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City Council - 11/15/1977 Council & Developricnt Co:uiission - 2 - Tuesday, November 15, 1977 Minutes As there was not sufficient time for the Development Commission and Council to finish their order of business , another joint meeting was set for November 23, 7:30 AM, at Jake' s Restaurant & Pizza Parlour. III. ADJOURNMENT Meeting stood adjourned at 7: 35 PM. --------------------------------------------------------------------------------------- Counci 1 Minutes UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 15, 1977 7:40 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; City Engineer Carl Jullie; City Planner Chris Enger; Directo.r of Community Services Marty Jessen; and Joyce Provo, Recording Secretary Joyce Provo INVOCATION: Councilman Dave Osterholt ROLL CALL: All members present. (Bye left meeting at 7:45 PM) I . APPROVAL OF COUNCIL AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda: A. Report on Highway #212 by Councilwoman Pauly under item VI. A. B. Report on Chemical Waste Disposal Site by Mayor Penzel under item VI . A. C. Discussion of letter from Rosemount regarding 78th Street under item VI . A. D. Status of Genghis Khan under item VI . B. MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II . MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, OCTOBER 18, 1977 Pg. 4, last para. , 2nd line, strike "awarded" and insert "reviewed" . Pg. 5, paragraph _7, 2nd line, after "Ulstad" add the following " , after which time the Council reconvened in the Council Chambers". MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the Regular Council Meeting held Tuesday, October 18, 1977, as amended and published. Motion carried unanimously. Council Minutes - 3 - Tues. ,November 15, 1977 III . PRESENTATION BY MRS. JEANNE PHILLIPS EDUCATIONAL PROGRAM DIRECTOR, ON THE PROPOSED COMMUNITY EDUCATION AND COMMUNITY RELATIONS PROGRAMS POLICY Dr. Fallon, Superintendent of Schools, explained that they are trying to use the resources they have to meet the needs of the community and he does not see a change in the goals but an attempt to accomplish the goals in a better fashion. Dr. Fallon introduced Mrs. Jeanne Phillips, Educational Program Director, who spoke to the proposed community education and community relations programs policy and answered questions of Council members. Osterholt asked Dr. Fallon if he was willing to share the budget submitted to the State for Community Education with the Council . Dr. Fallon answered in the affirmative. Meyers requested City Staff to research how the policy under discussion might change the City's role in the joint process, and if it does change the City's _ role, how will the City benefit from the revisions suggested? MOTION: Osterholt moved, seconded by Meyers , to refer this item to Staff for review and comment, to be placed on the December 20, 1977 Council agenda. Motion carried unanimously. Mayor Penzel introduced State Representative Douglas Ewalds who reported on the meeting he just attended conducted by the Metropolitan Council on the Aviation Chapter of the f Metropolitan Development Guide. IV. REPORTS OF ADVISORY COMMISSIONS No reports. V. ORDINANCES & RESOLUTIONS ,i A. 2nd Reading of Ordinance No. 77-35, rezoning properties back to Planned Study for 1 year or until time of Guide Plan update comp etion, w is ever occurs first MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-35, rezoning properties back to Planned Study for 1 year or until time of Guide Plan update completion, whichever occurs first. Motion carried unanimously. B. 2nd Reading of Ordinance No. 77-83, rezoning from Rural to I-2 Park approximately 5 acres for office-warehouse use for Condor Corporation and rezoning agreement MOTION: Pauly moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-83, rezoning from Rural to I-2 Park approximately 5 acres for office-warehouse use for Condor Corporation. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement with the changes already indicated in item 2,and amending item 4 in the 3rd line to read "second reading" rather than "second rating. Motion carried unanimously. t Council Minutes - 4 - Tues. ,November 15, 1977 C. 2nd Reading of Ordinance No 77-28 approving rezoning from Rural to R1-13 5 for approximately 66.6 acres consisting of 144 lots for Maple Leaf Acres 3rd Addition by Jarip Corporation and rezoning agreement MOTION: Osterholt moved, seconded by` Pauly, to approve the 2nd Reading of Ordinance No. 77-28, approving rezoning from Rural to R1-13.5 for approximately 66. 6 acres consisting of 144 lots for Maple Leaf Acres 3rd Addition by Jarip Corporation. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement with the change in item 1 by striking "driveway" and inserting "driveways" in first line. Motion carried unanimously. D. Resolution No. 77-146, requesting a host office to be established in the City of Eden Prairie Council requested that this Resolution be redrafted and submitted to the Council a at a future meeting. VI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS i A. Reports of Council members 1. Report on Highway #212 by Councilwoman Pauly Councilwoman Pauly distributed her report on a meeting held Thursday, November 10, where the #212 Task Force Committee met in State Highway Commissioner James Harrington's office. Discussion took place pertaining to same. 2. Discussion of letter from Rosemount regarding 78th Street General discussion took place regarding the letter from Rosemount, Inc., dated October 31 , 1977, pertaining to their traffic hazard problem. City Engineer Jullie explained that the State Highway Department is working on a preliminary plan for this area which should be completed in the near future, and upon its completion they will present to to the City for review. 3. Report on Chemical Waste Disposal Site by Mayor Penzel Mayor Penzel reported on meeting held Monday, November 14, by the Metropolitan Waste Control Commission on the possibility of locating the Chemical Waste Disposal site in Eden Prairie. Penzel explained that he had read the resolution adopted by the Council on November 14 in strong opposition to locating the Chemical Waste Disposal site in Eden Prairie, followed by Mrs. Ruth Hustad and Mayor Hobbs of Chanhassen who also expressed their opposition to the Eden Prairie site. Penzel made the Council aware of another meeting to be held Friday morning, November 18, and the Council members requested that this resolution be restated at that: particular meeting. B. Report of City Attorney 1. Update on Windslope Project City Manager Ulstad explained as per the Council 's request of November 18, notices have been sent to all property owners in The Preserve who signed the original petition in opposition to the exterior of the Windslope project advising that the Council would be considering the status of the declaratory judgement against the Windslope project. Council Minutes - 5 - Tues . ,November 15, 1977 1 . Update on Windslope Project (continued) City Attorney Perbix explained that the City is still in the procedural stage. The City is in the process of forumulating answers to interrogatories and when they are completed the preliminary work will be done and we can proceed from that point on. 3 Douglas Rainbow, legal counsel for the National Housing Partnerships, explained that his clients will not commit themselves to changing the exterior of Windslope as 1) there is a 15-year warranty on the siding 2) the National Housing Partnerships will not own the project for more than five or ten years , and 3) the National Housing Partnerships does not want to make any binding agreement. Pauly asked if Windslope couldn' t be sold contingent upon repainting being in the earth tone colors. Rainbow replied it could be, however, National Housing Partnerships is not willing to make that agreement. Osterholt commented that the Council has asked several times who the National Housing Partnerships is and if there is federal money involved. He further stated it is a disservice to our community when information of this type is not available. Rainbow explained that National Housing Partnerships is a corporation that is chartered by an Act of Congress, and its purpose is to promote housing for people of low and moderate income. He further stated that National Housing Partnerships and National Housing Corporation were not involved in the selection of the colors and were not involved in the selection of the landscaping. The only reason they have offered to put money in for offsite landscaping is to try and get along with the people living in the area . NHP hat agreed to put in $15,000 of landscaping to improve relationships between the project and its immediate neighbors. Mr. John Gerts, The Preserve, explained there was a meeting at The Preserve Center where the project was being discussed. At that meeting Mr. Kerne of the National Housing Partnerships , asked Mr. Gerts if The Preserve would donate something toward the landscaping. Mr. Gerts replied The Preserve would be willing to provide up to $5,000 of machinery and labor to do the landscaping work. Sandra Bell , 8730 Leeward Circle, and Mark Scholle, 8742 Leeward Circle, spoke in support of the City dropping the declaratory judgement against Windslope, as at least the immediate neighbors would receive landscaping on their property. Osterholt requested that no further action be taken and that the Council move on to the next item on the agenda. This item was continued for consideration just prior to adjournment to provide an opportunity for Councilman Bye to return. 2. Status of Genghis Khan City Attorney Perbix explained that 7 complaints have been issued against employees of Genghis Khan and he is in the process of proceeding on the prosecution of those complaints. Council Minutes - 6 - Tues. ,November 15, 1977 C. Report of City Manager 'a 1. Award bids for 4. Police Vehicles t Lt. Keith Wall spoke to his memo dated November 14, 1977, recommending awarding of bids for two 116" wheel base vehicles and two 111" wheel base , vehicles to Bloomington Chrysler,Plymouth. MOTION: Osterholt moved, seconded by Pauly, to award bids for two Ill " wheel base vehicles in the amount of $10,124.70, and two 116" wheel base vehicles in the amount of $10,322.08, to Bloomington 'Chrysler/Plymouth as per memo from Lt. Keith Wall dated November 14, 1977. Roll Call Vote: Osterholt, Pauly, Meyers and Penzel voted "aye" . Motion carried unanimously. 2. Hennepin Emergency Communications Organization Public Safety Director Hacking spoke to his memo dated November 10, requesting funds be made available from the City Council for the Hennepin County Emergency Communication Organization (HECO) . MOTION: Osterholt moved, seconded by Meyers, that furds be appropriated from the surplus of the General Fund for the Hennepin County Emergency Communications Organization for a study in the amount of $1 ,700.00. Roll Call Vote: Osterholt, Meyers , Pauly and Penzel voted "aye" . Motion carried unanimously. City Engineer Jullie requested that the following item be brought up under the City Manager's Report as item 3: 3. Hidden Ponds Bond City Engineer Jullie explained that there has been a change of ownership in the Hidden Ponds Subdivision and the new owners wish to make the necessary repairs and wish the City to accept the streets. MOTION: Pauly moved, seconded by Osterholt, to accept the Staff recommendation to release the $23,000 bond and accept from the new owners a $23,000 certificate of cash deposit to be released by the City-of up to a maximum of $18,000 for repair of the streets in Hidden Ponds 1 ,and the remaining $5,000 to be held on deposit as a one-year guarantee of repair work completed. D. Report of Director of Community Services 1. Recommendation to appraise Bublitz property Director of Community Services Jessen spoke to memo dated November 10, outlining the recommendation of the Parks, Recreation & Natural Resources Commission that the City appraise the Bublitz property with the intent of securing an option to buy. POTION: Osterholt moved, seconded by Meyers, to authorize an appraisal of the Bublitz property. Motion carried unanimously. 1 Council Minutes - 7 - Tues. ,November 15, 191I 2. Recommendation on Snowdrifters Trail Director of Community Services Jessen spoke to memo dated November 10, 1977, outlining the recommendation of the Parks, Recreation & Natural Resources Commission that the City serve as the sponsor for the Trail Grant Application, subject to the condition that no tax money be expended on implementing the trail . Mr. Sickmann, 7808 School Road, representing the Snowdrifters Snowmobile Club answered questions of Council members. He stated that the trail is 8 - 11 miles long and will be groomed by the Snowdrifters Snowmobile Club. He further stated there will be proper signing and that the trail shouldn' t bring in any more snowmobilers than we •already have. .. Public Safety Director Hacking stated that the Snowdrifters Snowmobile Club has done an excellent job thus far, and if things continue the way they are now he would support the trail 100%. Meyers and Osterholt questioned the damage to the environment and the wildlife area. Osterholt questioned if there was a way action could be revoked if the trail did not work out. Public Safety Director Hacking stated that the trail is approved for a year at a time, and the Council could take action to not continue with the trail grant. MOTION: Pauly moved, seconded by Osterholt,that the City sponsor the Trail Grant Application, subject to the condition that no local tax money be s expended on implementing the trail . Motion carried unanimously, fi 3. Information about potential funding of Purgatory Acquisition in the northwest area Edengate, Markum Director of Community Services Jessen spoke to memos dated November 4 and November 10, 1977, and answered questions of Council members. MOTION: Meyers moved, seconded by Osterholt, to instruct Staff to secure information on specific proposals by the December 6th Council meeting. Motion carried unanimously. 4. Cash Park Fee Policy Director of Community Services Jessen explained that a specific or absolute statement cannot be found in our records that says Edenvale and The Preserve PUD' s will never be assessed a future cash park fee, but the intent in interpreting the PUD concept is that they set forth what they intended to do and to that extent they have complied. Jessen also referred to memo from Don Brauer, Brauer & Associates, dated November 9, 1977 on the cash park fee applied to Edenvale and The Preserve PUD's. Osterholt stated that there must be records that show the proposals and they should be reviewed with not only the question in mind of the 5%, but also the density trade-offs. He further commented there are apparently some discrepancies as to the amount set aside in the Anderson Lakes Park area and we should address ourselves to the facts as to if The Preserve and Edenvale are exempted or not exempted to the cash park fee policy. Further that Mr. Brauer should be requested to come and speak at the meeting when this item appears on the Council agenda again. Council Minutes - 8 - Tues . ,November 15, 1977 4. Cash Park Fee Policy (continued) MOTION: Osterholt moved, seconded by Meyers, to continue discussion ' on the Cash Park. Fee Policy to the December 20, 1977 Council meeting. p Motion carried unanimously. 5. Recommendation of the Parks, Recreation & Natural Resources Commission concerning the acquisition of Wolf Property by the Metropolitan Airports Commission s Director of Community Services Jessen referred to recommendation of the Parks, Recreation & Natural Resources Commission that the Council support the Metropolitan Airports Commission's purchasing the Wolf Property. Jessen ' further explained that Mr. Charlson did own the property in question and gifted it to the Fraser School who will sell the land to MAC. The money received will be used for the Fraser Homes. MOTION: Osterholt moved, seconded by Penzel , to approve the recommendation of the Parks, Recreation & Natural Resources Commission that the Metropolitan a Airports Commission purchase the Wolf property. Motion carried unanimously. E. Report of Planning Director I. Review and approval of Environmental Assessment Worksheet on Cardarelle's r Crosstown Industrial Park Project and Anderson's Crosstown Park Project City Planner Enger spoke to communiation from Charles Kenow, Coordinator, Environmental Review Program, dated November 3, 1977, and Resolution ( No. 77-145. Mr. Cardarelle, owner of the Crosstown Industrial Park Project, answered questions of Council members. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 77-145, finding the Environmental Assessment Worksheet for Crosstown Industrial Park and Crosstown Park a private action. Motion carried unanimously. F. Report of City Engineer 1. Final plat approval for Country Vista MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 77-147, approving the final plat of Country Vista. Meyers, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. 2. Preliminary Plan approval for Minnesota D.O.T. , S.P. 2744-28 for improvements at TH 169 and County Road Meyers questioned if there had been any changes since the Public Hearing. Al Pint, Minnesota Department of Transportation, replied there have not been any changes. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-148, approving the preliminary plans for Minnesota D.O.T. , S.P. 2744-28 for improvements at TH 169 and County Road 1 . Motion carried unanimously. S • t, Council Minutes - 9 - Tues . ,November 15, 1977 E 3. Accept Sanitary Sewer, Watermain and Storm Sewer in Lake Eden South Addition for City ownership and maintenance_ l MOTION: Pauly moved, seconded by'Meyers, that the City accept for continuous ownership and maintenance the sanitary sewer, watermai n and storm sewer in the Lake Eden South Addition, subject to a two year maintenance bond commencing November 14, 1977. Motion carried unanimously. 4. Granting of easement to Minnesota Gas Company for relocation of pressure reduction valve on Leona Road MOTION: Meyers moved, seconded by Pauly, to grant an easement to Minnesota Gas Company for relocation of pressure reduction valve on Leona Road. Meyers, Pauly and Penzel voted "aye", Osterholt "abstained". Motion carried. G. Report of Finance Director 1. Payment of Claims Nos. 7360 - 7506 MOTION: Osterholt moved seconded by Meyers, to approve Payment of Claims Nos. 7360 - 7506. Roil Cali Vote: Osterholt, Meyers, Pauly and Penzel voted "aye" . Motion carried unanimously. 2. Clerk's License List MOTION: Osterholt moved, seconded by Penzel , to approved Clerk' s License List dated November 15, 1977. Motion carried unanimously. As Councilman Bye had not returned to the Council meeting, the following motion was made on item VI. 8. 1. Update on Windslope Project: MOTION: Osterholt moved, seconded by Pauly, to continue action on the Windslope Declaratory Judgement until December 6, 1977, when all Council members will be present, and that notices be sent to all residents of The Preserve who signed original petition. Further that the notices and agenda state that action will be taken on Decmeber 6, 1977. Osterholt, Pauly and Meyers voted "aye", Penzel voted "nay". Motion carried. VII. NEW BUSINESS None VIII . ADJOURNMENT MOTION: Osterholt moved, seconded by Pauly, to adjourn the Council meeting at 11 :10 PM. Motion carried unanimously. 1.