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City Council - 01/17/1978 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL i TUESDAY, JANUARY 17, 1978 7:30 PM, CITY HALL i COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly j COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney j Ross Thorfinnson; Planner Chris Enger; Finance Director John Frane; Acting Director of Community Services Sandra Werts ; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt 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 to the agenda under the "New 3usiness" category: %. Consideration of renaming Lake Tobias to Lake Idlewild. 3. Position relative to the preliminary selection of the Chemical Waste Disposal Site C. Community Health Services Contract with Hennepin County for 1978 MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. H. CONSENT CALENDAR A. 2nd 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 B. Payment of Claims Nos. 8390 - 8568 C. Clerk's License List MOTION: Meyers moved, seconded by Osterholt, to approve all items on the Consent Calendar. Roll Call Vote: Meyers, Osterholt, Bye, Pauly and Penzel voted "aye Motion carried unanimously. Council Mlinutes - 2 - Tues . ,January 17, 1978 III . MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING HELD TUESDAY, DECEMBE_R 20, 1977 Pg. 4, add a new paragraph after paragraph 1 as follows : "Brian Wilhelm, 13765 Research Road, former Director of Community Education, spoke to the need for simplicity of organization and for personal contact with members of the community. " Pg. 8, paragraph 7, 3rd line after "E. ", add the following sentence to read "Further that a requirement be made by the City that the driveway access on to #169 be moved when the road is ready for use, and that the name of Condon/Naegele Boulevard be changed to meet the City' s approval ." MOTION: Pauly moved, seconded by Osterholt, to approve the the minutes of the Regularly Scheduled City Council meeting held Tuesday, December 20, 1977, as amended and published. Motion carried unanimously. IV. PRESENTATION OF A CHECK% FROM THE METROPOLITAN COUNCIL FOR THE PLANNING GRANT Metropolitan Council Area Representative James Daly spoke to the Planning Grant check received from the Metropolitan Council to the City of Eden Prairie. General discussion also took place among Council members and Mr. Daly regarding the Ad Hoc Committee on Chemical Waste as M:-. Daly is a member of that committee. Mr. Daly stated that Eden Prairie is looked un favorably by the Ad Hoc Committee as at meetings Eden Prairie's representatives have brought out good points and conducted themselves in a fine manner. ye expressed his concern about the layering of government that we are ge16 tting nto and that we are finding a removal of the people and the community from he decision making process . He further stated that the last group being istened to is the community itself. Meyers explained it has been most frustrating in dealing with metropolitan agencies in general regarding the timing of local notification. Often the City Council and City Staff are the last ones to know; and on top of that we are given a short time to respond. Meyers further commented that the agencies should try to work with the community instead of trying to work for them. Daly stated he does understand notification has been a problem in the past and they are trying to correct this situation. Mayor Penzel thanked Mr. Daly on behalf of the Council for the Planning Grant check. Mr. Daly stated any time the Council would like to have him appear before them he would be happy to do so. V. DISCUSSION OF AD HOC COMMITTEE ON ORDINANCE NO. 51 (Flying Cloud Airport) Mayor Penzel explained that the Metropolitan Airports Commission adopted Ordinance No. 51 on Monday, January 16, 1978, without any modification, and referred to letter dated January 16, 1978 from Frank P. Befera, Chairman of the Metropolitan Airports Commission, indicating same. Council Minutes - 3 - Tues. ,January 17, 1978 V. DISCUSSION OF AD HOC COMMITTEE ON ORDINANCE NO. 51 (Flying Cloud Airport) Bye praised the Ad Hoc Committee for, t�e manner in which they served and asked if there were any members from MAC in the audience. There being none, Bye responded MAC Staff has spent 1/2 hour of their time with us and that was because they wanted something, and when they take action on something as important as Ordinance No. 51 nobody from MAC is present to report what they did. Bye further reiterated that the Eden Prairie City Council is still on record and has testified many times that they are unanimously opposed to Ordinance No. 51 , but cannot find it anywhere in MAC 's records. The Metropolitan Council , Metropolitan Airports Commission, and the Metropolitan Waste Control Commission have effectively taken away the power of the community to do anything for themselves, Bye stated, and MAC is going to do what they were always going to do. Gloria Williamson, member of the Ad Hoc Committee on Ordinance No. 51 , questioned if Eden Prairie is still Pursuing the lifting or non-lifting of jets at Flying Cloud Airport. Penzel replied the City is presently in Court on this situation. Osterholt suggested that before we act on any of these situations in the future, i .e. , appointing an ad hoc committee, that the Council cross examine themselves to make sure we know where of we speak, and what we are getting into before we make an effort to cooperate. He further stated that the City Council has been put upon by MAC. Penxel restated the City Council 's previous position as being opposed to Ordinance No. 51 VI. PUBLIC HEARINGS A. Eden ate by Gerald B. Pa utz & Pautz-Franklin Realt Com am Continued Public Hearing from December 7, 1977 Howard Dahlgren, Howard Dahlgren & Associates, spoke to his communication dated January 13, 1978, and answered questions of Council members. City Planner Enger outlined his memo dated January 13, 1978, and also answered questions of Council members. Mr. Enger further stated he has not had ample time to thoroughly review the communication from Mr. Dahlgren and did not care to comment on its contents until he has had a chance to do so. Meyers questioned if Staff has looked at the type of trails along Dell Road. Enger responded that Staff would feel the extension of the same width as with Maple Leaf Acres would be consistent for the Edengate proposal . Questions were raised by Council members relative to 2 lanes of parkway to be constructed and paid for by the developer as they are the beneficiary, and also that the City does not have sufficient monies for this type of construction. Mr. Dahlgren distributed a further communication to Council members dated January 17, 1978, and spoke to same. i Council Minutes - 4 - Tues . ,January 17, 1978 l y A. Edengate by Gerald B. Pautz & Pautz-Franklin Realty_Company (continued) Tom Collins, 6641 Tartan Curve, grid Askland, 18219 Ginavale, and Jerry Catt, 18600 Duck Lake Trail , spoke in opposition to the Edengate proposal as presented citing the following concerns : where the north section is proposed in the plan there is a deadend indicated on the map - that is a swamp with well over 4 feet of water, on the south end of Dell Road that is an extension of where Purgatory Creek passes through, the proponents gift of parkland is a gravel pit which drops off rapidly into another swamp, is Duck Lake Trail going to be bridged, disruption to the conservancy area, fire and safety problems. Brad Askland, Chairman of a newly formed organization called the Northwest Homeowners Group, which consists of about 50 members, also oppose the plan and have indicated their objections as follows : traffic problems, multi-dwellings within single family housing, feels it will probably lower property values in the area and is not consistent with the character of the area. Edengate proposal is not in keeping with the early plans Eden Prairie had for this area, and even with the staging of the development the same problems will still exist. Main concern is the traffic problems and future development of whole area has not been resolved and needs to be resolved before approval of this prniect. MOTION: Osterholt moved, seconded by Pauly, that this Public Hearing be continued until February 7, 1978, and refer communication from Mr. Dahlgren dated January 13, 1978 to staff for review and recommendations , and also take into consideration the concerns expressed by citizens. Osterholt, Pauly and Penzel voted "aye", Meyers and Bye voted "nay" . Motion carried. B. Utility and Street Improvements for the Country Vista Addition and West 168th Avenue, I .C. 51-312 Pauly questioned if the problem had been addressed regarding the road coming down the hill . City Engineer Jullie responded that in estimating the cost a provision was included for a barricade. Penzel acknowledged a Resolution received from the Eden Prairie Assemblies of God Church in support of this improvement. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-16, ordering improvements for Country Vista and West 168th Avenue, I.C. 51-312. Motion carried unanimously. VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Communication from the Legal Counsel for MAC_ regarding a Joint Zoning Board MOTION: Osterholt moved, seconded by Pauly, to refer this item to the City Attorney for review. Motion carried unanimously. Council Minutes - 5 - Tues. ,January 17, 1978 VIII . REPORTS OF ADVISORY COMMISSIONS A. Development Commission Dean Edstrom, Chairman of the Development Commission appeared before the Council to discuss Council directives and specific areas the s Council would like the Commission to be concerned with. E { Y After general discussion, the Council felt that Ordinance No. 77-4 defines the charges of the Development Commission. However, if the Commission has some specific concerns the Council would like to hear them. Mr. Edstrom explained that the Development Commission will be setting up a joint meeting with the Planning Commission so they will coordinate rather than conflict with each other. Osterholt suggested that building permits as they are issued be supplied to the Development Commission for industrial and commercial development. IX. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 77-31 , approving rezoning from Rural to R1-13.5 for Amsden Hills II and Rezoning -greement MOTION: Osterholt moved, seconded by Bye, to approve the 2nd Reading of Ordinance No. 77-31, rezoning from Rural to R1-13.5 for Amsden Hills II. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement for Amsden Hills II. Motion carried unanimously. B. Resolution No. 78-22, establishing a policy for the Cash Park Fee City Manager Ulstad requested that Resolution No. 78-22 be continued to the February 21 , 1978 Council meeting. MOTION: Pauly moved, seconded by Penzel , to continue Resolution No_ 78-22 to the February 21, 1978 Council meeting. Motion carried unanimously. C. 2nd Reading of Ordinance No. 77-42, rezoning from Rural to RM 2.5 and RM 6. 5 for double bungalows and apartments for Golf Vista, and Rezoning Agreement Pauly requested that the "apartments" be struck from the rezoning agreement and be substituted with"condominium buildings" . MOTION: Pauly moved, seconded by Meyers, to approve the 2nd Reading of Ordinance No. 77-42, rezoning from Rural to RM 2.5 and RM 6.5 for double bungalows and condominium buildings for Golf Vista. Pauly, Meyers, Bye and Penzel voted "aye" , Osterholt voted "nay". Motion carried. Council Minutes - 6 - Tues. ,January 17, 1978 C. 2nd Reading of Ordinance No. 77-42 - Golf Vista (continued) MOTION: Meyers moved, seconded by Pauly, to approve the rezoning a agreement with the aforementioned change for Golf Vista. Meyers, Pauly, Bye and Penzel voted "aye" ,- Osterholt voted "nay" . Motion carried. B.ve requested that an effort be made to remove the dutch elm trees from this area. X. REPORTS OF OFFICERS, BOARDS &COMMISSIONS A. Reports of Council Members 1. Councilman Dave Osterholt _- Sign Ordinance Osterholt explained that he had reviewed the Sign Ordinance and commented rather than attempt to rewrite the Sign Ordinance, that it merely be amended as to reasons for granting variances and in the area of existing signs. Osterholt referred to a model ordinance used by another community on sign variances and a book outlining the problems of non-conforming signs and what to do with them. This item was referred to Staff for review to be brought back to the Council on February 21, 1978. A Report of City Attorney No reports. Report of City Mana er 1. Award bids for a 7-gang hydraulic mower and broom and a 1 ton body dump truck MOTION: Meyers moved, seconded by Pauly, to award the bid to Minnesota Toro, Inc. in the amount of $14,950.00 for a 7-gang hydraulic mower and broom. Roll Call Vote: Meyers, Pauly, Bye, Osterholt and Penzel voted "aye" . Motion carried j unanimously. j { MOTION: Meyers moved, seconded by Pauly, to award the bid to Suburban Chevrolet in the amount of $7,092.78 for a 1 ton body dump truck. Roll Call Vote: Meyers, Pauly, Bye, Osterholt and Penzel voted "aye". Motion carried unanimously. 2. Award bid for a 4-wheel drive police vehicle MOTION: Pauly moved, seconded by Osterholt, to award the bid to Bloomington Chrsyler/Plymouth in the amount of $6,913.75 for a 4-wheel drive police vehicle. Roll Call Vote: Pauly, Osterholt, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. 3. Setting of a date for Council and Commissions to review the Guide Plan MOTION: Osterholt moved, seconded by Meyers, to set January 31 , 1978 as the date for Council and Commissions to review the Guide Plan. Motion carried unanimously. Council [Minutes - 7 - Tues . ,January 17, 1978 D. Report of City Engineer 1 . Consider bids for City Well No. 3, I .C. 51-301 r Pauly questioned the depth of the well . City Engineer Jullie responded it would be about 400 feet deep. MOTION: Osterholt moved, seconded by Pauly, to adapt Resolution No. 78-17, awarding the bid to Bergerson-Caswell , Inc. , in the amount of $42,700.00 for City Well No. 3, I .C. 51-301 . Roll Call Vote: Osterholt, Pauly, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. 2. Preliminary Plan approval for Traffic signal on TH 169 at North entrance to Vo-Tech School , S.P. 2744-31 , I.C. 51-311 City Engineer Jullie spoke to his mei�io dated January 11 , 1978, and introduced Al Pint from the Minnesota Department of Transportation. who answered questions of Council members and the audience. James Simchuck, 9145 Flying Cloud Drive, expressed his concern over the location of the traffic signal at the intersection because it implies there will be a future road extending to the east of his property which could involve future special assessments. Eugene Hansen, Clean-Sweep, 9145 Flying Cloud Drive, could see no problem with the plan but would like to be notified early so they can get their equipment out of the way. City Engineer Juliie explained that the City might have to pay 15% of the signal cost, however, Vo-Tech has expressed a willingness to participate in the cost. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-18, approving the preliminary plans for traffic signal at TH 169 at north entrance to Vo-Tech School , S.P. 2744-31 , I .C. 51-311 . Osterholt, Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. 3. Discussion on Street Lighting Policy for Eden Prairie City Engineer Jullie spoke to his memo dated January 12, 1978, and answered questions of Council members. Council referred this item to staff to outline what kind of figures we are looking at for 1978. 4. RCM 1978 Engineering Services Agreement City Engineer Jullie spoke to his memo dated January 11 , 1978, and to the 1978 Engineering Services Agreement with RCM. _ Council requested that Staff review other engineering firms and make a recommendation to the Council on February 7, 1978. __ - Council Minutes - 8 - Tues . ,January 17, 1978 w r E. Report of Finance Director 1. Award bids for telephone system. for City Hall Finance Director Frane spoke to his memo dated January 13, 1978, and answered questions of Council members. Mr. Anderson, Electronic Design, spoke briefly on the background of their company, accounts which they presently have, and the type of system that is proposed for the Eden Prairie City Hall . Ronald Berry, Account Executive for Northwestern Bell Telephone Company, explained that they did not bid this project as they do not sell equipment and are only in the leasing business. However, he would like to prepare formal bids to the Council for a telephone system on a lease basis if the Council would consider such a bid. Council agreed with Mr. Berry' s request. MOTION: Osterholt moved, seconded by Bye, to consider awarding bids for a telephone system for City Hall on February 7, 1978. Motion carried unanimously. 2. Payment of Claim No. 8176 - Gorra relocation payment of $6,428.46 City Manager Ulstad spoke to memo from Sandy Werts dated December 23, 1977. MOTION: Bye moved, seconded by Pauly, to approve Payment of Claim No. 8176. Roll Call Vote: Bye, Pauly, Meyers and Henzel voted "aye" , Osterholt voted "nay Motion carried. 3. Discussion on Bond Refunding proposals Finance Director Frane spoke to his memo dated January 13, 1978, and answered questions of Council members. Rod Pakonen and Stan Cowle, Piper, Jaffray & Hopwood, and Bill Fahey, Ehlers & Associates, assured the Council that they have worked together before and are confident they can do a good job. Mr. Fahey explained that each firm has expertise in different areas. Mr. Pakonen explained the next step would be a joint recommendation of City Staff, Ehlers and Riper. Osterholt questioned if the agreement has been redrafted at this time. Mr. Frane responded in the negative. Osterholt suggested that a special meeting be set for the purpose of considering the redrafted agreement when completed. MOTION: Osterholt moved, seconded by Pauly, to direct Staff to work up a joint agreement with Ehlers & Associates and Piper, Jaffray & Hopwood involving advance refunding, and that a special meeting be set to consider this agreement. Motion carried unanimously. Council Minutes - 9 - Tues. ,January 17, 1978 XI . NEW BUSINESS A. Consideration of renaming Lake Tobias to Lake Idlewild MOTION: Meyers moved, seconded by Osterholt, to direct Staff to officially change the name of Lake Tobias to Lake Idlewild. Motion carried unanimously. City Engineer Jullie explained that Hustad Development has named a street in their development Idlewild; however, Jullie would ask Hustad to come up with a different name. B. Position relative to the preliminary selection of the Chemical Waste Disposal Site i Mayor Penzel spoke to communication from the Metropolitan Waste Control Commission dated January 13, 1978 which outlines the specific 4 proposed site in Eden Prairie. Penzel further stated he would be in attendance at the Ad Hoc Committee on Chemical Waste on January 23, 1978, to restate the City's position. City Attorney Thorfinnson spoke to the three ordirances he recently drafted regarding hazardous wastes, after which time the following motions were made: MOTION: Osterholt moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 78-04, relating to protecting the health and general welfare of the residents of the City of Eden Prairie, and amending Ordinance No. 2. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 78-05, relating to zoning and amending Ordinance No. 135. Motion carried unanimously. MOTION: . Osterholt moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 78-06, relating to the control and prevention of hazards to the residents of the City of Eden Prairie, and residents of adjoining communities from hazardous wastes and hazardous infectious wastes. Motion carried unanimously. Osterholt requested City Attorney Thorfinnson to check and see if the Metropolitan Waste Control Commission has the power of eminent domain. C. Community Health Services Contract with Hennepin County for 1978 MOTION: Bye moved, seconded by Meyers, to approve the 1978 contract between the City of Eden Prairie and Hennepin County for provision of health services with Community Health Services in the amount of $1 ,695.00, Roll Call Vote: Bye, Meyers, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. XI I . ADJOURNMENT MOTION: Bye moved, seconded by Meyers, to adjourn the Council meeting at 12:25 AM. Motion carried unanimously.