City Council - 09/24/1974 MINUTES
E.DEN PRAIRIE CITY COUNCIL
( Tuesday, September 24, 1974 7 :30 PMv City Hall
COUNCIL ME-tt,TBERS: Mayor David W. Osterholt, John i'-lcCulloch
Joan Meyers, Cyolfgang Penzel and Sidney
Pauly.
COUNCIL STAFF: City Tanager Robert Heinrich, City
Attorney Harlan Perbix, City Engineer
Carl Jullie, Planner Dick Putnam,
Director of Community Services Marty
Jessen, Clerk-Finance Director John
Frane.
Invocation was given by Father L•ubanski, St. Hubert Is Catholic '
Church, Chanhassen.
Pledge of Allegiance.
Roll Call.
I. MINJUTES
A. Minutes of the Regular meeting held September 3, 1974..
/ (not considered)
B. Minutes of the Regular meeting held September 10, 1974.
and continued to September 11 .
(not considered)
City Manager Robert Heinrich read his letter of resignation
effective January 3. 1975 . Mayor Osterholt spoke on behalf of
the Council members, expressing appreciation for his services
and wishing him success in his new position with World Vision '
International .
II . PUBLIC HEARINGS :
A. Horse Ordinance No . 266. Consideration of an ordinance
relating to the regulation and keeping of horses, colts,.
and ponies within the City.
City Manager Heinrich reviewed the ordinance which has
been drafted in answer to concerns which have code to
the office. He said he hopes the ordinance will satisfy
the needs of both horse owners and those who are not.
Pauly cited figures that showed only 27 of approximately
600 horses have run loose in the City during thepast y
year. She added that related Minnesota Statutes are
already in effect and that it is a matter of enforcenent,
not new laws.
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( A. ( continued)
Penzei ans:•rered that the percentage of horses involved
is too high and the co_anaunity needs this tool for control.
4J,
Hackir_a, Public Safety, related there were 5 serious
accidents last year that resulted from horses running
VJ loose on the highways . He said there is a need for
better fencing to avo-id these accidents.
o Meyers agreed that the Uinnesota Statutes related to trespassing
•*i horses and their ocmers and added that the City ordinance
3 related to regulation and keeping of horses, with the
.H specifications for stabling, licensing, and acreage
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requirements. These are not found in Minnesota Statutes.
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$4 Penzel added that the advantage of the ordinance over
state laws is the immediate effectiveness in enforcement.
c�
Perbix reminded the Council members that posting of signs
b would be necessary for enforcement of the ordinance.
Roger Pauly stated that the Horseman' s Group is concerned
about the problem but felt that if they wanted the horse
ordinance they should be here to speak for it. He said
the damages caused by horses running loose could be
._ controlled by enforcement of the state laws. He opposes
the ordinance as presented and favors self government by
the horse owners.
Motion by McCulloch, seconded by Meyers, to deny the adoption
of the ordinanc:s, and close the hearing. Motion
carried unanimously.
B. Prairie Lavin & Garden, by Stanley Riegert. Request for
rezoning From Rural fo Commercial for the purpose of
constructing a Lai-in & Garden Store. The property is
located across Highway 5 from the Stewart Sandwich Co.
Mayor Osterholt asked about access to the property.
Mr. Riegert said the property has an existing driveway,
that there is proposed access to tgate Blvd, that 75% of
his business is pick-up and delivery service.
Perbix said he sees no problem with access to the property_
Pauly spoke in favor of the request, saying the property
needs rezoning, there is commercial use adjoininS • it..
and the place for this type of business is not in the
Major Center Area.
Meyers said the request is contrary to the :intent of the Guide
tan for this area of Hig..way 5 and should not be considered
separately, and to the requests for traffic safety improve-
nent- from businesses and neighborhoods along highway 5.
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1I . PUBLIC !.EA ?II,Ii.�rS:
B. ( continued )
t said the
PJ:a.yor Osterhol type of business he has in mind
is distinct in that no traffic problems are created and r
that it is a. good proposal and good opportunity for this
particular area.
McCulloch asked if the Council could refuse other
developement along Highway 5 if this request is approved.
Perbix advised the Council to mentally assess the rest of
the tract, looking to consistency in zoning.
Mayor Osterholt agreed that it would be proper to take
action on the whole parcel . '
Motion by Pauly, seconded by McCulloch, to continue the
hearing to the October 22 meeting and that the Council
direct the staff to select a consulting service to resolve
the problems of the PS district in the 4 & 5 ir_tersection area
;.ving Priori �y to ?vim _ �ti zdr� and report to the Council
dt the October 1 meeting. o .on carried unanimously.
C. Request from the Preserve, requesting land division which
would permit a church chuich to build in a rural district without
rezoning. The site is a 3, 4 acre site south of County
Road l and west of Homeward Hills Road.
Mr. Perbix reviewed his memo dated September 18 that
indicates a request for rezoning would be in order.
Putnam stated that all other existing churches are zoned
Public and that this one should be the same.
McCulloch asked that the procedure followed in other cases
be used here.
Motion by Meyers, seconded by McCulloch, to deny the
request for land division on the basis of recommendations
made by the Planning Commission and City Attorney and on the
basis 4hat the site does not meet the 5 acre requirement for
this land use. Motion carried unanimously.
D. Smetana Lake Sector Plan. Presentation of various plans
for developement in the Lake Smetana Sector„ located north s.
of 494, east of 212-169 and west of County Road 18. } '
Pauly asked for tight restrictions on traffic to limit
problems.
Putnam explained the land use and transportation impact
chart which showed low figures for industrial/warehouse
and single family residential use in areas No. 6 & S.
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PUBLIC HL�iRII!T -
D• (continued)
Pauly suggested the Proposed Resolution Ida. `owzng modifications #'or the
900: '
P- � i
"oe 2: Delete points
Point 4: delete `1 3.
Point 5 : delete alP-rint ng'" and insert ►►
lag"' 3: Point 2 Mould •.,ead: last sentence. asse�mblingrT.
city Council regarding study and report to tie
trans or„P ation g specific traffic and
must oe policies and requirements which
Lake Smetana Sector,
into
Sector, all rezoning for the
Policies would be to The Objectives of these
volume and strict. provide a level of
the Sector Y limit traffic in safe
Add : Until rrora ' access is and out of '
Point ¢. To than available. {
and 8 to single family
tiie land use of Areas 6
amily residential.Larry Griffith }
saying it disregardseallteffortsleu objected to Point 4
t-
It was a put
t into the studies.
-resolution.agreed that Point 4 Would not be
added to the �
I'fotion by Pauly, seconded b p
No , 900 with them Y enzel
Pleyers voted modifications. Pat.' to approve Resolution
Motion b �► aye, Osternol t vote 1„va Pensel r,T
Y Meyers, seconded b s ..cCu Lloti^ and
reading of Ordinance 3� Pen2ely�to ,lot, *
reading car
Plan and Ordinance 273 to amend the Comppprov i theft .
, approve the first
Plan. 135 ij i th the
B=otion carried j Smetana Guide
unanimously. Fake COr"Posite
E• Setback
discussion of �requirements in proposed
Ordinance No. '35amendment to the setback
(not considered) ' R.r
P• Bruce Hubbard
s , Mini-Story
north erine p an xor e PrOnOsal, along with Bruce r °'
-Pa �, , -
of Flying Cloud Drive the project
Request fo_r rezonin in the is located
I"2 Parlc for construction ofgiW1 Smetana bake Sector. r
Y/Commerc ial and
space and do.g kennel. ndividual storage Rural to
g warehouse
j'rotion by Penze1
first readin7 ,seconded by McCulloch, to r A '
from Hi tetra Tb of Ordinance R'o approve the
rcuuestgtheSstaffeto"' and Rural Ito el��Ing the property
carried unanimously. draft a rezonin Park. and to f
g �`�greement. MrOtion �., i
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III . REP011TS OF OFFICERS , BC..RDL C0!-' !SSIO' S: a
y
A. Report of Councilwoman I-'L2y.:rs:
Discussion of i•i?jor Can ter me a Report
s
(riot; considered)
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B. Report of Director of Co_a.-nunity Services:
1 . Flood Plain Ordinance.
Motion by Penzel, seconded by Pauly, to set the date
for public hearing for November 5, 1974. Motion
carried unanimously.
2. Report on activity in trying to secure an option for
purchase of property owned by Lorman Jarrett.
(not considered)
3. Reconmendation for 1975 LniXON Program.
. (not considered)
4. Review of Eleanor holasek Land Purchase at Anderson
Lakes.
Motion by Penzel, seconded by Meyers, to approve the
contract as per the letter from the attorney dated
September 19. On roll call, all votes were aye.
Motion carried unanimously.
5. Consideration of Final Purchase Agreement and Barrier
Design with The Preserve.
Segment "C" of the Purchase Agreement was discussed.
r rer.3 squ&ge` ted th t3rd 11,nayit be substituted for the words "Will'
-: i "sh^ll'° , and the phrase "while protecting the integrity of Anderson
Wildlife ?ark and the p�irpose of the scenic easezient" after Seg=:ent
Perbix questioned the clause on assessment.
Motion by Penzel, seconded , by McCulloch, that the
attorney and staff be directed to work out the
discrepancies and continue to the October 1 meeting..
Motion carried unanimously.
6 . Consideration of Contract with the Metropolitan
Council for Farb grant to acquire property at
Anderson Lakes.
l� (not considered)
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III . RFPC�;�i3 OF OPFICERS , BQt1RDS ''.ND COV24ISSIOITS:
B. Report of Director of Community Services:
7. Recommendation of Parrs and Recreation Commission to
hire a recorder to take minutes at Commission meetings.
Motion by Penzel , seconded by Meyers, that the Park
and Recreation Commission be authorized to hire a
part time steno-clerk for the purpose cf takirg, :ri�zittAs
its T,eoti n s. Motion carried unanimously.
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C. Repo-^t of City Engineer:
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1 . Discussion of special assessment policies for sanitary
sewer, watermain, storm sewer and street improvements.
(not considered)
2. Consider Resolution No.886 establishing assessment
policies for the Major Center Area Ring Road Project
STR 72-9-26 and voiding Resolution No. 738.
(not considered)
3 . Consider approval of the final plat of St. John' s
Wood third addition, a 12-unit townhouse plat located. .
west of Baker Road and south of County Road 67.
Lotion by Penzel, seconded by McCulloch, to adopt
Resolution No . 901 approving the final plat of. St.
John ' s 'Food third addition. Motion carried unanimously.
4. Consider acceptance of storm sewer and street paving
on St. John' s Drive, west of Baker Road in. St . John' s
first addition.
Jullie announced that the street has been in satis-
factory service for one year.
Motion by McCulloch, seconded by Penzel, to accept
ownership and continuous maintenance of the storm
sewer and street paving within the platted right-of-
way of St . John ' s Drive in St. John ' s Wood 1st addition
as recommended by the City Engineer. Motion carried
unanimously.
5 . Consider approval of a Registered Land Survey for
property located at 18600 Duck Lake Trail.
Motion by Penzel, seconded. by Pauly, to approve the
Registered Land Survey of the property at 18600 Duck
Lake Trail, Parcel 4217, Section 6-116-22 as per the
Engineer ' s memo dated 9/20/74 and subject to obtaining
a deedY of Trapt B. Notion carried unanimously.
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IZT. REPORTS OIL OFFICERS, BOARDS A11D C01U'AISSIONS:
C. Report of City Engineer:
6. Consider
s der acceptance of sanitary sewer. , storm . sewer and
watermain together with street surfacing and concrete
curb and gutter within the Northmark _addition in The
Preserve.
I-lotion by Penzel, seconded by Pauly, to accept owner-
ship and continuous maintenance of the sanitary sewer, s
storm sewer and watermain together with street surfac-
ing and concrete curb and gutter on Lanewood Circles
in Northmark first addition as recommended by the City
Engineer and subject to a one year warranty of all
Materials and workmanship commencing September, 24., 1974.
Motion carried unanimously.
7. Continued discussion on Projects &0 73-1-21 , SAN
73-7-219 WTR 73-8-21 and TTTR 73-2-21 concerning
Chanhassen' s participation in the sanitary sewer
Project.
Motion by McCulloch, seconded by Meyers, that this
discussion be continued to the October 8 meeting..
Motion carried unanimously.
D. Report of the City Attorney:
1 . Mutual hid agreement for fire service within the
southwest area.
Motion by Penzel, seconded by Meyers, to approve the
Mutual Aid Agreement of the Southwest Mutual Aid
Association. ^lrotion carried unanimously.
2. Planned Study Districts.
Motion by Penzel , seconded by Meyers, that the Council
request the Planning Commission to initiate a study of
the Planned Study districts and see if the zones are
appropriate or if rezoning is necessary. Motion
carried unanimously.
3. Lot division in Rural areas without granting rezonings
for non-permitted uses, i . e. churches.
(not considered) (covered under II C)
E. Report of City Manager:
1 . Discussion of Eder_ Prairie coverage by Sun Newspaper.
(not considered)
r 2. Employee request for salary adjustment.
(not considered)
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II1. REPORTS OF OFFICERS , BOARDS "-ND COMMISSIONS:
It E. Report of City Manager:
P Y �
3 . Discussion of Southwestern Legal Seminar.
(Not considered)
4. Traffic count on Kingston Drive as requested by
Council on 9/10/74.
;Meyers asked that the count be extended to Holly and
Barer Road.
F. Report of Finance Director:
1 . Clerk ' s License List.
?Motion by Penzel, seconded by McCulloch, that the
License Application List be approved. bTotion carried
unanimously,
2. Payment of Claims Nos. 4963 - 5083.
(not considered)
„. 3. Cash and Investment Report.
Motion by Penzel, seconded by i•ieyers, to approve the
Financial Report. Motion carried unanimously.
IV. ORDINANCES AND RESOLUTIONS :
tea. Second reading of Ordinance No. 272 repealing Ordinance
No. 203 which granted zoning for Eden Farms PUD 73-01 .
Motion by McCulloch, seconded by Pauly, to approve '
the second reading of Ordinance No. 272. F,Iotion carried
unanimously.
Motion by Penzel, seconded by Meyers, that the Council continue
this meeting to Saturday, September 27, at 9 :00. Motion carried '
unanimously.
V. NEW BUSItiESS:
Mayor Osterholt a^'_•e d that the matter of Council members
serving on Commissions would appear on the agenda for the
Octcber 8 meeting.
VI. ADJOURINMENT:
Motion by Meyers, seconded by McCulloch, to , adjourn this
meeting. Motion carried unanimously.
The meeting adjourned at 1 :00 AM.
Ruth. Lee, Deputy Clerk