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City Council - 01/03/1978 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, JANUARY 3, 1978 7:00 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 E Ross Thorfinnson; Planner Chris Enger; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATIO14: City Manager Roger Ulstad s PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added under the "New Business category: A. Consent Calendar 4 B. Communication from Metropolitan Airports Commissioner Gertrude Suel Resolution No. 1088 )TION: Meyers moved, seconded by Osterholt, to approve the agenda as fended and published. Motion carried unanimously. II OFFICIAL DESIGNATIONS A. Appointment of Acting Mayor for 1978 Meyers placed the name of Sidney Pauly into nomination, for Acting Mayor for 1978. a r Osterholt moved, seconded by Meyers, that nominations be closed* and that a unanimous ballot be cast 'for .Sidney Pauly for Acting Mayor for 1978. Motion carried unanimously. III . MINUTES OF THE COUNCIL MEETING HELD WEDNESDAY, DECEMBER 7, 1977 Pg. 1 , item II, 2nd para. , strike "Gilderhus to Gilderhas" , and insert "Gilderhas to Gilderhus" . Pg. 3, para. 1 , 6th line, strike "that right-of-way for the trail be acquired" and insert in lieu thereof "of the right-of-way for a trail to be dedicated" Pg. 4, para. 1 , lst line, strike "Eden Prairie" and insert in lieu thereof ' "Prairie View"; in the last para. , 8th line, strike "Road" and insert "Trai l". Pg. 5, lst para. , 3rd line, after "problems ." , insert "Public Hearing to be continued to January 17, 1978." Pg. 11 , VII. A.., .strike "Concern" and insert "Concert" . Council Minutes - 2 - Tues. ,January 3, 1978 MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Council meeting held Wednesday, December 1, 1977, as amended and published. i4otion carried unanimously. r IV. PUBLIC HEARINGS A. Community Development Block Grant (Resolution Nos. 78-02 & 78-03) Planner Enger spoke to his memo dated December 29, 1977, and answered questions of Council members. Osterholt stated the City should be looking at some type of recreation activities or parks to serve areas of the community where we have low and moderate income - the Muriel Humphrey residences in particular. Meyers questioned how much longer this program is authorized to be funded. Enger responded it is authorized for the next three years . Meyers suggested in the future that the City could possibly purchase land with 1 years application in the fringe area of sewer and water. The following year the money could be used to improve the lane with utilities. She further stated that she believes some agreement could be made with the carpentry and trades program with the Hennepin Vo-Tech School . Then the City could provide some single family homes for low and moderate income familites . Osterholt commented he would like to see other opportunities added to the three year plan, and if it were possible in working out new development that we speak to this same point and ask if they might have land they would be willing to set aside and the City could provide utilities. ' John Retterath, 9011 High Point Circle, questioned if there are sufficient monies to finish the park site next to Windslope. Enger responded in the positive if the priorities were adopted as set forth in his memo dated December 29, 1977. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-02, authorizing submission of the City of Eden Prairie grant application to Hennepin County for inclusion in the Urban Hennepin County Community Development Block Grant Application, in accord with the Housing and - Community Development Act of 1974. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-03, requesting Hennepin County to transfer CDBG funds from Project #56 to Project #57. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing and instruct staff to again work with the Commissions to prepare next years one year action plan within a broad 3 year development plan. Motion carried unanimously. Enger explained at this point it is the Staff's intention to write the . application with the costs estimated on page 3 of memo dated 12/29/77, adding the Council 's suggestions to the 3 year plan. Council Minutes - 3 - Tues.,January 3, 1978 B. Crosstown Park by Richard Anderson. Request to rezone from Rural to I-2 Park and preliminary plat 28 acres into 6 lots Richard Anderson, proponent, distrllbuted a brochure outlining the proposal and answered questions of- Council members. Planner Enger explained that the project did go to the Planning Commission on November 14 and was approved on a 4-1 vote. In addition an Environmental Assessment Worksheet on both this 28 acre proposal and the Cardarelle proposal was sent to the Environmental Quality Council . This project has gone to the Nine Mile Creek Watershed District and they have reviewed the grading plan and have ok'd the use of the pond but have not reviewed a storm sewer plan as of yet. Enger further stated that the City's Engineering and Planning Department would request that additional grading studies on the 3 offices be submitted along with a storm sewer plan. Penzel questioned if there will be adequate separation between the motel and the driveways . Engineer Jullie responded they are adequately separated to allow safe turning movements in the area. MOTION: Meyers moved, seconded by Osterholt, to adopt the lst Reading of Ordinance No. 78-01 , rezoning the approximately 28 acres to I-2 Park for lots 5, 6 and Z, and to Office District for lots 2, 3 and 4 for Crosstown Park by Richard Anderson. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-01 , approving the preliminary plat for Crosstown Park by Richard Anderson, and direct the City Attorney to draft IL a rezoning agreement incorporating the recommendations as outlined in Staff Report dated November 3, 1977. Notion carried unanimously. C. Pillsbury Rezoning, consideration of rezoning the approximate 25 acre research and development site from I-5 Park back to Rural City Attorney Ross Thorfinnson explained that this property was never actually rezoned as Ordinance No. 77-2I was never published. Thorfinnson further suggested that the Council merely reaffirm the fact that this property in question is still Zoned Rural .by Resolution. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-23, reaffirming the zoning classification of certain properties in The Preserve as being a Rural classification. Motion carried unanimously. Osterholt requested Staff to research to see if the Council has taken any other action where ordinances have not been published. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI . APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Mayor Penzel be appointed as the Representative of the City and the 4 Council me►nbers as Alternates to the Metropolitan League of Municipalities. Motion carried unanimously. �ua!tiLI t Iliutes - 4 - Tues. ,January 3, 1918 VI . APPOINTMENTS (continued) B. Health Officer - Appointment of 1 Health Officer for the year 1978 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Dr. Ekrem be reappointed as the Health Officetfnr the year 1978. Motion carried unanimously. C. Suburban Rate Authority - Appointment of 1 Representative to the Suburban Rate Authority for 1978 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation to adopt Resolution No. 78-15, appointing City Engineer Jullie as the Representative and City Manager Ulstad as the Alternate to the Suburban Rate Authority. Motion carried unanimously. D. South Hennepin Human Services Council - Appointment of 2 Representatives for 2 year terms commencing 2/l/78 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Councilwoman Sidney Pauly and Finance Director John Frane be reappointed to the South Hennepin Human Services Council for two year terms. Motion carried unanimously. E. Assistant Weed Inspector - Appointment of Assistant Weed Inspector for 1978 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Wes Dunsmore be reappointed as Assistant Weed Inspector for 1978. Motion carried unanimously. WAFTA Board - Appointment of 1 Representative for a 1 year term MOTION: Osterholt moved, seconded by. Bye, to appoint John Retterath to serve on the WAFTA Board. Motion carried unanimously._. - I 1l . ORDINANCES & RESOLUTIONS A. Resolution No. 78-07, designating the official meeting dates, time and place for the City of Eden Prairie CounciT Members in 197 MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-07, designating the official meeting dates, time and place for the City of Eden Prairie Council Members in 1978, specifying the time of the meetings to be from 7:30 PM to 11 :30 PM. Motion carried unanimously. B. Resolution No. 78-06, designating the Official Newspaper for 1978 MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-07, designating Eden Prairie News as the Official Newspaper for 1978. Motion carried unanimously. C. Resolution No. 78-08, authorization for signatures l MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 78-08, authorization for signatures. Motion carried unanimously. Council Minutes - 5 - Tues. ,January 3, 1978 s D. Resolution No. 78-09, designating a depository for the City of Eden Prairie MOTION: Osterholt moved, seconded by Meyers, to designate Suburban National Bank as the depository for the City of Eden Prairie. Motion carried unanimously. 3 E. Resolution No. 78-04, authorizing use of facsimile signatures by Public Officials MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 78-04, authorizing use of facsimile signatures by Public Officials . Motion carried unanimously. F. Resolution No. 78-05, authorizing the Treasurer to invest City of Eden Prairie Funds MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-05, authorizing the Treasurer to invest City of Eden Prairie Funds. Motion carried unanimously. G. Resolution No. 78-10, denying request for reliminar plat approval and rezoning from Rural to R1-13.5 for Knoble Addition y Universal Land Corporation MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-10, denying request for preliminary plat approval and rezoning from Rural to R1-13.5 for Knoble Addition by Universal Land Corporation. Osterholt, 4L Pauly and Penzel voted "aye", Meyers and Bye voted "nay" . Motion carried. F H. Resolution No. 77-146, requesting a post office to be established in the City of Eden Prairie Council members requested that two changes be made in Resolution No. 77-146. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-146 as amended. Motion carried unanimously. I . 2nd Reading of Ordinance No. 77-39, Olympic Hills 3rd Addition, rezoning from Rural to R1-13. 5 and rezoning agreement MOTION: Osterholt moved, seconded by Bye, to approve the 2nd Reading of Ordinance No. 77-39, rezoning Olympic Hills 3rd Addition from Rural to R1=13.5. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt the rezoning agreement for Olympic Hills 3rd $ 4th Additions. Motion carried unanimously. J. 2nd Reading of Ordinance No. 77-40, Olympic Hills 4th Addition MOTION: Pauly moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-40. rezoning Olympic Hills 4th Addition from Rural to R1-13. 5. Motion carried unanimously. Council Minutes - 6 - Tues. ,January 3, 1978 i K. Ordinance No. 78-03, regulating the licensing and operation of Dance Halls within the City of Eden Prairie and amending Ordinance No. 102 MOTION: Meyers moved, seconded by fisterhoit, to approve the lst Reading of Ordinance No. 78-03, regulating the licensing and operation of Dance Halls within the City of Eden Prairie and amending Ordinance No. 102. Motion carried unanimously. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Osterholt stated he would report on the Sign Ordinance at the January 17th Council meeting. 2. Mayor Penzel brought the Council up-to-date on the meetings with the Chemical Waste Ad Hoc Committee of the Metropolitan Waste Control Commission, and the Ad Hoc Committee on Ordinance No. 51 pertaining to Flying Cloud Airport. B. Report of City Attorney No reports. C. Report of City Mana er 1. Charges to the Development Commission Council members requested that the Chairman of the Development Commission be invited to the January 17, 1978 Council meeting to discuss charges to the Development Commission. 2. Renewal of directional signs for Eden Prairie Center MOTION: Osterholt moved, seconded by Pauly, to approve the three directional signs for the Eden Prairie Center. Motion carried unanimously. D. Report of City Engineer 1. Receive petition for utility and street improvements in Norseman Industrial Park 2nd Addition, I.C. 51-319 MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-11, receiving petition and ordering feasibility report on improvements I .C. 51-319) in Norseman Industrial Park 2nd Addition. Motion carried unanimously. 2. T. H. 169 Special Assessment appeal City Engineer Jullie spoke to memo dated December 30, 1977, noting that Mr. Calvin Anderson questioned the assessment sometime after the hearing as Mr. Anderson claimed a notice was not received of the assessment hearing. The assessment was levied and the basis of their objection is contained in Paul Anderson's letter dated 12/9/77. Mr. & Mrs. Calvin Anderson have submitted a signed letter in agreement with the stipulation that the slope easements would be turned back to them at no cost. Council Minutes - 7 - Tues. ,January 3, 1978 , 2. T. H. 169 Special Assessment appeal (continued) Paul Anderson, representing Calvin Anderson, explained that when his parents receive a notice from the City they respond immediately. He further stated he went through all communications from the City to his parents and could not find one for the T.H. 169 Special Assessment Hearing. Mr. Anderson further reiterated points brought out in his letter dated December 9, 1977. Osterholt stated he believed the notice had been sent to Mr. Calvin Anderson as the Council relies on what the Staff tells them. Osterholt suggested that Paul Anderson's name be added to the mailing list to receive the same notices as his parents. MOTION: Osterholt moved, seconded by Bye, to approve the recommendation of City Engineer Jullie outlined in memo dated December 30, 1977, regarding the Special Assessment Appeal on the Anderson Property (Parcel 0500). Motion carried unanimously. 3. Annual Agency Contract with Minnesota Department of Transportation MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-14, authorizing the City to enter into an Annual Agency Contract with the Minnesota Department of Transportation. Motion carried unanimously. 4. Annual Technical and Engineering Assistance Agreement with Minnesota 4LDepartment of Transportation MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 77-13, authorizing the City to enter into an Annual Technical and Engineering Assistance Agreement with the Minnesota Department of Transportation. Motion carried unanimously. E. Report of Finance Director 1. Setting date for consideration of bond refunding proposals City Manager U1stad explained that to-date we have received 6 proposals. Finance Director Frane spoke to the concept of bond refunding and answered questions of Council members . MOTIGN: Osterholt moved, seconded by Pauly, to set January 10, 1978, 7:30 PM, City Hall , as the date, time and place to consider bond refunding proposals. Motion carried unanimously. 2. Clerk's License List MOTION: Bye moved, seconded by Osterholt, to approve the Clerk's License List dated January 3, 1978. Motion carried unanimously. 3. Payment of Claims Nos. 8265 8386 MOTION: Pauly moved, seconded by Bye, to approve Payment of Claims Nos. 8265 - 8386. Roll Call Vote: Pauly, Bye, Meyers, Osterholt and Penzel voted "aye". Motion carried unanimously. Council Minutes - B Tues. ,January 3, 1978 IX. NEW BUSINESS onsent Calendar Council members requested that a Consent Calendar be initiated at the January 17, 1978 Council meeting. B. Communication from Metropolitan Airports Commissioner Gertrude Suez General discussion took place regarding communication from Commissioner Sue] , whereby she requested someone from the City to participate in the Public Hearing on January 12, 1978, regarding the acquisition of the Wolf Property by the Metropolitan Airports Commission. City Manager Ulstad stated he would have a Staff member present to testify on the Ci ty's behalf at 'this scheduled Public Hearing. C. Resolution No. 1088 City Manager Ulstad asked the Council if they would consider an amendment to Resolution No. 1088 on page 14, by adding a new sentence to the last paragraph to read as follows: "The City will contribute $60 per month toward the cost of individual and dependent coverage for those employees who have elected to be insured through a plan provided by the City. " Osterholt explained he thought the insurance program should be reviewed x %f on a regular basis. MOTION: Osterholt moved, seconded by Bye, to amend Resolution No. 1088, page 14, by adding a new sentence to the last paragraph to read: "The City will contribute $60 per month toward the cost .of individual and dependent coverage for those employees who have elected to be insured through a plan provided by the City." Motion carried unanimously. X. ADJOURNMENT MOTION: Osterholt moved, seconded by Pauly, to adjourn the Council meeting at 10:30 PM. Motion carried unanimously.