City Council - 03/21/1978 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 21, 1978 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly j
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Ross Thorfinnson; Planner Chris Enger;
Director of Community Services Bob Lambert; '
City Engineer Carl Jullie; Chief Building
Inspector Wally Johnson; and Joyce Provo,
Recording Secretary
INVOCATION: Mayor Wolfgang Penzel
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PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
PRESENTATION BY THE AMERICAN RED CROSS OF CERTIFICATE OF MERIT AWARDS TO OFFICER JIM
CLARK, EDEN PRAIRIE, AND LIEUTENANT WILLIAM BERNHJELM, EDINA, FOR SAVING THE LIFE
OF WILL IAM METCALF
9ergquist, Chairman of the Safety Programs for the American Red Cross, presented
ficate of Merit Awards to Officer Jim Clark of Eden Prairie,, and Lieutenant
-- Bernhjelm of Edina., for saving the life of William Metcalf. In addition
3quist read a congratulatory letter from Congressman Bill Frenzel .
Safety Director Hacking introduced Mr. Metcalf, the person who suffered
t attack. Mr. Metcalf personally thanked each of the officers.
anzel announced that Officer Clark has also received the award of "Police Officer
Year", which has previously been received by two other Eden Prairie police
i-ficers.
PRESENTATION OF DISTINGUISHED SERVICE AWARDS TO OFFICERS JIM CLARK AND STEVE GEIGER
FROM THE MINNEAPOLIS BUILDERS ASSOCIATION FOR SOLVING _SEVERAL PARADE OF HOMES
BURGLARIES
Richard Feerick congratulated Jim Clark and Steve Geiger, Eden Prairie Public Safety
Officers, for receiving Distinguished Service Awards, and introduced Douglas Hanson,
Vice President of the Minneapolis Builders Association, who presented the Awards
to Officers Clark and Geiger along with a check for $50.00.
Officer Geiger thanked Mr. Hanson for the $50.00 check, and turned the check over
to Chief Hacking to be used for the Crime Prevention Fund.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda under
the "New Business" category:
A. Communication regarding power of local airport operators
B. Bill regarding Chemical Waste Disposal Site
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Council Minutes - 2 - Tues. ,March 21, 1978
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I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS (continued) i
C. Addition to the administrative staff in the Engineering area
MOTION: Osterholt moved, seconded by Pauly, to approve the agenda as
amended and published. Motion carried unanimously.
II . CONSENT CALENDAR
Osterholt requested that agenda items V. A. , and VII. 8, C b D be placed
on the Consent Calendar, and that item II . B. , be removed from the Consent
Calendar for discussion purposes . Council members agreed with this request.
A. Clerk's License List
B. Request from Hustad Development Corporation for a Public Hearin
for Prairie East 4, 5, 6, 7, 8 and 9th Additions formerly
item V. A. on Council agenda
C. Zst Reading of Ordinance No. 78-13, amending Ordinance No. 261,
and regulating and requiring permits for signs and imposing a penalt
formerly item VII . B. 'on Council agenda
D. 1st Reading of Ordinance No. 78-52, amending Ordinance No. 111 ,
Community Based Services Board formerly item VII . C. on Council
agenda
1st Reading of Ordinance No. 78-51, amending Ordinance No. 77-2,
changing name of the Human Rights Commission to the Human Rights
and Services Commission formerly item VII . C. on Council agenda )
WION: Bye moved, seconded by Pauly, to approve all items on the
onsent Calendar. Motion carried unanimously.
Payment of Claims Nos. 9006 - 9145 (formerly item II. B. on Council agenda)
Council members questioned items listed on the Payment of Claims- list,
and City Manager Ulstad answered same to the satisfaction of those concerned.
MOTION: Osterholt moved, seconded by Bye, to approve Payment of Claims
9006 - 9145. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel
voted "aye". Motion carried unanimously.
III. PUBLIC HEARING
A. Olympic Hills Liquor License
Mike Adams, Attorney and President of Olympic Hills Golf Club, explained
they are requesting the liquor license to be approved as it would be another
amenity to enhance the golf club which is a positive influence on the
community.
Meyers questioned if notices had been sent out. Ulstad replied notices were
not sent out, but the hearing notice was published in the Eden Prairie
Community News.
Council Minutes - 3 - Tues . ,March 21, 1978
A. Olympic Hills Liquor License (continued)
Meyers further questioned if adjacent property owners were aware of the
request. Mr. Adams responded he had spoke to about 90% of the adjacent
property owners, and they do not vidw it as a problem.
Osterholt questioned how allowing this liquor license would affect the
City's allocation of liquor licenses. Mr. Ulstad responded this would be
the 2nd liquor license, and the City has an allocation of six.
Osterholt asked if there had been any change in ownership. Mr. Adams
replied there were originally 10 principals, now there are eight.
Osterholt questioned if the City has had any problems with Olympic Hills
under the Bottle Club License. Lt. Wall answered in the negative.
MOTION: Osterholt moved, seconded by Meyers, to continue final action
on the Olympic Hills Liquor License to the April 4, 1978 Council meeting.
Motion carried unanimously.
Bye noted that the new Manager of the Olympic Hills Golf Club is Joe
Duffy, who will be a real asset to the club.
IV. MINUTES
A. Minutes of the Regular City Council Meeting held Tuesday, February 21,
1978
4LPg. 2, lst para. , 3rd line, strike "lot" and insert "Block".
Pg. 4, 6th para. , ls-t line, strike "Council" and insert "County",
and in the loth para. , 4th line, strike "under" and insert "over". .
MOTION: Pauly moved, seconded by Meyers, to approve the minutes
of the regular City Council meeting held Tuesday. February 21, 1978,
as amended and published. Motion carried unanimously.
B. Minutes of the Special Council Meeting held Tuesday, March 2, 1978
Pg. 2, 4th para. , 3rd line, strike "negative" and insert "in the
affirmative".
Pg. 3, 2nd para. , strike "and projected it to Eden Prairie" in the
2nd line, and insert in lieu thereof "as projected to Eden Prairie"
6th para. , 1 st line, strike "as a Council"; and in the 10th para. .
2nd line, strike "as a designation for 4/5 intersection and insert
in lieu thereof "for i"lustration in the Guide Plan",
MOTION: Meyers moved. seconded by Osterholt, to approve the minutes
of the special Council meeting held Tuesday, March 2, 1978, as
amended and published. Motion carried unanimously.
C. Minutes of the Regular City Council Meeting held Tuesday, March 7,L1978
Pg. 2, add two paragraphs after para. 8 to read as follows :
"Osterholt questioned if the original Homart site was planned for this purpose
and/or other uses. Enger responded in the negative."
Council Minutes - 4 -- Tues. ,March 21, 1978
C. Minutes of the Regular City Council Meeting held Tuesday, March 7,
1978 continued)
it' rt
"Osterholt further questioned total price per acre. Smith responded
$72,000 an acre. "
Pg. 5, 5th para. , 1st line after "allow", insert "required lot".
MOTION: Pauly moved, seconded by Osterholt, to approve the minutes
of the regular City Council meeting held Tuesday, March 7, 1978.1
as amended and published. Motion carried unanimously.
V. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Hustad Development Corporation for a Public Hearing for
Prairie East 4, 5, 6, 7, 8 and 9th Additions . (This item was moved
to the Consent Calendar - II . B. )�
S. Request from Eagle Enterprises for a temporary mobile sign
City Manager Ulstad spoke to request from Eagle Enterprises for a
temporary mobile sign three days prior to Easter Sunday at the Prairie
Village Mall .
Penzel questioned what kind cf a precedent this would set. City
Attorney Thorfinnson responded if this request is permitted it should
be granted as an exception to the Sign Ordinance so it doesn 't
set a new precedent.
City Manager Ulstad explained that if the amendment to the Sign
Ordinance is adopted by the Council,it does provide the vehicle for
requesting a variance. Therefore in the future a request of this type
would have to be processed through the Board of Appeals & Adjustments.
MOTION: Osterholt moved, seconded by Bye, to approve the request
from Eagle Enterprises for a temporary mobile sign at the Prairie
Village Mall for 3 days prior to Easter Sunday, and that this request
be granted as an exception to the Sign Ordinance so it doesn't set a
new precedent. Osterholt, Bye, Pauly and Penzel voted "aye" , Meyers
voted "nay". Motion carried.
VI . REPORTS OF ADVISORY COMMISSIONS
No reports.
ORDINANCES & RESOLUTIONS
A. 1st Readind of Ordinance No. 78-12, amending Ordinance No. 152, and
providing for the regulation and licensing of advertising signs
City Attorney Tho rfinnson answered questions of Council members as to
the enforcement of Ordinance No. 78-12.
MOTION: Osterholt moved, seconded by Bye, to adopt the ist Reading
of Ordinance No. 78-12, amending Ordinance No. 152, and providing for the
regulation and licensing of advertising signs. Motion carried
unanimously.
Council Minutes - 5 Tues. ,March 21, 1978
B. lst Reading of Ordinance No. 78-13, amending Ordinance No. 261 ,
and regulating and requiring ermits for signs andimp2sing a penal
(This item was moved to the Consent Calendar - 11 . C.
C. lst Reading of Ordinance No. 78-52 amending Ordinance No. III
Community Based Services Board This item was moved to the Consent
Calendar - I I. D.
D. 1st Reading of Ordinance No. 78-51, amending Ordinance No. 77-2,
changing name of the Human Rights Commission to the Human Rights and
Services Commission This item was moved to the Consent Calendar -
II. E.
E. 2nd Reading of Ordinance No. 77-37, rezoning 38.2 acres for Edenga to
by Gerald Pautz & Pautz-Franklin Realty from Rural to RM 6.5 for
176 units, and rezoning agreement
City Manager Ulstad referred to the redrafted rezoning agreement
and to the change to be made on page 6 of the rezoning agreement
in the 3rd line, to read "1979" instead of "1978" .
Council members requested other changes in the rezoning agreement as
follows: page 2, 3rd para. , lst line, strike "varied; page 3,
2nd para. , lst line, after "40,000" insert "cubic"; page 4, 6th
para. , at the end of the paragraph add "for 1978", and on page 5,
3rd paragraph, last line after "unit" add "for 1978" . All changes
as indicated were approved by Council members.
4LMOTION: Bye moved, seconded by Meyers, to approve the 2nd Reading
of Ordinance No. 77-37, rezoning 38.2 acres for Edenga to by Gerald
Pautz & Pautz-Franklin Realty from Rural to RM 6.5 for 176 units.
Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to approve the rezoning
agreement with changes as indicated above. Motion carried unanimously.
Howard Dahlgren, Dahlgren & Associates, thanked the Council for
their time, patience, and approval of the project.
F. Resolution No. 78-22, establishing a policy for the Cash Park Fee
General discussion took place among Council members, City staff, and
William Bale, representing The Preserve, regarding the Cash Park Fee
Policy.
Ulstad explained that all documents have not been made available to the
Council at this time but would be forthcoming.
MOTION: Osterholt moved, seconded by Pauly, to direct Staff to work
with Edenvale and The Preserve in two areas: 1) Staff to secure deeds
to those lands which were agreed to be dedicated to the City
in the original PUD, and 2) recommendation from Staff once the deeds '
have been secured. Motion carried unanimously.
Council Minutes - 6 - Tues . ,March 21 , 1978
G. 2nd Reading of Ordinance No. 77-34, rezoning Cardarelle's Crosstown
Industrial Park from Rural to I-2 Park and approval of rezoning
agreement
City Planner Enger spoke to Ordinance No. 77-34 and to the initialled
changes in the rezoning agreement.
MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd
Reading of Ordinance No. 77-34, rezoning Cardarelle' s Crosstown
Industrial Park from Rural to I-2 Park. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to approve the rezoning
agreement with the initialled changes. Motion carried unanimously.
H. 2nd Reading of Ordinance No. 78-01 , approvia rezoning from Rural
to I-2 Park & Office for Crosstown Park by Anderson and rezoning agreement
MOTION: Meyers moved, seconded by Pauly, to approve the 2nd Reading
of Ordinance No. 78-01 , approving rezoning from Rural to I-2 Park
& Office for Crosstown Park by Anderson. Motion carried unanimously.
MOTION: Pauly moved, seconded by Osterholt, to approve the rezoning
agreement. Motion carried unanimously.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
► 1. Arbor Celebration (Penzel )
Penzel spoke to Proclamation and communication received from
Commissioner Bill Walker, Minnesota Department of Transportation,
and Clare Rossini , Arbor Month Coordinator, dated February 24, 1978.
Pauly suggested that nurseries be contacted within the City to
offer a special price for residents of Eden Prairie to promote
the Arbor celebration.
Osterholt requested that the Parks, Recreation & Natural Resources
Commission come up with an official Eden Prairie tree..
MOTION: Meyers moved, seconded by Pauly, to adopt the Proclamation
proclaiming April 28, 1978 as "Arbor Day", and May as "Arbor Month",
and instruct Staff to develop an effective celebration. Motion carried
unanimously.
2. Appointment of 2 members to the Joint Zoning Board for the Metropolitan
Airports Commission
Ulstad explained he and Planner Enger had visited with Mr. Finney
from the Metropolitan Airports Commission and he indicated the
State Law does require MAC to appoint a Joint Zoning Board. If we
do not comply MAC will proceed to du it anyway.
Bill Herbert, 11030 Northmark Drive, volunteered his services as he is
a Judge Advocate in the Air Force and has information available to
him regarding this area. Council members thanked Mr. Herbert for his
concern and welcomed his input.
Council Minutes - 7 - Tues . ,March 21, 1978
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2. Appointment of 2 members to the Joint Zoning Board for the Metropolitan
Airports Commission (continued)
MOTION: Osterholt moved, seconded by Pauly, to instruct the City
Manager to draft a resolution appointing Bill Bye and Joan Meyers as
members of the Joint Zoning Board with the recommendation that Mayor
Penzel be designated the Chairman. Motion carried unanimously.
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B. Report of Ci ty Attorney
1. Status on flying _jets out of Flying Cloud Airport as ruled by
Judge Lebedoff
City Attorney Thorfinnson explained that Judge Lebedoff will be
hearing our motion at 8:30 AM on March 30, 1978.
Thorfinnson further reported as to the status of the Rauenhorst
trial presently in progress.
C. Report of City Manager
1. Receive and award bids for 2 Satellite Stations and an addition to
the main facility for the Fire Department
City Manager Ulstad explained that bids for the 2 Satellite Stations
and an addition to the main facility for the Fire Department
have come in at approximately $110,000.00 above the base established
prior to detailed plans and specifications compiled for bid purposes.
Recommended that the Council consider denying all bids received
and request that staff direct the consulting architect tb redesign
plans and specifications to comply accordingly.
MOTION: Bye moved, seconded by Osterholt, to deny all bids received
for the 2 Satellite Stations and an addition to the main facility
for the Fire Department, requesting staff to direct the consulting
architect to redesign plans and specifications, and that advertisement
for bids be set for April 19, bids received May 10, and awarding of
bids for May 16, 1978. Motion carried unanimously.
D. Report of Director of Community Services
1. Public Property Reforestation Tree Bids
Director of Community Services Lambert spoke to memo dated March 17, 1978,
from City Forester Stuart Fox.
MOTION: Osterholt moved, seconded by Meyers, to accept the low
bid on 6 varieties of trees from Arteka, Inc. , in the amount of
$5,950. 75, and the bid from M. T. Wiley on 5 varieties of trees
in the amount of $6,030.00. Roll Call Vote: Osterholt, Meyers,
Bye, Pauly and Penzel voted "aye". Motion carried unanimously.
2. Preserve "Name the Park" Contest
City Manager Ulstad referred to memo from Sandy alerts, Recreation Supervisor,
dated. March 1.7, 1978, and minutes from the Parks, Recreation & Natural
Resources Commission dated March 6, 1978.
Council Minutes - 8 - Tues. ,March 21, 1978
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2. Preserve "Name the Park" Contest (continued)
MOTION: Osterholt moved, seconded by Meyers, to accept the
IF recommendation of the Subcommittee and the Parks, Recreation & Natural
Resources Commission to name the Preserve Neighborhood Park
"Nesbitt Preserve Park" . Motion carried unanimously.
Council members suggested that Timothy Buckman, who won the "Name
the Park" Contest, be asked to participate in planting the first
tree or in helping to put the sign up.
E. Report of City Engineer
1. Consider bids for utility and street improvements for Country
Vista and Nygren Estates, 1. C. 51-312, and I. C. 51-316
City Engineer Jullie spoke to communication from Rieke, Carroll ,
Muller Associates, Inc. , dated March 15, 1978, and to Resolution
No. 78-45.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 78-45, accepting bid for I .C. 51-312 and 316, and awarding the
bid to Richard Knutson, Inc. in the amount of $173,900.40, the
low responsible. bidder. Roll Call Vote: Osterholt, Pauly, Bye,
Meyers and Fenzel voted "aye". Motion carried unanimously.
2. Receive feasibility report and set hearing date for utility and
street improvements for Norseman Industrial Park 2nd Addition,
I . C. 51-319
City Engineer Jullie spoke to Resolution No. 78-46 and the
feasibility report submitted by Rieke, Carroll , Muller Associates,
Inc.
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution
No. 78-46, receiving feasibility report and calling for a hearing
for April 18, 1978 for utility and street improvements for
Norseman Industrial Park 2nd Addition. Motion carried unanimously.
3. Final plat approval for Maple Leaf Acres 5th Addition
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 78-49, approving the final plat for Maple Leaf Acres 5th
Addition. Motion carried unanimously.
4. Receive feasi bi 1 ity_report and set hearing date for utility and
street improvements on Lotus View Drive, I.C. 5i-32I
City Engineer Jullie introduced Larry Gardner, Registered
Professional Engineer with Bather, Ringrose & Wolsfeld, whose
firm developed the feasibility report. Mr. Gardner answered
questions of Council members pertaining to same.
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-47,
receiving feasibility report and calling for a hearing for I. C. 51-321
for May 2, 1978. Motion carried unanimously.
Council Minutes - 9 - Tues. .March 21. 1978
IX. NEW BUSINESS
A. Communication regarding power of local airport operators
Mayor Penzel referred to letter from Kent Barker and reply
from Congressman Bill Frenzel regarding the power of local airport
operators.
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B. Bill regarding Chemical Waste Disposal Site Study
General discussion took place regarding the expenses incurred
pertaining to the Chemical Waste Disposal' Site Study.
MOTION: Meyers moved, seconded by Pauly, that Staff document bills
incurred for providing services which brought the Chemical Waste
Disposal Site study to a logical conclusion,and send same to the y
Pollution Control Agency. Motion carried unanimously.
C. Addition to the administrative staff in the Engineering area
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City Manager Ulstad spoke to a request from City Engineer Jullie
` to add a certified civil engineer whose basic qualifications
would be in the area of transportation, at an entry level of
about $15,000.00 a year.
Osterholt questioned if that person would preclude using some of the
consulting services and if we would save money. Jullie responded in
the affirmative.
Ulstad explained he would come back with the request to transfer
funds into the General Fund, and at the earliest we could possibly
hire someone by the first of June.
MOTION: Osterholt moved, seconded by Bye, to authorize the Manager
to advertise for a certified civil engineer. Motion carried
unanimously.
Additional New Business:
A. Guide Plan Meeting
MOTION: Osterholt moved, seconded by Penzel , to set Thursday,
March 30, 1978, 7:00 PM, as a Special Council Meeting to discuss
the Guide Plan. Motion carried unanimously.
B. Penzel noted that Dr. Richard Williams, one of Eden Prairie's representatives
on the South Hennepin Human Services Council , will be resigning.
ADJOURNMENT
MOTION: Bye moved, seconded by Osterholt, to adjourn the Council meeting at 1050 PM.
Motion carried unanimously.
SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING
MONDAY, MARCH 20, 1978 5:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Moan Meyers,
Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Uistad and Planning
Director Chris Enger
The meeting was called to order at 5:00 PM by Mayor Penzel .
Roll Call was taken and all Council members were present.
Goals and objectives were reviewed by all members of the Council . Suggested
changes were discussed and the Council requested Staff to provide additional
recommendations for Council consideration at their next Special Guide Plan
meeting.
Meeting stood adjourned at 8:30 PM.
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