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HomeMy WebLinkAboutCity Council - 10/04/1977 4 5 Y • 5 f APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 4, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, w Dave Osterholt and Sidney Pauly 7 COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; City Engineer Carl Jullie; and _ Recording Secretary Joyce Provo INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the Council agenda: A. Brief discussion on Golf Vista under "New Business" B. Communication from attorney for Vale Woods requesting Cit to absorb the special assessments from one lot under City Attorney ` C. Tree Disease Ordinance proposed by the Parks, Recreation & Natural Resources Commission under 'New Business" MOTION: Osterholt moved, seconded by Bye, to approve the agenda as amended and published. Motion carried unanimously. II . MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 1977 Pg. 3, 2nd paragraph, lst line, strike "Valley View Road" and insert "Ticonderoga Trail " . Pg. 8, 3rd para. , 1st line, strike "pepple" and insert "people". Pg. 10, lst para. , strike "Not discussed" and insert in lieu thereof "Not provided for in our present form of government." MOTION: Osterholt moved, seconded by Bye, to approve the minutes of the Regularly Scheduled Council Meeting held Tuesday, September 6, 1977, as amended and published. Osterholt, Bye, Meyers and Penzel voted "aye" , Pauly "abstained". Motion carried. III . PUBLIC HEARINGS A. 1977 Special Assessment Hearing (Resolution No. 77-122) City Engineer Jullie spoke to his memo dated 9/30/77 outlining the changes made in the draft Resolution No. 77-122 which was submitted to the Council on 9120177. Council Minutes - 2 - Tues. ,Oc tober 4, 1977 A. 1977 Special Assessment Hearing (continued) Jullie referred to a letter received from Attorney Paul H. Anderson on behalf of Mr. & Mrs. Calvin Anderson pertaining to Trunk Water and Sewer Assessments: Section 14, Parcel 0500 and Section 15, Parcel 9520, requesting deferment of assessments on aforementioned parcels. Jullie stated that because property does not have one or more utilities he would question it as a valid reason for not levying the assessment. Pauly asked if request of Mr. Anderson could be considered if he shows reasons why property is unbuildable. Jullie replied in the affirmative. Osterholt questioned why the flood plain areas have been deleted and how does this affect the values of those properties if and when the City shows an interest in the Purgatory Creek Corridor acquisition? City Manager Ulstad responded it places the City in a negotiable position at the time a request may be received to develop property. City Attorney Perbix added the test in acquisition gets to be what is the highest and best use of the property, further stating in our flood plain we have very restrictive uses and it is a type of zoning in effect. Perbix noted the ordinances set out what you can and can' t do and that assessments are levied as a benefit of the property - if there is no benefit, there should be no assessments. Perbix commented that the flood plain does not prohibit all types of development, it eventually restricts the type of development. The flood plain assessment shouldn' t be the same as single family detached. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 77-122, approving the 1977 Special Assessments. Meyers, Bye, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. B. Garrison Forest 2nd Addition, The Preserve, request to rezone from Rural to R1-13.5 and preliminary plat 43 lots on approximately 25 acres , 1 William Bale, legal counsel for The Preserve, explained that The Preserve is agreeable that no part of the parkland will be taken for the widening of Anderson Lakes Parkway. The Garrison Forest 2nd Addition plat has been revised and the Planning Commission has approved the rezoning of this property as presently before the Council . The Preserve will give the City a letter in a form satisfactory to the City Manager and City► Attorney that this entire widening (60 foot strip) will come off The Preserve property; however, in the event the City decides not to use the land, The Preserve requests that it be reverted back to them; Mr. Bale. further requested that, if the Council so desires,reconsideration be _gixen the Amsden Hills proposal which was denied by the Council un August 16, 1977 because of the widening of Anderson Lakes Parkway. General discussion took place regarding cash park fee or land in lieu therecf, and density tradeoffs. Osterholt expressed his concern that the cash park fee is still a feasible matter and should be paid by the developers in the three PUD areas (The Preserve, Edenvale and Hidden Ponds). Bale responded that The Preserve is working under the assumption that this particular land was within the original PUD and no additional cash fee was required for this plat. 's. s7a., Council Minutes - 3 - Tues. ,October 4, 1977 A B. Garrison Forest 2nd Addition The Preserve request to rezone from Rural to R1-13. 5 and preliminary plat 43 lots on approximately 25 acres continued =' Y Meyers asked if the right-of-way cowld be left the way it is until the City needs it, or should it be platted and deeded over to the City now. Perbix responded The Preserve would have no objection of deeding the right-of-way to the City with the reversion clause in it, and that we have taken property with a reversion clause on it before. Lee Johnson, The Preserve, outlined the trails in the proposed project. Fred Baumann, 10805 Valley View Road, questioned if the 90 degree turn in the development road is intended to be extended. Putnam stated that it gets back to what happens with the road. •1 Baumann further questioned if there could be another access built to the open space. Putnam explained that it is over 600 feet from that area to the intersection and could certainly have an in-out, and there would be an opportunity at this time to have an access to County Road 18 on the southerly property line. The other question is what is going to happen- with County Road 18, and Putnam stated that is another reason leaving the land vacant seemed to make sense to the Commission. MOTION: Meyers moved, seconded by Bye, . to close the Public Hearing and give a 1st Reading to Ordinance No. 77-33, rezoning from Rural to R1-13.5 for approximately 35 single family lots , Garrison Forest 2nd Addition, The Preserve. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-118, approving the preliminary plat for 35 lots for Garrison Forest '2nd Addition, The Preserve, with the understanding that the City would have the option when the matter is resolved of assessing the cash park fee. Motion carried unanimously. MOTION: Meyers moved , seconded by Pauly, to direct the City Attorney to draft a rezoning agreement for presentation before the 2nd Reading of Ordinance No. 77-33, including that the additional right-of-way for widening Anderson Lakes Parkway will come south of the existing roadway, a reversion clause, The Preserve be required to sign the vacant land on the northeast portion of the plat saying it is potential non-residential development, and that if the vacant land does not develop single family detached, a buffer and screening treatment will be required by the City at that time between the two non- complimentary uses, and that the City has the opportunity to assess the cash park fee if so resolved. Motion carried unanimously. ---------------- MOTION: Osterholt moved, seconded by Pauly, to reconsider the Council 's action of August 16, 1977 denying the Amsden Hills 2nd Addition rezoninq. Motion carried unanimously. MOTION: Osterholt moved-, seconded by Pauly, to set 'December 1 , 1977 as the Public Hearing date for Amsden Hills 2nd Addition and republication of same. d Motion carried unanimously. Council Minutes - 4 - Tues. ,October 4, 1977 C. 1978 City Budget (Resolution No. 77-130) Discussion took place as to how effective the City' s newsletter, HAPPENINGS, is to our community, and how many publications should be sent out each year. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-130, certifying the 1977 tax levy, collectable in 1978. Motion carried unanimously. D. Crosstown Industrial Park by Frank Cardarelle, request to ► ' preliminary plat 12 acres into 3 lots and rezone from Rural to I-2 Park . b Frank Cardarelle, the proponent, outlined the proposal and answered questions of Council members. Meyers questioned if the entrance road to the parcel is going to be wholly on Mr. Cardarelle's property. Mr. Cardarelle answered in the affirmative. Osterholt asked if the proponent anticipated any permits for mining. Mr. Cardarelle stated there would be no mining on this particular piece of property in question. City Planner Putnam spoke to the actions taken by the Planning Commission at their meeting held August 22, 1977, whereby approval of the proposal was recommended. MOTION: Bye moved, seconded by Osterholt,to close the Public Hearing and give a 1st Reading to Ordinance No. 77-34, rezoning 12 acres into 3 lots from Rural t4 I-2 Park for the Crosstown Industrial Park. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-129, approving the preliminary plat for Crosstown Industrial Park. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a rezoning agreement to include that the cul-de-sac be extended to the northeast corner of property to insure future development access off of Flying Cloud Drive, Outlot A not be zoned to I-2 Park, but should remain Rural until future platting of adjacent properties occur, and all industrial lots are subject to cash park fee. Motion carried unanimously. IV. REPORTS OF ADVISORY COMMISSIONS A. Report from Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission on the following: 1. Cash Park Fee Policy/Land Dedication requirements Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, spoke to memo dated September 30, 1977 regarding the Cash Park Fee/Parkland Dedication Policies. Osterholt felt there is nothing in the present polic that exempts the three PUD' s (Edenvale, Hidden Ponds and The Preserve, from paying the cash park fee. ��2a� Council Minutes - 5 - Tues. ,October 4, 1977 1. Cash Park Fee Policy/Land Dedication requirements (continued) General discussion took place regarding density trade-offs. Don Peterson, Edenvale, stated that Edenvale has been ready, willing and able to convey deeds to their property for several -years and will deliver these deeds when the City resolves this issue. He further explained there was never any discussion of park dedication fees at the r time this policy was adopted, and that Edenvale has agreed since then to dedicate more parkland than was originally requested. If the City chooses there should be cash dedication in addition to the gift of land, then Edenvale feels there should be a credit back to them. MOTION: Osterholt moved, seconded by Pauly, to refer this matter to Staff for a report on background information, to be reported back to the Council as soon as possible. Motion carried unanimously. 2. Edengate/Markum Properties and Purgatory Plan Richard Anderson, Chairman of the Parks , Recreation & Natural Resources Commission, spoke to memo dated September 30, 1977, and answered questions of Council members. Meyers questioned how long it would be before the application for funding would be approved. Mr. Anderson responded about a year. f Council received and filed memo dated September 30, 1977. a 3. Discussion on reaffirming the City's policy on liquor store profits Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, spoke to memo dated September 30, 1977, and answered questions of Council members. Anderson strongly stressed that the liquor store revenues be used for parks and recreation, and particularly for parks . Penzel stated that the Council adopted a position to use the funds for parks and recreation and/or Public Safety. Council received and filed memo dated September 30, 1977. V. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 77-32, renaming Garrison Way to Amsden Way MOTION: Osterholt moved, seconded by Bye, to give a 1st Reading to Ordinance No. 77-32, renaming Garrison Way to Amsden Way. Motion carried unanimously. B. 2nd Reading of Ordinance No. 77-19, Norseman Industrial Park, rezoning to acres from Rural to I-2 Park, preliminary plat approval , and rezoning agreement City Manager Ulstad explained that Staff has met with the propetirty owners in the Lake Smetana on two different occasions . The problem everyone is' facing is the transportation problem in that quadrant. Mr. Ulstad spoke to five alternatives outlined in memo dated September 22, 1977. Council Minutes - 6 - Tues. ,October 4, 1977 B. 2nd Reading of Ordinance No. 77-19, Norseran Industrial Park, rezoning 16 acres from Rural to I-2 Park, preliminary plat approval , and rezoning agreement continued Meyers stated that the Council in considering the Norseman rezoning agreement adopted alternative #1. } D William Bearman, 9955 Valley View, explained that Mr. Ulstad asked what the landowners would like to see, and in Mr. Bearman's opinion the landowners 7 would like to see the area remain the same. He further stated -View is upgraded, it affects the landowners because they would have to pay for it. By leaving Valley View in its present state, it serves all the people living there. Mark Fuller, legal counsel for Mr. Sciola, agreed with Mr. Bearman and would like the road to remain as is, and that he can see absolutely no reason why Mr. Sciola should be assessed greater amounts than already assessed for someone else's benefit. George Hoff, legal counsel for Mr. Helle, commented that Mr. Helle can in terms 14, of the road alignments live with alternatives 3 or 5. He further stated that what we are dealing with is rezoning of a 16 acre parcel and also this vast road system that is going on. The sticky point in the rezoning agreement is Mr. Helle is unwilling to dedicate the 40 foot right-of-way on the westerly f y portion of his property. Mr. Helle would be agreeable to redrafting the rezoning agreement and would dedicate property he owns which lies to the west of the subject property. MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd Reading of ' Ordinance No. 77-19, rezoning 16 acres from Rural to I-2 Park for Norseman Industrial Park and direct Staff to amend the rezoning agreement to reflect alternative #5. The amended rezoning agreement,including a written commitment to be received from Mr. Helle regarding road dedication,be signed by Mr. Helle prior to publication of the rezoning ordinance. ---------------- Finance Director Frane asked to be recognized for the purpose of announcing the vote of the School Bond Referendum - 1 ,528 "YES" votes, and 1 ,411 "NO votes. MOTION: Osterholt moved, seconded by Pauly, to call the previous question. Osterholt, Pauly and Penzel voted "aye", Meyers and Bye voted "nay" . Motion carried. VOTE ON PREVIOUS QUESTION: Osterholt, Pauly and Penzel voted "aye", Bye and Meyers voted "nay" . Motion failed. C. Resolution No. 77-133 amendment of Lease and Guaranty A reement for Industrial Development Revenue Bonds Physical Electronics Industries, Inc. . MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 77-133, amendment of Lease and Guaranty Agreement for Industrial Development Revenue Bonds (Physical Electronics Industries, Inc.). Motion carried unanimously. ,x 5723G- Council Minutes - 7 - 7ues. ,Uctober 4, 19// VI .REPORTS OF OFFICERS, BOARDS & COMMISSIONS ` A. Reports of Council Members 1. Appointment of 2 members to the Development Commission (1 term to expire 2/28/78, and 1 term to expire 2/28/79 ;s Penzel recommended the appointment of Dennis Truempi as a member of the Development Commission for a term to expire 2/28/79. Bye recommended the appointment of Jerry Wigen as a member of the Development Commission for a term to expire 2/28/78. A MOTION: Osterholt moved, seconded by Pauly, to cast a unanimous ballot to appoint Dennis Truempi to the Development Commission for a term to expire 2/28/79, and Jerry Wigen for a term to expire 2/28/78. Motion carried unanimously. B. Report of City Manager 1. Award bids for City Hall expansion City Manager Ulstad spoke to memo dated September 30, 1977, and recommended the Council award the bid: to the lowest responsible bidder in each category. MOTION: Osterholt moved, seconded by Meyers , to award the bid to the lowest responsible bidder in each category as follows : General Contractor: Kranz Construction Company - $135,290; Mechanical Contractor: Grendahl - $32,625; and Electrical Contractor - $15,970, for a total of $183,885. Roll Call Vote Osterholt, Meyers, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Request to set a Public He for Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Michael Adams MOTION: Osterholt moved, seconded by Bye, to set November 1 , 1977 as the Public Hearing date for Olympic HIlls 3rd & 4th Additions by Olympic Hills Corporation and Michael Adams . Motion carried unanimously. 3. Dickey/Kodet/Architects - Concept design for fire stations City Manager Ulstad requested that this item be continued to a future Council agenda. MOTION: Bye moved, seconded by Osterholt, to continue the concept design for fire stations to a future agenda. Motion carried unanimously. C. Report of City Attorney 1. Dar mkemoer Lawsuit City Attorney Perbix reported on the Alex Dorenkemper lawsuit. Perbix _ _ stated he would be meeting with the attorney for George Hite, former City Manager. A Council Minutes - 8 - Tues . ,October 4, 1977 1. Dorenkemper Lawsuit (continued) This item was continued and direction was given to the City Attorney to report back to the Council after his meeting with Mr. Hite's attorney. 2. Communication from attorney for Vale Woods requesting City to absorb the special assessments from one lot Mr. Lindquist, representing Minneapolis Floral , requested that, because the lot they own in the Westgate area will never benefit from sewer and water, that the assessments of $2,168.80 be dropped. MOTION: Osterholt moved, seconded by Pauly, not to abate the assessment for the lot owned by Minneapolis Floral in the Westgate Addition, Lot 16, Block 7, as it is needed for access to the Vale Woods Addition for development. Motion carried unanimously. D. Report of Planning Director 1. Revised site plan for Edenvale Covenience Center at Valley View Road and Mitchell Road Ed Kodet, Dickey/Kodet Architects, spoke to the revised plan and answered questions of Council members . Osterholt expressed his concern that some of the berms and plantings could be a hazard. Planner Putnam replied that they could be kept back from Ir the corner. Charles James, James Refrigeration, displayed a photograph of the area and explained they would be leasing the property. He .further commented that the difference between a full service station and the service pumps proposed would be that this type of facility doesn't sell any car parts, has nothing outside, meets all pollution standards even further than Phase 2 of the Federal requirements, and is an essential part of this operation. Putnam explained that initially the difference was that there was heavy emphasis on the service station on this site, now the thrust is quite the opposite as they are going to office down playing of the gasoline business . 1 Don Peterson, Eden Land Corporation, noted that the Deo le who are proposing to build the Golf Vista project strongly support this C�ovenience Center. MOTION: Meyers moved, seconded by Pauly, to approve the revised site plan for the Edenvale Covenience Center and to instruct the City Attorney to draft a new developers agreement for this particular platting that will include the following: 1) recommendations of the Staff Report dated 8/11/77 as approved by the Planning Commission. 2) one pylon, 3) provision for trail access and bicycle parking, 4) address the concern of site distance needs at the intersection of Valley View and Mitchell as it relates to berming, 5) require the developer to pay the cost for turn lanes on Valley View and Mitchell , and 6) median cuts as outlined in Staff Report. Meyers, Pauly and Penzel voted "aye" , Osterholt and Bye voted "nay" . Motion carried. 57�� E. Report of Director of Community Services 1. Tennis Court Funding MOTION: Osterholt moved, seconded by Bye, to approve the grant to be received from the fiscal year 1977 Outdoor Athletic Court Development Fund of $11 ,100 for the construction of two tennis courts at the Forest Hills School Park. Motion carried unanimously. 2. 1977 Forestry Program - determination of subsidies City Manager Ulstad spoke to memo dated August 12, 1977 -from Chris Enger. MOTION: Osterholt moved, seconded by Bye, to authorize the expenditure of up to $20,000 to meet the commitment for 1977 _subsidies for eligible property owners with 5 acres or over. Osterholt, Bye, ileyers, Pauly and Penzel voted "aye". Motion carried unanimously. _} F. Report of City Engineer 1. Final plat approval for Woodland Addition (Resolution No. 77-131 ) Y MOTION: Pauly moved, seconded by Ostencclt, to adopt Resolution No. 77-131 , approving the final plat for Woodland Addition. Motion carried unanimously. J 2. Resolution to apportion MSA Funds to TH 109 Improvements (Resolution No. 77-1321 MOTION: Pauly moved, seconded by Penzel , for the appropriation of { Municipal State Aid Funds to TH 169 Project, I .C. 51-266. Roll Call Vote: Pauly, Penzel , Bye, Meyers and Osterholt voted "aye". Motion carried unanimously. G. Report of Finance Director 1 . Clerk's License List Dr. Anonsen appeared before the Council to request a private kennel license and answered questions of Council members. Dean Luke, 10450 Whitetail Crossing, Wayne Brown, 10200 Wild Duck Pass, and Gary Gilbertson, 10127 Wild Duck Pass, spoke in opposition to the issuance of a private kennel license to Dr. Anonsen as they stated the dogs run wild, had bitten people, and that he is in non-conformance with Ordinance No. 134. Penzel suggested that the dogs should be controlled or restricted, and if they are allowed to run at-large they should be under control , then the biting problem should cease to exist. MOTION: Bye moved, seconded by Pauly, to approve the Clerk's License List dated October 4, 1977, and instruct Staff to monitor the area around ' Dr. Anonsen's home as has been done on previous occasions and report back within six months . Motion carried unanimously. �r1 OTION: Pauly moved, seconded by Osterholt, to continue the Council meeting to 12:00 iidnight. Motion carried unanimously. is f 2. Payment of Claims Nos . 6994 - 7126 MOTION: Bye moved, seconded by Meyers, to approve Payment of Claims Nos. 6994 - 7126. Roll Call Vote: Bye, Meyers, Osterholt, Pauly and Penzel voted "aye" . Motion carried unanimously. 5�A3? Council Minutes - 10 - Tues. ,October 4, 1977 VII .NEW BUSINESS A. Brief discussion on Golf Vista t Pauly explained that Don Peterson, Edenvale, has brought in a revised site plan for Golf Vista and would like the Council to set a Public Hearing for same. MOTION: Pauly moved, seconded by Meyers, to set November 1 , 1977 as the Public Hearing date for Golf Vista. Motion carried unanimously. B. Communication from attorney for Vale Woods requesting City to absorb the special assessments from one lot Note: Please see this item under VI . C. Report of City Attorney. C. Tree Disease Ordinance proposed by the Parks, Recreation & Natural Resources Commission Penzel requested that the Tree Disease Ordinance be placed on the October 18, 1977 Council agenda. VIII .ADJOURNMENT MOTION: Osterholt moved, seconded by Bye, to adjourn the Council meeting at 12:15 AM. Motion carried unanimously. � I 5w3 K