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HomeMy WebLinkAboutCity Council - 07/20/1982 } . S APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL i TUESDAY, JULY 20, 1982 7:30 PM, CITY HALL i COUNCIL MEMBERS : Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF : City Manager Carl J . Jul 1 ie, City Attorney Roger Pauly, Finance Director John D. Frane, Assistant to the Planner Jean Johnson , Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION : Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL : all members were present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The follo•.ving items were added to the Agenda : IX. B. 3 . Consideration of the Purchase C Agreement for the Schultz property; IX_ D 4 Eckert RLS ; IX. D. 5. Sunnybruok/Creek KnoTT—Roa-d Ccnnect_ion;� —1_X_. D . 6. Railroad _Transporta_tion _A�reement_for_Crossinq at County Road 67 ; and IX . D. 7. Hennepin_ Count Agreement for Signals at VallView Road - -_-.- MOTION : Redpath moved , seconded by Tangen , to approve the Agenda as amended and published . Motion carried unanimously. II . MINUTES A. Special City Council Meeting held Tuesday, June 29, 1982 Page 2 , para. 1, line 5: add the following after "is available: "and that West 70th Street be constructed as necessitated by development to the east. MOTION Redpath moved , seconded by Tangen, to approve the Minutes of the Special City Council Meeting held Tuesday, June 29, 1982 , as amended and published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, July 6 ,_1982 Page 10 , item VII . A. I , para. 1 : change "met with representatives" to "spoken with a representative" . Page 10 , item VII . A. 1 . , para . 3: change: "are determined." to "would be deter- mined if an Ordinance were drafted." City Council Minutes -2- July 20 , 1982 MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the July 6, 1982 , Regular City Council Meeting as amended and published . Motion C carried with Redpath abstaining. f III . CONSENT CALENDAR A. 8pprove_plans and specifications for revised Mitchell Lake Estates 2nd Addition Improvements , I .C. 52-030 , and set bid openin date for 10:00 a.m. , Auaust 3, 1982 (Resolution No. 82-182)T�RB . Final flat approval for Lee Data Corporation (Resolution No. 82-181) C . Final p-lat_approval_ for Bryant Lake Center 2nd Addition (Resolution No. 82-180) D . Change Order_ No . 1 for -Westwood _Industrial Park , I`C_.�52-01.5 E . Change Order No . 1 , Well Collector line project , I .C. 51 -354 F . MTS PUD Developer's Agreement G . Award bid for County Road 1 Bike Trail H. Clerk 's License List MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent Calendar. Motion carried unanimously. -- PUBLIC HEARINGS 6.3 acres from Rural i:o RM 2 . 5 tod) by G & D Enterprises . Request to rezone A. BAYPOINT MANOR APARTMENTS revise construct a 4-story building with 152 apart- ment units and from Rural to R1-22 for approximately 2 acres for existing single family structure and preliminary plat approval . The property is part of The Preserve PUD 70-04 and may include granting of variances . Located south of Preserve Community Center Barn and north of Neill Lake (Resolution No. 82-129 - PUD; Ordinance No. 82-14 rezoning ; and Resolution No. 82-130 - preliminary plat) - Continued from July 6, 1982. Because everyone was familiar with the proposal , there was no formal presentation. There were no comments from the audience. MOTION : Redpath moved , seconded by Tangen , to close the Public Hearing and to adopt Resolution No. 82-129, approving the development of PUD 70-04 of The Preserve . , • Edstrorn asked Bentley to restate his objections to the proposal since Edstrom was not present at the meeting when Bentley noted them. City Council Minutes -3- July 20, 1982 { Bentley said his objections were: the size of the building itself; its location in relation to the Preserve Center; the location of the parking; the provision for expansion parking in an area which is currently green space; and the fact that it is a very large building. Edstrom said for a long time people have been aware that there would be high density in that particular area. Bentley said he had no objection to multiple dwellings being built on that site , but this density bothers him. There are a number of large buildings in a small area . VOTE ON MOTION: Motion carried with Bentley voting "no. " MOTION: Tangen moved, seconded by Redpath, to give 1st Reading to Ordinance No. 82-14, rezoning 6.3 acres from Rural to RM 2.5 and approximately 2 acres from Rural to 111-22 . Motion carried with Bentley voting "no. " MOTION : Tangen moved , seconded by Redpath, to adopt Resolution No . 82-130, approving the preliminary plat of Baypoint Manor Apartments . Motion carried with Bentley voting "no. " MOTION: Redpath moved , seconded by Tangen, to instruct Staff to draft the Developer ' s Agreement taking into consideration comments and recommendations from the Staff Report dated March 18, 1982 , and those of the Planning Commission and the Parks , Recreation & Natural Resources Commission; special consideration should be made to save the large oak tree to the east of the building; and the marina is to be constructed concurrent with this project. Motion carried unanimously. r s Dale wenkus , 8706 Leeward Circle, an architect and a resident of The Preserve , said he concurs with Bentley ' s concerns . He felt that very little of The Pre- serve has been built according to the original PUD concept. He felt the total image or concept of The Preserve is gone. He felt the issues must be addressed from an aesthetic viewpoint; density should be discussed, but aesthetics are of major importance . Because this is the last area on Neill Lake, he felt it would be a good location for low density/townhouse type units. He noted this was probably not offered for this type of housing because the market is not i demanding that at the present time . Penzel stated one of the most difficult issues to address is that of aesthetics. The Council has been advised that is the one issue that cannot be utilized as criteria because it is "in the eyes of the beholder" and it is not a matter of law. The original concept of The Preserve, he noted, placed the high density uses near the recreation facilities because these uses would be in most need of such and would be of most benefit to those residents. Richard Smith, developer and architect, said that building a building today for aesthetic reasons is secondary to the performance of the pro forma package. You cannot build a building unless it functions . He stated more than one year had been spent in meeting with residents of The Preserve and representatives of the City so that a feasible project might be packaged. He felt the proposal is a good one and will be an amenity to the City and to The Preserve. Redpath said he has felt that the greatest number of people should enjoy the amenities ; apartment buildings usually end up next to railroad tracks, freeways, etc. There will now be two buildings in Eden Prairie which have amenities. City Council Minutes -4- July 20, 1982 s f B. TAX INCREMENT FINANCING DISTRICT FOR EDEN VALE APARTMENTS (Resolution No. 82-174) - Continued from July 6 , 1982. MOTION : Tangen moved , seconded by Redpath, to continue this item to the August 3, 1982, Council Meeting. Motion carried unanimously. C. CHAPTER 11 (ZONING) OF CODIFICATION (Ordinance No. 82-18) - continued from ul Jy b, 1982 City Manager Jullie reviewed what the process is regarding Chapter 11. MOTION: Edstrom moved, seconded by Tangen, to close the Public Hearing , to give 1st Reading to Ordinance No . 82-18, and to note receipt of the Planning Commission 's recomn;endations regarding Chapter 11 . Tangen said he would like to see consideratior, given to new technology in the area of private waste treatment systems. The City might well be able to incor- porate this type of technology particularly in areas where the topography warranted it -- to preserve trees , hills , slopes , etc. Edstrom said now is the time to address the new code and to worry about the changes at a later time . City Attorney Pauly noted that the text referred to in Section 1 of Ordinance 82-18 refers to Chapter 11. The material contained in Chapter 11 was most re- cently studied on June 29, 1982 , by the Council . VOTE ON THE MOTION: Motion carried unanimously, MOTION: Tangen moved , seconded by Edstrom, to direct Staff to look into the recommendations of the Planning Commission and to report back to the Council . Motion carried unanimously. D. EDENVALE 15th ADDITION by Equitable Life Assurance Society of the United States . Reques-t for develo-imen t stage of the Edenvale PUD 70-04, rezone 17 acres from w .Rural to RM 6.5 , preliminary platting of approximately 106 townhouses, and possible variances from the RM 6.5 District. Located north of Edenvale Boulevard, east of Edenvale 11 and 14 Additions . (Resolution No. 82-176 - PUD; Ordinance No. 82-19 - rezoning ; and Resolution No. 82-177 - preliminary plat) Penzel called attention to the petition from Edenvale residents which had been distributed to the Council prior to the meeting . It was noted this petition was about four months old and substantial changes had been made in the proposed development since that time. s Dick Krier, Westwood Planning and Engineering , spoke to the proposal . He showed slides of sight lines from existing areas to the proposed site and drawings of cross sections. l City Council Minutes -5- July 20, 1982 Assistant to the Planner Johnson stated this item had been considered by the Planning Commission at its June 28, 1982 , meeting at which time it voted to recorunend approval subject to the conditions contained in the June 23 , 1982, Staff Report. r There was no report from the Parks, Recreation & Natural 'Resources Commission because this is part of the Edenvale PUD. 3 Harry Picha , 6649 Birch Island Road, said he is concerned about the big oaks along the property line. Krier said these would be saved. He said he does approve of the fence which will be built along the property line. The fence will 'be a 5 ' board-on-board fence. s Bert Hassel , 6827 Woodhill Trail , expressed concern about the trees . He also asked that a four-way stop sign be placed at the Woodhill Trail/Edenvale Boule- vard intersection . f Bentley asked when Edenvale Boulevard would be extended to Birch Island Road. Redpath said Edenvale Boulevard should be completed in conjunction with this project. Methods o . assessing such an improvement were discussed. City Manager i Jullie said a petition had been received requesting this extension and this is presently being reviewed by Staff; a feasibility study will be made. MOTION: Edstrom moved , seconded by Redpath , to close the Public Hearing and to adopt Resolution No. 82-176, approving the development of PUO 70-03 of Edenvale. Motion carried unanimously. MOTION: Edstrom moved , seconded by Redpath , to give 1st Reading to Ordinance 82- 19, rezoning of 17 acres from Rural to RM 6 . 5. Motion carried unanimously. MOTION: Edstrom moved , seconded by Penzel , to adopt Resolution No. 82-177 , approving the preliminary plat of Edenvale 15th Addition. Motion carried unan- imously. MOTION: Edstrom moved, seconded by Tangen , to direct Staff to draft the Develop- er' s Agreement including the recommendations of the Planning Commission; the recommendations of the Staff Report;and the concerns expressed this evening re- garding the oak trees , the fence along the Picha property, and the extension of Edenvale Boulevard . Motion carried unanimously. MOTION: Bentley moved , seconded by Edstrom, to direct Staff to see what can be done to Birch Island Road to provide safe access , on a temporary basis , to this area . Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 2715 - 2953+ MOTION: Redpath moved , seconded by Tangen , to approve the Payment of Claims Nos . 2715 - 2953 . Roll call vote: Bentley, Edstrom, Redpath , Tangen and Penzel voted "aye. " Motion carried unanimously. ar: City Council Minutes -6- July 20, 1982 1 i VI _ REPORTS OF ADVISORY COMMISSIONS There were no reports . VII _ ORDINANCES & RESOLUTIONS A. Preliminary approval for Housing Revenue Bonds in the amount of $7�000,000 .00 for G--&----D- Enterprises CB2aykgint Manor Apartments and authorizin a Public _Hearing _on_a Fiou_sin Program for the City of Eden Prairie Resolution No . 82-170� Con t hued from July 6, 1982 Richard Smith , architect and developer, addressed the request. He noted Knutson Associates would handle the bond sale . Art Peil , Knutson Associates , was present to answer questions . He stated the actual bond sale will be conducted by Newnan and Associates of Denver; Knutson is working on the letter of credit which will allow G & D to get an "AA" bond rating from Standard and Poors . Redpath inquired whether any Section 8 subsidy would be included in this project. Peil said there would not be; 20' of the units will be reserved - for lower rents , but this will be handled internally. Edstrom asked if this will be a private placement. Peil said it would be . Penz-?l asked if there are SLatutory limitations towards the issuance of these bonds by a municipality. Finance Director .aid there is none on the ( total amount a municipality may issue . Tangen asked if this project was similar to the Edenvale project which the Council had recently approved. Frane said it is similar, but the Edenvale project used financing which involved applying for HUD tandem funds . MOTION : Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-170 , granting preliminary approval for Housing Revenue Bonds in .the amount of $7,000 ,000.00 for G & D Enterprises (Baypoint Manor Apartments) and author- izing a Public Hearing on a Housing Program for the City of Eden Prairie. Bentley stated he would vote "no" on the motion because he has a basic dislike for the concept of housing revenue bonds . Redpath said the Council has committed itself to affordable housing in Eden Prairie and this is one way of providing such housing . Edstrom noted the government has made this program available to municipalities ; other cities are using it . Penzel said industrial revenue bonds are another subsidy and not entirely different - both are businesses . Bentley said he would prefer to see zoning, PUDs , etc . used as tools to provide affordable housing. Bentley said he felt jobs were provided for a long term when industrial revenue bonds were issued; this is not the case with hourinC revenue bonds . VOTE ON MOTION: Motion carried with Bentley voting "no. " C City Council Minutes -7- July 20, 1982 B. Resolution No. 82- 175 Supporting Landfill Disposal Abatement MOTION: Redpath moved , seconded by Tangen , to adopt Resolution No. 82- 175, supporting Hennepin County' s Landfill Disposal Abatement Pro- posal . Motion carried unanimously. VIII . PETITIONS , REQUESTS 3 COMMUNICATIONS A. Request South Hennepin Human Services Council for funds City Manager Jullie spoke to the memorandum of July 14, 1982 , from Jan Flynn , Human Services Coordinator. MOTION: Bentley moved , seconded by Redpath , to appropriate funds to the South Hennepin Human Services Council as outlined in Flynn 's memorandum of July 14, 1982. Roll call vote: Bentley , Edstrom, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. B. MTS Systems Corporation Plat by MTS Systems Corporation. Request fcr Develop- --_----- _ .. _ _ ._.__. ment Phase approval of PUD 80-40-PUD, including preliminary plat approval of 159 acres into 3 lots and road right-of-way and approval of an Environ- mental Assessment Worksheet. Locatea south of TH 5 and east of Mitchell Road. (Resolution No. 82-178 - preliminary plat, and Resolution No. 82-174 - EAW) John Worrall , Brauer and Associates , spoke to the request. Also present were Paul Strand, MTS, and Barbara Miller, Magnetic Controls . Discussion on location of proposed Anderson Lakes Parkway and the manner in which it would be assessed or how purchased led to questions regarding the general policy on roads . Director of Public Works Dietz said nothing is pinned down ; however, one landowner is working on a petition now which would lead to a feasibility study for Anderson Lakes Parkway. There is no timetable at the present time. The availability of State aid funds is not known either. Edstrom asked what would happen if System "D" were selected for TH 21a.. Redpath said he was sure that would not happen during his lifetime. Further discussion on the TH 212 issue was deferred to later in the rneeti ng under Agenda item IX . D. 2. Bentley asked if there were any specific development plans for the sites. Strand said plans depend on the state of the economy. Strand said Magnetic Controls has purchased a piece of property which has not really been defined ; consequently, MTS is requesting plat approval so this might be accomplished and the purchase might beconsummated. MOTION: Tangen moved , seconded by Bentley, to adopt Resolution No. 82-178, approving the preliminary plat of MTS Systems Corporation. Motion carried unanimously. 4• A City Council Minutes -8- July 20 , 1932 I MOTION: Tangen moved, seconded by Bentley , to adopt Resolution No. 82-179, finding the Environmental Assessment Worksheet for MTS a private action and does not require an Environmental Impact Statement . Motion carried unani- mously. C. BOUTEN DENTAL LAB by Robert C. Bouten . Request to extend the time limit to operate a dental lab as an interim land use in a Rural District. Lo- cated at 8460 Franlo Road. } MOTION: Bentley moved , seconded by Redpath, to grant an extension to Bouten Dental Lab for an additional three years to operate a dental lab at 8469 Franlo Road. Tangen said he felt the interim use should not be for a specified period of time and the motion should state the use can continue until zoning in the area is designated; this in view that the area might be zoned in the time prior to that designated by the extension. Robert Bouten , 8460 Franlo Road , stated a specific time period is easier to deal with from his point of view. City Attorney Pauly outlined alterna- tives open to the Council . VOTE ON THE MOTION: Motion carried unanimously. D. Administrative split of Lot 5, Block 2 , Eden Heights Addition ( 16401 Hilltop _ _ City Manager Jullie spoke to the request by Bill and Karen Reitherman to allow an administrative split of Lot 5, Block 2 , Eden Heights Addition. Director of Public Works Dietz outlined the property on a map. Edstrom said he was against this because the property is in an area which does not have City sewer and water. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to direct Staff to proceed with the administrative split of Lot 5, Block 2, Eden Heights Addition. Motion carried with Edstrom voting "no. " E. Request from Richard W. Anderson , Inc . to lower berm between Shady Oak 5th Addition and Lee Data Corporation City Manager Jullie stated the request had been reviewed by Staff and it was felt the berm could be, lowered without creating any problems . MOTION: Edstrom moved, seconded by Redpath, to approve an amendment to ADI ' s Developer' s Agreement calling for a new stipulation regarding lowering the berm between Shady Oak Sth Addition and Lee Data Corporation taking into consideration landscaping which might enhance this change . Motion carried unanimously. City Council Minutes -9- July 20, 1982 z IX. REPORTS OF OFFICERS, BOARDS COMMISSIONS l A. Reoorts of Council Members There were no reports. B. Report of City Manager 1. Agreement for Financial Consultant Services MOTION: Bentley moved, seconded by Edstrom, to approve the agreement with Ehlers and Associates , Inc. for financial consultant services. Motion carried unanimously. 2 . ApRroval�of Addendum No. 1 to Eden Prairie/Richfield Dispatching �qreement and appointment of ex officio member to the Management Committee MOTION: Edstrom moved, seconded by Tangen , to approve Addendum No. 1 to Eden Prairie/Richfield Dispatching Agreement. Motion carried unanimously. MOTION: Tangen moved , seconded by Redpath, to appoint George Bentley as ex-officio member of the Management Committee. Motion carried unanimously. 3. Receipt of 1981 Audit Report William McCue, representing fox, McCue &Murphy, Certified Public Accountants , reviewed the 1981 Audit Report. Also present was John Fox of Fox , McCue & Murphy. Questions regarding specific funds , statements , and balance sheets were answered by McCue and Finance Director Frane . McCue said Eden Prairie is in good financial condition; it is diffi- cult to compare Eden Prairie to other municipalities because of its growth. The special assessing area will need continuing attention because of the number of projects and the costs involved. Bentley said he would like to see Staff report on the issue of internal control and what progress is being made in this area . MOTION: Bentley moved, seconded by Edstrom, to receive the 1981 Audited Financial Statements and Other Financial Information. Motion carried unanimously. City Council Minutes -10- July 20, 1982 4. Consideration of the Purchase A_reement for the Schultz Proper MOTION: Redpath moved , seconded by Tangen , to approve the purchase agreement for the Schultz property subject to final approval by the City Attorney. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Edstromvoted "aye. " Motion carried unanimously. C. Report of_Cit Attoi•ne , Redpath noted there were people in the audience who were present to support a gambling license for the American Legion Club. He said Legion clubs in surrounding communities do have such licenses and he would support such a license for the Eden Prairie American Legion -- funds derived from this would be used for a building fund as well as to support civic projects . City Attorney Pauly reviewed the requirements in the State statutes. If such a license were to be granted , the City would have to draft an Ordinance which would incorporate the State statutes . Edstrom asked who would participate in this activity. A member of the American Legion said it would be members and guests . Penzei said he had problems with this philosophically. He would like to have information from the Public Safety department before proceeding further. Edstrom said he is hi loso hicall p p y opposed to having anything funded by gambling proceeds . It was noted that none of the "games" under consideration has anything to do with bets on sporting events. MOTION: Bentley moved, seconded by Redpath, to continue consideration of this item to allow Public Safety time to review it and to get more specific information on what is proposed. Staff is directed to look at what specifically must be done before such a license can be granted. Tangen asked if there had been any public input regarding this. He would like to see this go before the commissions for their review. He would also like to see the citizens of the community have an opportunity to speak about the issue . Redpath said the connotation of legal gambling regarding this is too strong. Berl--- ley said he did ,nvt feel the potential for evil was great. VOTE ON MOTION: Motion carried unanimously. '.c City Council Minutes - 11- July 20, 1982 D. Report of Director of Public Works 1 . Award contract for West 76th Street Improvements . I .C. 52-031 s �Resvluton No. 82-183 MOTION: Redpath moved seconded by Bentley, to adopt Resolution No. 82-183, accepting the bid for I .C. 52-031 , West 76th Street improvements . Roll call vote: Bentley, Edstrom, Redpath, Tangen j and Penzel voted "aye." Motion carried unanimously. 2. Discussion of T.H. 212 Corridor Alignment City Manager Jullie reviewed the Schreiber Bill which provides funds for purchasing right-of-way for highways . He called attention to the Julv 15 , 1982 , memorandum to Gene Dietz from BRW regarding the "Analysis of the Proposed Trunk Highway 212 Alternative Alignments Through Eden Prairie as they Impact Development and Transportation Patterns . " Discussion centered on the impact of the alternative alignments on the adjacent properties . Tangen felt a decision on a specific corridor should be made so the adjacent property owners will be able to proceed accordingly. Edstrom agreed. Bentley questioned the general availability of the funds provided for by the Schreiber Bill . Penzel said he thought the City should proceed with all due haste. MOTION: Tangen moved , seconded by Edstrom, to instruct Staff to develop guidelines for selecting a cooridor, developing a time frame, and setting a Public Hearing. Motion carried unanimously. Edstrom said the felt it important to pick the right corridor from the standpoint of traffic. Tangen said he agreed and the decision might also have an impact on the interim type improvements which might be made on Highway 5. MOTION: Bentley moved, seconded by Penzel , to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. 3. Cooperative Agreement with Hennepin County for construction of Value View Road west of CSAH 18, I .C. 51-335 Resolution No. 82-184 MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-184, Valley View Road jmprovement agreement with Hennepin County DOT. Motion carried unanimously. City Council Minutes - 12- July 20, 1982 4- Eckert RLS Director of Public Works Dietz noted problems which have come to the attention of the City regarding percolation tests . MOTION: Edstrom moved, seconded by Tangen, to deny the Registered Land Survey on the Eckert property on Sunnybrook Road. Motion carried unanimously. S. Sunnybrook/Creek_Knoll Road Connection ' Director of Public Works Dietz stated the State has agreed to connect Sunnybrook Road with Creek Knoll Road for a cost in the vicinity of $1 ,000 to $2 ,000. MOTION: Edstrom moved, seconded by Tangen , to approve the Sunny- brook/Creek Knoll Road connection. Motion carried unanimously. 6. Railroad Transportation Agreement for Crossing_ at County Road 67 Director of Public '.forks Dietz spoke to the agreement. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82- 185, license agreement with Chicago and Northwestern Transportation Company. Motion carried unanimously. 7. Hennepin County Agreement for Signals at Valley View Road MOTION: Tangen moved , seconded by Redpath, to adopt Resolution No. 82- 186, CSAH 4/Valley View Road Signal Agreement with Hennepin County DOT. Roll call vote : Bentley, Edstrom, Redpath , Tangen and Penzel voted "aye. " Motion carried unanimously. X. NEW BUSINESS City Manager Jullie noted he will speak at a Chamber of Commerce "Eggs and Issues" Seminar on Wednesday, July 29, 1982, on "The Status of Road Projects in Eden Prairie." Bentley, on behalf of the Chamber, invited the Council to attend. XI . ADJOURPIMENT MOTION: Redpath moved, seconded by Penzel , to adjourn the meeting at 12:01 a.m. Motion carried unanimously. s