now it is difficult to correlate the
facts.
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Meyers suggested directing Finance Director John Frane to cone
up with some figures.
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Perbix felt the City should get the basic information to prove
our point, and put it to the Commissioner. 4g
Ulstad spoke to the report compiled by Bloomington, and suggestedF
asl:i.ng other coL unities whether they would want to Jointly pur-
sue such an action again at this time.
2. Tr x Increment District
Ulstad spoke to limited recognition received in the Legislature,
and felt it may develop to be more restrictive than at the pre-
sent time.
3. Ninnesota River Crossing
Fenzel spoke- to the meeting held in the Preserve concerning Eden i
Prairie and Preserve hou:eownors, and various conrorvation groups, '.
who were interested in forming a league to take a position to
oppose the crossing. He sugeested confirming our position or
modifying it in the interim.
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Osterholt expressed opposition to changing our position until
we get something to react to.
Council Ydnutes - 6 - Monday, June 13, 1977
(Special 2�eeting)
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Action reauirine, CorRnissioner of Taxation to establish equalization
of Vnl.ues in the seven-county area 'x
Ulstad spoke to the action being considered by the Legislature that would
provide a uniform type of equalization of values in each county.
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rj. Sanitary Landfill exemption
Ulstad spore to the report pending from City Engineer Jullie on
findings by Hennepin County established to study the matter.
6. Grecn Acres F
F
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U1tad informed the Council that it is presently being studied by
the Legislature.
7. Dutch Elm Disease
Ulstad spoke to the estimated amount of $75,000, which the City is eligible
to receive from the Sta %'e subsidy program.
Osterholt questioned whet-her the Council had levied any amount for this y
purpose and whether the $75,000 will replace it. He
further questioned whether these funds can be transferred to other
process.
Ulstad Stated that in his opinion monies levied for specific purposes outside
the levy limits must be used for that purpose. If surpluses occur, the monies
must be used to reduce future outside levies. ;
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S. Refinancing Imnror.anent Bonds
Ulstad explained that this was a very complex situation, and that
both the State and Federal positions are in conflict. Be continued
that it was in cor-nittee, but never reached the floor, and that it
will be on the docket for 1978.
Fenzel requested that the Staff look into the Insured Bond approach.
Ulstad agreed to check into the matter.
Osterholt requested an updating of the Improvement Bond schedule,
including bond schedule of payments, interest, and etc.. Ulstad
responded that this would be done.
IV. General Policy Position for City of Men Frairie
A. Co=unit)r Stsndards _Ordinance
Ulstad spoke to the State statute covering pornography and obscenity,
and that a number of communities have adopted it by reference. It then
becomes a question of the degree or scope.
Council members agreed to adcpt the State Law reference as stop one,
and to further gather information for future action.
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Council 11inutes - 7 - Monday,. June 13, 1977
(Special Ylooting)
IV. General Policy Position for City of Eden Prairie (continued)
B. Safety Program and review of deficiencies at Flying Cloud Airvort
Osterholt requested that the Staff meet with M.A.C. representatives
to review proposals for improving their facilities.
Ulstad spoke to the Metropolitan Council and Systems State-ment,
touching on important points. He spoke to a public hearing to
be held in early October, 1977, and to a calendar of issues that
will be alluded to in the next twelve months.
Ulstad spoke to the reviowal of the Wolf Property by the Metropolitan
Airports Commission because it is in the flight pattern, and they are
considering purchase and donating a portion of the site to the City.
C. Capital lnrrovements
coui sitien and clevelonne t of Nei Lr bo hood_pi,:'�,k - back before P & R
Commission for revieval in detail, and will be back with a report;
S++_1ta_ !:id Road Imnroverc�n.ts - sat priorities sarong ourselves; City
Hnll -dd ition - presently being discussed; City M•ainten-lroe Gar_rre
addition is not being considered at this time, but will consider
( at budget time; Cor mnity recycling► centar - Explorer site was
1 . spoken to, but accepts only aluminum cans - deferred; and fire stations -
deleted.
V. Sourceh of eeneratinr} revenues for improvements
A. ?:unicirel Licuor Store - will be considered at next meeting.
B. General Obli.^_ation Lord* - present way of raising money.
C. General Rind _Budr�et - sane as above.
DOTION.- Osterholt moved, seconded by Ideyers, to put forth a reduced
form of the Council Goals & Objectives for 1977-78, with the Minutes
reflecting our discussion. Motion carried unanimously.
II. AwouRNMENT
MOTION: Osterholt moved, seconded by. Meyers , to adjourn the meeting at 10: 10 PM.
Motion carried unanimously.
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