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City Council - 05/11/1976 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , MAY 11 , 1976 7:30 PM, CITY HALL Y 2 COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce i Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perb£x City Engineer Carl jullie Director of Community Services Marty Jessen City Planner Dick Putnam Finance Director John Frane Jayne Provo, Recording Secretary 4 INVOCATION - Mayor Wolfgang Penzel ROLL CALL: Meyers , Pauly, Penzel and Pierce present, Bye absent. I. APPROkIAL OF AGENDA AND OTHER ITEThS OF BUSINESS The following items were requested to be added to the Council agenda under the "Ne�v Business " category: A. American Read Cross Resolution. i B. Discussion on article about reevaluation and taxes . C. South I-Tennenin Huinan Services Council recluest for partitions . i i D. Reouest frorn Don Peterson to consider setting a Public Bearing for E. Communication from Al Hilde , Jr. , Mayor of Plymouth . NOTION: Meyers moved , seconded by Pierce , to approve the agenda with the inclusion of the five afore mentioned items . Motion carried unanimously. IT. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, APRIL 27 , 1976 . Pg. 3 , 2nd para . , lst line , strike "requested" and insert "inquired"; 4th para . , line 6 , strike "Shoreline" and "Association" and insert in lieu thereof "Shoreland" and "Act" ; 5th para . , 3rd line , strike "pennisula" and insert "proj ect" . Council Minutes - 2 - Tuesday, May 11 , 1576 e II . _MINUTFS OF THE REGULAR COUNCIL MEETING HELD TUESDAY, AP IL 27 , 1976 ( Continued \ d Pg . 4 , 1st para. , last line , after "family" insert "on the pennisula Pg . 5 , para . 6 , Ist line , strike "calls" and insert "reports". f Pg . 7 , 2nd para. , 2nd line , strike "update" and insert "update" . Pg . 8 , pa ra . 5 , 2nd line, strike "Parking Lot rezoning to Office" and insert in lieu thereof "request for rezoning to Office for parking lot" . MOTION: Pauly moved , seconded by Pierce, to approve the City Council minutes of May 11 , 1976 as published and corrected. Motion carried unanimously. III. PU RLIC II FARING A. Gelco Nezoningt_request to rezone approximately 9 acres from I-5 Park & Public to Office for the construction of a parking lot . The site is located west of the Gelco Office Building within Area A of The Preserve Commercial Plan . City Manager Ulstad explained that an affidavit is on file and all affected property owners have been notified . Ulstad further stated that if a 1st C reading Is approved , then the Council could ask the proponent to submit any information the Council may he Interested in . Gelco is in need of additional parking somewhere . They have gone out and purchased over and above what is to be used for parking facilities for future building. Mr. Dnorson Greenberg , Gelco Corporation, appeared before the Council, and outlined Gelco's proposal noting their request is for approval of zoning , which is the same as the PUD on the present site. Gelco is inconclusive as to what will be done in the future . Norm Rogers , representing Mrs . Durheim (owner of 1 of the 2 single family homes adjacent to the site) , and Mr. Connolly,(owner of the other single family lot), expressed their concerns regarding their specific lots . MOTION: Pauly moved, seconded by Meyers, to close the Public Hearing and give a 1st reading to Ordinance No. 331 , approving the rezoning request for Gelco to rezone approximately 9 acres from I-5 Park & Public to Office for the construction of a parking lot according to the document submitted by Parker Klein Associates in the Certificate of Survey , recommendations of the Staff Report dated April 22 , 1976, and recommendations of the Planntng Commission dated April 26 , 1976. Motion carried unanimously. C Council Minutes - 3 - Tuesday, May 11, 1976 A. Gelco Rezoning , request to rezone approximately 9 acres from I-5 Park & Public to Office for the construction of a narking lot . (continued) s MOTION: Meyers moved', seconded by Pierce , that prior to the 2nd reading of Ordinance No. 331 the City Attorney draft a rezoning agreement to include recommendations that the 1973 PUD 73-10 be revised to include this additional parcel, that Area A scenic easement be dedicated to the City as public park land , any additional parking expansion or building requests will come before the City Advisory Commissions and Council for approval before building permits are issued, all temporary construction meet approval of the Watershed District, that a developers agreement will be required in conjunction with future building and/or parking expansion before building pem. its are issued , and _Gelco provide adequate screening to the existing properties . Motion carried 4 unanimously. Mr. Greenberg, requested that Gelco be able to do something with their grading as soon as possible . a MOTION: Pierce moved , seconded by Pauly , to allow Gelco to start preliminary grading work on the temporary parking lot as long as the DeveIoper's Agreement has been signed to the satisfaction of the City Attorney. Motion carried unanimously. IV. ORDINANCES_&_RESOLUTIONS i A. 2nd Readincq of Ordinance No. 327 reoeali.ng Ordinance No. 29, granting q temporary 3 . 2 beer license_ City Attorney Perbix spoke to Ordinance No. 327 and answered questions of Council rnernbers . MOTION: Pierce moved , seconded by Meyers , to adopt the 2nd reading of Ordinance No. 327, repealing Ordinance No. 29, granting temporary . 3 . 2 beer license . Motion carried unanimously. B. lst_Reading of Ordinance No. 329 , amending'Ordinance No. 280 ,_establishing utility rates . Finance Director John F'rane outlined his memo dated April 6 , and spoke to Ordinance No. 329. MOTION: Pauly moved, seconded by Pierce , to give a 1st reading to Ordinance No. 329 , amending Ordinance No. 280, establishing utility rates. Further that notice be published in the newspaper and direct staff to research freezing rates for senior citizens. Motion carried unanimously. Council Minutes - 4 - Tuesday, May 11, 1976 i C. 1st Reading_of Ordinance No . 330 , regulating consumption and p display of intoxicating liquor in c' stain r:m fses_ servinc�of set- ups,and imposing additional fees for state pen-nit under RASA 340 . 119 . MOTION: Pierce moved, seconded by Meyers , to give a 1st reading to Ordinance No. 330 , regulating consumption and display of intoxicating liquor in certain premises , serving of setups, and imposing additional fees for state permit under MSA 340 . 119. Motion carried unanimously. V. REPORTS OF OFFICERS , BOARDS & COMMISSIONS A. Reports by Council members . Councilwoman Pauly reported on discussion of the Sign Ordinance at the Planning Commission meeting held Monday, May 10 , 1976. MOTION: Pierce moved , seconded by Meyers , to instruct the Planning Commission to establish a task force to consider the variance procedures and special circumstances as to large single site parcels of land that are non-PU D. Further direct the staff to contact the following to serve as members of this task force, with confirmation by the Planning Commission: (1) David Osterholt, citizen member; (2) 1 Planning Commission member; (3) 1 Board of Appeals & Adjustments member; (4) 1 Chamber of Commerce member; and (5) 1 City Staff member. Motion carried unanimously. i B. Report of Director of Community Services ! 1 . Cash Park Fee Policy _- Final Recommendation 1 Director of Community Services Jessen spoke to his memo dated May 7 , 1976 and answered questions of Council members. MOTION: Pierce moved , seconded by Meyers , to receive: memo from Marty lessen, Director of Community Services , dated May 7, 1976, and refer matter to the City Attorney. Further that this item be continued to the May 25th Council meeting. Motion carried unanimously. € i 2 . Communication from Parks Recreation & Natural Resources Commission for definition of re _� Y s onsibilit for Homeownei's Associations . � MOTION: Pierce moved, seconded by Meyers , to receive the memo from Marty lessen dated May 7 , 1976 . Motion carried unanimously. f AC 17 Council Minutes - S - Tuesday, May 11 , 1976 i 3 . _Eden Prairie Historical and Cultural Center. Director of Community Services jessen spoke to his memo dated May 7, 1976. Carol Hone , Chairperson for the Bicentennial Committee, stated the Bicentennial Committee would like to declare the establishment of the Eden Prairie Historical and Cultural Center as the permanent project in commemoration of the Bicentennial event. Councilman Pierce directed staff to verify that the Eden Prairie Historical Society is incorporated_ It was the c.urisensus of the Council that the letter of understanding should include a statement to the effect that no major remodeling be done to change the Viska/Brown building from a residence . MOTION: Meyers moved , seconded by Pauly, to adopt Resoiution No . 1140, designating the Eden Prairie Historical and Cultural Center as the official Bicentennial project for the City of Eden Prairie. Motion carried unanimously. M.OTION: Meyers moved , seconded by Pierce , that the Viska/Brown I� house be provided as the location for the Eden Prairie Historical and Cultural Center on a temporary basis , and that the staff direct a letter of agreement to he executed with the Eden Prairie Historical Society agreeing to the conditions and use of the building as outlined in memo of May 7 , 1976 from Marty lessen and as discussed by Council. Motion carried unanimously. 4 . Chemical Waste Disposal Site General discussion took place among Council members pertaining to reasons why Eden Prairie is an unsuitable location for a Chemical Waste Disposal Site. MOTION: Meyers moved , seconded by Pierce , to direct staff to draft a resolution delineating reasons why Eden Prairie is unsuitable for a Chemical Waste Disposal Site. Motion carried unanimously. S . Boat regulations on Staring Lake Director of Cc�i-ltmunity Services jessen spoke to his memo dated May 7, 1976, and answered questions of Council members . C UUIJCil S . Boat regulations on Staring Lake (continued) MOTION: Meyers moved , seconded by Pierce , to direct staff to request the Department of Natural Resources to restrict the motor size to 20 horsepower or less on Staring Lake based on the Environmental and Water reports of the Purgatory Creek Study. Motion carried unanimously. C. Report of City Engineer 1 . Consider bids for street paving on Eden Court and School Road , I.C. 51-286. City 1\1anager UIstad reviewed bids received and recommended that the bid be awarded to Riegger Roadways, Inc. , and Lundin Construction Co. , a joint venture , in the amount of $44 , 981 . 85. MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No . 1135 awarding the bid to Riegger Roadways , Inc. and Lundin Construction Co. , a joint venture , in the amount of $44 , 981 . 85 for I. C. 51-286 , School Road and Eden Court. Motion carried i unanimously. 1 r 2 . Pinal plat a oroval for Maple Leaf Acres City Engineer fullie spoke to his inerno dated May 6 , 1976 and outlined Resolution 'No. 1136 . F Mayor Pen zcl noted that grading did occur on this project prior � to any grading permit b-eing rer-eivcd from the City. t City Manager Ulstad stated that grading did occur prior to a grading permit being issued because of a series of misunderstandings . However, Mlr. Irvine will have to obtain a permit from the Engineering Department before any future grading. MOTION: Pauly moved, seconded by Pierce, to approve Resolution No . 1136 , approving final plat of Maple Leaf Acres. Motion carried unanimously. 3 . Receive eti_tion for utility and street improvements on Heritage Road. —_— — - City Engineer fullie requested the Council receive the petition and i order preparation of a feasibility report on I. C. 51-290. James Hoag, 7660 Heritage , presented a petition signed by residents on Heritage Road in opposition to Resolution No. 1137. (Petition attached as part of minutes) . a 3 . _Receive petition for utility and street improvements on Heritage Road (Continued) a MOTION: Meyers moved , seconded by Pierce, to adopt Resolution No. 1137 , receiving petition and order preparation of a feasibility Y report for I. C. 51-290, direct staff to investigate alternate means j of serving just the Eliason petitioned lots, and also to investigate a design that would allow the least northerly extension of the laterals on Heritage Road . Meyers , Pierce and Penzel voted "aye" , Pauly voted "nay" . Motion carried. (Pauly voted "nay" because of relunctancy to order project tn) . I MOTION: Pauly moved, seconded by Pierce , that staff be directed to proceed with the feasibility report only if the developer agrees to pay forthe report. Pauly, Pierce , Penzel voted "aye" , Meyers voted "nay" . Motion carried. 4 . Receiv_e feasibility report for street improvements on Preserve Boulevard from E-W Parkway to Schooner Boulevard . City Engineer Jullie outlined the feasibility report dated May, 1976 , prepared by Suburban Engineering and requested the Council seta public hearing date for this project of June 1 , 1976 . Ceneral concern was expressed by Council members regarding the bikeway. Robert Silverman, attorney representing D. V. Anderson and Nancy Holmes , e),plained that he has not had any meaningful conversation with The Preserve as to property his clients own which would be subject to the special assessments of this improvement. Mr. Re1terath , 9011 Highpoi.nt Drive, expressed his concern regarding the safety of youngsters going to the Eden Prairie Center from The Preserve. John Bernan, 8705 Bentwood Drive , stated that the road from The Preserve to the Eden Prairie Center is the dustiest and worst road possible. JV10TION: h4eyers moved , seconded by Pierce, to adopt Resolution No . 1138 , receiving the feasibility report and calling for a Public i Hearing for June 1 , 1976 on I. C. 51-282 , direct the staff to secure i a letter of intent of right-of-way dedication from The Preserve and �. Fden Lard Corporation, request the Preserve to report on the negotiations f' with Robert Silverman pertaining to land owned by his clients D. V . Anderson and Nancy Ilolmes , and instruct staff to secure an estimate for a trail. Meyers , Pierce and Penzel voted "aye" , Pauly. voted "nay" . Motion carried, City Manager Ulstad offered to meet with The Preserve and Mr. Silverman to hopefully come to a conclusion on the D. V. Anderson and Nancy Holmes property. MOTION: Pauly moved, seconded by Pierce , to continue on with the Council meeting past 11 :00 PM . Motion carried unanimously. �. ."0 Council Minutes - 8 - Tuesday, May 11 , 1976 D. Report of City_Manager 1 . Request for authorization to appropriate up to $1 , 500 for const,,itinq services for interceptor sewer system. City h4ariager Ulstad spoke to this request, noting that Loth Osterholt and Paul Redpath would be requested to review and provide any background information relating to the interceptor sewer. MOTION: Meyers moved , seconded by Pierce , to authorize staff to expend up to $1, 500 . 00 for consulting services with 6 SchoE11 and N,adson, Inc . , to be taken from the utility funds for the; purpose of developing a position regarding the City's lia):3ility in connection with the metropolitan interceptor r sewer . Motion carried unanimously. E. Rr port of Pirr_lnce Director 1 . Clerk's License List. a MOTION: Pauly moved, seconded by Meyers, to approve the d Clerk' s License List dated May 11, 1976 . Motion carried una nin-jously. 2 . Payment of Claims_Nos . 1308 A1.431. MOTION: Pic-rce moved, seconded by Meyers , to approve Payment of Claims h7os . 1308 - 1431 . )•loll Call Vote: Pierce, Meyers , Pauly and P-enzel voted "aye" . Motion carried unanirrlously. I VI , PCFFF10NS , i;1-',n1) f S'FS & COMMUNICATIONS _ t A. Communication from Laura. Lee Geraghty �Direcr,_Gov Governor's � _ __ Office of Volunteer Ser_v_iccs (dated May 4 , 1976) . 1 ; Mayor Penzei spoke to the communication received from Laura Lee I Geraghty, .Director, Governor's Office of Volunteer Services , whereby Governor Anderson has set aside a special "Volunteer Recognition Week" . General diScr_►ssion took place concerning a way in which the City of Eden Prairie can give proper recognition to the City's volunteers. i k VII. NMI T B,USINCSS A. American Red Cross Resolution Councilwoman Meyers spoke to communication received from Sharon Meyer, Community Programs Director, American Red Cross (dated 5/7/76) , requesting support from Eden Prairie for the Red Cross V olunteer Transportation Service. 14r? Uuunull 1".111jules - 9 - Tuesday, May 11 , 1976 A. American Red Cross Resolution (continued) i I MOTION: Pierce moved , seconded by Meyers , to adopt Resolution No . 1139 , supporting Red Cross Volunteer Transportation Service. Motion carried unanimously. i B. Discussion on article about reevaluation and taxes . Councilwoman Meyers requested City Assessor Martz prepare an article to be published in the paper before the Board of Review meets on May 27, explaining why the 1976 values on the cards received by residents are so much greater than the 1975 values, j C . South_I-Ienncoin Ilurnan Services Council recruest for partitions . Councilman Pierce requested the Council authorize an expenditure_ of $525 . 00 far South Hennepin human Services Council to purchase 1 partitions from Rosemount Engineering. The City would retain ownership of these partitions . MOTION: Pierce moved, seconded by Pauly, to authorize an expenditure of $525 . 00 from the contingency fund for the South Hennepin Human Services Council to purchase partitions from Rosemount Engineering. � Pierce voted "aye" , Pauly, Meyers and Penzel voted "nay" . Motion failed. s Councilwoman Meyers explained that she would profer services he provided to p^ople rather than for partitions . D. Reauest from Don Peterson to consider settina a Public ITearing for U rie 1 1976 , MOTION: Meyers moved , seconded by Pierce , to set a Public Hearing June 1, 1976 for the Pctcrson/Gj e:rsvik property south of Mariann Drive and East of Forest Hill Road, Motion carried unanimously. E. CommUnicat;on from Al Hildle , Tr. , Mayor of Plymouth (datp_d Mary 6_. 1976) . 7,.9ayor Pcnzel spoke to communication from Al Hilde, Jr. , Mayor of Plymouth, requesting t apresentation from the City of Eden Prairie at the annual meeting of the Association of Metropolitan IVunicipalities on h;ay 19 , 1976. Council members requested City Manager Ulstad attend as the City of Eden Prairie's representative at this meeting. VIII,ADTOURNMENT MOTION: Pierce moved , seconded by Meyers, to adjourn the meeting at 12:20 AM . Motion carried unanimously.