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HomeMy WebLinkAboutCity Council - 01/17/1984 4?PROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 17 , 1984 7:30 P.M. , SCHOOL ADMINISTRATION BUILDING COUNCIL MEMBERS: f Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, 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 Robert Lambert, Director of Public Works Eugene A. Dietz and Recording S?cretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I . SERVICE AWARDS FOR PUBLIC SAFETY RESERVE UNIT Mayor Penzel reviewed the work which is done by the Reserve Unit and noted these people serve the community with no compensation. Captain Keith Wall introduced those members who were able to be present this evening: Lisa Colegrove, Ron Funk, Gino Gori , Mary Jenkins, John Sword, Bob Mjolsness , Donna Boller, Deanna Funk, Mark Kruen, and Paul Formico. Greg Linder was unable to be present. Wall explained that stars for longevity would be presented this evening. Those receiving these were: Ron Funk (8-1-77) , Mjolsness ( 10-1-77) , Gori (4-9-73) , and Sword (10-30-75) . A plaque was �. presented to Gino Gori for ten years of service. A memorandum promoting Ron Funk was presented promoting him to the position of Reserve L ;eutenant. Director of Public Safety Hacking thanked Councilman Redpath for helping to establish the Reserve Unit ten years ago by soliciting the necessary funding so uniforms could be provided. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Tangen , to approve the Agenda and Other Items of Business as published. Motion carried unanimously. III . MINUTES eng held on Tuesday, December 20, 1983 A. Minutes of. the Council Meeti _ MOTION: Anderson moved, seconded by Redpath , to approve the Minutes of the Council Meeting held on Tuesday , December 20, 1983, as published. Motion carried unanimously. t . City Council Minutes -2- January 17, 1984 B. Minutes of the Special City Council Meeting held on Tu2sd. ,y ,_ December 27, 1983 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the Special City Council Meeting held on Tuesday, December 27, 1983, as published. Motion carried with Anderson abstaining. J IV. CONSENT CALENDAR A. Clerk ' s License List B. approval of the appointment of Don Johnson, 7660 Atherton Way, to the Restoration Committee C. Approve Findings of Fact for Busse Objection to_Special Assessment for I . C. 5e D. Set date for Board of Review Meetinq_for Tuesday_, May 8, 1984 E. Change Order No. 1 for Restoration of the Cummins/G�rill_Homestead . fh-ase I MOTION: Bentley moved, seconded by Anderson, to adopt items A - E on the 1 Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS 9 A. WELSH CONSTRUCTION. Request for rezoning of 3. 27 acres from Rural to C-Regional Commercial Service for an office building. Location: east of the northeast corner of Prairie Center Drive and Hest 78th Street. (Ordinance No. 02-84) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Paul Dunn, vice president of Welsh Construction, and David Shea , architect, were present. Dunn spoke to the proposal and Shea presented the architect- ural highlights . Director of Planning Enger stated this proposal had been reviewed by the Planning Commission at its December 12 , 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the December 9, 1983, Staff Report. This proposal had not been reviewed by the Parks, Recreation & Natural Resources Commission. Redpath asked if outdoor advertising signs are allowed in this district. Enger said they are. Enger noted that the proponent had originally requested commercial zoning for this parcel , but came back and requested C-Regional Commercial Service prior to going before the Planning Commission because Naegele wished to have a sign easement on the property. City Council Minutes -3- January 17, 1984 Penzel said he was bothered by this concept of advertising signs . Enger said he shared Penzel 's concern; and noted that there was no request before the City at this time for such a sign. Dunn explained that Naegele would only sell the property to Welsh if Naegele could retain a sion easement; this meant that Welsh had to apply for C-Regional Service zoning because only under this are signs allowed. He said Welsh has done extensive research on this and feels comfortable enough with the easement condition and hopes there will never be a sign built based on other factors. Penzel said he did not think it was as speculative as it seems. Enger said the terms of the sale of land north of I-494 in this vicinity are the same -- with Naegele retaining rights to erect signs. Bentley asked if the landscaping along West 78th Street is adequate to screen the parking. Enger said it is. Bentley questioned the fire access around the building. Enger said this had been reviewed by the Fire Marshal and he indicated there was adequate circulation. Anderson asked about the views to the south now. Enger said. Anderson Lakes are visible to the south and east. City Attorney Pauly said the United States Supreme Court is now review- ing a case regarding signs and a ruling is anticipated this Spring. He suggested the Council wait to see what this brings. There were no comments from the audience. MOTION: Bentley moved , seconded by Tannen, to close the Public Hearing and to give Ist Reading to Proposed Ordinance No. 2-84. Motion carried with Redpath voting no. MOTION: Bentley moved , seconded by Tangen, to direct Staff to prepare a Sunrnary Resolution taking into consideration the recommendations included in the Staff Report, the recommendations of the Planning Commission and those of the Council . Motion carried unanimously. B. VACATION OF EXCESS RIGHT-OF-WAY: West 78th Street, east of Prairie Center Drive �Resa7ution No. __ ..T_ City Manager Jullie stated notice of this Public Hearing had been published in the Eden Prairie News . Director of Public Works Dietz was prepared to address the proposal . Penzel asked if this land might be needed for an overpass once TH 21.2 is built. Dietz said that question had not been examined. MOTION: Tangen moved, seconded by Bentley, to continue action on this item to the February 7, 1984 , meeting of the City Council to allow Staff additional time to review whether or not this property might be required when TH 212 is constructed. Motion carried unanimously. f �. City Council Minutes -4- January 17 , 1984 9 M IS NOS. 11516 - 11774 V I . PAYMENT OF CLAIMS _._ __. MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 11516 - 11774. Roll call vote: Anderson, Bentley, Redpath , Tangen and Penzel voted "aye. " Motion carried uanimously_ VII . REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Program plan for J . R . Cummins Homestead Jim Brown, member of the Historical & Cultural Commission, stated the Commission has done some preliminary work on the marketing plan for fund raising . He said the Council had earlier this evening appointed Don Johnson to the Commission; Johnson 's area of expertise is the field of marketing and he will be assisting the Commission in developing a detailed plan. Brown said the Commission would like budgeting approval so it would be able to have funding available for marketing purposes. He referred to a memorandum uated January 12, 1984, from Sandra Werts regarding a program and marketing plan for the Cummins-Grill Homestead. Brown noted that Commission member Will Eggan was also present this evening; alerts was also present. Penzel asked when a final marketing plan might be ready. Werts said it would be presented to the Council at its February 21, 1984, meeting. Redpath asked if it would be reasonable to think along the lines that since we have some things done which now make the house more or less safe, that further work be deferred until the funds are available to pay for the work. These funds would then be raised by the Commission. He said he did not know if the City should put more money into this building. Brown said the Commission started out with the idea that it wanted to raise some money but has run into brick walls since then. This was the rationale for doing what has been done. Redpath said he felt a misunderstanding arose when the City Council purchased the More House. The Restoration Committee was formed when repairs to the Cummins-Grill House were deemed necessary and the City Council went along with this. He said he felt the time has come for the Restoration Committee to assume the responsibility for the house. Brown said the Committee wishes to raise money to support the project; it needed to have the shell protected and this has been done. Bentley noted that an effort is being made through the Eden Prairie Foundation to build an Eden Prairie Museum as the 2nd phase of the new library which will be constructed by Hennepin County in the Major Center Area . He said the vi- ability for the Museum is very real . Bentley said the usage plan as proposed in the January 12th memorandum is a good one; he said he is bothered by the proposal to rent the building out for wedding receptions . City Council Minutes -5 January 17, 1984 Redpath asked what plans the City has for the More douse. Director of Community Services Lambert said the More House would be used as a museum; the Cummins-Grill House would be used as a living museum. He indicated if the Library is to be the repository for artifacts then the issue will have to be reexamined. Brown said he felt the More House would be used like the Sibley House in St. Paul - "look but don' t touch" ; while the Cummins-Grill House would be used as a "working museum" and would demonstrate how life was in Eden Prairie at the turn of the cerIry or before. Anderson said he thought the intent of the City was to preserve the Cummins-Grill House so it would not deteriorate while waiting to be restored. Lambert indicated normal maintenance for the House should be covered by the rent; he did not expect to come back to the Council for additional money. Tangen said he felt the Restoration Committee had begun an effort towards raising funds and should be given an opportunity to present its plans. MOTION: Tangen moved, seconded by Anderson, to continue until February 21, 1984, the program plan for the Cummins-Grill Homestead which is to be presented by the Restoration Committee of the Historical & Cultural Commission. Motion carried unanimously. m VIII . REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Re orts of Council Members B Suggested the Council become more involved in organizations such as the Association of Metropolitan Municipalities (AMM) . He noted there are vacancies on the AMM Transportation Advisory Board and offered to have his name submitted for appointment to such a post. Penzel - Noted that a resident on Kurtz Lane had again complained about a neighbor who raises bees. Tangen said he wondered if this was considered a commercial venture in a residential zone. City Manager Jullie said this issue has been raised in the past and has been referred to Zoning Administra- tor Jean Johnson and Mark Johnson of the City Attorney's Office. They are working on whether it is farming or a commercial venture. The Council will be apprised of the situation when further information is available. Said he would recommend Staff to no longer support knock-down barriers , but rather promote road connections. Bentley said he felt action towards this end had been taken at the Special Meeting of the City Council which was held on January 10, 1984. This was referred to Staff. B. Report of City Manager City Manager Jullie introduced Mike Franzen, who recently joined the City Staff as Senior Planner. City Council Minutes -6- January 17, 1984 C . Report _of City Attorney I There was no report. D. Report of Director of Community Services 1. Request for variance to construct a permanent dock in Br Ajn.t Lake Director of Community Services Lambert referred to his memorandum of January 12, 1984, in which the request was addressed. He noted the Parks , Recreation & Natural Resources Commission had voted to recommend approval at its meeting on January 16, 1984. He said none of the proponents was able to be at tonight' s meeting. i e r City Attorney Pauly said according to the Shoreland Management portion of the C i ty Code this should be referred to the Board of Appeals, and Adjustments for its review and recon-unendation to the City Council . i MOTION: Bentley moved, seconded by Redpath, to refer this item to ' the Board of Appeals and Adjustments for its consideration. Motion carried unanimously. 2. Mn/DOT Bikeway Constructicn Program Director of Community Services Lambert noted his memorandum of January 12, 1984 , in which he spoke to the Mn/DOT Program. He } said the Parks, Recreation & Natural Resources Commission had reviewed this at its meeting on January 16 , 1984, and had voted to recommend to the Council that $19,000 of liquor store profits for 1984 be allocated for this as the City' s matching funds. City Manager Jull ie stated that profits from the liquor store are allocated to park and public safety uses . He said that the alloca- tions have already been made for 1984; if matching funds were necessary they would have to come from reserves . MOTION: Redpath moved, seconded by Anderson , to authorize application for VnDOT Bikeway Grant for Duck Lake Road and Mitchell Road. If an4when such funding is obtained , the Council will determine the source of City matching funds. Motion carried unanimously. IX. NEW BUSINESS There was none. X. ADJOURNWIENT MOTION: Tangen moved , seconded by Bentley, to adjourn the meeting at 9:02 p.m. motion carried unanimously.