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City Council - 04/02/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 2, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCH MEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfumson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation &Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson ROLL CALL Councilmembers Pidcock and Thorfinnson were absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Case moved, seconded by Tyra-Lukens, to approve the agenda as published. Motion carried unanimously. H. OPEN PODIUM y Roger Sandvick, 14280 Stratford Road, expressed concern that an agreement has not yet been reached between the City and Midwest Asphalt. Jullie said an agreement was drafted that has all the essential elements but it has not yet been signed. He said we are disappointed that we do not have the signed agreement; however, they have been advised that if they violate the essential terms of the agreement, the City will immediately notify them to cease operations on the unzoned parcel. There are some minor details that need to be resolved. Harris said we will take this under advisement and see what the remaining issues are. Mr. Sandvick requested that he receive a letter regarding the situation. Paul Olson, 8899 Flyway Circle, expressed concern about the proposal before the Planning Commission for the 788 unit townhouse project at Hwy. 169 and Anderson Lakes Parkway. He was concerned about the size and density of the project and its potential impact on Staring lake Park. He was also concerned about the safety of the nearby school students with 2000 residents added to that.comer, that there were no recreation facilities included in the proposal, and the strain on local roads and highways caused by the high traffic in the area. Harris suggested he put his concerns in writing to make sure they are addressed. CITY COUNCIL MINUTES April2, 1996 Page 2 M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MARCH 12, 1996 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, March 12, 1996. Motion carried unanimously. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 19, 1996 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, March 19, 1996. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ARBOR DAY PROCLAMATION C. RFSOLLITION 96-57 AWARDING CONTRACT FOR 1996 STREET NAME SIGNS, I.C. 96-5407 D. APPROVAL OF AGREEMENT FOR LEGAL SERVICES REGARDING THE PIPER JAFFRAY GOVERNMENT INVESTMENT FUND MOTION: Case moved, seconded by Tyra-Lukens, to approve items A-D of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGSIMEETPUGS VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS A. ORDINANCE AMENDING CITY CODE CHAPTER 4, SECTION 4.22; RELATING TO THE DAYS AND HOURS OF BEER SALES Jullie said this Ordinance change has been requested by Mr. Bert Notermann, the operator of Lion's Tap. Mr. Notermann pointed out an apparent oversight in the present City Code provisions which allow liquor and strong beer sales on Sundays beginning at 10:00 AM, but the sale of 3.2 beer cannot begin until 12 Noon on CITY COUNCIL AMN UTES April2, 1996 Page 3 Sundays. The proposed Ordinance change will allow all beer and liquor sales to begin at 10:00 AM on Sundays. MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the Ordinance amending City Code Chapter 4 by amending Section 4.22 relating to the days and hours of beer sales. Motion carried unanimously. VM. PETITIONS, REQMTS AND COMMUNICATIONS A. REQUEST FOR KENNEL LICENSE FROM L.OWELL LUNDSTROM Jullie said Mr. Lundstrom has requested a private kennel license pursuant to Section 5.6 of the City Code. All neighbors within 200 feet of the site were . notified of this request and advised of the Council's consideration on Tuesday evening. He reviewed the Staff Report of March 29, 1996, from Lieutenant John Conley. Harris asked if the license would be for four dogs. Jullie said that is correct. Deb Hoeve, 7775 Carnelian Lane, presented a drawing of the houses in the neighborhood showing that the Lundstrom's backyard is not concealed from the neighbors. She asked that the license be denied because of the issue of safety for pedestrians who must walk in the street in order to avoid walking on the sidewalk next to the dogs and because the backyard is not concealed from the neighbors. Harris asked if the dog house is close to the fence. Ms Hoeve said the dog house is quite close. Roger Bennett, 7735 Carnelian Lane, objected to the license for the same reasons. He has two young children who refuse to use the sidewalk because they are intimidated by the dogs. He said they will experience a reduction in property values because of this situation. Jim Butler, 7765 Carnelian Lane, said he disagreed that this is an allowable use. The fence was put up three years ago when the property was used as a day care. He said the owner moved the fence out to the sidewalk last summer. Mark Hoeve, 7775 Carnelian, was concerned that this is a residential family neighborhood and there is a line between family pets and a neighborhood nuisance. Tyra-Lukens asked if the ordinance for non-commercial kennels specifies a certain amount of square footage. Lieutenant Conley said the ordinance used to require one acre of land but that was changed. He said they have examined the property and feel it would be appropriate to issue the license. Case asked what conditions would cause a homeowner to be turned down for the CITY COUNCIL MINUTES April 2, 1996 Page 4 kennel license. Conley said that would occur if the owner was not responsive to City requests. He said Mr. Lundstrom has been very responsive to our requests and noted that the license could be revoked if violations occur. Case asked whether someone who wanted 3-5 dogs and met the conditions for issuing a license would be granted a license. Conley said they would Harris questioned the location of the kennel area. Conley described the location of the kennel in the Lundstrom's backyard. Tyra-Lukens suggested that the issue of the dogs jumping up on the dog house might be resolved if the structure were moved to the opposite side. Case was concerned with the intimidation part of the situation, and he thought it could be remedied by moving the kennel. Harris noted the license would only be good for one year and would expire on December 31, 1996. Lowell Lundstrom, 7762 Carnelian, said no one called or wrote to him about the matter until March 15th. He has put no-bark collars on two of the dogs and would be willing to relocate the kennel. He offered to work with his neighbors. MOTION: Tyra-Lukens moved, seconded by Case, to approve the private kennel license allowing the keeping of four dogs at the Lowell Lundstrom property at 7762 Carnelian Lane with the condition that the kennel be moved to the opposite side so that it is away from the sidewalk. Deb Hoeve said she was not sure that it will comply with subdivision 19 on dog enclosures. Jullie said they looked at the situation as the whole backyard being the kennel; but if a kennel enclosure is created, then the ten foot requirements would come into play. Deb Hoeve said she was still concerned about the noise nuisance factor. Tyra- Lukens suggested that Ms Hoeve report any incidents to the Police so that there is some documentation on this. VOTE ON THE MOTION: Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS, RECREATION & NATURAL RESOURCES COMMI ION-Park Dedication Law Lambert reviewed the Staff Report of April 2, 1996, and said the Parks, Recreation & Natural Resources Commission recommends that the City Council request the City Attorney's office to draft a revision to State Law that would eliminate a "loop CITY COUNCIL MINUTES April2, 1996 Page 5 hole" which precludes the City from charging cash park fees to commercial properties which are subdivided into parcels larger than five acres. Such properties are also exempt from local subdivision regulations. This situation results in a substantial loss to the City's park development fund, which provides financing for much needed park development and redevelopment throughout the City. MOTION: Case moved, seconded by Tyra-Lukens, to refer this to Staff with direction to pursue a revision of State Statutes which would remove the exemption of parcels of land of five acres or larger for commercial and industrial development from local subdivision regulations and park fees. Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF CGUNCEIMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. STS (Sentence to Serve) CONTRACT (Resolution 96-58) Dietz reviewed the Staff report of April 2, 1996, that requested the Council approve a contract with the State of Minnesota for the Sentence to Service (STS)program in Eden Prairie, and authorize the City Manager to execute the contract. We have had the opportunity to test this program on a limited basis here in Eden Prairie, and the results have been very satisfactory. The program successfully operates in other cities and also Hennepin Parks and the State Parks system. Both management and labor staff endorse this project and urge Council approval. Case asked how much experience we have had with the program. Bob Hunter, STS Supervisor, said they did a retaining wall at Eden Lake Elementary last summer, and have done a few other projects since that time. They have been bringing out 6-7 people per day. Harris asked how long they have been in Bloomington. Hunter said they started in 1992 or 1993. They have six STS crews in Hennepin County. Case asked if there is a minimum and maximum amount for the contract. CITY COUNCIL MINUTES April2, 1996 Page 6 Dietz said we have guaranteed two days per week; however, we have had crews almost full time. Case asked if we will owe more for the work. Hunter said the amount is guaranteed through June 30, 1997. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 96-58, authorizing approval of the Sentence to Serve program. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADTOURNMENT MOTION: Tyra-Lukens moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 9:20 p.m.