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City Council - 01/18/1977 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 18, 1977 7:00 PM, CITY HALL s COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Dave Osterhol t Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Engineer Carl Jul l ie; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. ";PPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS he following items were requested to be added to the agenda under the "New Business" category: t i A. Amendment to Community Development B1 ock Grant j B. City Manager's Salary _ a C. Discussion on commercial corners in Eden Prairie MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. 3 I " i NUTES A. Minutes of the Council Meeting held Tuesday, December 28, 1976. MOTION: Osterhol t moved, seconded by Meyers, to approve the minutes of the Council meeting held Tuesday, December 28, 1976, as published. Motion carried unanimously. B. Minutes of the Council Meeting held Tuesday, January 4, -1977. Pg. 3, para. 3, strike "carried" and insert "failed". Pg. 7, item C.1 , 3rd line, after "and" strike the remainder of the line and insert in lieu thereof: "a written agreement from the contract for deed vendor to proceed with". MOTION: Osterhol t moved, seconded by Bye,, to approve the minutes of the Council meeting held Tuesday, January 4, 1977, as amended and published. Motion carried unanimously. a R. Minutes of the Council Meeting held Tuesday, January 4, 1977 (continued) MOT ION: Pauly moved, seconded . by Bye, to reconsider the minutes of January 4 , 1977. Motion carried unanimously. MOTION: Pauly moved, seconded by Osterholt, to strike the langauge in item 3. (a) after "frequency. " in Resolution No. 1243 which is an attachment to January 4th Council minutes, and to approve the minutes with this amendment. Motion carried unanimously. III. PETITIONS, REQUESTS & COMMUNICATIONS Y" a A. Request from Vernon J. Seck and Cedric L. Warren for a private off-sale 7 i uor 1 icense. City Manager Ulstad spoke to request from Mr. Seck and Mr. Warren for a a private off- sale liquor license, explaining that the original request from these gentlemen was received by the Council on October 26, 1976. Ul stad further requested that this matter be continued until Finance Director Frane is in a position to outline our Cash Balance status in the General Fund. MOTION: Osterholt moved, seconded by Pauly, to continue this matter to the March 15, 1977 Council meeting pending information from Finance Director Frane. Motion carried unanimously. B. Carnes_ RLS ,_req_uest for ao)roval of a RLS of Tract_F of RLS �1421 into 6 lots. The apUrox imate 5. 5 acre site is located north of lots 10-11' Willow Creek Addition. Planner Putnam explained that the Planning Commission reviewed this request on December 27th and did recommend approval as submitted based on conditions outlined in Engineer' s Report dated 12/23/76. Jerry Carnes spoke to his request and answered questions of Council members . MOTION: Osterholt moved, seconded by Pauly, to continue this request unti 1 March 1 , and refer this matter to the C ty Attorney for an opinion on the affect of the easement on property to the north. Motion carried unanimously . Y Pauly expressed her concern that motorized traffic will be using Willow Creek Road as a way to get to Bryant Lake Park and she would like Director of Community Services Jessen' s opinion if it would be better to put a fence and chains and say no motorized traffic , or if it would be better to be low key. City Attorney Perbix suggested the walkway be a separate parcel . IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 312, relating to the licensing of food establishments and setting health standards for food handling and amending Ordinance No 250. MOTION: Osterholt moved, seconded by Meyers, to approve the 2nd Reading of Ordinance No. 312. Motion carried unanimously. k z B. Resolution No. 77-8, relating to changing the "Green Acres" Tax Law. City Manager Ul stad spoke to Resolution No . 77-8, relating to changing s the "Green Acres" Tax Law as requested by Council members, and explained that it might be appropriate to present this resolution, if adopted, to Senator John Keefe and Representative Douglas Ewald at the meeting to be held January 22nd at the City Hall of Minnetonka. Council members agreed with this idea. s MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-8, relating to changing the "Green Acres" Tax Law. Motion carried unanimously. (Resolution No. 77-8 as adopted attached as part of the minutes ) . John Bren, 6732 Rowland Road, spoke in favor of Resolution. No. 77-8. C. Resolution No. 77-4, Joint Resolution Establishing the Hennepin County Criminal Justice Coordinating Council_ City Manager Ulstad spoke to Resolution No . 77-4 and recommended approval of same. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-4, Joint Resolution Establ :shi ng the Hennepin County Criminal Justice Coordinating Council . Os terhol t , Bye, Pauly and Penzel voted "aye" , Meyers voted "nay" . Motion carried. i' Meyers felt the Metropolitan Council has the same type of body and wondered if that body would overlap with Hennepin County's activities. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1 . Meyers informed the Council that Tom Cebulla, a member of the Board of Appeals and Adjustments, has moved out of state_ 2. Penzel reported on the following: a. River Crossing Adhoc Committee recently held a meeting to consider a temporary structure for the Bloomington Ferry Bridge if certain legalities can be overcome. b. Chemical Dependency meeting on Thursday, January 27, 4:00 PM at the High School . C. Request from the Minnetonka Community Services for five at-large members to serve on their board - meeting to be held January 20 at 7:30 PM. ; B. Report of City manager r I . Discussion of Ordinance No. 202, licensing and regulating the sale of intoxicating liquor. City Manager Ulstad requested verification of his interpretation of Ordinance No. 202 as to eligible uses that the City would consider in the issuance of an on-sale liquor license. d By unanimous consent the Council felt the ordinance was very clear in its definition in that it specifically speaks to restaurants and hotel s/motels with restaurant facilities . 2. Local 49 Strike Status City Manager Ulstad distributed a chart to Council members which outlined the two offers made to and rejected by union membership, one on December 7, 1976, and the other on January 11 , 1977. Tom Bartel , Eden Prairie News , questioned why the City was reluctant to go to binding arbitration. Ulstad replied based on some basic principles , when you submit to compulsory arbitration it leaves the incentive by the wayside. C. Report of Director of Community Services I. Coopers t i tie_Agreement with Nine-Mile Creek Watershed District regarding Par k_ Improvement Project_ City Manager Ulstad spoke to the cooperative agreement and noted Director of Community Services Jessen 's memo recommending approval of same. A change was requested in the agreement on page 3, 2nd para . , strike "September 1 , 1976" and insert"September 1 , 1977"_ Osterholt requested that staff research the agreement between Eden Prairie and NSP pertaining to their main power line and see if anything in the agreement concerns landscaping. MOTION: Meyers moved, seconded by Bye, to approve the Cooperative Agreement with Nine-Mile Creek Watershed District regarding the Park Improvement Project. Motion carried unanimously, D. Report of Planning Director 1. Planned Unit Development, Zoning, and Preliminary Plat Procedures City Manager Ulstad explained that in November of 1976 staff did submit these procedures to the Council. At that time the Council accepted and reviewed these procedures and made some suggested changes. and the Council further requested these procedures be submitted to the Planning & Zoning Commission. b r F 1. f'l�nned Uni t De vela )Invent, Zoning , and Preliminary Plat Procedures • �c grit i nued� � j t Planning Director Putnam stated that the Planning & Zoning Commission has recommended approval of these procedures. 5 Perbix explained that if the Council approves generally of one or all three of these procedures that have been presented, that he would put them in a form for adoption and would not change them substantially, but would change language to conform with ordinance form. Meyers requested several changes to be incorporated in the procedures. Osterholt questioned what the problems are with the procedures we are using now. Perbix explained that we are putting in a documented form what we are practicing now. x. Pauly questioned why we couldn ' t just adopt these procedures in the form of a resolution. Perbix explained that PUD's are part of zoning and if we are going to enforce them they should be in the form of an ordinance. Osterholt asked if these procedures couldn 't be done in simplier language. Bye, too, expressed his opinion that the language should be shortened and put in proper form. Penzel explained that he has been talking to a number of people in the development business and they have strongly urged the adoption of a more formal document, preferably in the form of an ordinance. MOTION: Bye moved, seconded by Osterholt, to refer this matter to the staff and to the City Attorney with the suggestions made by the Council and to formalize a preliminary draft document to be placed on the agenda when completed. Motion carried unanimously. Bye stated we are anticipating receiving this document in March, but would like a progress report before that time. 1 E. Report of City Engineer 1. Receive petition and set hearing date for vacation of Earl Drive plus the drainage and utility easement in the plat of Topview Acres 1st Addition. City Engineer Jullie spoke to Resolution No. 77-6 and" recommended approval of same. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-6, setting a public hearing for February 15, 1977 to consider the vacation of Earl Drive and the drainage and utility easements in Topview Acres 1st Addition. Motion carried unanimously. i `.j 2. Receive petition for storm c, -ier and street improvements in the vicinity of T. H. 5 and County Road 4, I .C. 51-298. City Engineer Jullie spoke to Resolution No . 77-7, ordering preparation of a feasibility report on Project I .C. 51-298 and recommended approval of same. MOTION: Meyers moved, seconded by Bye, to adopt Resol uti-on No. 77-7, ordering preparation of a feasibility report on Project I.C. 51 -298 provided that the petitioners for the project agree to pay the cost for the feasibility study if the project is not ordered in. Lotion carried unanimously. F. Report of Finance Director 1. Payment of Claims Nos . 3360-3364; and 9501-9592. MOTION: Osterhol t moved , seconded by Bye, to approve Payment of Claims Nos. 3360-3364; and 9501-9592. Roll Call Vote: Osterhol t, Bye, Meyers, Pauly and Penzel voted "aye" . Motion carried unanimously. . VI . NEW BUSINESS A. Amendment to COMMUnity Development Block Grant MOTION: Osterhol t moved, seconded by Bye, to add dutch elm reforestation on our public land as a 4th item to the Community _ Development Block Grant. Motion carried unanimously. Planning Director Putnam asked for clarification from the Council as to what type of dollar amount out of the $48,500 the Council is thinking about. Meyers responded it was her feeling to set a standard and that we won' t develop either of the neighborhood parks any better or further than at Prairie View, then to go to the next project. B. City Manager' s Salary MOTION: Meyers moved, seconded by Osterholt, to discuss the City Manager's salary the lst Council meeting in March. Motion carried unanimously. C. Discussion on commercial corners in Eden Prairie Pauly referred to an article she received at the Planning & Zoning Commission which spoke to an ordinance which Sioux City, Iowa has adopted whereby if- there is a corner in that city with commercial , there shall be no commercial development on the other three corners. She asked if the Council would be interested in pursuing this idea. Penzel requested that this article be supplied to the rest of the City Council . __ - k C. Discussion on commercial corners in Eden Prairie (continued) Consensus of the Council was to direct staff to investigate such an idea. Bye suggested that when researching this idea, that people who do this for a living be contacted, i .e. , Red Owl and Standard Oil . VII .ADJOURNMENT MOTION: - Osterholt moved, seconded by Bye, to adjourn the meeting at 9AO PM. Motion carried unanimously. 4 x