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City Council - 05/25/1976 x APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 25 , 1976 7:30 PM, CITY HALL z COUNCIL MEMBERS: Mayor Wolfgang Penzel ' Billy Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Director of Community Services Marty Jessen Sargeant Keith Wall Joyce Provo, Recording Secretary INVOCATION: Sargeant Keith Wall ROLL CALL: All members present. (Bye arrived at meeting at 7:40 PM , Pauly excused from meeting at 11:45 PM) I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the Council agenda under the "New Business" category: A. Discussion of Motorqycle Ordinance. B. Resolution reciardinS traffic hazards on Hiqhway #S and also Highway C. Reg jest from The Preserve to set a Public Hearing for Tune 22 , 1976 . MOTION: Meyers moved , seconded by Pierce , to approve the agenda with the inclusion of the 3 aforementioned items . Motion carried unanimously. II. MINUTES A. Minutes of the Regular Council Meeting held Tuesday, May 4 , 1976 . Pg . 4 , lst para . , ?:-. st line , strike "community" and insert "neighborhood" . MOTION: Meyers moved , seconded by Pauly, to approve the City Council- minutes of May 4, 1976 as published and corrected. Motion carried Unanimously. 250.E I..UUil�-•11 ,.itiikALUS - G 1�.: :u)' , ..} J , 1 U H. MINUTES (continued) B. Minutes of the Regular Council Meeting held Tuesday, May 11, 1976 . i Pg. 2 , para . 5 , 2nd line, strike "May 11" and insert "April 27" . 4 Pg. 3 , Ist para . , Ist line, strike "Pauly" and insert "Meyers" . r Pg. 7, 4th para . , after "concern" insert "was"; 8th para . , Sth line, strike "direct" and insert "request" . a MOTION: Pierce moved, seconded by Meyers , to approve the City Council minutes of May 11 , 1976 as published and corrected. Motion carried unanimously. Ill. APPOINTMENTS b A. Appointment of 2 Youth Members to the Human Rights Commission i Mayor Penzel recommended the appointments of Joe Hays and Sue Ellingson as youth members to the Human Rights Commission. MOTION: Meyers moved , seconded by Pierce, to confirm the appointments of Joe Hays and Sue Ellingson as youth members to the Human Rights Commission for terms to expire 4/30/77. Motion carried unanimously. B. Appointment of citizen to the Sign Review Committee Mayor Penzel recommended the appointment of Bob Gartner to the Sign Review Committee. MOTION: Meyers moved, seconded by Pauly, to confirm the appointment of Bob Gartner as a citizen representative to the Sign Review Committee. Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS A . Resolution No. 1142 , expressing Eden Prairie's opposition to locating a Chemical Waste Dis_osal_Site within the community. City Manager Ulstad spoke to Resolution No. 1142 . MOTION: Pauly moved , seconded by Meyers , to adopt Resolution No. 1142 , expressing Eden Prairie's opposition to locating a hazardous chemical waste disposal site within the community. Motion carried unanimously. w e 2 J;U� Council Minutes - 3 - Tuesday, May 25 , 1976 B. 2nd Reading of Ordinance No. 330, regulating COnsumption display of intoxicating liquor in certain premises , serving of set- ups,and imposing additional fees for State Permit under IN4SA 340. 119 . City Manager Ulstad spoke to Ordinance No. 330 . MOTION: Meyers moved, seconded by Pierce, to approve the 2nd reading of 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. C. 2nd Reading of Ordinance No. 331, approving the rezoning request for ? Gelco to rezone approximately 9 acres from I-5 Park and Public to Office for construction of a parking lot. { City Manager Ulstad spoke to Ordinance No. 331 and the Rezoning Agreement for Gelco. Meyers requested the following amendments be made to the Rezoning Agreement: Pg. 1, 5th para . , 4th line , after "construct" insert "Interim" . C Pg. 2 , 1st para . , 3rd line , after "any" insert "permanent" , line 7 , after "such" insert "permanent" . It of 2nd para . , lst line, after "the" insert "interim" . " Sth para . , 2nd line , after "of" insert "interim" . 6th para . , 1st line, after "the" insert "interim" Emerson Greenberg, Vice President of Gelco, and J. W. Bell, Assistant Secretary of Gelco, agreed with these amendments . MOTION: Pierce moved, seconded by Pauly, to approve the 2nd reading of Ordinance No. 331, approving the rezoning request for Gelco to rezone approximately 9 acres from I-5 Park and Public to Office for construction of an interim parking lot. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye , to approve the rezoning agreement as amended. Motion carried unanimously. Council Minutes -- 4 - Tuesday, May 25 , 1976 D. 1st Reading of Ordinance No. 332 , relating to and establishing subdivision regulations for the platting and subdivisiog of land and amending Ordinance No . 93 , Section 11 , Subdivision 1, relating to Parks , Playgrounds , Public Open Space, Storm Water Holding Areas or Ponds . City Manager Ulstad spoke to Ordinance No. 332 and answered questions of Council members . After considerable discussion by Council members , the following motion was made: MOTION: Bye moved , seconded by Pauly, to table Ordinance No . 332 until June 8 , 1976. Motion carried unanimously. Meyers requested staff to investigate the administrative problems on adopting an installment plan for Industrial, office and commercial units in excess of a certain numberof acres, and also installment payments for residential units from 8 - 17 acres . E. 2nd Reading of Ordinance No . 329 , amending Ordinance No. 280 , establishitqutility rates . MOTION: Pauly moved , seconded by Pierce, to approve the 2nd Reading of Ordinance No . 329 , amending Ordinance No. 230 , establishing utility rates . Motion carried unanimously. F. 2nd Reading of Ordinance No . 326, rezoning the Mitchell Lake PUD from Rural to R1-13 . 5 for the single family rea and RM 6. 5 for the t0w11h0Use area . City Manager Ulstad spoke to Resolution No. 326 and the Rezoning Agreement for the proposed project. Meyers noted on page 2 of the rezoning agreement that there are to be two homeowner' s associations and questioned if this doesn't cause some problems as to which homeowner's association is going to maintain the . mint-park. Jim Hill, i erntom , assured Councilwoman Meyers that a definition will be covered in the convenants . Meyers requested the following amendments be made to the Rezoning Agreement: Pg . 3 , item 7 , 4th line, after "of" insert "building permit. " and strike the remainder of the sentence. Pg . 3, item 8 , add a new sentence to read: "No individual private dockswill be permitted In the project. " Council Minutes - 5 - Tuesday, May 25 , 1976 k F. 2nd Reading of Ordinance No. 326 , rezoning the Mitchell Lake PUD from Rural to I:1-13 . 5 for the sin le family area and RM 6 . 5 for the f townhouse area . (continued) Pg . 3 , item 13 , add a new "E" to read "Corner lot, side yard ' setback of 20 feet. " Pg . 4 , under item 4 , last line , after "property insert "to rural MOTION: Pauly moved, seconded by Bye , to adopt the 2nd reading of Ordinance Nc . 326, rezoning the Mitchell Lake PUD from Rural to R1-13 . 5 for the single family area and RM 6.5 for the townhouse area. Pauly , Bye, Pierce and Penzel voted "aye" , Meyers voted "nay" . Motion carried . MOTION: Pierce moved, seconded by Pauly , to approve the Rezoning Agreement as amended. Motion carried unanimously, . v. Resolution No . 1141 , request for Eden Prairie to participate in H. E. C.O. Sargeant Keith Wall, Public Safety Department, outlined Resolution No. 1141 and answered questions of Council members, MOTION: Pierce moved, seconded by Bye , to adopt Resoluti.on No. 1141, request for Eden Prairie to participate in H. E. C. O . Motion carried unanimously. l V. RUPORTSOF OFFICERS BOARDS &_COMMISSION'S G A . Re _orts by_Council_-Members 1 . Councilwoman Meyers reported on the Board of Appeals & Adjustments meeting held Thursday, May 20 , 1976 . The Board of Appeals & Adjustments had asked for an opinion from the Council pertaining to the Hamilton parcel on Mitchell and Research Road, a rural district parcel of less than 5 acres created F by City approval of land sub-dlvision . Mayor Penzel recommended that the City Attorney make a ` determination on the Hamilton parcel,and that staff be either directed or not directed to issue a building permit on this parcel. The Council agreed with this recommendation, B. Report of Director of Community_Services 1 . Consideration of purchasing the Schaitberger property at Lake Ri1_y. Director of Community Services Jessen spoke to his memo dated Council Minutes - 6 - Tuesday, May 25, 1976 1 . Consideration of purchasing the Schaitberger property at Lake Riley (continued) May 21 , 1976 and the cooperative agreement for the acquisition and development of Lake Riley Park as a Regional Park. Jessen answered questions of Council members. i The following property owners appeared before the Council: Guy Schoenecker, 9450 Lakeland Terrace; John Kirtland, 9010 Lake Riley Road; Don Sarles, 9480 Lakeland Terrace; Bill f Jellison, 9560 Highview Drive; Joe Dolesjt , 9005 Riley Lake Road; Wallace Anderson, 9004 Lake Riley Road; Joan Thomas , 9300 Riley rake Road; Jack Bell, 9375 Kiowa Trail, Chaska; and Elaine Jacques , 9021 Riley Lake Road. The aforementioned - property owners cited various concerns, i. e. , what is the objective of this park, doesn't seem to be a specific plan for the park - is it going to be a park for camping and tourists, hiking, biking, ball- parks or what; w:iat kind of access is there going to be to thin 3 park; hours of operation; what about police protection - who is going to pay for this protection; is it a winter park or a summer park, neighborhood park or metropolitan park; whether or not park will be needed; what about sewer and water; City has many other parks the need seems to be rather remote at the present time; question of financing; what will this park do to the present property owners; loss of home values on homes surrounding park property; questioned If people want any more parks in Eden Prairie; and concern regarding the size of the park. MOTION: Meyers moved , seconded by Pierce , that the City enter Into a cooperative agreement with the Riley Purgatory Creek Watershed District for the acquisition of the Schaitberger parcel on Lake Riley and that the cooperative agreement pertaining to development be amended to state that the City has not made a determination as to the approximate size of the Lake Riley Park , but the intent is to provide a City park with Lake Riley access for use and convenience primarily to the southwestern population of the City of Eder, Prairie. Motion carried unanimously. i Howard Merriman, Riley-Purgatory Creek Watershed District, explained that the Watershed District is not interested in the 200 acres and does not care if there is a park at Lake Riley or not. The Watershed District is just trying to help the City of Eden Prairie with funds the City does not have . Ron Ytzen, 9227 Lake Riley Boulevard, was not present at this meeting but wished to be recorded as being in favor of the purchase of the s , Schaitberger property by the City of Eden Prairie. MOTION: Pierce moved, seconded by Meyers , that the Council direct } Marty Jessen to secure a 60-day extension on the Schaitberger property. Motion carried unanimously. . �"J Council Minutes - 7 - Tuesday, May 25, 1976 2 . Lake Riley Operations - 1976 -- Recommendation from the Parks , Recreation & Natural Resources Commission. MOTION: Bye moved , seconded by Pierce, to continue this Item until June 8 , 1976 . Motion carried unanimously. MOTION: Pauly moved, seconded by Pierce , to continue the meeting past 11:00 PM. Motion carried unanimously. 3 . Recommendation from the Parks , Recreation & Natural Resources Commission for Park Acquisition in the North Central part of the communi�y—. Director of Community Services lessen spoke to his memos dated May 21 and May 14 , 1976 , and answered questions of Council members . , MOTION: Bye moved, seconded by Meyers , in view of Councilwoman's Meyers statement that we have approximately 300 acres of previously acquired or proposed park propertv in the Northwest part of the community, that this matter be referred back to the Parks , Recreation & Natural Resources Commission and that the Commission take a realistic look at these parcels in view (( of the community's attitude expressed during the bond referendum . Motion carried unanimously. i 4 . Reading Center T..ease_ i 9 loOTION: 1,4eycrs moved , seconded by Bye , to approve the Lease j Agreement for the Reading Center with the addition to Section III i as outlined in Mr. lessen's memo dated May 21, 1976, Motion carried unanimously. 4 5 . Renort on Nine Mile Creek Water-shed District Tour of Mount Normandale Lake held Monday, May 24_1976 .� hirector of Community Services lessen gave a verbal report on the Watershed District's tour of Mount Normandale Lake. C . Report of Cit_y_Manager 1 . Discussion on Suburban Hennepin County Organization City Manager Ulstad stated that he had checked .with Brooklyn Park to see what kind of response they had received in the formation of a Suburban Hennepin County Organization. They had received very little response. �oz Council Minutes - 8 - Tuesuay , iviuY 1 . Discussion on Suburban Hennepin County Organization (continued) City Manager Ulstad recommended that the City of Eden Prairie i not commit to this organization at this time but if they need q staff time we could provide some service in that area . Council agreed with this recommendation. I � 2 . Authorization for Representation in joint Public Works ' Negotiations for 1977 with I .U.O . E. , Local No . 49. City Manager Ulstad spoke to this item and recommended that Council authorize the expenditure of $750 . 00 for calendar year 1976 to be expended from the Contingency Fund of the General Fund. MOTION: Pierce moved, seconded by Bye, to authorize the e}:penditure of $750.00 for calendar year 1976 to be expended from the Contingency Fund of the General Fund for Authorization for Representation in joint Public Works Negotiations for 1977 with I.U .O.E . , Local 49 . Roll Call Vote: Bye Meyers, Pierce and Penzel voted "aye". Motion carried unanimously. D. Report of Finance Director 1 . Payment of Claims Nos`1432 - 1546. MOTION: Lye moved , seconded by Meyers , to approve the Payment of Clainis Nos. 1432 - 1546. Roll Call Vote: Bye , Meyers , Pierce and Penzel voted "aye" . Motion carried 4 unanimously. 2 . Cl-erk' s Li_ense List MOTION: Bye moved , seconded by Pierce, to approve the Clerk's License List dated May 25, 1976 . Motion carried unanimously. 3 . Consideration of proposals for insurance Finance Director Frane spoke to his memo dated May 20, 1976 MOTION: Pierce moved , seconded by Bye , to accept the proposal for insurance as outlined in memo from John D. Frane, dated 5/20/76, with the changes under "Property (Fire, etc.)" that we add $500/$1, 500 franchise in the amount of $4 ,842 . 00; and under "Urnbrella" we accept the quote from Auto Owners Insurance in the amount of $1,600 . 00 . Roll Call Vote: Bye , Meyers , Pierce and Perizel voted "aye" . Motion carried unanimously. Council Minutes - 9 - Tuesday, May 25, 1976 D. Report of Finance Director (continued) q 4 . Demonstration of IBM voting punch card system. Ed Lellbach, CES Company, gave a demonstration on the IBM voting punch card system , stating that the cost of the system for 60 units , 2 computers , plus misc. , would be just short of $20 , 000 . 00. MOTION: Meyers moved, seconded by Pierce, to instruct staff to request references from neighboring communities regarding the IBTA voting punch card system. Motion carried unanimously. Finance Director John Pr-ane outlined maps illustrating the proposed new precinct boundaries - the original proposal. of 8 precincts and the new proposal of four precincts . f Perry Forster, Fred Baumann and Virginia Gartnar took part in discussions regarding precinct boundaries . It was the consensus of the Council that staff contact the �. Political Party organizations requesting their input regarding precinct boundaries. i V1. NEW BUSIPJESS A. Discussion of Motorcycle Ordinance Councilman Fye expressed his concern r garding the misuse of property by motorcycle traffic. Sargearnt Wall responded that this is a very hard type of traffic to regulate but that the Public Safety Dep:ariment would do the best job possible . B. R�,soliit:ion rPnarding_traffichazards on Highway #5 and also Highway ;;169 _ I MOTION: Meyers moved, seconded by Bye , to request immediate positive action by the State Highway, Department on traffic hazards on Highway #5 and Highway T 169. Meyers suggested staff contact Vo-Tech .and see if they have a student organization that would approach the highway department regarding the hazardous situation on the entrance and exit to Vo-Tech. i C. Resauest from the Preserve to set a Public Hearing for Tune_22 , 1976 . MOTION: Pauly moved, seconded by Penzel, that the Preserve be granted a Public Hearing for East-West Parkway Apartments for June 22, 1976. Motion carried unanimously. VII. AD OURN MENT MOTION: Pierce moved, seconded by Bye, to adjourn the meeting at 1:00 AM. Motion carried unanimously.