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City Council - 06/22/1976 APPROVED MINUTES EDEN PRAIRIE CIri COUNCIL { 'rUESDAY, JUNE 22 , 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix City Planner Dick Putnam City Engineer Carl Jullie Director of Community Services Marty Jessen Finance•Director John Frane Joyce Provo, Recording Secretary INVOCATION - Dr. Gary Peterson, Immanuel Lutheran Church t• ROLL CALL: Pauly, Meyers and Penzel present; Bye and Pierce absent. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS '"he following items were requested to be added to the Council agenda under the "New .isiness" category: A. Request for administrative lot subdivision within the Edenvale Recreational Center. 9 { t B. Request from Ray Welter, Jr. � MOTION: Meyers moved, seconded by Penzel, to approve the agenda with the incl:ision of the 2 aforementioned items . Motion carried unanimously. r I. W.', - TES T A. Minutes of the Board of Review meeting held Thursday, May 27, 1976 . MOTION: Pauly moved , seconded by Meyers , to approve the minutes of the Board of Review held Thursday, May 27, 1976 as published. Motion carried unanimously. B. -Minutes of the Regularly Scheduled Council meeting held Tuesday, une 1 1976. . Pg. 2 , strike para . 7 in its entirety, and insert in lieu thereof: "Gil Darkenwald, t oned what the assessment will be C 11803 Franlo.Road, questioned against the i parcel owned by Mr. Grobe and who is going to be assessed in the area. Jullie responded approximately 650 front feet at a proposed rate of $23.00 per front foot for a total estimated assessment of $14 ,950. 00 for the Grobe parcel. �,,, .- ,•�.i •• :.�.�. r it .<..� !►�+--- ........... • B. Minutes of the Regularly Scheduled Council meeting held Tuesday, Tune 1 , 1976 (cont'd) This would be a five year assessment at 80/c interest subject to Council approval at a special assessment hearing. The proposed assessment for the project is on the 'Front Foot' basis , rather than an 'area assessment' . " Pg. 4 , para . 1 , 1st line , after "acres" insert "for roadway ramps". Pg. 5 , para . 3, 1st line , strike "County Road 18" and insert "East-West Parkway from County Road 18" . .'TION: Meyers moved, seconded by Pauly, to approve the minutes of the :-.e 1, 1976 Council meeting as corrected apd published. Motion carried ,.r,antmously. C. Minutes of the Continued Board of Review Meeting held Tuesday, Tune 8, 1976. MOTION: Meyers moved, seconded by Pauly, to approve the minutes from the continued Board of Review meetingheld Tuesday, June 8, 1976. Motion carried unanimously. utes of the Reoularly Scheduled Council meeting held Tuesday, Tune 8 , 1976 . 5, para . 5 , 5th line , after "to" insert "nearly" . MOTION: Pauly moved , seconded by Meyers, to approve the minutes of the June 8, 1976 Council meeting as corrected and published. Motion carried unanimously. II. PUBLIC HEARINGS A. East/'VA.Test Parkway Apartments, The Preserve , request to rezone approximately 9 acre site to RM 2. 5 for 129 rental apartments. The site is west of The Preserve Center on the East/V%'est Parkway. MOTION: Meyers moved, seconded by Pauly, to continue this item to the July 6, 1976 Council meeting. Motion carried unanimously. A B. County Road 4 Bikeway/Hikeway Mayor Penzel outlined the procedures for Public Hearings. A Director of Community Services Jessen stated that he has tried to contact as many of the affected property owners as possible and noted the letter sent to these same property owners on tune 11 , 1976 . Jessen further recommended that the trail be ' r. constructed within the existing County Road right-of-way and outlined same by � graphic illustrations. a6,v B. County Road 4 Bikeway/Hikeway (corit hued) The following persons had contacted Mr. Jessen during the week, either by phone or letter: Chester Harms, 6345 Eden Prairie Road, did not oppose location of t he Bikewa y/Hikewa y within the road right-of-way. Herb Nutter, 8681 Eden Prairie Road , stated his objection to the Bikeway/Hikeway on the east side of County Road 4 in southerly stretch. Harry Rogers , 9100 Eden Prairie Road, noted his support for the trail on either the east or west side of the road . s Grant Sutliff, 7070 Eden Prairie Road , appeared before the Council representing both himself and his mother-in-law, Frieda Kocourek, 7080 Eden Prairie Road , suggesting that the bikeway/bikeway go behind his property rather than in the road right-of_-way. Mr. Sutliff's other concerns included potential water problems , hazard in getting in and out of driveways , devaluation of property, and questioned if the City would provide berming and landscaping to provide privacy. Miller, 8430 Eden Prairie Road,asked how the bikeway/hikeway would -t his property. Jessen assured him that the bikeway/hikeway would be ted in the road right-of-way. Penzel questioned the push button crossing on County Road 5 for pedestrians and requested that this matter be looked into as scion as possible. MOTION: Pauly moved, seconded by Meyers , to close the Public Hearing and direct the staff to proceed utilizing the alignment presented by Mr. Jessen on the west side of County Road 4 south of Scenic Heights Road. Motion carried unanimously. The Council requested staff to pursue the possibility of going behind Mr. Sutliff's property. III. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 315 , rezoning the Minnesota Protective Life approximately S 9 acre site from the existing zoning to Office District. City Manager Ulstad stated that the rezoning agreements had been signed and requested that the Council grant the issuance of a preliminary grading permit to Minnesota Protective Life. Due to the lack of sufficient Council members to act on the 2nd reading of Ordinance No. 315, Mr. Ulstad requested that this 2nd reading { be continued to the July 6 , 1976 Council meeting. MOTION: Meyers moved , seconded by Pauly, to continue the 2nd Reading of Ordinance No. 315 to July 6, 1976 , and authorize the City to issue a preliminary grading permit. Motion carried unanimously. -...-.. �.+.h. +JI:_ "�7•Tr"�`-- -�---+,ar-c.. ..a..-...,:c....,•. - ....ter,. •-.u... .�.,R,,,,�-- -....-.�- -. ....,. B. 2nd heading of Ordinance No. 332 , relating to and establishing subdivision regulations for the platting and subdivincx of land and amending Ordinance No . 93, Section 11, Subdivision 1 , relating to parks , playgrounds , open space , storm water holding areas or ponds . MOTION: Meyers moved, seconded by Pauly, to approve the 2nd Reading of Ordinance No. 332 with the exception of amending Subd . 1, last sentence to read: "Commercial/Office/Industrial Use Motion carried unanimously. IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Neill Lake Apartments , The Preserve , request for modification of Development Plan.for 84 units_ The site is located on Neill Lake Road across from the High Point single family area . City Planned Putnam discussed the Planning Commission meeting held Monday, June 21, 1976. Unapproved minutes from the Planning Commission meeting were distributed to Council members. Don Hess , Thk Preserve, and Mr. Moe, Moe Architects , outlined the proposed project and answered questions of Council members. i City Attorney Perbix stated it would be illegal for the Council to make a decision based on owner-occupied vs. rental property, as this would be discriminatory. _ Pauly stated that many of the homeowners were told that the subject property is would be owner-occupied. Penzel questioned the reason The Preserve is presenting the rental approach rather than the original owner-occupied. Mr. Hess stated that it is just a situation dealing with the market. Ej Meyers questioned the 1 garage per unit situation and if The Preserve plans to install a bikeway along Neill Lake Road. Mr. Mess replied there are facilities in the area for people to use for storage off-site. He further ` stated that The Preserve would see that a bikeway is installed along Neill Lake Road. Tom Bach, 9015 Neill Lake Road, read from a prepared statement reiterating the opposition from a number of residents of The Preserve who own single family residences adjacent to the tract of land which is proposed for apartment development. He requested that this matter be continued until a future Council meeting so the proponents could more fully develop and present their ' arguments i n wri tten form to the Counci 1 and to the Ci ty Attorney. Mary Anderson, 10561 Lake Fall Drive, presented a letter dated June 21 , 1976 in opposition to the Neill Lake Apartments . (Letter attached) Jim Mars, 10700 Lake Fall Drive, John Bergan, 8705 Bentwood Drive, and Mr. LeBlanc , 10680' Lake Fall Drive, also expressed their opposition to the aforementioned proposal . a 1 l&6519 s;Ui 1 I i:, ;: Pe Jly moved, seconded by Meyers , to continue the Preserve' s request nor ;,iridification of Development Plan for 84 units for the Neill Lake A;),.rtrncrts until July 13, 1976. Further direct the City Attorney to draft necessary resolutions for approval or denial . Motion carried unanimously. B. Request from Bernard Hamilton for property at northeast corner of Mitchell Road and Research Road. City Manager U1 stad explained that Mr. Hamilton appeared before the Board of Appeals & Adjustments on May 20, 1976 and his request for waivers were ; denied, Mr. Hamilton chose to pursue his request for a variance of the front and side yard setbacks of the required feet. He again appeared before the Board of Appeals & Adjustments on June 17, 1976, and the Board chose not to repeal their previous decision of May 20. City Attorney Perbix stated that our ordinances provide that the Council may review actions of the Board of Appeals & Adjustments, or a person may a appeal a decision of the Board of Appeals & Adjustments . t Bernard Hamilton, 9870 Franlo Road, spoke to his request and answered questions of.Aouncil members. Jim Wedlund, Chairman of the Board of Appeals & Adjustments, explained that the Board did not vote again on this same issue on June 17th because they •had turned the same item down on May 20, 1976. He also expressed his concern that Mr. Hamilton could not continue on -any longer without receiving x a firm decision from the Council . Pauly spoke in favor of the variance noting that it would fit in with the existing neighborhood and future development. MOTION: Meyers moved, seconded by Penzel . that the Counri 1 ;mthori zo the staff to issue a building permit for Bernard Hamilton for the 1 acre lot at the corner of Research Road and Mitchell Road, and since a hardship does not exist, and since the character of the existing development to the north and west of his property are large lot single family, that Mr. Hamilton comply = with the setback requirements for rural zoning. Meyers and Penzel voted "aye", Pauly voted "nay". Motion carried. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports by Council members. 1 . Councilwoman Meyers reported an the CATV meeting held Thursday, June 17, 1976. 2:= Mayor Penzel announced that the Suburban National Bank now has a Drive- In Bank. 3. Councilwoman Pauly explained that the Planning Commission requested the Council to direct the staff to initiate the development sign { program. ` MOTION: Meyers moved, seconded by Penzel , to direct the staff to initiate the development sign program. Motion carried unanimously. S «tit 1 i ii au..es - 6 - i LA d �y, June 22, 1 t: B. Report of City Manager No Report. C. Report of Planning Director 1. Crosstown Extension from Shady Oak Road to I-494. Consideration of access to Beach Road and Cooley Road. m MDTI ON: Pauly moved, seconded by Meyers , to coati nue this item to the July 13, 1976 Council meeting. D. Report of City Engineer 1. Resolution No. 1150, restricting parking on Mitchell Road at Scenic Heights Road. City Engineer Jul l ie spoke to Resolution No. 1150 and answered questions of Council members . MOTIONp Meyers moved, seconded by Pauly, to adapt Resolution No. 1150, restricting parking on Mitchell Road at Scenic Heights Road. Motion carried unanimously. 2. Receive etition for bituminous surfacing on Eden Prairie Road , I. C. _51- TResolution No. 1151 ) . City Engineer Jul 1 i e spoke to Resolution No. 1151 and answered questions of Council members . MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1151 and set a Public Nearing for this improvement for July 13, 1976. Motion carried unanimously. 3. Change Order No. 1 , Preserve Area F & G, I . C. 51-274. MOTION: Pauly moved, seconded by Meyers , to approve Change Order No. 1 for the Preserve Area F & G, I . C. 51-274. Motion carried unanimously. Es. Report of Director of Community Services 1. 1977 LAWCON Grant Program Director of Community Services Jessen explained that at the last regularly scheduled Parks , Recreation & Natural Resources Commission a quorum was not present to take any action on the 1977 LAWCON Grant Program. He further requested that this matter be continued until the July 6, 1976 Council meeting as by this time the Parks, Recreation & Natural Resources Commission would have met and would have a recommendation -to the Council . The Council agreed with this request. 2. Lal:e Riley Operations (Letter of understanding for the Scha i tberger prnperty) Director of Community Services Jessen spoke to his previous memo dated May 7, 1976 recommending approval of a lease agreement between the City and Schaitberger' s for operations at Lake Riley fir the 1976 season. MOTION: Meyers moved, seconded by Pauly, to authorize the Mayor and City Manager to sign the lease agreement for the operations at Lake Riley for 1976 based on the terms of the May 7, 1976 memo from Director of Community Services Jessen� wi th a change in item 4 to read "that all resident boating at Lake Riley will be at the same rates as for Bryant Lake Park". Motion carried unanimously. MOT . Pauly moved, seconded by Meyers, to continue the Council meeting to 11:30 PM. Mot arried unanimously. • i . Report of Finance Director i; 1 . Mechanical Voting Machines Finance` Director Frane noted that he had attempted to contact people invaived in the last two elections and comments received in almost all cases were very favorable. He further noted that he had met with into:rested parties on Thursday, June 17, 1976, at City Hall for a demonstration and question and answer meeting. Favorable comments were also received at this meeting. Frane outlined the financing alternatives available for the purchase of the IBM Punch Card Voting System. Ed Lellbach, CES Company, answered questions of Council members regarding the IBM Punch Card Voting Systen. Virginia Gartner and Perry Forster, political leaders in the community, also present and took part in discussion regarding mechanical voting machines . MOTION! Meyers moved, seconded by Pauly, to direct the staff to draft a purchase agreement with CES Company for the purchase of 50 polling units and 2 computer counters , specifying the educational services provided by CES, the maintenance services provided by CES , replacement parts available, and supervision of the counting by CES on election night. Further that the contract be brought back before the Council for final approval . Motion carried unanimously. 2. Clerk's License List MOTION: Meyers moved, seconded by Pauly, to approve the Clerk's License List dated June 22, 1976. Motion carried unanimously. 3. Paynient of Claims -Nos. 1689 - 1852. - MOTION: Meyers moved, seconded by Pauly, to approve the Payment of Claims Nos. 1689 - 1852. Roll Call Voter Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. MOTION: Pauly moved, seconded by Meyers to continue the meeting past 11 :30 PM. Motion carried unanimously. �SS V I. NE.-, BUSINESS A. Request for administrative lot subdivision within the Edenvale Recreational Center. City Manager Ulstad spoke to the request from Edenvale to permit an administrative subdivision within the Edenvale Recreation Center. MOTION: Pauly moved, seconded by Penzel , to grant approval for an administrative land division in the Edenvale Recreational Center subdivision as requested by Edenval a wi th the understanding that in order for the next division to occur, platting of the property will be required and accompanied by a property owners association ostlining the i responsibilities of the association relating to open space, street maintenance, and any additional responsibilities the City may require. Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. B. Request from Ray Welter., Jr. City Manager Ulstad explained that Ray Welter, Jr. wished to appeal the Board of Appeals & Adjustments decision to the Council . # MOTION: Pauly moved, seconded by Meyers , to continue the request of Ray ` Welter, Jr. , to the July 6, 1976 Council meeting. VII . A©JOUP,NPIENT MU UN: Pauly moved, seconded by Meyers , to adjourn the meeting at 11 :59 PM. Mo-. . or, carried unanimously.