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HomeMy WebLinkAboutCity Council - 05/19/1981 APPROVED MINUTES 3 EDEN PRAIRIE CITY COUNCIL i TUESDAY, MAY 19, 1981 7:35 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF PRESENT: City Manager Carl J. Jullie, City Attorney Roger Pauly, City Engineer Gene Dietz, Finance Director John D. Frane, Planning Director Chris Enger, Direc- tor of Community Services Bob Lambert, and. Record- ing Secretary Karen Michael ROLL CALL : All members present The meeting was called to order by Mayor Penzel at 7:35 p.m. , immediately following a meeting of the Eden Prairie Housing anti Redevelopment Authority. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the Regular Agenda to the Consent Calendar: VII. D. 1. Swedlund property appraisals; VII. D. 2. Earl & Helen More house acquisition; VII. 0. 3. Red Rock Park acquisition; VII. D. 4. Authority to advertise for bids for tennis courts at Middle School and Creekwood Park; VII. E. 1. Consider bids for Lake Idelwild Draina a Outlot, I .C. 51-385 Resolution No. 81-97 ; VII. E. 2. Consider bids for improvements on W. 70th Street_, .C. 51-344C Resolution No. 81-98 ; VII. E. 3. Consider bids for traffic signal- at TH_ 169/Anderson Lakes Pkwy. , I.C. 51-341A Resolution No. 81-99 . The following item was moved from the Consent Calendar to VII. E. 5. 2nd Reading of Ordinance No. 81-08, rezoning 4 acres from Rural to Office for town offices (Valley Place Offices) or Development and developer's agreement (formerly III. A. The following item was added as item VII. C. 1. Right-of-entry agreement with Edenvale. MOTION: Moved by Bentley, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 1981 MOTION: Bentley moved, seconded by Tangen, to table approval of the May 5, 1981, minutes of the City Council meeting so that more specific concerns which were • expressed regarding the CSAH 52 Scoping Report can be included. Motion carried unanimously. III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 81-08, rezoning 4 acres from Rural to Office for town offices Valley Place Offices)_ by C.S .J. Development and developer' s agreement - moved to item VII. E. 5. City Council Minutes -2- May 19, 1981 B. Agreement No. PW 16-49-81 with Hennepin County for channelization and prep_ a ration for traffic si nals at Co. Rd. 4/Valley View Rd. , I.C. 51-325IV �. Resolution No. 81-101 C. Agreement No. PW 21-48-81 with Hennepin County for road improvements on Co. Rd. 1 at TH 169, I. C. 51-311C Resolution No. 81-102 D. Old Farm 2nd Addition - preliminary and final plat approval (Resolution h` No. 81-103 E. Castle Ridge - final plat approval (Resolution No. 81-104) F. Swedlund property appraisals G. Earl & Helen More House acquisition r H. Red Rock Park acquisition I. Authority to advertise for bids for tennis courts at Middle School and Creekwood Park J. Consider bids for Lake Idelwild Drainage Outlot, 1.C. 51-385 (Resolution No. 81-97 K. Consider bids for improvements on W. 70th Street, I.C. 51-344C (Resolution F No. 81-98 L. Consider bids for traffic signal at TH 169/Anderson Lakes Pkwy. , I.C. 51-341A Resolution No. 81-99 MOTION: Tangen moved, seconded by Redpath, to approve items B - L on the Consent Calendar. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. r. PAYMENT OF CLAIMS NOS. 6419 - 6616 Redpath requested that goods be purchased from Eden Prairie firms whenever r ' possible. MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 6419 - 6616. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye" . Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS There were no reports. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Willow Creek 2nd Addition by Elaine L. Sorensen, Joel R. Harding, & Kathleen J. Harding, John P. Wilkie & Bonita Wilkie, Vernon C. Geiger & Barbara A. Geiger, and Gerald Schoenfelder. Request to replat Willow Creek Farm into 5 residential lots and 3 out ots. Located south of Bryant Lake and west of Flying C1oud.Drive. (Resolution No. 81-96) City Council Minutes -3- May 19, 1981 Don Sorensen spoke to the proposal which would replat Willow Creek Farm into 5 residential lots and 3 outlots. Willow Creek Farm is located south 1 of Bryant Lake and west of Flying Cloud Drive. Planning Director Enger stated the Planning Commission had considered this . item at its May 11 , 1981 meeting and voted to recommend its approval to the Council by a vote of 5-0-2 ; Levitt abstained for reasons of the Shoreland Management Ordinance, and Bearman abstained because Sorensen is his attorney. The Planning Staff recommended its approval of the preliminary plat in a May 7, 1981 memo, in which four conditions were given. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission had reviewed the proposal at its May 18, 1981 meeting) and recommended its approval subject to the Planning Staff Report and the Community Services Report which added a scenic easement be placed on the slope facing Bryant Lake at the 870' mark. Bentley asked if there was any concern about the size of the lots. Lambert said that had been determined in a previous review and he requested the Parks , Recreation and Natural Resources Commission not to consider that issue. Redpath wondered why City sewer and water were not considered to be a part of this proposal . Sorensen said it was a matter of cost. It was also felt, according to Sorensen, that no problems will be encountered with private septic and water systems. Jullie explained that when the feasibility study was made i on this in early 1980, sewer was not available within a reasonable distance. l That has changed since then however, but will still be several hundred feet away. Sorensen said it would be at least $90,000 to puts City sewer in just a portion of the area -- about $22,500 per lot. Penzel felt that making such approval would set an undesirable precedent in the community and he could, therefore, not support the action proposed. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-96, approving the preliminary plat of Willow Creek 2nd Addition. Motion carried with Penzel voting "no". B. Request from Hans Hagen Homes to incorporate an additional quadraminium bui ding type in Northmark 3rd and 4th Addition Bentley indicated he would refrain from discussion on this item -- and would state why after the item had been discussed. Hans Hagen, Hans Hagen Homes (formerly Ban Con) , presented a review of the changes to be made. The units presently under construction are referred to as Carriage Houses I •and II and are two stories with decks and/or patios. Carriage Houses III and IV, wnich they wish to add, are smaller in floor area and about seven feet shorter in height. The latter have one car garages while the former have two stall garages. Planning Director Enger said the Planning Commission had voted 3-2-2 to approve the proposal ; Bearman abstained because he felt the change was not significant enough to come before the Planning. Commission, Sutliff abstained but did not•give a reason, Levitt and Torjesen voted "no" based on comments by neighborhood residents. The Planning Staff had recommended approval of the change based on the rationale that in most quadraminium developments there is very little variety and the addition of another housing type would be welcomed. City Council Minutes -4- May 19, 1981 .. Rick Blesi , 11115 Lanewood Circles, expressed concern about the size of the proposed units compared to the size of the homes in the area and what this would do to the value of the homes. Bob Dunbar, 11270 Lanewood Circles, said he and several other neighborhood residents had met with Hans Hagen earlier this evening and they arrived at a "working relationship" regarding the matter. Redpath asked what the residents and Hagen had worked out. Dunbar said Hagen had invited them to go to Eagan to see units which have already been built and then get back to him with their opinion. A Les Sebo , 11275 Lanewood Circles, stated he was originally opposed to townhouse, condominium, or anything other than single family dwellings in Northmark 3 and 4; however,. he has now accepted the "quad concept" as originally proposed. He is not certain about the proposal . His concern w is with the one car garage; does this meet code? Enger said that it does meet the Zoning Ordinance requirements. Blesi asked if there were any restrictions as to how man.- small and how many big units could be built. Hagen said he preferred to let the market dictate this. �o MOTION: Redpath moved, seconded by Edstrom, to grant the request from Hans Hagen Homes to incorporate an additional quadraminium building type in Northmark 3rd and 4th Addition, including a modification of the developers agreement. Motion carried with Bentley abstaining because of previous liti- gation against Hans Hagen Homes/Ban Con. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment to the Historical & Cultural Commission to fill an unexpired term to 2 28/84 Laid over to June 2, 1981, meeting. 2. Mayor Penzel - The Council might wish to consider adopting a policy establishing a deadline for 2nd Readings of Rezonings. The City currently has five on file which were first read in 1980. The Council agreed it would be advisable to request Staff to draft a policy in this regard. B. Report of City Attorney 1. Discussion on Tax Increment Financing MOTION: Tangen moved, seconded by.Redpath, to adopt Resolution No. 81-106, calling a public hearing on termination of redevelopment district and re- development projects and on the termination of the redevelopment plan and f tax increment financing plan relating thereto. Motion carried unanimously. A City Council Minutes -5- May 19, 1981 ;p n 1► r C. wort of City Manager ` City Manager Jullie introduced Eugene Dietz, City Engineer and Director of Public Works, who began working for the City yesterday . 1. Right-of-entry agreement with Edenval e w City Manager Jullie explained the need for the right-of-entry agreement changes and recommended the Council adopt the agreement as amended. MOTION: Redpath moved, seconded by Bentley, to adopt the right-of-entry agreement with Edenvale as amended. Motion carried unanimously. 0. Report of Director of Community Services 1. Swedl and property appraisals Moved to the Consent Calendar as item III. F. 2. Earl & Helen More House acquisition 4 Moved to the Consent Calendar as item III. G. 3. Red Rock Park acquisition Moved to the Consent Calendar as item III. H. 4. Authority to advertise for bids for tennis courts at Middle School and Creekwood Park Moved to the Consent Calendar as item III. I. E. Report of City Engineer 1. Consider bids for Lake Idelwild Drainage Outlot I.C. 51-385 Resolution No. 81-97 Moved to the Consent Calendar as item III. J. Y 2. Consider bids for improvements on W. 70th Street I.C. 51-344C (Resolution No. 81-98 Moved to the Consent Calendar as item III. K. 3. Consider bids for traffic signal at TH 169 Anderson Lakes Pkwy. , I.C. 51-341A Resolution No. 81-99 Moved to the Consent Calendar as item III. L. f 4. Receive feasibility report and order utility improvements for Valle Place Office Park, I .C. 09 (Resolution No. 81-100) _ , City Council Minutes -6- May 19 , 1981 s City Manager Jull ie spoke to the issue and referred to the feasibility report dated April 1981. He also stated that both property owners had signed a petition requesting that improvements be made. Penzel referred to a letter dated May 18, 1981, from. William J. Bear- man whose property is adjacent to the subject property and who is one of those requesting the improvements. In the letter Bearman said there is a dispute as to the title to the northerly 11.34 feet and the easterly 350 feet of the property in question. He requested that there be no erection or intrusion .upon this disputed property and requested the City not to issue permits which would adversely affect the property. Bearman was in the audience and stated that the Hillgers have closed on the i property, but did not get Title Insurance on the portion under dispute. Bill Jacobson , one of the tkree developers of G.S.J. Development, said he did not see any reason why the land dispute should prevent the sewer from going in since both parties had agreed to it. Penzel questioned t►ie matter of storm drainage which was referred to in a letter of May 18, 1981, from George C. Hoff, attorney for Herieiv Hel le. City Engineer Dietz explained that 95% - 980 of the property will be drained to the northwest towards Valley View Road and into the ditch system. Bentley questioned whether or not improvements could be ordered before 2nd Reading is given to rezoning the property which is the next item on the agenda. At this point action was taken on item VII. E. 5.* MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-100, receiving report, ordering improvements and preparation of plans and specifications for improvements in Valley Place Office Park, I.C. 51-409. Motion carried with Tangen abstaining. *5. 2nd Reading of Ordinance No. 81-08 rezoning 4 acres from Rural to Office or town offices Valley Place Offices)_ by C.S.J. Development and eve_op- er s agreement (formerly III. A.) MOTION: Moved by Redpath, seconded by Edstrom, to give 2nd Reading to Ordinance No. 81-08, rezoning 4 acres from Rural to Office for town offices (Valley Place Offices) by C.S.J. Development. Motion carried with Tangen voting "no". • MOTION : Redpath moved, seconded by Edstrom, to approve the developer's agreement subject to any amendment which might be necessary to provide for utility easements in the area where the title is under dispute. Motion carried with Tangen abstaining. r City Council Minutes -7- May 19� 1981 Dennis Baker, 9219 Lake Riley Boulevard, President of the Lake Riley Im- provement Association asked for clarification on the action taken on the Swedlund property acquisition. Penzel explained the action. Baker went on to express the concerns of area residents. The Council concurred with Mayor Penzel that Director of Community Services Lambert would review the situation; City Manager Jullie would look into some of the traffic problems; and, if necessary, the members of the Homeowner's Association could bring issues before the Council so they might be able to further deliberate them. F. Report of Finance Di rectol^ 1. Consider proposals for the City' s insurance Finance Director Frane spoke to his memo of May 15 , 1981, which summarized the insurance proposals. He explained the League Trust is an agency which is an off-shoot of the League of Minnesota Munici- palities. The three agencies submitting bids were: M.E. Lane, League Trust, and Horizon . M. E. Lane, M.E. Lane Agency, explained why there is difference in the cost of the umbrella policy. Bill Homeier, Horizon Agency President, said they were $6,000 lower on the umbrella policy last year also. MOTION: Redpath moved, seconded by Tangen, to award the basic coverage policy to the M.E. Lane Agency for $79,436; the Public Officials cover- age to the M.E. Lane Agency for $2,446; and the umbrella policy to the Horizon Agency for $3,800. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel all voted "aye". Motion carried unanimously. 2. Clerk's License List City Attorney Pauly spoke to his memo to the Council dated May 12, 1981. Ordinance 134 requires a minimum of one acre for a kennel license. It appears exceptions have been made in the past. He called' attention to the memo from Frane re: Private Kennel Licenses which listed the location of private kennels. Tangen thought it would be proper to allow this license to -be granted providing no new dogs could be licensed. Edstrom expressed concern on voting for somthing which is not in com- pliance with an Ordinance. Penzel noted that the public should be made aware of licensing of dogs as well as the fact that the Ordinance only allows two dogs on less than an acre. , Staff was directed- to see that notices are placed in "Happenings" and local newspapers regarding dog licensing and the Ordinance governing the licensing. City Council Minutes -8- May 19, 1981 MOTION: Tan en moved, seconded b Bentley, to 9 y y approve the- kennel licenses -- 1) Rosens at 10266 Laurel Drive and 2) Reniers at 13895 Holly Road -- with the condition that these kennel l icenses will not be renewed once one of the animals is gone. Motion carried with Edstrom voting "no". NOTION: Tangen moved, seconded by Bently, to approve the remaining items on the Clerk 's License List. Motion carried unanimously. VI I I. NEW BUSINESS i There was none. IX. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9:52 p. m. Motion carried unanimously. s �fSPy^... t °eir,. CITY OFFICES /8950 EDEN PRAIRIE ROAD/ EDEN PRAIRIE. MINNESDTA 55344/TELEPHONE 16121 937-2262 1981 BOARD OF REVIEW Tuesday, May 26, 1981 Board Members: Pres. of the Board, Mayor Wolfgang Penzel ; Dean Edstrom, Paul Redpath, George Bentley, George Tangen Council Staff: City Mgr. Carl Jullie, City Assessor Robert Martz, Deputy Assessor Steve Sinell , Lorna Thomas , Appraiser; Thomas O'Brien, Appraiser Hennepin County Staff: Robert W. Martin ; Asst. Henn. Cty. ,assessor The Board of Review was called to order at 7:30 P.M. by Board Pres. Wolfgang Penzel . Concerned taxpayers appearing and the dispositions made were as follows: TAXPAYER NAME DISPOSITION 1. Mr. Robert Gardner Values sustained 2. John Waters Values sustained 4 3. Ron Youngren Value reduced to $96000 4. Gretchen Salyards Reviewed - No reduction 5. Leland Kottke Value sustained 6. Edward Murnane Review valuation 7. Hakon Torjessen Review valuation 8. Douglas Page Wanted to discuss with Assessor 9. Warren Gerecke Did not appear 10. Alfred Henderson Value sustained 11. Bruce Brill Staff review - value reduced 12. Fred Holasek Staff review - value reduced 13. Donald Sorenson Staff review - value reduced 14. Jim Perkins Staff review - value reduced 15. Edward Finke Staff review - value reduced s 16. Gedney Tutle Staff review -value reduced 17. Dr. Burnham Staff review - value reduced. 18. James McNeil Staff review - value reduced 19. Dr. Molde Staff review - value reduced 20. Howard Knudsen Staff review - value reduced 21. Dr. Waldemar Cruz Staff review - value reduced 22. Dr. George Tangen Staff review - value reduced 23. Mrs. Otis Staff review - value reduced 24. George Welsh Staff review - value reduced 25. Joe Gardner Staff review - value reduced 26. Joel Harding Staff review- value reduced 27. John Wilkie Staff review - value reduced 28. Haynar Larson Staff review - value reduced 29. Richard Bertelson Staff review - value reduced 30. Jo Ann Irvine Staff review- value reduced i - 2 - TAXPAYER NAME DISPOSITION 31. McDonalds Restaurant Letter 32. Antje K. Simunac Value reviewed - no reduction 33. Richard Rovang Value reviewed - no reduction 34. Mrs. Haynes Satisfied with value 35. Robert Gibson Letter - No reduction 36. Bob Kamphoff No reduction 37. Mike Eames Will contact sometime 38. Bob Dunbar Value reviewed - reduction 39. Terry Douglas Commercial to Farm 40. Raymond Freeburg Value reviewed - reduction Board of Review recessed at 11:20 P.M. to reconvene at 7:30, June 15, 1981. w jr.