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HomeMy WebLinkAboutCity Council - 06/17/1980 APPROVED MINUTES ` 4 EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 17 , 1980 7:30 PM, CITY HALL COUNCIL MEMBERS:, Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: Edstrom, Osterholt, Pauly and Redpath present; Penzel absent_ ?bsence of Mayor Penzel , the meeting was conducted by Acting Mayor Sidney Pauly. , ` APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were removed from the Regular Agenda and placed on the Consent Calendar: IX. D. 1. Receive and award bids for tennis courts at Round Lake Park and Prairie East Neighborhood Park and multi-use court at Top iev w Neighborhood Park; TTD. 2. Receive and award bids for the porch at the Senior Citizen Center - continued to July 15, 1980; IX. E. 1. Consider bids for improvements in Norseman Industrial Park 4th Additions I.C. 51-359 Resolution No. 80-119 _; and IX. F. 1. Request to set Public Hearing for Municipal Industrial Development Bond approval in the amount of 2 300 000.00 for Braun-Kaiser Company p PP , p y Tor July 15, 1980 MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. INUTES 1. Special City Council Meeting held May 27 , 1980 MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the Special City Council Meeting held May 27, 1980, as published. Motion carried unanimously. B. Board of Review Minutes from meetings held May 27 and June 10, 1980 MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the Board of Review meeting held May 27, 1980, as published. Motion carried unanimously. MOTION: Osterholt moved, seconded' by Redpath, to approve the minutes of the Board of Review meeting held June 10, 1980, as published. Motion carried unanimously. �( C. City Council Meeting held Tuesday, June 3, 1980 `�. Pg. 6, 9th para. , line 4, before "displayed" insert "stated he could move the rocks if fir. Irving so desired and"; Pg. 9, 1st para. , 2nd line, strike ''A typical ,,, and insert in lieu there "atypical". MOTION: Redpath roved, seconded by Edstrom, to approve the minutes of June 3. 1980, as amended and published; Motion carried unanimously, City Council Minutes - 2 Tues. ,June 17 , 1980 III . CONSENT CALENDAR 4 A. Request to set a Public Hearing for Anderson Lakes Parkway Neighborhood Stropping Center for July 15, 1980 B. 2nd Reading of Ordinance No. 80-12, rezoning 3 acres from Rural to Office for American Family Insurance Phase 2 Building by Rauenhorst and developer' s agreement C. Approval of N.S. P. substation developer's agreement D. Mn/DOT right-of-way acquisition offer for T H 169 Co. Rd. 1 , I.C. 51-311 permanent signal project at E. Receive petition and order feasibility report for improvements on Hilltop Road, I .C. 51-380 Resolution No. 80-117 F. Receive petition and order feasibility report for sewer and water extension nn Flying Cloud Drive and Willow Creek Road, I.C. 51-382 Resolution No. 80-118 G. Receive and award bids for tennis courts at Round Lake Park and Prairie East Neighborhood Park and multi-use court at To view Nei hborhood Park to Tennis West LTD in the amount of $30,984.00 as per memo dated June 12, 1980 (formerly item IX. 0. 1. ' Receive and award bids for the porch at the Senior Citizen Center - continuad to July 15, 1980 ormer y item TX. D. I Consider bids for improvement in !horseman Industrial Park 4 th Addition I .C. 51 -3 59 (Resolution No. 80-1 9 - formerly item IX. E. 1. J. Request to set Public Hearing for Municipal Industrial Development Bond approval in the amount of 2,300 000.00 for Braun-Kaiser Company for July 15, 1980 formerly item IX. F. 1. MOTION: Osterholt moved, seconded by Redpath, to approve items A - J on the Consent Calendar. Roll Call Vote: Osterholt, Redpath, Edstrom and Pauly voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Braun' s Fashions , Inc. by Rauenhorst Corporation. Request to rezone from Rural to I-2 and preliminary plat 9.95 acres into i lot and 1 outlot. Located north of Valley View Road across from 9955 Valley View Road (Ordinance No. 80-13 and Resolution No. 80-98) Continued from 6/3/80 City Manager Ulstad explained at the last meeting the Council raised some concerns relative to the transportation facility serving the area and also the overall land use of the northeast quadrant of the City. Ulstad stated at that time he would meet with the County Highway Department to talk about Valley View Road and the grade problem that presently exists in the area. Ulstad added City Staff did meet with Mr. Klossner of the County Highway Department on Monday, 6/16/80, and in the discussion of Valley View Road, specifically as it relates to the grade that affects the Braun property, Mr. Klossner raised the point about the traffic generation that is presently occurring at the intersection of Washington Avenue and County Road 18. Presently there are stop signs in this area that are causing some difficulty in the traffic movement to the point of where the warrants are very close to calling for signalization of this intersection, Discussion took place at this meeting about the tremendous grade and it was Mr. Klossner's opinion a grade change ought to occur regardless, and also the City ought to entertain a Public Hearing for the purpose of installing signals at this location. In addition the County wondered about traffic movements in the area. /ld"J City Council Minutes - 3 - Tues . ,June 17, 1980 A. Braun' s Fashions , Inc. (continued) n Ulstad explained Mr. Helle, who owns industrial property in the area, has agreed to P P P Y construct and dedicate a north/south road connecting West Ath Street and Valley View Road - thus giving an outlet for the Braun property both to the = south and back to the east. Also there would be movement to the west and they can actually get out up through the park property. There was a thought reviewed by the Highway Department on Monday, that possibly the proponent, if the Council so chooses to approve the Braun' s request, would be involved in the reduction of the grade which would eliminate reducing some of the hill to the north of the property which they are planning to do for balancing the site. City Planner Enger spoke to the surrounding land uses for the northeast quadrant. Redpath asked if the County suggested they would go ahead with Valley View Road. Ulstad replied either the County would go ahead and propose a joint agreement, or the City could proceed with an improvement - a portion of which would have to be assessed. Then the City/County would enter into an agreement on cost sharing. Ulstad feels the County would prefer that the City proceed. The signal would be included, probably under a separate contract, and the City would have to bear a portion of that cost. Redpath questioned what the effect would be on Shady Oak Road extended? Ulstad responded the County would not participate as Shady Oak is totally the City's project and is being assessed to the abutting property owners. Shady Oak Road is not designed to County road standards, it is designed to a 9-ton limit. Ulstad added a couple of years ago the City did acquire the triangular piece so the diamond interchange could be approached at somewhat of a reasonable angle. Osterholt asked when the road in Mr. Helle' s property is planned to be built in the southerly direction. City Engineer Jullie replied that would be tied to his next subdivision, i .e. , no more development without additional access. Robert Worthington, Rauenhorst Corporation, stated they were not made aware of this new alternative until today, and it is their conclusion they can work something' , out if they can work the woad and site at the same time. Worthington spoke to two concerns which they have: 1) how the costs are going to be distributed, and 2) the whole question of timing. Worthington added Braun's has to be in the ground as soon as possibly this Fall in order to meet some deadlines. However, they are willing to work with City staff to try and come up with a solution satisfactory to all parties. City Engineer Jullie added if something can be worked out, i .e. . determination on what the grades are goinv to be, an agreement with Braun' s wherein they can go in and start doing the grading, and some cost sharing perhaps on the surfacing with maybe a credit against any assessment that would accrue against this property, perhaps this could be worked out to be a very simple project. How- ever if the costs don' t come out that way and the City's participation is needed right away, then it may have to wait until next summer. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 80-13, rezoning from Rural to I-2 9.95 acres into 1 lot and 1 outlot for Braun's Fashions, Inc. by Rauenhorst Corporation. Motion carried unani,m. usly. �6s9 . City Council Minutes - 4 Tues. ,June 17, 19810 A. Braun' s Fashions , Inc, (continued) MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 80-98, approving the preliminary plat for Braun's Fashions, Inc. by Rauenhorst N Corporation. Motion carried unanimously. MOTION: Edstrom moved, seconded by Osterholt, to instruct staff to draft a developer' s agreement incorporating the points necessary to accomplish the improvements and the recommendations of the Staff Report dated April 11 , 1980. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to approve the request for withdrawal of the application of Briarfield Estates (Ordinance No. 78-42) without prejudice. Motion carried unanimously. B. Public Hearin for street and pathway construction on Anderson Lakes Parkway from Preserve Boulevard to T.H. 169, I .C. 51-341 Resolution No. 80-116 City Engineer Jullie spoke to the Feasibility Study dated May, 1980) and answered questions of Council members, Monroe Levie, 12440 Cockspur Court, President of the Lake Eden South Homeowners Association, commented that the development which was before the Planning Commission (Anderson Lakes Parkway Neighborhood Shopping Center) included some projected traffic figures along Anderson Lakes Parkway and along Hwy. 169 which could be generated by the development. While the protective medians for turning ; are admirable, Mr. Levie felt there is another step that needs to be taken and that is a signal light. Mr. Schumacher has offered $20,000.00 up front for that cost and Mr. Levie urgEd the Council to take that into consideration, Mr. Levie asked what the proposed speed limit is along Anderson Lakes Parkway extension. Jullie replied it will probably be a 35 MPH posted speed limit. Le•: i -, u► c cd consideration be given to a lower speed (30 MPH) , and that "Children At Play" signs also be installed. Further that consideration be given to another set of hexagon stop signs further down so there can be better control on people travelling through. Mr. Levie questioned where the proposed asphalt walkway will be on the south side in relation to the curbing, Jullie responded a typical section is 13 feet from the back of the curb to the property line, and the edge of the walk is proposed l foot from the property line leaving about a four foot boulevard area. Levie wondered if the storm sewage drainage will be into the swampy area, and if so, how will that affect the level of the swamp area. Mr, Gary Erickson, BRW, responded it will be directed into the swampy area. There are two outlets, one from Anderson Lakes Parkway itself at the intersection of Homeward Hills Road, and there are two catch basins because there are hills coming down in both directions which is the lowpoint. There is also a culvert which probably goes to the east of the pedestrian underpass which is simply a perpetuation of the flow which is coming from the school property and the unplatted residential pass under neath the highway into the swampy area. It is water that is running that direction now and will continue to flow into the swamp area. The amount of runoff prior to any major development should not raise the level of the swamp. There are no other major storm sewer proposals in this area. Mike Jiran, 8936 Darnell Road, asked if the swamp was designated as protective land. Director of Community Services Lambert replied the swamp is designated as public waters. /GNU Lity CoartC11 iiinutes - 5 - Tues . ,June 17 , 19080 B. Public Hearing for street and pathway construction on Anderson Lakes Parkway from Preserve Boulevard to T.H. 169, I .C. 51-341 continue Mr. Jiran questioned the closeness of the road to the swamp and its eventual runoffs as far as salt is concerned. Jullie replied the road is along the edge and this was reviewed when the Lake Heights Addition came through. Jullie added there are some soil problems and some corrective work will have to be done. There is a petition from Lake Heights and Meadow Park subdivisions and they will be doing the grading on Homeward Hills Roads, south of the Lake Heights Addition, and paying all the grading costs. They are in essence assuming the liabilities for poor soil conditions and have quite a lot of excess material on their site that can be used for this correction. To the question of salt and any. impact on the watershed, Jullie replied the City tries to use the very minimum of chemicals - just enough to keep the sand mixture from freezing. There is no way to treat storm water runoff other than detention ponds. Jullie stated the City does not have any problems now and he doesn't anticipate any damages. Steve Birke, 8518 Darnell Road, asked when Anderson Lakes Parkway is put through is the stoplight to be installed next summer included in the package, or if something happens next summer where the money is not available might they end up without a stoplight? Jullie replied he is not absolutely sure as the Highway Department has not given formal approval . The Highway Department is going to review the warrants again and they must be convinced fit does meet the minimum warrants. However, Jullie stated he is optimistic it can be worked out. Mr. Levie asked ff there is anything further people in the area can do as home- owners in relation to `the powers that be to make it further known the desire for this stoplight. Jullie replied there is nothing further that can be done other 4Lthan contacting the Highway Department. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and adopt Resolution No. 80-116, ordering street, utility and pathway improvements along Anderson Lakes Parkway from Preserve Boulevard tc T. H. 169, I .C. 51-341 . Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 1860 - 2097 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 1860 - 2097. Roll Call Vote: Redpath, Edstrom and Pauly voted "aye" on Claims Nos. 1860 - 2097; Osterholt "abstained" on Claim No. 2045 and voted "aye" on all other Claims Nos. Motion carried. VI. REPORTS OF ADVISORY COMMISSIONS No reports. { VII. PETITIONS, REQUESTS & COMMUNICATIONS i A. Bryant Lake View Estates - Replat of preliminary plat by Thelma Haynes. Request to preliminary plat 17 of the 23 acres of the previous preliminary plat for l existing home and 5 new lots for single family construction, Located along the northwest corner of Bryant Lake adjacent to Beach Road (Resolution No. 80-115) City Planner explained this item was reviewed by the Planning Commission at the June 9th meeting , and the Commission recommended approval to the Council of the replat contingent on the Staff Report dated June 6, 1980, with modifications approved by the Planning Commission as outlined in minutes dated 6/9/80. z t�� i City Council Minutes - 6 - Tues . ,June 17, 1980 • 4 A. Bryant Lake View Estates (continued) Mr. Lynch, BRW, spoke to the proposal and answered questions of Council members. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-115, approving the preliminary plat for Bryant Lake View Estates contingent on the recommendations of the Staff Report dated 6/6/80 with modifications made by the Planning Commission on 6/9/80. Motion carried unanimously. VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 80-03, rezoning approximately 111 acres from Rural To R1-13.5 for Olympic Hills 6th Addition by The Preserve and Olympic-Hills Corporation, and developer=s agreement City Manager Ulstad requested that this item be continued to the July 1 , 1980 . Council meeting. MOTION: Osterholt moved, seconded by Redpath, to continue the 2nd Reading of r Ordinance No. 80-03 to the aujy 1 , 1980 Council meeting. Motion carried unanimously. ,EPORTS OF OFFICERS, BOARDS & COMMISSIONS Reports of Council Members 1. Appointment of 5 members to the Housing & Redevelopment Authority (HRA) 4LActing Mayor Sidney Pauly recommended the appointments of the 5 Council members to the Housing & Redevelopment Authority. MOTION: Osterholt moved, seconded by Redpath , to approve the recommendation of Acting Mayor Pauly to appoint the five Council members to the Housing & Redevelopment Authority with terms to coincide with the Council members terms. Motion carried unanimously. 2, Appointment of 1 member to the Parks Recreation & Natural Resources Commission to fill an unexpired term to 2 8 This item was moved to the July 1 , 1980 Council meeting. 3. Appointment of 1 member to the Historical & Cultural Commission to fill an unexpired term to 2/28/83 Redpath placed the name of Barbara Johnson into nomination. MOTION: Redpath moved, seconded by Osterholt, that nominations be closed and a unanimous ballot be cast for Barbara Johnson to fill the unexpired term on the Historical & Cultural Commission. Motion carried unanimously. 4. Appointment of 1 citizen member to the Citizens Advisory Group (CAG) This item was moved to the July 1 , 1980 Council meeting. B. Report of City Attorney No report. 1��2 City Council Minutes - 7 - Tues. ,June 17, 1980 C. Report of City Manager City Manager Ulstad referred to the communication he received from the ir International Union of Operating Engineers, Local No. 49, which will be placed on the July 1 , 1980 Council meeting agenda for discussion. Ulstad added he will have a recap for the Council on July 1st as to what the other communities are doing. D. Report of Director of Community Services 1. Receive and award bids for tennis courts at Round Lake Park and Prairie East Neighborhood Park an multi-use court at Topview Neighborhood Park This item was moved to the Consent Calendar (III. G. ) . 2. Receive and award bids fir the porch at the Senior Citizen Center This item was moved to the Consent Calendar (III . H. ) . 3. Creekwood Park Acquisition and Development Plan MOTION: Osterholt moved, seconded by Redpath, to authorize the acquisition of the DeLecour property for the purposes of developing a neighborhood park in the amount of $50,000.00 as per memo from Director of Community Services Lambert dated June 5, 1980. Roll Call Vote: Osterholt, Redpath, Edstrom and Pauly voted "aye". Motion carried unanimously. * ; MOTION: Redpath moved, seconded by Osterholt, to approve the park plan as outlined by Director of Community Services Lambert and authorize staff to proceed with plans and specifications for advertising for bids on grading the site. Motion carried unanimously. 4. Lake Eden Park Plan MOTION: Osterholt moved, seconded by Edstrom, to approve the Lake Eden Park Plan as outlined by Director of Community Services Lambert and authorize staff to proceed with plans and specifications to be bid with the Anderson Lakes Parkway project. Motion carried unanimously. 5. Round Lake Park Picnic Shelter/warming House Program MOTION: Osterholt moved, seconded by Redpath, to approve the program for the Round Lake Park shelter as per Director of Community Service Lambert's memo dated June 2, 1980, and authorize the hiring of- the Smiley Glotter Architectural firm to design and prepare plans and specifications for the Round Lake Park shelter. Roll Call Vote: Osterholt, Redpath, Edstrom and Pauly voted "aye" . Motion carried unanimously. E. Report of City Engineer 1. Consider bids for improvement in Norseman Industrial Park 4th Addition I .C. 51-359 Reso ution No. 0- 9 This item was moved to the Consent Calendar (III . I. ), AW- �C.3 City Council Minutes - 8 - Tues. ,June 17, 1980 F. Report of Finance Director 1. Re uest to set Public Hearin for Municipal Industrial Development Bond approval in the amount of 2,300,000.00 for Braun-Kaiser Company for July 15, 1980 This item was moved to the Consent Calendar (III . J. ). X. NEW BUSINESS A. Cable TV Councilman Redpath explained bids have been received 'From three compan4es, copies of which are available and on file in the City Hail . The Cable TV Commission will review the bids tomorrow evening (June 18, 1980), using a rating system and will make a recommendation to the 5 Councils involved. MOTION: Osterholt moved, seconded by Edstrom, to authorize Councilman Redpath to represent the Eden Prairie City Council on the Commission in the manner previously outlined. Motion carried unanimously. Development Commission City Manager Ulstad asked the Council what projects they felt the Development Commission should undertake. The Council suggested that the Development Commission review locations for the City Council to consider as future industrial sites of the City. XI. ADJOURNMENT MOTION: Osterholt moved, seconded by Edstrom, to adjourn the Council meeting at 9:05 PM. Motion carried unanimously. `t