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HomeMy WebLinkAboutCity Council - 02/01/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 1 , 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson , Geor Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director o Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Sec- retary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL : all were present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII_. A. 1 Set _date for joint meetingwith School Board; VIII . A. 2. Discussion of lung ran�e�an meeting; VIII . A. 3. Discussion of Representative Sidney Pauly's memorandum of Februar�r 1, 1983, regarding 212/7H 5; and VIII . D. 2. US Olympic HockeY Tryouts. MOTION: Redpath moved, seconded by Anderson, to approve the Agenda as amended and published. Motion carried unanimously. II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 18, 1983 MOTION: Bentley moved, seconded by Anderson, to table action on the Minutes of the City Council meeting held Tuesday, January 18, 1983, so they might be redrafted to indicate the discussion which occurred. Motion carried unanimously. III . CONSENT CALENDAR A. Clerk 's License List B. Approval_of plans and s ecifications for TH _169 between Leona Road and Valley View Road as prepared by Mn/DOT(S.P. 2745-24) (Resolution No. 83-26 C. Approval of cooperative agreement with Mn/DOT for TH 169 improvement between Leona Road and Valley View Road S.P. 2754-24 Resolution No. $3-27j D. Approval of cooperative signal construction agreement with Mn/DOT and Hennepin County for TH 169 Project (Resolution No. 83-28 -- _ 7,, -. , City Council Minutes -2- February 1 , 1983 E . Approval of specifications 3,icati_ons for water miter bids and authorize bids to be re- ceived on Februar 24 198 at 10:00 a.m.,I.0 52-044 Resolution No. 83-29) F. Resolution No. 83-25, authorizing the sale of Tax Forfeited Lands f MOTION: Redpath moved, seconded by Bentley, to approve items A - F on the Consent f Calendar. Motion carried unanimously. IV. PUBLIC_ HEARINGS i A. ORDINANCE NO. 1-83, RELATING TO THE REGULATION, LICENSING AND USE GAMBLING k DEVICES (Continued from January 18, 1983-)-- _ City Manager Jullie spoke to City Attorney Pauly' s memorandum of January 27, 1983 in which the changes as directed by the Council at its January 18th meeting were addressed. Jullie also noted his memorandum of January 28, 1983, in which he discussed gambling license fees . Penzel questioned the ;line day length of a temporary license. City Attorney Pauly said no specific definition was provided and that is open to revision; he said the length of the temporary license should be defined. Redpath said he would like to see it at three days. MOT?ON: Redpath moved, seconded by Bentley, to amend the Ordinance to limit the length of a temporary license to three (3) days. Motion carried unani- mously. Bentley asked if there are limits as to whom might be granted a temporary license and for what specific devices. City Attorney Pauly said the distinc- tion in a temporary license only goes to the type of organization which may obtain one. John Bergan, 8705 Bentwood Drive, felt the reasons for a gambling ordinance were shallow. He noted that the Eden Prairie Foundation, Lions club and such have seemed to raise quite a bit of money without gambling. He did not think it was justified to allow the Legion to have gambling to expand their building -- if they are unable to raise funds for those improvements in more legitimate ways then it is too bad. Passing this ordinance is the easy way out; other organizations will want the same thing in future years. Tom Wilbur, 9781 Archer Lane, concurred with Bergan's comments . He stated he is not in favor of the gambling ordinance. James Berry, 12901 Valley View Road, stated he is pastor of New Testament Church. He said his church is against this ordinance; the members feel it is wrong. He said they feel money can be spend in better ways. There are other ways in which money can be raised. "We are stewards of God's money and using money in this fashion is not correct!' he said. City Council Minutes -3- February 1 , 1983 Greg Arrington, 1818 Haeg Drive, Bloomington , said he is in favor of the ordinance. He felt that each person had a right to spend the money he had in the way he wished. He felt this should not be looked at from only a religious viewpoint. No one was forcing people to gamble or take part in the games offered. He felt this would be good for the community and would also provide revenue to the community. Redpath noted this ordinance would allow pull tabs but not gaming tables; this will not be a financial panacea for the City. Bob Finnerty, 5019 43rd Avenue South , Minneapolis , said he is a legislative lobbyist for the gaming field. He said he was present to answer questions which might arise about the types of devices under consideration. George Kelley, 4709 Drew Avenue South, Minneapolis, said he was present to represent New Testament Church and his Lord. He stated the problems which p have been created as a result of gambling. yyP(( tl Cindy Miller, 7425 Scott Terrace, said she cares about people and that was the reason for her presence. She said people are motivated to gamble due to greed and laziness. She quoted from the Bible to substantiate her statements . Bergan said not passing the ordinance would not make things any worse than they presently are. Passing the ordinance would be of no benefit to the community. David Price, Pastor of Crosstown Baptist Church, said the City is setting �. the climate for what is to come. More and more of this type of thing will be brought into the City. Bentley said the American Legion is an honorable organization. The issue before the Council is an emotional one and does not affect a lot of people. He noted that not everyone can become a member of the Legion; he did not see where the number of members will increase because of this ordinance. He said this activity is allowed in surrounding communities and people from Eden Prairie can now no there, if they so desire. He said he did not feel this ordinance would corrupt the morals of the community and he would support passage of the ordinance. Redpath said morality cannot be legislated. He stated this issue had been blown completely out of proportion because of the word gambling. Penzel said as a pub. c official he felt charged with the responsibility of setting an example and for having a set of principles by which to live. He felt gambling would have a negative effect on family life; he did not feel this type of operation was appropriate for Eden Prairie. Tangen said he had given this a great deal of thought and had spoken with several people about the ordinance. He said he had not heard much from the people from the Legion. He said at this point he could not support the ordinance. City Council Minutes -4- February 1, 1983 Anderson said he has a great deal of concern about video games in this community and about what is offered on television. He said at the age $ of 18 people are deemed by the State to be adults and at that time have the right to chose what to do and what not to do. Based on this fact, he said he would support the ordinance. Redpath said he found it interesting that he had not received any calls from the people he knows in Eden Prairie -- those he considers to be friends and would call if they felt a concern about the issue. Del Beckman, 10720 Woodwatch, submitted a petition (see attached) which had been signed by approximately 150 people in support of the gambling ordinance. Bentley said he could not understand the argument that the moral fabric of Eden Prairie would be destroyed because of this ordinance. He noted that this was a matter of free choice -- a local organization would be allowed the opportunity to offer these devices to its membership. Penzel said he felt his freedom of choice was being limited by this because his views were being taken as irrational . MOTION: Anderson moved, seconded by Redpath, to give lst reading to Ordinance No. 1-83, relating to the regulation, licensing and use of gambling devices. Motion carried with Tangen and Penzel voting "nay. " MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing. Motion carried unanimously. 0 B. REQUEST FOR AMENDMENT TO 7.ONING ORDINANCE NO. 80-10, AMENDMENT TO DEVELOPMENT PLAN DATED FEBRUARY 29, 1980, AND PRELIMINARY PLAT APPROVAL FOR RYMARLAND_ CAMP 3rd ADDITION, FOR 11 SINGLE FAM4ILY LOTS ON 4.4 ACRES. -__Located east of Highway 101 , south of Hidden Ponds 2nd Addition. (Ordinance No. 3-83, amending zoning, Resolution No. 83-10, approving preliminary plat. ) City Manager Jullie stated official notice of this public hearing had been published and notices had been mailed to property owners. Rich Sathre, Sathre-Bergquist, addressed the proposal . Also present was Milton 0. Quam, proponent. Planning Director Enger said this item had been returned to the Planning Commission for its review of the request for an amendment to the zoning ordinance on the original Rymarland Camp 2nd Addition. Originally, he noted, the Planning Commission had recommended the preliminary plat be approved. The Planning Commission recommended approval of the amendment to the Development Plan and Zoning for Rymarland Camp 3rd Addition at its January 24, 1983, meeting subject to the recommendations of the Staff report dated December 21 , 1982. F 1 t_ - City Council Minutes -5- February 1 * 1983 Director of Community Services Lambert said the Parks, Recreation & (` Natural Resources Commission had reviewed this item at its January 17, 1 1983, meeting at which time it recommended approval as per the Planning Staff Report of December 21, 1982. Bentley said it appeared to him that the Planning Commission had now been allowed to grant a density change in a previously approved plat. His con- cern was that the possibility would now exist that this would open the door for other developers to come forth with similar changes. Redpath questioned what the City would get in return for not having a swimming pool , park, or open space in this area. Lambert said the City { would now get additional cash park fees. Anderson asked what would happen to the land if this change were not allowed. Enger said the land would probably revert to the City one way or another as the homeowner's association had been dissolved. Anderson asked if the City would have any use for the land. Lambert said it would not. Anderson noted the Council did not have much of a choice. Penzel wondered if the City should condone such an action; the precedent is frightening. . Enger recalled a similar situation with Centex at Ridgewood West. Tangen said there is something unique about this site. The amenities that were there proved to be a detriment rather than an asset. Should the Council prevent something good from happening? It is time for the Council to recognize the problem. The Council has not heard from the immediate neighbors about this item so he concluded they did not feel threatened by the action. Penzel said the reason the Council has not heard is because there is no longer a homeowner's association. Anderson expressed concern about whose obligation it is to maintain the obligations of the homeowner's associations. He asked whether or not the City can allow them to deteriorate. City Attorney Pauly noted the City can require certain things as required by the zoning ordinance. Milton Quam said he has about 23 acres in this area and he is not asking for any greater density than is required by the zoning ordinance. Tangen said then density is no longer a question. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st. Reading to Ordinance 3-83. Motion carried with Penzel voting ' nay. " MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-10, approving the preliminary plat of Rymarland Camp 3rd Addition. Motion carried unanimously. City Council Minutes -6- February 1 , 1983 MOTION: Tangen moved, seconded by Redpath, to amend the Developer's Agreement to allow for a new site plan. Motion carried unanimously. ry V. PAYMENT OF CLAIMS NOS. 5824 - 6055 F MOTION: Redpath moved , seconded by Tangen, to approve Payment of Claims Nos . 5824 - 6055. Roll call vote: Anderson , Bentley, Redpath, Tangen and Penzel voted "aye. Motion carried unanimously. x VI . REPORTS OF ADVISORY COMMISSIONS n There were no reports. VII . APPOINTMENTS A. ARPointment of Assistant Weed Inspector MOTION: Redpath moved, seconded by Bentley, to appoint Wes Dunsmore as Assistant Weed Inspector. Motion carried unanimously. r VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council_Members 1. Set date for ,point meeting with School Board . Penzel said John Lobben had suggested March 8, 1983, at 7:30 p.m. as the date for the joint meeting with the School Board. All school board members will be available on that date. MOTION: Bentley moved, seconded by Anderson, to set March 8, 1983 , at 7:30 p.m. as the date for the joint meeting with the School Board. Motion carried unanimously. 2. Discussion of long range plan meeting MOTION: Bentley moved, seconded by Anderson, to set March 22, 1983, at 7:30 p.m. as the date and time for a special meeting of the City Council at which time long range plans/goals will be discussed. Mo- tion carried unanimously. 3. Discussion of Representative Sidney P�'s memorandum of February I , 1983 Penzel called attention to Representative Sidney Pauly's memorandum of February 1 , 1983, in which she asked that a joint meeting of the mayors and city councils of Chaska, Chanhassen and Eden Prairie be held to discuss maintaining pressure for 212 along with the proposed repair and mainten- ance of TH5 as well as the official map and related transportation con- cerns. i City Council Minutes -7- February 1, 1983 MOTION: Bentley moved, seconded by Redpath, to set February 22, 1983, at 7: 30 p.m. at the Chanhassen City Hall as the date, time, and location for a meeting of the City Councils and Mayors of Chaska, Chanhassen and Eden Prairie. This meeting will be for the purpose of discussing the official map and related transportation concerns. Motion carried unanimously. B. Report of City Manager 1 . Award bids for 1983 Modular Rescue Vehicle City Manager Jullie noted the summary of bids which were included in Director of Public Safety Hacking's memo of January 27, 1983. Redpath asked if the ambulance which is now provided in the City by Hennepin County would be moved out of the City when this vehicle is purchased. Hacking said the rescue vehicle is not an ambulance and would not be staffed by emergency medical technicians ; the ambulance will remain in the City. Tangen asked how this purchase was budgeted. Jullie said the 1982 budget included $26,000 towards the purchase with the remainder to come out of this year' s budget. Anderson asked how this vehicle would be used in an emergency situation. Hacking explained this vehicle would be used to "hold° accident victims who would be awaiting ambulance service. It would also be used in other emergency situations. MOTION: Bentley moved, seconded by Tangen, to award the bid for a res- cue truck to Road Rescue Company for $52,449.00 with a discount of $1 ,652. 14 if the amount is prepaid for a total cost of $50,796.86. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted e "aye. " Motion carried unanimously. A representative of H.A.R. , Victoria , said he had never seen a bid written "so tight" and he felt that to be unfair. He did not feel there was much difference in the mechanical equipment which was bid. C. Report _of City Attorney City Attorney Pauly addressed his memorandum of February 1, 1983, in which he discussed the state of legal services rendered to the City. Included with the memorandum was a Summary of Legal Services Rendered to the City in 1982. He said he would be willing to answer any questions which might j come up as a result of this memorandum. City Council Minutes -8- February 1, 1983 D. Report of Director of Community Services 1. City's Refund Policy �r City Manager Jullie explained the change as outlined in Director of Community Services Lambert's memorandum of January 27, 1983. } I Director of Community Services Lambert said the change would 4 authorize the Finance Department to issue refund checks upon can- cellation of registration without prior Council approval on the Claims list. The claims , however, would appear on the following regular Claims list. MOTION: Tangen moved, seconded by Anderson, to approve the refund policy as per Lambert's memorandum of January 27, 1983. Motion carried unanimously. { 2. US Olympic Hockey Tryouts l Penzel called attention to the memorandum of February 1, 1983, to the Mayor, City Council and City Manager `tom Charles Pappas, Manager of the Community Center regarding the United States Olympic Hockey Tryouts. MOTION: Redpath moved, seconded by Anderson, to approve the request of the Olympic Hockey Team to rent the Community Center Ice Arena for regional tryouts for the 1984 Olympic Hockey Team on Saturday, April 16 and Sunday, April 17, 1983, between the hours of 8 a.m. and 5 p.m. , The proper notices shall be posted to alert those who would be using the facility at that time. Motion carried unanimously. IX. NEW BUSINESS There was no new business. X. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 9:37 p.m. Motion carried unanimously. -: ., __': .__,.�.,:- :^�� a �G .n+ w'�� r'4 r^5—'� {,F4 a c� 4`*d@aF r'+:•"ia'S,Y+„ '�y±:+�� '_`�