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HomeMy WebLinkAboutCity Council - 04/07/1981 J APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL i TUESDAY , APRIL 7, 1981 7:40 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF PRESENT: Acting City Manager John D. Frane, City Attorney Roger Pauly, Planning Director Chris Enger, City Engineer Carl Jullie, Director of Community Ser- vices Bob Lambert, and Recording Secretary Karen Michael ROLL CALL: Councilman George Tangen was absent Councilman Dean Edstrom arrived at 9:45 p.m. R I. APPROVAL OF AGENDA AND OTHER ITEMS x The following item was removed from the Consent Calendar to item VIII . D. 2. 2nd Reading of Ordinance No. 79-04, rezoning from Rural to RM 6.5 and R1-13.5 for Lake Heights Addition and developer's agreement. The following items were added to the Agenda: VIII . C. 1. Signatory Resolution; and VIII. D. 3. Set date for Public Meeting on Crosstown Scoping Report. The following item was removed from VIII. A. 1. to immediately follow the Approval of Agenda and Other Items: Appointment of City Manager. MOTION: Redpath moved, seconded by Bentley, to approve the agenda as amended and published. Motion carried unanimously. APPOINTMENT OF CITY MANAGER x MOTION: Moved by Redpath, seconded by Bentley, to appoint Carl J. Jullie as City Manager effective April 15, 1981 . Motion carried unanimously. Mayor Penzel introduced Mr. Jullie as the new City Manager. Mr. Jullie made a few brief remarks. II . MINUTES A. Special City Council Meeting held Friday, February 27, 1981 MOTION: Moved by Redpath, seconded by Bentley, to approve the minutes of the February 27, 1981 , Special City Council meeting as published. Motion carried unanimously. B. Special City Council Meeting held Saturday, February 28, 1981 MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the February 28, 1981, Special City Council meeting as published. Motion carried unanimously. City Council Minutes -2- April 7, 1981 C. Special City Council Meeting held Wednesday, March 4, 1981 r; MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the March 4, 1981, Special City Council meeting as published. Motion carried unanimously. a D. Special City Council Meeting held Thursday, March 12, 1981 MOTION: Moved by Redpath, seconded by Bentley, to approve the minutes of the March 12, 1981, Special City Council meeting as published. Motion carried unanimously. E. Regular City Council Meeting held Tuesday March 17, 1981 Page 5, para . 2, line 2: add "Rep." before "Schreiber"; para. 3, line 2: change ".001 mill " to ".005 mill " . MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the March 17, 1981, Council meeting as amended and published. Motion Carried unanimously. E. Joint City Council/Planning Commission Meeting held Monday, March 23, 1981 Page 2, para. 10, line 4: change "cemetary" to "cemetery MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the Joint City Council/Planning Commission Meeting held on March 23, 1981, as amended and published. Motion carried unanimously. G. Special City Council Meeting held Monday, March 23, 1981 Add the following: "NOTE: The Council re-interviewed Dwight Johnson during their visit to Grand Island, Nebraska, on March 21, 1981. Mr. Johnson was one of the four final candidates for the City Manager post." MOTION: Moved by Redpath, seconded by Bentley, to approve the minutes of the March 23, 1981, Special City Council meeting as amended and published. Motion carried unanimously. H. Special City Council Meeting held Monday, March 30, 1981 MOTION: Moved by Redpath, seconded by Bentley, to approve the minutes of the March 30, 1981, Special City Council meeting as published. Motion carried unanimously. III . CONSENT CALENDAR A. Set Co. Rd. 4/TH 5 Plan Study. Public Hearing for April 21, 1981 B. Clerk's License List City Council Minutes -3- April 7, 1981 C. Final plat approval for Maple Leaf Acres 9th Addition (Resolution No. 81-70) D. Approve plans and specifications and authorize bids for signal at TH 169/Anderson Lakes Parkway, I .C. 51-341, Agreement No. 60375M Resolution Nos. 81-71 and 81-76 E. Approve agreement with MnDOT regarding railroad crossing signals on Valley View Road west of Round Lake, Agreement No. 60376 Resolution No. 81-72 F. Approval of construction plans for permanent traffic signals and channelization at TH 169/Co. Rd. 1 intersection Resolution No. 81-74) G. 2nd Reading of Ordinance No. 79-04, rezoning from Rural to RM 6.5 and R1-13.5 for Lake Heights Addition and developer's agreement - moved to VIII . D. 2. H. Final approval of Municipal Industrial Development Bonds in the amount of 1 ,000,000.00 for Wilson Learning Center (Resolution No. 81-68 See item VIII . C. 2. I. Policy change in auto allowance p J. Approve plans and specifications and order bids for improvements on W. 70th Street, Shady Oak Industrial Park 5th Addition, I .C. 51-344C Reso ution No. 81-75 MOTION: Redpath moved, seconded by Bentley, to approve items A 3 on the Consent Calendar as amended. Roll call vote: Bentley "aye", but abstained on Item H. ; Redpath "aye" ; and Penzel "aye" . Motion carried. IV. PUBLIC HEARINGS A. MTS/MCC Industrial Campus by MTS Systems Corporation and Magnetic Controls Command Request for PUD Concept approval of industrial and commmercial uses upon 158 acres. Located southeast of Mitchell Road and TH 5 (Resolution No. 81-35) - continued from March 3, 1981. John Worrell , Brauer and Associates, spoke to the proposal . Paul Strand, MTS representative, said construction of and addition to their present building will depend on the economy. No construction. is anticipated before 1984. Barbara Miller, Magnetic Controls, said that no permanent structure is planned for the corridor area. They are holding the property for future investment. Vicky Koenig, 7239 Topview Road, wanted to know when the proposed access road (West 79th Street) would be built. Strand said the engineering would be done in 1981 with construction to begin in 1982. City Council Minutes -4- April 7, 1981 ( MOTION: Moved by Bentley, seconded by Redpath, to close the Public Hearing and adopt Resolution 81-35, approving the MTS/MCC Planned Unit Development. Motion carried unanimously. Penzel stated that his "aye" vote was based on concept approval and not on any specifics or rezoning. Bentley and Redpath concurred. B. Vacating a portion of Sunn brook Road in Olepic Hills 6th Addition Reso ution No. 81-50 - Continued from March 3, 1981 City Engineer Jullie spoke to the proposal . MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and adopt Resolution 81-50, vacating a portion of Sunrybrook Road in Olympic Hills 6th Addition. Motion carried unanimously. C. CPT PUD. Request for PUD Concept approval of 30 acres zoned I-5 to use greater than 50% of the buildings as office space. Located in the northwest quadrant of Mitchell Road and Scenic Heights Road. (Resolution No. 81-66) Al Mjorud, architect with Armstrong, Torseth, Skold and Rydeen, Inc. , introduced John Torseth and Paul Erickson, architects with ATSR, Jim Engler, Dennis McClinton, Gary Holland, Dean and Diana Scheff of CPT. Mjorud then spoke to the proposal . B. Keith Wehrman, landscape architect, spoke to the landscaping plan. (Councilman Edstrom arrived. ) Planning Director Enger stated the Planning Commission had reviewed the proposal at its February 23, 1981 meeting and had recommended approval by a vote of 5 - 1 subject to the recommendations included in Staff reports dated January 30, 1981 and December 18, 1980 as well as a letter dated February 20, 1981. The following should also be included as a provision: CPT must provide 17' of additional right-of-way for Mitchell Road. This would provide for Mitchell Road upgrading. Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission had reviewed the proposal at its March 16, 1981, meeting and had recommended its approval subject to the Planning Staff reports. Discussion on protecting the 212 corridor, parking, upgrading of Mitchell Road, further expansion by CPT, and other construction in the area ensued. Gene Schnabel , 8211 Hiawatha Circle, expressed concerns about screening, trucks, cooling towers, maintenance of grass and plantings, and the park- ing lot. City Council Minutes -5- April 7, 1981 MOTION: Moved by Bentley, seconded by Redpath, to close the Public Hearing and adopt Resolution 81-66, approving the CPT Planned Unit Development and amending the 1968 Guide Plan subject to Staff recommend- ations. Also subject to a commitment by the proponent that the propo- nent will be accommodating the requirement of right-of-way should High- way 212 become necessary, that the proponent would commit to adequate screening and planting as reviewed by Staff and proper screening of mechanicals prior to the issuance of a building permit for Phase II . The matter will be referred to the Board of Appeals and Adjustments for their consideration of a variance as required under the I-5 zone. Motion carried unanimously. D. Valley Place Offices by C.S.J. Development. Request to rezone 4 acres from Rural to Office for town offices. Located at 9975 Valley View Road. (Ordinance No. 81-08) Bill Jacobson, architect and one of three principals, spoke to the proposal . Planning Director Enger said the proposal was first considered at i the February 23, 1981, Planning Commission meeting and continued to the March 9, 1981 meeting, at which time approval was recommended on a 6-0-1 vote subject to recommendations included in the February 6, 1981, Staff report. Director of Community Services Lambert stated that the Parks, Recreation & Natural Resources Commission had unanimously recommended approval sub- ject to Staff recommendations at its meeting on April 6, 1981 . City Engineer Jullie explained that Agenda item VIII . E. 2. is a request by the property owners for an extension of service to their property as well as a review of the storm drainage situation. An assessment schedule is yet to be worked out whereby Mr. Helle would be reimbursed for some of the assessments levied against his property ('Norseman In- dustrial Park) . This would then mean equal assessment for equal benefit. Redpath commended the proponents for not making this a massive project. Herleive Helle, 6138 Arctic Way, Edina, referred to a March 9, 1981, letter to the Planning Commission and Chris Enger from his attorney, George C. Hoff, relative to this matter. MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance 81-08, rezoning 4 acres from Rural to Office for town offices. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 5789 - 6015 MOTION: Moved by Redpath, seconded by Bentley, to approve Payment of Claims Nos. 5789-6015. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye" with Penzel abstaining on Claim No. 5828. Motion carried unanimously. City Council Minutes -6- April 7 , 1981 p- VI . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS - A. Request from Bev Cronk on review of House Moving Ordinance No. 79-34 Continued from 3/3/81 . City Attorney Pauly said the question addressed was 'What Ordinance F. does the City have to regulate mobile homes in the City?' The State regulates mobile homes by requiring State licensing of mobile home parks . A mobile home park is a tract of land on which there are two or more mobile homes. The licensee must show that the land had the proper zoning or no zoning. There is nothing in our Zoning Ordinance which prohibits mobile homes. According to State Statutes mobile homes must be allowed anywhere in the City unless the City has created a special zone in which they must be located. Mrs. Cronk ascertained that her question had been adequately answered. B. Request for a 3-way stop sign at the corner of Homeward Hills Road- and Concord Drive - Bluffs West 1st Addition City Engineer Jullie spoke to his memo of April 4, 1981. He also reported on a saturation speed survey completed in the past few days in which over 50% of those receiving warnings and/or violations were residents of the Bluff's West Area. If a stop sign was to be installed, Silverwood Drive would be preferrable because Homeward Hills Road is flatter at that intersection and it is not on a curve. John Musjerd, 10274 Brittany Way, said that the petition contained 183 out of a possible 190 signature. He stated neighborhood concerns . Charles Heimarck, 10254 Brittany Way, and Wally James, 10340 Colony Court, also spoke in favor of the stop sign. MOTION: Redpath moved, seconded by Edstrom, to install a stop sign at the intersection of Homeward Hills Road and Silverwood Drive and to request Public Safety to monitor the area on a regular basis. Motion carried unanimously. MOTION: Bentley moved, seconded by Penzel , to extend the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS i A. Reports of Council Members 1. Appointment of City Manager This item was moved to an earlier time on the Agenda. It immediately followed the Approval of the Agenda and Other Items of Business . City Council Minutes -7 April 7, 1981 B. Report of Cif Attorney 3: 1. MAC Status Report City Attorney Pauly reported that a meeting is scheduled for Friday, April 10, 1981, with representatives of the City and the Airport Commission to discuss jurisdictional matters. C. Report of Acting City Manager 1. Signatory Resolution Acting City Manager Frane explained that this Resolution would allow the new City Manager Carl Jullie to sign checks. MOTION : Moved by Redpath: seconded by Bentley, to adopt Reso- lution 81-77, authorizing use of facsimile signatures by public officials. Motion carried unanimously. 2. Final approval of Municipal Industrial Development Bonds in the amount of 1,000,000.00 for Wilson Learning Center Resolution 81-66) This item was on the Consent Calendar as item H. Acting City Manager Frane explained that the attorney for Wilson Learning Center had indicated to him that a majority of the Council had to vote on this Resolution and at the time the Consent Calendar ( was approved only three Council members were present and Council- man Bentley abstained on this issue because of business connections. MOTION: Redpath moved, seconded by Penzel , to reconsider the final approval of Municipal Industrial Development Bonds in the amount of $1,000,000.00 for Wilson Learning Center, Resolution 81-66. Motion carried with Bentley abstaining. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution 81-66. giving final approval of Municipal Industrial Bonds in the amount of $1,000,000.00 for Wilson Learning Center. Roll call vote: Bentley, abstain; Edstrom, "aye" ; Redpath, "aye" ; and Penzel , "aye". Motion carried. D. Report of Planning Director 1. Hwy. 169 212 - discussion of the official Hw 169 212 ma Continue from 3/17/81 LT his item was taken out of Agenda sequence, therefore Councilman Edstrom was not present for the discussion/action on this item.] Planning Director Enger spoke to his memo of April 2, 1981, regarding the TH 212 Alternates. In this memo current facts, an anaylsis of options the Council has, and pros and cons of the various alternatives were addressed. Enger also reviewed the letter of March 17, 1980, which had been submitted to MnDOT by Eden Prairie members of the TH 212/169 Citizens ; �. Advisory Committee in which they recommended the System "D" corridor east of County Road 4 coupled with the Riley Lake north corridor west of County Road 4. City Council Minutes -8- April 7, 1981 Sidney Pauly, 17450 West 78th Street, a member of the C.itizen's Committee, stated that the Schreiber bill had passed easily in a House committee. There is now a companion bill in the Senate. This is the bill which would help in the purchase of right-of-way for future highway use. George Roles, 7953 Eden Court, asked how close 212 would come to the Middle School'! Penzel replied that none of these specific ! details have been addressed and that tonight's discussion relates to the concept. Harold Hanson, 7952 Eden Court, wondered where the east junction of 212 and 5 would be. Enger explained that it would be in the vicinity of the present West 78th Street and Highway 5 intersection. Hanson also inquired as to relocation provisions. Jultie explained the Uniform Relocation Right-of-Way Assistance Procedures Act. Dave Osterholt, 16344 Edenwood Drive, said he feels the developer's proposals can be modified which means the Council does have choices. He wanted to know the impact Highway 212 would have on the businesses on the north side of Highway 5. Enger explained that Highway 5 _ would be eliminated for a portion of the roadway and would be + • replaced in part by frontage roads along Highway 212. Steve Shea, 7941 Eden Court, asked why there had been no discussion of the other routes shown on the map. It was explained that these had been discussed at previous meetings and studied well by the Task Force. MOTION: Moved by Redpath, seconded by Bentley, to adopt in concept the North Riley Lake corridor west of County Road 4. Motion carried unanimously. Redpath stated he would like to see something worked out with CPT, MTS, and MCC before a decision is made on the alignment of a corridor east of County Road 4. Bentley wishes to wait the outcome of the Schreiber bill before determining an alignment. a. Letter from Donald Goetzman Planning Director Enger called the Council 's attention to a March 27, 1981, letter from Donald Goetzman in which he indicates his intention to develop a parcel of land west of CPT. 2. 2nd Reading of Ordinance No. 79-04 rezoning from Rural to RM 6.5 and R1-13.5 for Lake Heights Ad it_ ion and eve oper s agreement MOTION: Bentley moved, seconded by Redpath, to give 2nd Reading to Ordinance No. 79-04, rezoning from Rural to RM 6.5 and R1-13.5 and approval of the developer's agreement. Motion carried unanimously. I City Council Minutes -9- April 7, 1981 3. Set date for Public Meeting on Crosstown Scoping Report Planning Director Enger stated Hennepin County is reinstituting the environmental impact statement process on the 62• Crosstown from Shady Oak Road to I-494. The first part of that process is a scoping report. BRW has put together the report and wishes to explain the eight or nine alternatives to the Council and residents of the community. MOTION: Edstrom moved, seconded by Bentley, to schedule an informational meeting on the Crosstown Scoping Report for May 5, 1981. E. Report of City Engineer 1. Final plat approval for O1 m is Hills 6th Addition (Resolution 81-51) Continued from 3/3/81 City Engineer Jullie stated that all documents have been filed and are in order. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution 81-51, giving final plat approval for Olympic Hills 6th Addition. Motion carried unanimously. t 2. Receive 100% petition and order feasibility report for Hilger Bearman ( Properties on Valley View Road Resolution 81-73) MOTION: Moved by Redpath, seconded by Bentley, to adopt Resolu- tion 81-73, receiving 100% petition and ordering feasibility re- port for Hilger/Bearman Properties on Valley View Road. Motion carried unanimously. F. Report of Director of Community Services 1. Swedlund Property_ - Riley Lake Director of Community Services Lambert spoke to his memorandum of March 26, 1981, regarding appraisal of the Swedlund Property prior to applying for a LAWCON Grant. MOTION: Edstrom moved, seconded by Redpath, to authorize Staff to get two appraisals of the Swedlund property and to obtain title searches of the property. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye" . Motion carried unanimously. 2. Round Lake Park Shelter bids MOTION: Redpath moved, seconded by Bentley, to accept Jordahl Construction Co. 's low bid of $149,775 for construction of the Round Lake Park Shelter. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye". Motion carried unanimously. City Council Minutes -10- April 7, 1981 3. Staring Lake Master Plan Director of Community Services Lambert spoke to his memo of April 2, 1981, regarding the Staring Lake Master Plan which was approved by the Parks, Recreation and Natural Resources Commission at its April 7, 1981 meeting. MOTION: Moved by Redpath, seconded by Bentley, to accept the Staring Lake Master Plan. Motion carried unanimously. 4. Appeal - Riley Lake Lambert, Director of Community Services , explained the rationale for rescinding the request of the City to appeal the Metropolitan Council 's designation of Riley Lake Park as a regional park. MOTION: Redpath moved, seconded by Edstrom, to authorize Staff to forward a letter to Charles Weaver, chairman of the Metropolitan Council , indicating the City is dropping the appeal process at this time and requesting an amendment of the Metropolitan System Plan to change the designation of Riley Lake Park from a regional park to a community park. Motion carried unanimously. 5. Proposed State Finance Commission bijdget cuts for Shade Tree Program Director of Community Services Lambert called attention to City Forester Stuart A. Fox's memo of March 27, 1981, regarding the proposed budget cuts in the Shade Tree Program. IX. NEW BUSINESS Councilman Bentley - Called attention to the letter from Senator John ee a regarding hazardous waste dumping/sites which was included in the "For Your Information" packet. Councilman Edstrom - Announced that an Eden Prairie Foundation is being established with the Foundation Board to be made up of nine members rep- resenting various community organizations, the School Board, and a member representing the City Council . MOTION: Edstrom moved, seconded by Bentley, to appoint Paul Redpath as the Council ' s representative to the Eden Prairie Foundation. Motion carried unanimously. Councilman Bentley - Announced there will be a meeting of the Hennepin County Solid Waste Site Selection Committee on April 8, 1981, at 7:30 p.m.. at Lindbergh High School in Hopkins. X. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 12:23 a.m. Motion carried unanimously.