HomeMy WebLinkAboutCity Council - 06/15/1982 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, JUNE 15, 1982 7:30 PM, CITY HALL
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COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Community Services
Bob Lambert, Director of Public Works Eugene A.
Dietz , and Recording Secretary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman Dean Edstrom was absent.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: X. A. Consideration of Purchase
Agreement with The Preserve_.
The following item was moved from VIII . A. to III . G. 2nd Reading of Ordinance
No. 82-11, rezoning from Rural to RM 6.5 for 16 acres for Cardinal Creek 3rd
edition by Gustafson & Associates and Developer' s Agreement.
MOTION: Redpath moved, seconded by Bentley, to approve the Aqenda as amended
and published. Motion carried unanimously.
II . MINUTES
A. Regular City Council Meeting held Tuesday, May 18, 1982
MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the
City Council Meeting held Tuesday, May 18, 1982, as published. Motion carried
unanimously.
B. §pec i al City Council Meeting held Tuesday, May 25, 1982
MOTION: Redpath moved, seconded by Bentley, to approve the Minutes of the
Special City Council Meeting held Tuesday, May 25, 1982, as published.
Motion carried unanimously.
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City Council Minutes -2 June 15, 1982
III . CONSENT CALENDAR
A. Set Public Hearing for Vacation of Media Lane and Utility Easements in CNR
Golden Strip for 7:30 p.m. on July 6, 1982
B. Approve Metropolitan Waste Control Commission application for Technology Drive
Sanitary Sewer System, I .C. 52-010 Resolution No. 82-137
C. Removal of Webster House in Staring Lake Park
D. Change bid date for City Services Project from June 15, 1982 to June 25, 1982,
at 2700 p.m,
E. Request to approve advertisement for bids for County Road 1 Bike Trail _
Hiihway #169 to Homeward Hills Road
F. "No Parking" restrictions on Mitchell Road from Scenic Heights Road to TH 5
TReoolution No. 82-148)
G. 2nd Reading of Ordinance No. 82-11, rezoning from Rural to RM 6.5 for 16
acres for Cardinal Creek 3rd Addition by Gustafson & Associates and Developer's
- A—�rEjement - formerly VIII. A.
MOTION: Bentley moved, seconded by Tangen, to approve items A - G on the Consent
Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Vacation of Easements on Lot 1 , Block 2, Starring Lake First Addition
TResolution No. 82-144
There were no comments from the public regarding this vacation of easements.
MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and
to adopt Resolution No. 82-144, vacation of easements on Lot 1, Block 2,
Starring Lake First Addition. Motion carried unanimously.
B. Public Hearing for Feasibility Report of Street Improvements for West 76th
Street West of Washington Avenue)_, I .C. 52-031 Resolution No. 82-138
There were no comments from the public regarding this feasibility report.
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and
to adopt Resolution No. 82-138, ordering preparation of plans and specifications
for street improvements for West 76th Street (west of Washington Avenue. )
Motion carried unanimously.
City Council Minutes -3- June 15, 1982
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C. BAYPOINT MANOR APARTMENTS (revised) bY G & D Enter rises. Request to rezone
6_ _ acres from Rural to RM 2.5 and preliminary plat approval to construct a
4-story building with 152 apartment units. The property is part of The Preserve
PUD 70-04 and may include granting of variances. Located south of Preserve
Community Center Barn and north of Neill Lake (Resolution No. 82-129 - PUD
Development; Ordinance No. 82-14 - rezoning; and Resolution No. 82-130 - pre-
liminary plat)
City Manager Jullie stated the official notice was mailed to 483 property
owners within the project vicinity. However, due to an error (either on the
part of the City or the Eden Prairie News ) , the notice was not published in
the newspaper. The City Attorney' s Office has advised that the City can open
and conduct the Public Hearing as planned and give preliminary approval as
usual , if the Council desires. The Hearing should not be closed, but rather
continued to July 6, 1982, which will allow time to properly publish the
notice.
Richard M. Smith , Miller Construction, addressed the proposal .
Director of Planning Enger noted the Planning Commission had reviewed this
project on two occasions. On May 24, 1982, the Planning Commission recommended
approval of the proposal, subject to the recommendations included in the May
20, 1982, Staff Report.
Director of Community Services Lambert said the Parks , Recreation & Natural Re-
sources Commission had reviewed this at its June 7 , 1982 , meeting at which time
it recommended approval subject to the recommendations contained in the May 20th
Staff Report.
Redpath asked what the use would be of the marina. Enger said it would be used
for sailboats , canoes , paddleboats, and the like. There would be no motors
allowed. Lambert said control of the marina would be under the direction of
The Preserve Homeowner' s Association.
Penzel asked if financing had already been arranged. Smith said they were
about to finalize the financing.
Bentley asked if the developer forsees this complex being converted to condo-
miniums. Smith said the financing package which they are putting together
negates the conversion for seven years. He said these will be middle to luxury
apartments for at least seven years.
Bentley quest;oned Larry Peterson, representative from. The Preserve, regarding
the "big building" concept. Peterson noted this area was not intended to be
single family and was shown on the original PUD for The Preserve as being high
density. Bentley said he did not think this use was in keeping with what had
been presented to homeowners -- not what had been presented to the City, but to
the homeowners. Peterson said development concept maps had been circulated at
one time which did show this as a recreational area . Since 1976 homeowners have
had to sign a purchase agreement rider which states the area south of The Preserve
Center is not under the control of the Homeowner's Association. Bentley said
C he does not believe there has been any intentional deception on the part of The
Preserve.
City Council Minutes -4- June 15, 1982
There were no comments from the audience.
MOTION: Redpath moved, seconded by Tangen, to continue the Public Hearing
to July 6, 1982. Motion carried unanimously.
D. LEE DATA CENTER by Rauenhorst Corporation. Request for PUD Concept for indus-
trial and open space on 36 acres, rezoning of approximately 20 acres from RM
2. 5 to I-5, preliminary plat approval of 36 acres for 1 lot and 3 outlots for
the construction of a 200,000 square feet office/warehouse building, and possible
variances . Located south of Shady Oak Road, east of US 169/212, and north of
Nine Mile Creek. (Resolution No. 82-131 - PUD, Ordinance No. 82-15 - rezoning,
and Resolution No. 82-132, preliminary plat. )
Bob Worthington, Rauenhorst Corporation, spoke to the proposal . He introduced.
Ralph Robinson and John McKenzie of Rauenhorst and Bob Bissenger and John Lee
of Lee Data . Lee noted his company is three years old, manufactures terminal
display units, presently is in Eden Prairie and has 350 employees. They have
outgrown their present facilities -- are in three locations -- and wish to
build so they can move into the facility early in 1983.
Director of Planning Enger stated this matter had been considered by the Planning
Commission at its Mav 24, 1982, meetinv at which time it recn "9 e d
approval subject to the recommendations contained in the May , Staff
Report (item #10 was deleted by the Planning Commission. )
Director of Community Services Lambert noted the Parks , Recreation & Natural
Resources Commission will review the proposal at its June 21, 1982, meeting
because Bob Worthington was unable to attend the June 7, 1982, meeting.
Bentley asked why the driveway to Flying Cloud Drive is not shown on the plat.
Worthington said this will be reflected on subsequent maps showing the plat.
Penzel asked what the rationale was behind suggesting high density residential
in the southwestern portion of this parcel . Enger said high density residential
was an objective near places of employment.
Penzel asked what considerations had been given to financing of public improve-
ments. Worthington said the initial (first phase) costs to obtain access to the
site would be included as development costs; the cost of sewer, water, and street
improvements would be paid for through assessments. They do not intend to apply
for Industrial Revenue Bonds to finance the project.
Bentley asked if this project would require a Guide Plan amendment. Enger
said it would not because it falls in an "either/or" category and therefore
falls within the Guide Plan desianation.
Tangen asked if any of the trees would be preserved- McKenzie, project manager,
said they will attempt to preserve as many trees as possible. Greg Demondeaux,
architect with Rembrandt, had pictures of the site which showed the treed area
to which Tangen referred.
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City Council Minutes -5- June 15, 1982
Bentley asked if there would be one or two entrances into the parking lot.
Worthington said the major entrance into the lot would be off of Flying Cloud
Drive with a secondary access off of 70th Street which will be extended to the
driveway coming out of their loading dock. Bentley asked why this is not shown
as a driveway on the plat. 'Worthington said they would do so if this City desires .
They had intended this to be a private drive.
Tangen asked at what point in the proceedings should exterior lighting be
considered. He expressed concern about the effect of lighting on the residen-
tial area across TH 169. Enger said that should be discussed at this point
and will be reflected in the Developer' s Agreement.
Peter Beck, attorney with the Larkin, Hoffman firm and representing Richard
Anderson of ADI , spoke to his letter of June 11 , 1982 (attached to the
minutes) . In this letter he addressed the berm which ADI was required to
build at the time Shady Oak Industrial Park Fifth Addition was developed.
This was done because the proposed site was then going to be developed for
residential use. Because of the change in use, ADI wished to have the cost
of removing the berm shared by the new developer.
Fenzel asked if West 70th Street was going to be extended. Director of Public
Works Dietz said it would be a good idea to do so but because the use on the
Hanson Auto Parts site does not warrant the extension it is probably not feasi-
ble at this time.
Bentley asked if the berm on the ADI property would have been required if there
had been compatible uses on both properties at the time the berm was built.
Enger said probably not, at least not to the extent that it was built. Penzel
said ADI might proceed by asking to have their Developer's Agreement amended
in light of the change in use of the site under discussion. Tangen concurred
that ADI should go through the formal process if it wishes to have the berm
removed. Wayne Field, Rembrandt Enterprises ,said there had been a distinct
advantage to building the berm because it used all the muck which would have
had to be hauled off the site. Beck said once the rezoning is approved the
problem is ADI ' s alone -- they will get no help in removing the berm from
Rauenhorst or Rembrandt.
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and
to adopt Resolution No. 82-131 , approving the Lee Data Center Planned Unit
Development and Amending the Guide Plan. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance
No. 82-15, rezoning of approximately 20 acres from RM 2.5 to I-5. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft the
Developer' s Agreement subject to the conditions included in the Staff Report
and the recommendations of the Planning Commission and the Parks , Recreation
& Natural Resources Commission; conveyance of the right-of-way for West 70th
Street shall be included; lighting shall be addressed; and access to Flying
Cloud Drive shall be resolved regarding ownership. Motion carried unanimously.
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City Council Minutes -6- June 15 . 1982
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Penzel requested Enger to look into the question of berms,It t
Bentley asked Enger to put together an up-dated transportation plan for
the area .
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Action on Resolution No. 82-132 was deferred to June 29, 1982.
E. BRYANT LAKE CONDOMINIUMS by Metram Properties Company. Request for Compre-
hensive Guide Plan change from low density residential to medium density resi-
dential and park/open space uses , PUD Concept for 22 acres of residential and
43 acres of park/open space/ROW, rezoning from Rural to R1-22 for 3 single
family and RM 2. 5 for 218 condos , preliminary plat of the entire 65 acre site,
and approval of an Environmental Assessment Worksheet. Located north of Bryant
Lake, south of proposed Crosstown 62, and east of I-494 (Resolution No. 82-133 - a
PUD; Ordinance No. 82-16 - rezoning; Resolution No. 82-134 - preliminary plat;
and Resolution No. 82-135 - EAW)
John Uban of Howard Dahlgren & Associates and Ron Erickson of Korunsky Krank
Erickson Architects were present and made the presentation.
Director of Planning Enger stated this had first been brought to the Planning
Commission in July of 1981. On May 24, 1982, after much revision, the proposal
was again presented to the Planning Commission at which time it recommended
approval subject to the conditions included in the May 21, 1982, Staff Report .
Director of Community Services Lambert noted the Parks , Recreation & Natural
Resources Commission had reviewed the proposal at its June 7, 1982, meeting
at which time it recommended approval subject to the recommendations included
in the May 21, 1982, Staff Report and the recommendations of the Planning
Commission.
Tangen asked about the location of the trail through the development. Uban
said the trail would serve residents of the condominiums as well as those
living west of I-494. Enger said a trail is shown on the Eden Prairie Trails
Map which will serve those west of I-494 and this is intended to connect with
that trail to allow access to the Bryant Lake Park via a trail .
Uban and Erickson said the use of the park south of the condominium site will
be passive rather than active.
Penzel asked if financing had been arranged. Vasco Bernardi , owner of the
property, said it was no problem.
Don Poupard, 6251 Beach Road, said he does not like the location or size of
the building which is within 100' of his property line. He felt the building
was too massive and he would like to have it moved south or eliminated. Uban
said Poupard will be able to see the building during the winter months -- the
building will be about 400 feet from Poupard' s house. Various locations for
the buildings were discussed. Uban noted the building locations were selected
largely due to the topography of the site as wel-1 as vegetation on the site.
City Council Minutes -7- June 15, 1982
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Tangen said he felt this had been before the Planning Commission since
last July and many alternatives had been examined. He noted that there
was no opposition voiced tonight other than frorn Mr. Poupard. While he
can sympathize with Poupard, he felt the proposal to be a good one and
thought any delay or change would have some impact or affect on someone a
else.
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MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing.
Motion carried unanimously. l
MOTION: Tangen moved, seconded by Redpath , to adopt Resolution No . 82-133,
approving the Bryant Lake Condominiums Planned Unit Development and Amending
the Guide Plan . Motion carried unanimously. '
MOTION: Tangen moved, seconded by Redpath , to give 1st Reading to Ordinance
No. 82-16, rezoning from Rural to R1-22 for 3 single family and RM 2.5 for
218 condominiums. Motion carried unanimously.
MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-134,
approving the preliminary plat of Bryant Lake Condominiums. Motion carried
with Bentley voting "no. "
MOTION: Tangen moved, seconded by Redpath, to direct Staff to draft the
Developer' s Agreement subject to the recommendations of the Staff Report,
Planning Commission, and Parks, Recreation & Natural Resources Commission,
Trail access with the appropriate easements should also be included.
V. PAYMENT OF CLAIMS NOS. 2153 - 2429
MOTION: Tangen moved, seconded by Bentley, to approve the Payment of Claims
Nos. 2153 - 2429. Roll call vote: Bentley, Redpath , Tangen, and Penzel voted
"aye." Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
There were none.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. GOLDEN STRIP 2nd REPLAT by Condon/Naegele Realty Company. Request to replat
the Golden Strip 2nd, consisting of approximately 48 acres located north of
Highway 494, south of Smetana Lake, and east of Highway 169 'Resolution No.
82-136 - preliminary plat)
Don Brauer was available to answer questions .
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 82-136,
approving the preliminary plat of Golden Strip 2nd Replat Addition. Motion
carried unanimously.
City Council Minutes -8- June 15, 1982
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B. Resolution No. 82-146, establishing Public Hearings for the implementation
of a Tax Increment Financing Plan for Edenvale Apartments
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-146,
establishing the date for certain public hearings with respect to a proposal
to undertake and finance a project under Minnesota Statutes, Chapters 462.411
et seq. and 273.71-78. Motion carried unanimously.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Redpath Said he had received a request from the American Legion asking
about a gambling-type license which is supposedly allowed under State Statute.
He said the Legion would like the City to look into licensing provisions under
this Statute because the Legion would like to have "pull-tabs" and bingo and
would donate part of the revenue to civic projects. Tangen said he would have
a problem with granting this type of a license. City Attorney Pauly said it
would require an ordinance, The City Attorney was instructed to check into
this.
1_ Appointment of 1 Representative to the Human Rights & Services Commission
to fill an unexpired term to 2/28/83 Continued from 6-1-81
MOTION: Bentley moved, seconded by Redpath, to appoint Liz Kelly to
the Human Rights & Services Commission to fill an unexpired term to 2-28-83.
Motion carried unanimously.
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2. Appointment of officials as designated in Resolution No. 82-126 as follows:
Council member/Director; Alternate Council member/Director; Administrative
'Appointed Director; and Administrative Appointed Alternate Director to the
Joint Powers Commission Southwest Suburban Cable
MOTION: Tangen moved, seconded by Bentley, to appoint Paul Redpath as
Council member/Director; George Bentley as Alternate Council member/Director;
Carl J. Jullie as Administrative Appointed Director; and John 0. Frane as
Administrative Appointed Alternate Director to the Joint Powers Commission
for Southwest Suburban Cable Television. Motion carried unanimously.
B. Report of City Mana en
There was no report.
C. Report qj City Attorne�r
There was no report.
MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m.
time limit. Motion carried unanimously.
City Council Minutes -9- Jane 15, 1982
( D. Revort_of Director of Community Services
a. 1 . B_ry_ant Lake Park Master- Plan
Director of Community Services Lambert introduced Greg Mack, Manager of
the Bryant Lake Park,, and Don King of the Hennepin County Park Reserve
District who presented the proposed Bryant Lake Park Master Plan for
review by the Council . Lambert noted the Parks, Recreation & Natural
Resources Commission had recommended approval of the master plan with
the exception of the overnight camping. Mack introduced other members
of the Park District staff who were present.
Penzel asked about the 40 acres in the northern portion which had been
discussed earlier this evening -- the property which is now owned by
Metram. Mack said the County would purchase this property from the
City.
Penzel said he understood the overnight camping had not been too well
received by the neighboring residents. King said there is a high demand
for this type of facility, however this usage can be removed from the
Park. Tangen suggested if overnight camping is allowed it would be best
in the center of the Park.
Kent Molde, 7040 Willow Creek Road, expressed concern about overnight
parking. He said he agreed with the concerns expressed by the Council
in regard to camping.
Wally Cruz , 7040 Willow Creek Road, said he is not in favor of overnight
camping and he is not happy about the boating provtisions in the Plan.
MOTION: Redpath moved, seconded by Bentley, to adopt the Master Plan
for Bryant Lake Park with the provision that there be no overnight camp-
ing. Motion carried unanimously.
E. Report of Director of Public Works
1 . Award Contract for Kilmer Avenue and Atherton Way Utility Improvements ,
I.C. 52-013 Resolution No. 82-139
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
82-139, accepting bid for Kilmer Avenue and Atherton Way Utility Improve-
ments , I .C. 52-013. Roll call vote: Bentley, Redpath, Tangen and Penzel
voted "aye. "
2. Award Contract for Mitchell Lake Estates 2nd Addition Street Improvements ,
I .C.`52-03-0 Resolution No. 82-140 ~
MOTION: Bentley moved, seconded by Tangen, to hold the bids for Mitchell
Lake Estates 2nd Addition Street Improvements, I .C. 52-030, at the request
of the developer. Motion carried unanimously.
City Council Minutes -10- June 15, 1982
3. Award Contract for Mitchell/Technology Drive, I .C. 52-010 (Resolution
No. 82-141)'
MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No.
82-141, accepting the bid for Mitchell/Technology Drive, I .C. 52-010
with the bituminous alternate. Roll call vote: Bentley, Redpath, Tangen
and Penzel voted "aye." Motion carried unanimously.
4. Pollution Control Agency Indirect Source Permit (Resolution No. 82-149)
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
82-149, assuring compliance with PCA Indirect Source Permit. Motion
carried unanimously.
5. Award Contract for N.W. Quadrant of Prairie Center Drive and Valley View
Road, I .C. 51-340A Resolution No. 82-142
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
82-142, accepting bid for N.W. Quadrant of Prairie Center Drive and
Valley View Road , I.C. 51-340A, subject to State-Aid plan approval .
Roll call vote: Bentley, Redpath, Tangen, and Penzel voted "aye.
Motion carried unanimously.
6. Award Contract for S.W. Quadrant of Prairie Center Drive, I.C. 51-398
Resolution No. 82-147)
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No.
82-147, accepting bid for S.W. Quadrant of Prairie Center Drive, I .C.
51-398. Roll call vote: Bentley, Redpath, Tangen, and Penzel voted
"aye. " Motion carried unanimously.
7. Award Contract for N.W. Quadrant of Prairie Center Drive and Valli View
Road, I.C. 51-308A Resolution No. 82-143
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
82-143, accepting bid for N. E. Quadrant of Prairie Center Drive and
Valley View Road, I .C. 51-308 A. Roll call vote: Bentley, Redpath,
Tangen and Penzel voted "aye." Motion carried unanimously.
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City Council Minutes -11- June 15, 1982
F. Report of Finance Director
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1. Clerk 's License List
Farmers' Market: Patricia Wilson, 8100 Tierney' s Woods Road, Bloomington,
was present to review the details of this request. Wilson stated this
request is for a solicitor' s license which would allow a Farmers' Market
to be located in the southeast portion of Menards ' parking lot. The market
will feature Minnesota-grown produce, largely growers from Hennepin and
Carver counties.
Redpath expressed concern that this might expand and become a flea market
type operation also. Wilson said they will only sell personally grown
produce or the produce grown by a friend or neighbor. Sellers will be
charged $1 -- Wilson only hopes to recoup the cost of postage: she has
no other financial interest.
The question of zoning was raised. Enger said This particular portion
of the Menard site is zoned Rural . Tangen noted the ultimate use on this
particular PUD is commercial . Redpath asked who is responsible for the
liability insurance. That question was not resolved.
Wilson indicated they would like to begin the market on July 10th. The
hours of operation would be from 10 a.m. to 2 p.m. each Saturday.
Sidney Pauly, 17450 West 78th Street, presented petitions in support of
the Farmers' Market to the Council (see attached . )
Tangen felt the market would be of positive benefit to the citizens of
Eden Prairie. Penzel stated he would, if the Council approves it, keep
an eye on the operation to see that there is not a problem with either
traffic or maintenance. - If problems do occur with either, he will see
that are brought to the attention of the Council .
MOTION: Tangen moved, seconded by Redpath, to approve the application
for a solicitor' s license for a Farmers' Market. Motion carried unanimously.
Emswiler Kennel License: City Attorney Pauly gave the criteria for a pri-
vate kennellicense. He noted a kennel license is necessary whenever three
or more dogs are kept
Penzel stated numerous complaints have been received by Public Safety
from residents of the Coach Light Manor neighborhood regarding the Emswiler
dogs. He noted more money has been spent on aninal calls in this area than
in any area of the City.
Joan Emswiler, 6580 tlndestad, felt she and her family have been harassed
because of the dogs. She said they have a fence for the dogs; the dogs
don' t bark; and the dogs don' t run lose.
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City Council Minutes -12- June 15, 1982
Penzel noted the complaints have been consistent and have not been
from just 'one neighbor. Captain Keith Wall said City Attorney Pauly
has a list of the citations which have been issued. Pauly said there
have been 19 instances since 1975 and presently pending is a formal
complaint.
Emswiler' s son said in the past year they have had a dog neutered, built
a dog kennel which leads directly from the house, the dogs are put in
at night, there is no barking, and a 30' chain has been put in the
front yard. He felt perhaps a neighbor's Irish Setter puppy is to
blame and others may have thought that is the Emswiler's dog.
Tangen asked if the Council might be getting in the middle of a neigh-
borhood feud. He suggested the Public Service Animal Control Officer
inspect the premises and report to the Council . Tangen would also like
to know the source of the complaints. He stated he has difficulty with
granting this license due to the lot size.
Redpath asked what the basis for a citation is. Captain Wall said the
circumstances must be witnessed by an officer and the animal must be off
the property of its owner.
Emswiler said she disagrees with the Eden Prairie Police.
MOTION: Redpath moved, seconded by Tangen, to continue action of this
item to the July 6, 1982. meeting; and to have Staff report on the in-
vestigation by the Animal Patrol Officer regarding the premises (kennel,
chains, etc. ) and the number of complainants, Motion carried unanimously.
MOTION: Tangen moved, seconded by Bentley, to approve the Clerk's
License List except for the Private Kennel License which was continued
to the July 6, 1982, Council Meeting. Motion carried unanimously.
X. NEW BUSINESS
A. Consideration of Purchase Agreement with The Preserve
City Manager Jullie outlined the the purchase agreement with The Preserve
fflr land to be purchased for the construction .of Prairie Center Drive in
the vicinity of I-494.
MOTION: Redpath moved, seconded by Bentley, to approve the Purchase .Agreement
with The Preserve. Roll call vote: Bentley, Redpath, Tangen and Penzel voted
"aye. " Motion carried unanimously.
XI . ADJOURNMENT
MOTION: Redpath moved seconded by Tangen, to adjourn the meeting at 1: 13 a.m.
Motion carried unanimously.
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