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City Council - 11/15/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 15, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane , Planning Director Chris Enger, Director of Public Warks Eugene A. Dietz , Director of Public Safety Jack Hacking, Police Captain Keith Wall , and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I . COMMENDATION FOR RICK RABENORT/BUCK AND JIM MATSON/HAWKEYE Mayor Penzel asked Director of Public Safety Hacking to explain what the dogs and their trainers have done. Hacking then introduced Officers Rick Rabeno rt and Jim Matson and their dogs Buck and Hawkeye as well as the wives of the officers. Penzel presented a letter of commendation to each of the officers and expressed appreciation on behalf of the citizens of Eden Prairie to the officers and their families for the hours of training in addition to their regular working hours which are spent in this endeavor_ Janet Koch of Black River Falls , Wisconsin, was also introduced. Penzel presented her with a letter of appreciation for the hours which she has spent assisting our K-9 units with their training programs . Hacking introduced Tom Myers, President of the Crime Prevention Fund. The Crime Prevention Fund has paid for the equipment, travel expenses , and mis- cellaneous expenses which have been incurred by the K-9 program; these expenses have not come out of tax dollars. Buck demonstrated his ability to assist in locating a "foreign substance" by locating marijuana which had been placed in the Council Chamber. City Council Minutes -2- November 15, 1983 II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. A. Penzel - 1. _ Location of Meetings in January, 2. Liquor License Terms and Method of P_,ymegt; and X. A. Lease Arrangement - Rosemount MIDB. The following item was removed from the Agenda and continued to December 6 , 1983: VII . A. South_ Hennepin Human Services Council - Mary Hayden and Rose- mary Dysinger. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. i III. MINUTES OF THE NOVEMBER 1, 1983, CITY COUNCIL MEETING MOTION: Redpath moved, seconded by Anderson, to continue action on the Minutes of the November 1, 1983, meeting of the City Council so additions and corru-ctions could be made. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk' s License List B. Change Order #1, Brookview Circle, I.C. 52-040 C. Des_ nate Eden Prairie Road (between CSAH 1 and TH 169)�as part of the Municipal State Air-& tem —(Resolution No. 83-281) tT D. Final Plata roval for Massee Addition _(Lot Repl at in Edenval a 15th Addition (Resolution No. 83-282 E. Chan a Order #2, I.C. 51-308A-2 F. Change Order #1, I.C. 51-308C G. Change Order #5, I .C. _52-025 H. Set Public Hearin for easement vacations in Ridgewood West for December 6, 1983, at 7:30 p.m^ I . Final approval of Municipal_ Industrial Development Bonds for BBS Partner- in the amount 6f1,750,000.00 Resolution No. 83-2867-- MOTION: Redpath moved, seconded by Anderson, to adopt items A - I on the Consent Calendar. Motion carried unanimously. c City Council Minutes -4- November 15 , 1983 City Manager Jullie stated notice of this Public Hearing had been published and notices had been sent to property owners within the project vicinity. Ron Krueger, proponent, addressed the proposal . Director of Planning Enger noted this request had been reviewed by the Planning Commission at its October 24, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the Planning Staff report dated October 21, 1983. Enger indicated this request had been reviewed by the Parks, Recreation & Natural Resources Commission and it had suggested the area along the slope on the northeast side of the proposal be described and covered by a scenic easement within the conservancy area of Purgatory Creek. Enger said there has been additional concern regarding the location of the access to County Road 4; work has been done in an attempt to resolve these concerns. Enger reviewed the various alternatives and explained the pros and cons of each. He noted that the fewer intersections along County Road 4, the better; that was the a reason for looking into alternatives. He stated that the property owner to the south had been consulted as to his plans for that property and that is how the alternatives had been developed. Another question to be resolved is how to save the trees. Krueger reviewed the rationale for how the site plan was determined. Anderson asked which proposal would have the least impact on the land. Enger said that would be the proposal as presented by Krueger. Penzel s asked which would have the least impact on traffic safety. Enger said the plan which would limit access to County. Road 4 to one intersection. Anderson asked about the feasibility of a right-in, right-out turn only. ` ._ Enger said that would not present the best situation, but it would not be an unduly hazardous situation either. Krueger said the County has said the right-lane turn at the Duck Lake intersection will have to remain. Enger said the possibility of having County Road 4 a four-lane road through this section of Eden Prairie will have to be looked into. i Bentley suggested the developer come back to the Council with a redrawn plan. Penzel said Krueger should work with the property owner to the south to make some adjustments to the plan; he noted he is in favor of the Hidden Ridge concept. Redpath asked when the realignment of Duck Lake Road would be done. Director of Public Works Dietz said that will be done this coming year. Tangen said he felt there were two issues which had to be examined: the environmental and safety -- and these two issues tend to conflict with each other. He said he felt a decision could not be made at this time because the details were not available; he said he would like this referred back to Staff so these details can be worked out., MOTION: Tangen moved, seconded by Anderson, to continue this Public Hearing to December 6, 1983, and refer this back to the developer and - City Staff for further consideration. Motion carried unanimously. C g City Council Minutes -3- November 15, 1983 V. PUBLIC HEARINGS A. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $4,000,000.00 FOR JAMES REFRIGERATION COMPANY Resolution No. 83-285 N_ -- - - - City Manager Jullie stated notice of this Public Hearing had been published. Charles James, proponent, was present to answer questions . Also present was John Hickerson, Allison-Willians Company, proposed original purchaser of the bonds. There were no comments from the audience. i Bentley asked about the status of the City' s establishment of a reserve fund. Jullie said he had sent out letters of inquiry to other communities and had received four responses. These will gc to the Development Commission for its review and then will come before the City Council . MOTION: Bentley moved, seconded by Redpath , to close the Public Hearing and to adopt Resolution No. 83-285, relating to the authorization and issuance of revenue bonds of the City under M'nnesota Statues , Chapter 474, for the purpose of financing a project thereunder; giving preliminary approval to the project and authorizing an application by the City to the Minnesota Energy and Economic Development Authority. Motion carried unanimously. B. PUBLIC HEARING FOR S & S _LAND COMPANY JSHERMAN & SOREM RELATING TO THE TAX EXEMPT FINANCING REGULATION �TEFR City Manager Jullie indicated notice o- this Public Hearing had been published. Finance Director Frane said the purpose of this Hearing was to conform with new IRS rules which became effective after the City' s MIDB approval for this project and prio to the closing. Bill Sherman, S & S partner, 7575 Corporate Way, said they are trying to comply with the law and it is necessary to go through this procedure. There were no comments from the audience. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing. Motion carried unanimously, C. HIDDEN RIDGE by Ron Krueger _and Dick Mackenzie. Request for Zoning District Change Pram Rural to R1-13. 5 and Preliminary flat of 10.3 acres for 11 lots. Location: east of County Road 4 at Duck Lake Trail . (Ordinance No. 55-83 - rezoning and Resolution No. 83-283 - preliminary plat) . Y - City Council Minutes -5 November 15, 1983 D. REQUEST FROM JOHN LIEPKE FOR COUNCIL REVIEW OF BOARD OF APPEALS & l ADJUST_MENTS DECISION ON VARIANCE NO. 83-33 City Manager Jullie said notice of this Public Hearing had been published. He reviewed the file on this request. John Liepke addressed the request noting this was a unique situation. The address of the home is 15208 Scenic Heights Road and was built in 1890. He said it was one of the oldest homes in Eden Prairie. He noted he would like to build a deck and reviewed the plans of what was proposed. Liepke said he understood there was a "grandfather" clause. City Attorney Pauly explained that the "grandfather" clause applies to non-conforming uses -- those properties which do not presently conform to proper set- backs, etc. , and existed prior to the passage of a particular Ordinance; it is a non-conforming use as long as the use is not expanded -or changed and therefore is allowed to continue in that form. Pauly explained that because Liepke is intending to expand, he is subject to the terms of the Ordinance. Redpath asked if Liepke has attempted to meet with his neighbors as per the request in the Minutes of the Board of Appeals & Adjustments. Liepke said he had not; he said he did not feel he had gotten a "fair shake" from the Board of Appeals & Adjustments and therefore chose to come before the Council . Bill Gilk, 15212 Scenic Heights Road, said this has been a long, drawn out project. He said he felt a 15' setback was quite adequate. He stated the design of the deck does not conform to the design of the old farm house. He noted that this has strained relationships in the neighborhood and has created a negative impact. He asked the Council to take into consideration the work of the Board of Appeals and Adjustments. He said he felt the deck constituted more than just that -- it is an addition to the home. He said it would have a negative impact on the neighborhood. Raymond Rannow, 15210 Scenic Heights Road, asked Liepke if he intended to cantilever the deck over the footings and if the footings would be 15' from the property line. Liepke said it would be 15' back or 20' back from the easement and according to the plan which had been presented to the Board of Appeals & Adjustments. Rannow said he was not happy with the plan. Ethel Wokash, 15214 Scenic Heights Road, said her husband' s main concern { is about the run-off from the second story roof and its effect on the road which is private and must ba maintained �Y the residents. Liepke said he would repair the road if there were problems . City Council Minutes -6- November 15, 1983 Tangen asked what the side-yard setbacks would be in an R1-22 District. Enger said 15' . Tangen said he felt this neighborhood had the characteristics of that type of neighborhood (R1-22) and while the neighbors might not feel the C deck to be aesthetically acceptable that is a matter of personal opinion and he would be inclined to grant the variance. Bentley said he questioned the precedent setting aspect involved in this decision -- does the Council take action or not. He reviewed the findings of the Board of Appeals and Adjustments. Redpath said no matter which direction Liepke were to add on to his home he would offend someone because there are neighbors on all sides. He suggested Liepke make a final attempt to work out something with the neighbors and come back before the Council in two weeks. Anderson said he had a similar problem with an addition to his home whereby he was unable to get a building permit due to restrictions on homes in his neighborhood. He said there should be uniform enforcement. Penzel said he felt the rules should be applied uniformly and there is time for compromise with the neighbors. " MOTION: Redpath moved, seconded by Anderson, to continue this Public Hearing to December 6, 1983, to allow time for Liepke to work with his neighbors on a solution to his deck problem. Motion carried unanimously. VI . PAYMENT OF CLAIMS NOS. 10522 - 10745 t, MOTION: Redpath moved, seconded by Penzel , to approve the Payment of Claims Nos. 10522 - 10745. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. Motion carried unanimously. VII. REPORTS OF ADVISORY COMMISSIONS A. South Henne in Human Services Council - Mary Hayden and Rosemary D sin er This item was continued to the December 6, 1983, meeting. VIII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Alex Dorenkemper regarding denied shooti9.g_permits Penzel noted Dorenkemper' s letter of November 10, 1983, (see attached) regarding the denied shooting permits. Alex Dorenkemper, 18925 Pioneer Trail , reviewed the points expressed in his letter. City Attorney Pauly said there were considerations of safety involved which he felt could be best expressed by Captain Keith Wall . Wall referred to his memorandum of November 14, 1983, in which the request was addressed (see attached. ) City Council Minutes -7- November 15, 1983 Redpath said he was willing to go along with the recommendation of the Public Safety Department because it has the wherewithal to make these decisions. City Attorney Pauly said the City Council has the authority to take into consideration the public safety issue. 5 Anderson said he felt it was irresponsible to be in favor of hunting o with rifle slugs in the City of Eden Prairie. Penzel said he had calls from people who were concerned that hunting was going on in the City. He said there is also a problem with controlling where hunters might be. He said this request might bring to a head the decision as to whether or not hunting of any kind is appropriate in Eden Prairie. Walter Bentz , 9802 Crestwood Terrace, relayed his experience with hunters in the area and expressed concern about the number of children who use the various outlots for play areas . He stated it is a dangerous situation to mix the recreational use of the outlots with hunting. Tom Jensen, 9806 Crestwood Terrace, said he did not feel the residents should have to be exposed to this type of danger. He said he cannot afford to outfit his children in blaze orange. Jerry Harris 9844 Crestwood Terrace, said he did not know how this got to this point because it is such a dangerous issue. Penzel explained that as the City has developed the City has restricted hunting more and more. Hunting zones were created to allow such in some areas of Eden Prairie. The City Council must now decide if this is still viable; more specifically, is this particular request appropriate. Jill Grier, 9848 Crestwood Terrace, expressed concern for her three children and dog. ) Sonja Brown, 9869 Crestwood Terrace, said she is fearful of hunters in her backyard; this is where her children, as well as other neighborhood children, play. She said hunting is far too dangerous to be allowed here. Penzel asked Director of Public Safety what the experience has been this Fall relative to hunting in the City. Hacking said there have been a few complaints which Captain Wall has personally handled. The complaints, in general , have come from the area immediately south of City Hail , He said' he thought the situation should be studied. , l J b ,: City Council Minutes -8- November 15, 1983 Bentley asked if there was anything in the zoning ordinance which pre- cluded it. Pauly said that is inherent in the ordinance and the process of acquiring a permit that the activity for which the permit is sought not be potentially dangerous, and if it found that it is then the request for the permit can be denied. Redpath said he would have to believe that Captain Wall had good reason to deny the request. Bentley said he was only trying to draw an analogy between types of ordinances. There was discussion as to what types of ammunition were used in various weapons. Pauly said he would suggest the Council , if it should determine the request should be denied, give consideration to interpretation as well as the saf�-ty factor. MOTION: Tangen moved, seconded by Redpath, to deny the permit on the basis that the characteristics of the weapons used and other public safety factors deem such action necessary. Anderson said since the City has a permit system, it would appear that the City has a process under which permits could be revoked. Wall said the Public Safety Department may issue a permit, the ordinance does not say the Department shall issue a permit. VOTE ON THE MOTION: Motion carried unanimously. 4 MOTION: Redpath moved, seconded by Anderson , to establish a citizen's committee to review the situation. The matter will be referred to Staff. Wall suggested the original hunting committee be reconvened since most of the members of that committee still feel they are members of a standing committee. VOTE ON THE MOTION: Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Repo ts _ f Council Members Penzel - 1 . Expressed displeasure with the action taken at the November Tst­Council Meeting regarding the location of Council meetings in 1984. He said he would like to see the Council leave its options open. Bentley said he would like to see the decision left to the City Manager. Tangen E pointed out the discussion relative to the parking situation at the Community Center. Anderson said he would not like to see the public inconvenienced by the parking situation at the Community Center either. MOTION: Tangen moved, seconded by Redpath, to hold meetings of the City Council beginning with the January 3, 1984, meeting at the School Admini- stration Building for a period of three months. Motion carried unanimously. � 1 x t.i i City Council Minutes -9- November 15 , 1983 2. Liquor License Terms and Method of Payment - Penzel said he would like to explore the possiblity of splitting the liquor license fee { so that a could be paid in January with the second half then due in June. He noted that this would make payment easier for some license holders who find the $7500 fee difficult to come up with in January. Bentley said he would like to know what the requirements are accord- ing to State Statutes. He also suggested the City review what is done by other cities in the metro area. The matter was referred to City Attorney Pauly for his review. B. Report of City Attorney 1 There was no report. i 3 C. Report of Cityi Manager There was no report. X. NEW BUSINESS A. Lease Arrangement - Rosemount MIbB Finance Director Frane reported this was a perfunctory matter and was necessary due to new requirements. MOTION: Tangen moved, seconded by Bentley, to approve the waiver agreement. Motion carried unanimously. XI . ADJOURNMENT q MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10:33 p.m. Motion carried unanimously. mx� .