City Council - 07/27/1976 r.' i'r hj J. E C IT'j' CO'LI N C I L
{ _ ULSLA , JULY 27, 1976 7:30 PM , CITY HALL
COUNCIL MEDAETI?S: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim P ierce
Sidney Pauly
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COUNCIL STAFF PRT_'tL-r1T: City Manager Roger Ulstad
City Attorney Iiarlan Perbix
City Engineer Car? Jullie
City Planncr Cick Putnam
Director of Community Services Marty Jessen
Finance Director John Frane
Recording Secretary Joyce Provo
PLEDGE OF 1-;LLEGIF";%"E
INVOCATION: Pastor James Barth, Immanuel Lutheran Church
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ROLL ".'ILL: Byre, Pierce , Pauly and Penzel present; Meyers absent.
CT J I-EJ �_I A AIti1 I) OTHER ITEMS OF BUSH:E,cc
The following iterr,s were requested to be ached to the agenda under the "New
Business" category:
A. Discussion of Homeowner' s Associations .
B. Discussion of PUD Ordinance
P
C. ',N CA Ordinance
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D. Communication received from the Eder+. Prairie School Board ,
E. Report from City Engineer Tullie on Sub,,rban Rate Authority and its activities E
for next \,ear and contri))ution of same
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MOTION: Pauly moved, seconded by Pierce , to approve the agenda as corrected
and published. Motion, carried unanimously. !
TI. M INUTES
A. Minutes of. the Reaular Council Meeting held Tuesday, July 6, 1976.
Pg . 5 , 3rd para . , 2 nd line , strike- "agreement" and insert "proposal" .
Pg. 7 , 80 para . , 3rd line , after "Eden Prairie" insert "for OPUS II" .
1\,OTION: Pierce moved, seconded by Bye, to approve the minutes of the Council
meeting held July 6 , 197G as corrected and published, Motion carried unanimously.
G .
F3. A, ir,utes (if ti,r tine, iz`'Irl Jul•. 1.3 , 1976
Pg . 2 , 5th para . , 3rd 11r.e, strike^ "Recommendation of the Planning
Commission" and insert in lieu thereof "Recommendation for denial by
the Planning Commission"f in the same para . , 4th line, strike "Riviness"
and insert "Riveness" . Y
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Pg . 7 , 2nd para . , last line, strike "a " and insert "an at" .
MOTION: L'yc moved , seconded by Pierce , to approve the minutes as corrected
and published . Motion carried unanimously.
A. 1st Reading of Ordinance No. 337 , regulating hunting in
Eden Prairie. .
Several concerns were expressed by CounciV$members regarding Ordinance i
No. 337 ,those being: boundaries, possibility of obtaining a permit for the
shooting of varments outside of designated areas , and check State haw to
see if there is a clear definition of deadly weapons . 's
MOTION: Bye moved, seconded by Pierce , to approve the 1st Reading of
Ordinance No. 337 , requiring permits for the discharge of firearms and repealing
Ordinance No. 120 , and that the concerns expressed by Council members be
addressed by the 2nd Reading. Motion carried unanimously.
B. 1st Rea dinr of Ordin,a_n_ce No. 336 , establishing lic:.nse fees for mechanical
amusement devices and amusement centers , arnendino Ordinance No. 280.
As there seemed to be some discrepancies in Ordinance No. 336 , the Council
directed the City Attorney to redraft the ordinance and bring it before the
Council at a later date .
IV. PI:TIT,..�.5 RF U.�STS & gOMMUNICA.TIONS r
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A . FenU�st from Mrs . Newell J. Liebler to discuss the Dutch Elm Disease problem
in rden Prairie .
Mrs . Newell J. Liebler , 15901 north Hillcrest Court, appeared before the Council
and read a letter from Mr. & Mrs . Howard Tyson , 15980 North Hillcrest Court.
(Letter dated July 25 , 1976 attached) Mrs . Liebler stated the ordinance passed
in 1973 regarding dutch elm disease has not been enforced and the people in
the North Hillcrest area have been very good about taking care of their own
problems regarding diseased trees , but the City has not done their job_ Mr. Liebler
expressed concerns about diseased trees in Ecklund and Swedlund's outlot in the
North Hillcrest area , noting that the City had been called in 1973 regarding this
problem and nothing has been done to-date.
h . R quest from Mrs . 11 1 . Lieblcr to discuss the Dutch Elm Disease
proMein in I den Prairi,-, (continued)
Marty jessen , Director of Community Services , explained that the City is
currently cutting trees down on public property. He further outlined the policies
set in other communities regarding the taking down of diseased trees , citing
in particular the community of Minnetonka, whereby Minnetonka pays 100%
for the cost of removal of diseased trees . jessen further explained Minnetonka
has a population of approximately 40 , 000 and a smaller area than Eden Prairie.
I-,lso that I,:Iinnetonka' s tax re Venue has been approximately 20 mills higher than
Eden Prairie and they are more blessed with income and able to support such a
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program .
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Mary Sethre , 16150 North Hillcrest Court, spoke to the problem of the Ecklund
and Swedlund outlot noting that trees had been marked last year for dutch elm
disease and that nothing has been done. jessen responded that there were some
diseased trees last year that were not removed , but they are being cleaned up
this year. v
Eye stated that this is a tremendously big problem and we-as a small unit are
attempting to do what we can. He also expressed that he was sure the ordinance F
mould be enforced from now on.
44 ick Root, 16001 Alpine NVay, explained that all the people in the. North Hillcrest
area are asking for is equal treatment and that they would take their diseased
trees down if the City and Ecklund & Swedlund would do so too.
Jim Wedlund , 16211 North Hillcrest Court , expressed his opinion that if removal
is done quickly and correctly, we might have our elms with us for 3O,more years .
He also questioned if it isn't against the lacy to leave a pile of debris, i . e . , Ecklund
& Swedlund's pile of trees , for such a long period of time. City Attorney Perbix
stated that steps could -:e taken to have this debris removed, and that we have
another ordinance pertaining to this sort of thing.
Mr. Donald Sethre., 16150 North Hillcrest Court, asked if there couldn't be a general '
contract agreed to for the removal of all diseased dutch elin trees in Eden Prairie .
Ralph Hoffmann , 15950 North Hillcrest Court, stated he respectsthat the Council's
hands are tied in this situation and asked if it wouldn't be incumbent for the Council
to tale specific steps with the Legislature. Feels we should assess the whole thine
against the whole community. Suggested the City sponsor contract to, for example ,
bid on 700 trees and then have the next six months to cut them down. Give the
people more than 20 days . Penzel responded that the State Statutes require the 20 day
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removal .
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St tc Rcprese•ntatLve T_I )uclas Ewald stated that the Legislature did allocate
::lilitly over a million and a half dollars for tree disease for 1976 throughout
the state , and that nol-)ody in the State of Minnesota could realize the full impact
c,f ri,lir.} 'Am disease . Representative Ewald further explained he was certain
the- City% _-an plan on incrczjsing spending in this regard in the next session of
thIf.- Legislature . Cannot promise the State can solve all of the problems , but
i sure iI:crc_sed aid v _11 _ c;iven in the ,next legislative session .
State Scr:ator Jo?-in ]Kc-efe c:_pressed his concern and stated we ought to be
thinking on t.:e offsnse c,.-d _netting off the defense. Senator Y-.eefe also feels
cer-F-in the Legislature is ding to approve additional monies for tree removal.
Can see no reasor: why a pc' sor. who has a t;ge taken down should not be able
to deduct it from their income taxes. Other alternatives would be to take it
outside the levy limitations and take out tree bonds . Looking for ways we can
provide some innovation from, the people . 6
John Bcrgan .'r87 05 Bent-wood Drive , would like to see DDT being used again
in the treatment of dutch eIm disease.
or Penzel requeste:l that item V. E . A be considered at this time .
i,. E. _. PT5, ^r C. �1 -P S C, DF &. COI�f?VrTScz10T`S
E hti w.�"t of 7)r1 s_ c, orr1mur,it ' Se s
1 . Pefcrest:;ticr.
_.-:.._c_ .r_a_m_ f_o_r- renlacin..�u-_d�i.-----E.-a--s-�ed_t_.r.__e_..�es__..
_.
Director of Ccr.-munity Services Tessen spoke to memo dated July 23 , 1976
regare}i nc the R;:fore station Program .
Dave Dorl e , Sun Newspapers , questioned what the new trees would be and if
they would be subject to any kind of diseases and if they are, how are they �
.,.)I g to be t.Eated . jessen responded that.we have tried to find six trees that
:1 e ccnera lly accepted to be as disease free as any. If any one of them poses
a problem , they will be deleted from the list. Senator John Keefe stated that
the Department of Agriculture strongly recommends that a series of different
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trees be planted in each area i
'ou Donovan 1SPS1 Hillcrest Court questioned how the City was going to
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decide where trees had been removed when a new tree is picked by a resident
jessen responded that when a City inspection is made and a tree is marked
diseased, then it becomes a part of the record and a new tree can be picked up
in its place.
n e felt that our next issue of the HAPPENTIZICS should explain the program
P e z 1 1 P p 9
if adopted by the Council .
Tohn Bernan , C.705 Bent-wood Drive, sub,,I-, st;cj fli,,t the nev,, treics should
come %,ith a sticker telling people to "Please water me " , as new trees
definitely need a lot of water to survive .
MOTION: Pauly moved, seconded by Pierce , to direct the staff to consider
the alternative proposals for financing an enlarged dutch clin program
and bring these proposals back before the Council on August 10 , and to
1) investigate -1utch elfin control outside the levy limitations; 2) ask the
Lerii -Iloture to develop some kind of hasic law for entire state; 3) encourage
the Legislature to support any bills appropriating additional funds to
Communities; 4) in the devElopmcnt of a state—.%ricie program , give leeway.
for individual communities; 5) appeal to t.-je federal government for some help
on the state level , and 6) pursue all possible rnez,-ns for reforestation . Further
aLithorize staff to proceed with the reforestation program as outlined in memo
dated July 23 , 1976 , and that an onsite inspection be done to establish who is
entitled to receive trees . Also that staff consider in their recommendations
the use of a task force made up of one member of the Parks, Recreation &
Natural B#Ysources Commission to be selected by staff, one Planning Commission
member to be selected by staff, one staff member, and no less than 3 citizens
to be selected by staff. Motion carried unanimously.
Council directed staff to send this information to our State Sl'nator John'
Keefe , State Repi-esentative Douglas Ewald , and tl-�-- appropricte subconnnittees
of the Legislature studying the tree disease prohl E--, in Minnesota .
Ill. TETTTIOT�JS REQUESTS & C-01,41VI-TIZICATIO'NS (continued)
B. Neill Lake Apa_rtrnents , The Preserve , request for mcv2ification of EDevelopment
Man for 84 units . T-- site is located on Neill I.ake across from the Iiigh Point
sirigle, family area.
City Attorney Perbix spoke to his memo dated July 23 , 1976 and answered questions
Of Council Members .
W'illiam Bale , legal counsel for The Preserve, stated the Preserve v,7ould.,Iil,-e to
be advised of what their zoning is on the site in question, and what does it become
on this project if the Council does not approve this proj ect? Does this mean that
the zoning we have now can be withdrawn, or can we Izeep the RM 2 . 5 for the
project . City Attorney Perbix explained in his opinion if the Council turns the
project do%yn, The Preserve still has a RM 2. 5 zoning with an approve-d PUD.
The clustion is not zoning, it is whether the amendment. to the PUO rneets
with the approval of the Council .
Don Hess , The Preserve , displayed graphic Illustrations of the NeL11 Lake Apartments
proposal.
13 rl' "oil V,.r' 11r^servr rcqucst for Modification of 1'�(!velr-,p=Qt-
H :ill for (!/I mjts . (continued)
irt'Carl^on , 9DGI Neill Lake Road , Jim Mars , 10700 Lake Fall Drive ,
Bert Hud:.-.on , 9030 High Point Circle , and Porn Bach, 9051 Neill Lake Road
a In rc,r I in-apposition to tlilc, Neill 1.t:'Ke Apartnicnts project expressing
VZ�IIOLIS concerns, i . e . , plan does not use depth perception, all parking
will not bc, below stnicture as previously stated by the proponents , pay high
ta:-.r!s to live in a single family area not in a transient area .
To!'." Crouch , legEJ counsel for the opponents , spoke to his communication
datc(I July 22 , 1976, recornmending, denial of the Neill Lake Apartments project-.
Pauly questioned whatwould the typical renters be in the $400 . 00-$440 . 00 ,
3 bedroom apartrnent units . Hess responded that they would be limited to
five mernbers and would make somewhere from -1$21 , 000 to $2 2 , 000 a year. They
prol-'aLly would have relatively few children, at least fewer than a Condominium .
They v.,_jld 140rz judged to be in the upper middle income and high income levels.
PE� �:ly also a -ked if a group of single people could rent one of these
aria tlr:�rlts. Fless stated he thought this would be possible .
John T)-.E-: Preserve , spoke in favor of the 1,. eill Lake Apartments project,
Preserve has several million dollars invested in Eder. Prairie
ar.,�2 d�SE,-.,CZ Some sort of consideration.
Bye E._701a:ried, that we have a number of things that have developed. PUD's
haVE not really `-een understood no.- properly explained. People react differently
if they are a developer , another vjav if they are a resident, another if they are
a Council menmll-;er. Bye further stated that he has strong feelings that there has
been some faith and some trusts given and broken or taken away. Suggested that
the proper position to take not Knowing the result , would be to replace this into
a rezoniric; situati.Dn with exactly the same criteria and exactly the same format
and same voting restrictions. Can see no other choice.
1\.1OTJON7: Eye moved, seconded by Penzel for purposes of discussion, to refer the
T\': eill Lake Apartments project back to the Planning Commission for expeditious
consideration under a PU D concept plan f'cr RM 2 . 5 density, with no zoning taking
place at this time. Bye voted "aye" , Penzel, Pauly and Pierce voted "nay" . Mot ion
failed .
MICTION: Pierce moved, seconded by Pauly, to deny the Preserve's request for
modification of development for 84 units for the Neill Lake Apartments, Pierce,
Pauly and Penzel voted "aye" , Bye "abstained" . Motion carried .
Pierce stated his reason for being opposed to the Neill Lake Apartments project is
that it is against the City's plan as far as a gradual change from single family hove_
to highor density.
fniL (,f Dr-yelopri;f-iit
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Pauly felt thEil- ()r1c'4 inal plan was approved with a lot of thought and
consideration qiv��,n to the different facades. The Council felt at that time 'they
were ncvc--rthcicss tz-ying to crcate something that was sensitive and acceptable
to single family rcsic-Icnts . She does not feel one bier
apartment building is
sensitive to sirigl--: fc::-nily residents , and if I'he Preserve's use of the land is to be
re,--'-.! , they should still alAide by the Cifv's dauision that there -,-,ould be
ta- gg&rEd L'nit—c with viszi�,) appeal
r e n--c-,I ::tza t c d t It .ire p ro p a I re p r e!7:c. ri t:s a m a tcriLl change from the previously
anprc),.,c---! con- rr.in,1"A I'll proposal ,arion.- v,ri-,ich mere a change in parking location to
a strcet c,-.-posure, chaff-lcter of the structure from a 1-nulti-roof line
dpproach to a mon')I -St.!-4c avrti-tent block , and elitnination of sight
accesses to Neill Lake froin Neill Lake Road. *
M 0 TL 10-\T: Eye moved to adjourn the meeting at 11:15 P1,.1 . (As there was not unanlrnots
support to continue t e meeting past the 11:00 PIA'A time limit set by Council resolution , the
rnecAi,,,�. stood acljourncd at 11:15 PM All items not heard can the July 27th Council agenda
to bE -----;ntinued tc the August 3 , 1976 Council rnec-1--ing .)
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