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City Council - 10/12/1976 APPROVED 14114UTES EDEN PRAIRIE CITY COUNCIL s IUESDAY, OCTOBER 12, 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 Keith Simons Planner Dick Putnam Director of Community Services Marty Jessen Enginger Carl Jullie Joyce Provo, Recording Secretary INVOCATION: Council to oman Joan Meyers PLEn,E OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bye moved, seconded ' y by Meyers, to approve the agenda as published. Motion carried unanimously, II. PUBLIC HEARING A. Edenvale Family Recreational Center. Request for preliminary and final plat approval for the Edenvale Recreational Center. The plat is located in the northeast corner of TH S and Mitchell Road. City Manager Ul stad explained that adjustments have been made on the plat previously submitted to the Council . City Engineer Jullie outlined these adjustments. The proponent, Don Peterson, appeared before the Council and stated that Edenvale has 2 potential buyers for the Lot 1 area, and a buyer ready to go on Lot 2. Dave Dorle, Sun Newspapers , questioned who the buyer is for Lot 2. Mr. Peterson replied J's , an Italian family restaurant. MOTION: Pauly moved, seconded by Pierce, to close the Public Hearing and adopt Resolution No. 1191 , approving the preliminary j plat and final revised plat dated October 8, 1976, of the Edenvale Family Recreation Center. Motion carried unanimously. i d ?, L . . �,, 5 , �,C(Li ITS ICA , IONS s oti ce of Appeal from Roger Sandvick redardinq action of the Board of ppeals and Adjustments. v. .ity Manager Ulstad spoke to communication from Roger Sandvick dated October 8, 1976, objecting to Ken Niel son' s request to build a home on the corner lot of Leesborough Avenue and Stratford Road. Bye explained that Mr. Sandvick did call him requesting that this matter be delayed until the October 26th Council meeting I as he would be unable to attend this .particular Council meeting. MOTION: Meyers moved, seconded by Bye; to refer this matter to the City Attorney for his opinion on whether or not the variance request _ the Board of Appeals & Adjustments acted on was necessary,or if the { building permit can be issued in accordance with the existing plans. I4 Further that this matter be returned to •the Council by October 26th. Meyers, Pauly, Pierce and Penzel voted "aye", Bye abstained. Motion carried. Meyers stated that all the neighbors were notified when this matter came befiihe the Board of Appeals & Adjustments on 9/24/76 and that only Mr. Sandvick expressed objections at the meetinq. - IV. ORDINANCES & RESOLUTIONS A. 1st Readinq of Ordinance No. 346, establishing a governing body for the Cultural Center. City Manager Ulstad spoke to Ordinance No. 346, establishing a Historical and Cultural Advisory Commission. Council members requested that the Bicentennial Commission look this Ordinance over before the 2nd reading of same. (Bye requested to be excused from the Council meeting at this time to speak at a meeting for the School Bond Referendum, and explained that he would return as soon as possible. ) Various amendments were suggested by Counci 1 members to be incorporated into Ordinance No. 346 by its 2nd. reading on October 26th, along with any changes the Bicentennial Commission may have. MOTION: Pierce moved, seconded by Meyers, to give a lst reading to Ordinance No. 346 as amended, establishing a Historical and Cultural Advisory Commission. Motion carried unanimously. B. 2nd Reading of Ordinance No, 347, requiring permi is for the discharge of firearms and amending Ordinance No. 337. City Manager Ulstad spoke to Ordinance No . 347 and recommended approval j of same. 1 , i ` B. 2nd P%cadinq of Ordinance No. 347, requiring ermits for the discharge of firearms and amending Ordinance No. 337. continued George Johnstone, 15980 Lakefall Drive, directed a question to Lt. Wall if all hunting were banned in Eden Prairie, would the Public Safety Department be able to enforce laws better than at the present? Lt. Wall answered in the affirmative. ' e Mr. Johnstone further stated that this amendment brings us back to where we were previously, except the property owner must accompany the hunters. ` z Questioned Lt. Wall if the Public Safety Department would be able to control and effectively enforce the laws that we have with the poachers . No one wi l l know if it is the property owner or not doing the hunting or accompanying the hunters . Lt. Wall explained that we will have to make • sure the people have the proper permits and that some responsibility would have to be placed on the landowner,, to make sure his guests are properly registered. Mr. Johnstone stated he would not object to closing all hunting in Eden Prairie. Dori Peterson, 7025 Mariann Drive, suggested the landowner call the Publ - c Safety Department to let them know if the property owner were going to take guests out. Lt. Wall responded this would not be impossible, but it would present a record keeping problem. R Jack Hyl ie, 9249 Lake Riley Road, did not feel all types of hunting should he lumped under firearms , i . e. , boar hunting. Did not feel the s' property owner need accompany the hunter and that some gentleman' s agreement could be worked out'. Lt. Wall cited in the case of 10 landowners you can' t assume the same integrity level of all 10 people. The gentleman' s agreement ' may work in some cases, but not in all . b Ray Uel ter, Jr. , 10844 Blossom Road , stated he could not see any problems and suggested the need for bigger signs that shooting permits are needed for a hunting. Mr. Welter requested when the Council considers no hunting in Eden Prairie that trapping be considered. k Meyers expressed her opinion that no hunting will probably take place in Eden Prairie before 3 years . Penzel recognized the difficulty of the matter of control and that people should be put on alert that the Council will be considering the possibility of no hunting in Eden Prairie in the not too distant future. The following amendments were made to Ordinance No. 347: 2nd para. ; 6th line, after "must" insert "hold valid permits and must" ; and in the 7th line, strike "permit holder" and insert "property owner". MOTION; Meyers moved, seconded by Pauly , to approve the 2nd reading of Ordinance No. 347 as amended, requiring permits for the discharge of firearms and amending Ordinance No. 337. Meyers , Pain iy anu Penzel voteu "Eye". Pierce voted "nay". Motion carried. C. 2nd Reading of Ordinance No. 345, establishing City Hall as the absentee precinct. MOTION: Pauly moved, seconded by Pierce,to approve the 2nd reading of Ordinance No. 345, establishing City Hall as the absentee precinct. Motion carried unanimously. : r V. REPORTS OF OFFI COIF-'UIISSIONS A. Reports of Council members. 1. Mayor Penzel reminded the Council members of the meeting Wednesday evening. October 13. with John Boland. Chairman of the Metropolitan c Counci 1 , on comm uni ty and regional needs -- 7: 30 PM, Eden Prairie City Hall . B. Report of City tfanager 1. Minnesota Highway Department Building Permit City Manager Ulstad spoke to memo from Chris Enger, Landscape Architect, dated September 22, 1976. Ulstad explained that back in 1972 the Council did by resolution approve the request for a maintenance facility at the site subject to certain conditions. Most of those conditions have been met. Since that time the Minnesota Highway Department has reevaluated the land and has requested expansion of the usable area for parking of equipment, etc. The building as originally proposed remains the.same. In expanding the parking lot, the same bermi ng and screening will have to be reduced. Also in doing this it has been necessary to change the final grade from what was originally proposed to a grade somewhat higher. The main concern before the City issues a permit is to make the Council aware that certain conditions have been changed. The site plan has changed , the elevation has been ! changed, it reduces the berming and screening as they have expanded the parking lot on the east and west side of the site. km. Crawford, Minnesota Highway Department, District 5 Engineer, stated that since their original plan, because of the growth in the southwest portion of this district and the long range construction and reconstruction of the highway transportation system, the MHD felt a need for a resident office. � Thus , the plans for the building have been expanded to take care of the resident office and outside parking. The usable area is limited. The building will be surrounded by a chain link fence and will have shrubbery around this fence. q Meyers questioned because of the expanded site, is the MHD using it . to the maximum or are they planning an expansion in the futurel Crawford responded that the MHD did not intend to expand this facility. MOTION: Pierce moved, seconded by Penzel , to grant a building permi t to the MHD for a highway maintenance facility as outlined by City staff. Motion carried unanimously. 2. Set date to meet'with Fire Department MOTION: Pauly moved, seconded by Meyers , to set October 26th as the date to meet with the Fire Department. Motion carried unanimously. r Meyers requested a brief explanation about our bonded indebtedness /� to be sent to the Council in the "For Your Information" packet. e returned to the COUnci1 meeting at 9: 10 PM. C. Report of Planning Director 1. Status Report on Comprehensive Guide Plan Planner Putnam outlined the Guide Plan Flow Chart. Don Brauer, Brauer & Associates , consultant for updating the Comprehensive Guide Plan, brought the Council up-to-date as to what has happened thus far in updating the guide plan. D. Report of Director of Community Services 1. Consideration of purchase of Leo Lund property. Director of Community Services Jessen spoke to his memos dated September 17 and October 7, and answered questions of Council members. Jessen explained that Mr. Lund has .assured him that he ,wii 11 pay al 1 of the back taxes. MOTION: Meyers moved, seconded by Pauly, to instruct the Director of Community Services to communicate to Mr. Lund that the Council feels the appraised value is too high and see if he would accept a lower price, and repor- back to the Council on October 26. Motion carried unanimously. 2. Recommendation concerning 1977 Co-operative Projects with the CRiley-Purgatory Creek Watershed District. Director of Community Services Jessen spoke to his memos dated Sept. 17 and October 4, 1976 and answered questions of Council members. MOTION: Meyers moved, seconded by Pierce, that the Council accept the Parks, Recreation & Natural Resources recommendations and approve i for 1977 Co-operative Projects with the Riley-Purgatory Creek Watershed District the following: Lund land and/or The Preserve, g Area "H", Round Lake Park, possibly the Kucher/Deaver acquisiton, and continue the Schaitberger purchase under the contract. Motion carried unanimously. 3. RE�po rt on status of 1977 LAWCON application. _^ — Director of Community Services Jessen spoke to his memos dated September 30 and October 7, 1976. MOTION: Pierce moved, seconded by Meyers, to receive and file report from Mr. Jessen on the status of the 1977 LAWCON Grant application. Motion carried unanimously. 4. Appointment of Youth tlembers to the Parks, Recreation & Natural Resources Commission. �F No appointments at this time. ' 5 E. Kcliort c:f City Engineer I . Renaming n` West 78th Street to Arboretum Boulevard. City Engineer Jullie reconnended that the Council give a 1st reading to Ordinance No . 349, renaming West 78th Street to Arboretum Boulevard, and that a 2nd reading be withheld for three or four weeks until Mr. Jullie has had a chance to receive a response from Rosemount Engineering and to notify all abutting property owners on West 78th Street. Council members agreed with Mr . Jullie' s recommendation, MOTION.: Bye moved, seconded by Pauly, to give a 1st reading to Ordinance No. 349, renaming West 78th Street to Arboretum Boulevard. Motion carried unanimously. 2. Receive petition from James Duvick requesting water lateral service to t•iodern Tire Company site, I. C. 51-295. City Engineer Jullie spoke to Resolution No. 1205, receiving petition, engineering report and orderinq improvement, and recommended approval of same. Jullie referred to his memo dated 4 October 8, 1976, and answered questions of Council members. Bye questioned at the time Modern Tire expanded,who did they anticipate was going to pay for the service if it wasn' t themselves . He further explained that $7,470. 00 will be picked up by the City. but questioned if the City should be subsidizing a business expense. Bye fel t �. it is the City's money Modern Tire is operating a business on. Thought at the time of expansion Modern Tire should have looked at these costs. City tanager U l s to d explained that once you get the service to Modern Tire' s property line, then it is, Modern Tire's responsibility. Thinks the City has the responsibility of servicing that property with their needs . MOTION: Pauly moved, seconded by Meyers , to adopt Resolution No. 1205, receiving petition, engineering report and ordering improvement. Pauly, Meyers and Pierce voted "aye", Bye and Penzel voted "nay". Motion carried. Meyers instructed staff that Modern Tire be notified that the City is consideringassessment options and that the assessment cost could be approximately $4,000 rather than the amount indicated ,and the City could consider paying for the jacking of the casing pipe under h169 which costs approximately $6,000, but the remainder of the project cost would be assessed to Modern Tire. i 3. improve specifications and authorize advertisement for bids for traffic control signs , I. C. 51-296. t City Engineer Jull ie explained _that the City is ready to proceed with the signing program and that the program is 90% reimbursable. Jullie requested authorization by the Council to advertise for bids for signs and explained that the City crews will make the installations. MOTION: Pauly moved, seconded by Meyers, to approve specifications and authorize advertisement for bids for traffic control signs, I.G. 51 -296. Motion carried unanimously. 4. City of Chanhassen request to connect to the Eden Prairie Duck Lake - I- Trunk Sewer. City Engineer Jul l i e spoke to his memo dated October 8, 1976, and Chanhassen' s offer of $25,000 to connect to the Eden Prairie Duck Lake-I sanitary trunk sewer. General discussion took place among Council members as to their strong opposition to accepting the $25,000 offered by the City of Chanhassen. MOTION: Pierce moved, seconded by Pauly, to instruct staff to communicate to the. City of Chanhassen the fee for Chanhassen to connect to the Eden Prairie Duck Lake-I sanitary trunk sewer to be in the amount y of $75,000. Motion carried unanimously. F. Report of Finance Director 1. Clerk's License List dated October 12, 1976 MOTION: Meyers moved, seconded by Bye, to approve the Clerk ' s License List dated October 12, 1976. Motion carried unanimously. 2. P___,yment of Claims Nos. 2633 - 2729. MOTION: Bye moved, seconded by Meyers , to -approve Payment of Claims Nos. 2633 - 2729. Roll Call Vote: Bye, Meyers, Pierce, Pauly and Penzel voted "aye". Motion carried unanimously. VI . NEW BUSINESS No new business, VII . ADJOURNIMENT.MOTION: Bye moved, seconded by Meyers , to adjourn the meeting at 10:35 PM. Motion carried unanimously.