City Council - 02/21/1978 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 21 , 1978 7:30 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 y
Ross Thorfinnson; Planner Chris Enger;
Director of Community Services Bob
Lambert; City Engineer Carl Jullie; Finance
Director John Frane; and Joyce Provo, Recording
Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE '
ROLL CALL: Bye, Meyers, Pauly and Penzel present; Osterholt absent.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the Council agenda:
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A. Communication from Local 49
B. Communication from Condor Corporation
C. Appointment of Council member to attend Athena Awards Banquet
D. Discussion on Awards Banquet
MOTION: Meyers moved, seconded by Pauly, to approve the agenda as i
amended and published. Motion carried unanimously. i
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II. CONSENT CALENDAR
A. Set Public Hearing for Hennepin County Library Site in Homart Center,
rezoning of 2 acres from Rural to Public, for March 7, 1978
B. Set Public Hearings for Richard Anderson, rezoning 22 foot strip from
Rural to I-5 Park, and Minnesota Mini-Storage, 2nd Additions from
Commercial-Highway and Rural to I-2 Park, for April 4, 1978
C. Payment of Claims Nos. 8731 - 8882
MOTION: Pauly moved, seconded by Meyers, to approve all items on the
Consent Calendar. Roll Call Vote: Pauly, ('Meyers, Bye, and Penzel j
voted "aye". Motion carried unanimously. p
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Council Minutes - 2 - Tues. ,February 21 , 1978
III . REPORTS OF ADVISORY COMMISSIONS
No reports.
IV. ORDINANCES & RESOLUTIONS '
A. 2nd Reading of Ordinance Nos. 78-07 and 78-08, rezoning Nestlebrook
to R1-13. 5 and RM 6.5 respectively, and rezoning agreement
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Meyers requested that an amendment be made on page 2 of the rezoning �.
agreement in item 6, after "Exhibit B" by adding the fol1owing . 1angauge:
"except that the rear lot lines of Block 2 be adjusted in the final
plat to coincide with the floodplain elevation".
MOTION: Meyers moved, seconded by Pauly, to adopt the 2nd Reading
of Ordinance Nos. 78-07 and 78-08, rezoning Nestlebrook to R1-13.5
and RM 6. 5 respectively, and approval of the rezoning agreement as amended .
Motion carried unanimously.
B. Resolution No. 78-22, establishing a policy for the Cash Park Fee
City Manager Ulstad requested that this item be continued to either
the March 7th or March 21st Council meeting.
MOTION: Bye moved, seconded by Meyers, to continue Resolution No. 78-22
to either the March 7th or March 21st Council meeting. Motion carried
unanimously.
REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of -Council Members
1. Appointment of a Representative to Advisory Council for School
District #272 Community Education
Penzel recommended the appointment of Councilman Bye as the
representative to the Advisory Council for School District #272
Community Education.
MOTION: Pauly moved, seconded by Meyers, to appoint Councilman
Bye as the representative to the Advisory Council for School District
#272 Community Education. Motion carried unanimously.
2. Councilwoman Pauly reported on her conversation with the head of
the Geological Survey regarding the chemical waste disposal site
und6r consideration in Eden Prairie
3. Councilman Bye commended the people who have taken part in the
chemical waste disposal site selection meetings, and other Council
members concurred with this commendation.
B. Report of City Attorney
1. Joint Zoning Board for the Metropolitan Airports Commission
City Attorney Thorfinnson spoke to his memo dated February 16, 1978,
and answered questions of Council members.
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Council Minutes - 3 - Tues .,February 21, 1978
1. Joint Zoning Board for the Metropolitan tan Airports Commission (continued)
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Council members expressed their concerns about a Joint Zoning
Board.
MOTION: Bye moved, seconded by Meyers, to direct the City Manager
to draft a letter regarding the concerns of the Council to_ the _
Chairman of the Metropolitan Airports Commission, and that the appointment
of 2 members to the Joint Zoning Board be continued to a future Council
meeting. Motion carried unanimously.
2. Amendment to Sign Ordinance
MOTION: Bye moved, seconded by Meyers, to continue consideration
of amendments to the Sign Ordinance to the March 7, 1978 Council {
meeting. Motion carried unanimously.
C. Report of City Manager
1. Setting of a date for discussion of Guide Plan
MOTION: Meyers moved, seconded by Pauly, to set Tuesday,
March 7, 1978, as the date for discussion of the Guide Plan.
Motion carried unanimously.
2. Request from Attorne John Crouch representing Oscar Jones
and Allan Garrison Crosstown Park
City 9 P q Manager Ul s tad spoke to request from Attorney John. Crouch
as outlined in communication dated February 2, 1978.
MOTION: Bye moved, seconded by Meyers, to approve the request
of Attorney John Crouch as outlined in City Engineer' s memo
dated February 16, 1978. Notion carried unanimously.
D. Report of Director of Community Services
1. Hennepin County Chipping Site Proposal
Director of Community Services Bob Lambert spoke to memo dated
February 17, 1978, from Chris Enger and Stuart Fox, and recommended
approval of the chipping site as per conditions in memo.
Michael Brandt, Hennepin County Public Works Department, answered
specific questions from Council members . i
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Meyers requested that items e. f, g, h, and i be added to the
Staff memo on page 4, to read as follows :
"e. Hennepin County will grade only to level the site for
intended use and will provide an adequate entrance road
with dust control and appropriate safety signing and
lighting."
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Council Minutes - 4 - Tues. , February 21, 197$ 4
1. liennepin County Chipping Site Proposal (continued)
"f. The. dutch elm diseased trees present on this and adjoining
sites must be removed by April 1 , 1978. "
"g. The City retains the right to set hours of operation and
methods of operations in response to noise/nuisance complaints
from surrounding neighbors . "
"h. Operator will conduct daily cleanup patrols along user
delivery routes within the City to collect spilled debris."
"i . Processed chips must be removed within 5 days and will not
be stockpiled on the site. "
MOTION: Bye moved, seconded by Meyers, to approve the Hennepin
County Chipping Site Proposal as per amended Staff Report dated
February 17, 1978. Motion carried unanimously.
Mr. Brandt stated the County would concur with the amendments added
to the Staff Report.
E. Report of City Engineer
1. Receive Feasibility Report for sewer and water trunk extension
and street improvements in the Round Lake Area I.C. 51-315
City Engineer Jullie spoke to Resolution No. 78-33 and the Feasibility
Report prepared by Rieke-Carroll-Muller Associates, Inc.
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution
No. 78-33, receiving feasibility report and calling for a hearing
(I.C. 51-315) for April 4, 1978. Motion carried unanimously.
2. Approve plans and specifications and order advertisement for
bids for City Well #3 pump, motor, controls, pumphouse and
discharge line, I .C. 51-301
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No.
78-34, approving plans and specifications and ordering advertisement
for bids (I.C. 51-301A) . Motion carried unanimously.
MOTION: Meyers moved, seconded by Penzel , to strongly urge
the Riley Purgatory Creek Watershed District to issue the permit
requested for City Well #3, and that this request be sent in the
form of a letter over the Mayor 's signature. Motion carried
unanimously.
3. Minnesota Department of Transportation request for interchange
improvements at #18 and #494
Planner Enger spoke to Resolution No. 78-32 and memo dated
February 9, 1978.
Council Minutes - 5 - Tues . ,February 21 , 1978
3. Minnesota Department of Transportation request for interchange
improvements at #18 and #494 continued
` MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
78-32, stating position on Minnesota Department of Transportation's
proposed improvements to Interstate 494/County Road #18 Interchange.
Motion carried unanimously.
Penzel requested that the Minnesota Department of Transportation
be notified of the CounciA concern about the lateness of the
notification, and also that they should try to notify parties
along the roadways of the Public Hearing.
F. Report of Finance Director
1. Clerk 's License List
City Manager Ulstad explained that Mr. 8 Mrs. Jerome Burns are
out of town, and recommended that their. private kennel license
be deferred until they are able to attend a Council meeting.
MOTION: Bye moved, seconded iiy Meyers, to approve the Clerk's
License List dated February 21, 1978, with the exception, of
the Jerome Burns request for a private kennel license.
Further that Mr. Burns be contacted as to when he would be
available to attend a Council meeting, and that Mr. Burns be
supplied with the same information as the Council received.
Motion carried unanimously.
2. Bond refunding
Finance Director Frane spoke to memos dated February 7, 1978,
and February 17, 1978.
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MOTION: Bye moved, seconded by Meyers, to approve the contract
previously permitted reflecting the memo from Finance Director
Frane dated February 7, 1978 regarding fees. Roll Call Vote:
Bye, Meyers, Pauly and Penzel voted "aye". Motion carried
unanimously.
Frane spoke to Resolution Nos. 78-35 and 78-36, recommending
approval of same.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
78-35, providing for the public sale of $6.150,000.00 Water and
Sewer Refunding Bonds. Motion carried unanimously.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
78-36, providing for the public sale of $5,090.000.00 General
Obligation Refunding Improvements Bonds or $3,900,000.00, depending
on what interest rate is the week previous. Motion carried
unanimously.
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Council Minutes - 6 - Tues. ,February 21, 1978
V1 . NEW BUSINESS
A. Communication from Local 49
City Manager Ulstad spoke to communication from the Metropolitan
Area Management Association dated February 16, 1978, recommending
an increase in the City's monthly insurance contribution from
$60.00 to $65.00 for 1978, and the extension of the contract to include 1979.
MOTION: Pauly moved, seconded by Meyers, to accept the Manager's
recommendation to increase the City' s monthly insurance contribution
from $60.00 to $65.00 for 1978 for Local 49 employees, and the extension
of the contract to include 1979. Roll Call Vote: Pauly, Meyers , Bye and
Penzel voted "aye" . Motion carried unanimously.
B. Communication from Condor Corporation
City Manager Ulstad spoke to request from Condor Corporation asking
that they be relieved of the cash park fee. Ulstad further explained
that the rezoning agreements were signed and it was stated to them
they would be responsible to pay the cash park fee at the time of
the building permit.
City Attorney Thorfinnson explained Condor Corporation's attorney
in examining the City's ordinances, interpreted the ordinances
that a cash park fee is only requirr_d if there was a platting of
the property, not if there were a rezoning. Mr. Thorfi nnsoh's
interpretation was that the cash park fee would be paid if there is
a division or platting of property.
MOTION: Bye moved, seconded by Meyers, that we accept the check
and to state that the full intent was to use same for cash park fee.
Motion carried unanimously.
C. Appointment of Council member to attend Athena Awards Banquet
Penzel recommended the appointment of Councilwoman Pauly to attend
the Athena Awards Banquet. Council members concurred with this
recommendation.
D. Discussion on Awards Banquet
General discussion took place regarding the Awards Banquet to be
held March 28, 1978, i .e. , sponsor and who should receive awards.
E. Miscellaneous'
1. Penzel reported on receiving complaints on aircraft noise
from Flying Cloud Airport.
Thorfinnson explained that the restraining order has not been
lifted to fly jets out of Flying Cloud Airport.
MOTION: Meyers moved, seconded by Bye, to instruct the City
Attorney to notify the Judge that the Metropolitan Airports .
Commission is flying jets out of Flying Cloud Airport and question
if the restraining order is still in effect. Motion carried
unanimously.
Council Minutes - 7 - Tues . ,February 21, 1978
E. Miscellaneous (continued)
City Manager Ulstad explained that a formal request has been
received from Super Valu for' alrezoning.
Bye suggested that the Council go on record and that a letter
be drafted by the Manager with best wishes for this project q
to the people at Super Valu.
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VII ADJOURNMENT
MOTION: Bye moved, seconded by Pauly, to adjourn the Council meeting
at 9:17 PM. Motion carried unanimously.
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