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HomeMy WebLinkAboutCity Council - 01/03/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 3, 1984 7: 30 P.M. , SCHOOL ADMINISTRATION BUILDING COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson , George Bentley, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J . Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Euaene A. Dietz and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE f ROLL CALL: all members were present t++ Y I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and s Other Items of Business as published. Motion carried unanimously. II . MINUTES A. Minutes of the City Council Meeting held Tuesday, December I983 MOTION: Bentley moved , seconded by Anderson , to approve the Minutes of the City Council Meeting held Tuesday, December 6 , 1983, as published. Motion carried with Tangen abstaining. B. Minutes of the City Council , Planning Commission, and Parks, Recreation -Natural Resources Commi ssi on Meeti na held Tuesday December 13, 1983 MOTION: Bentley moved , seconded by Tangen, to approve the Minutes of the City Council , Planning Commission, and Parks, Recreation & Natural Resources Commission Meeting held Tuesday, December 13, 1983. Motion carried unanimously. l City Council Minutes -2- January 3, 1984 III . CONSENT CALENDAR A. Final Plat a roval for Tanager Creek (south of St. John' s Wood) (Resolution No. 84-05T_ B. Final Plat approval for Maple Knoll (Duck Lake Trail at Purgatory Creekj-^jResolution No. 84-04� -� C. Reschedule March 20, 1984, Council_Meeting to March 27, 1984 s D. Clerk' s License List E. Resolution No. 84-07 , designating the Official City!Newsy aver F. Resolution No. 84-08, authorizing City Officials to transact banking business G. Resolution No. 84-C9, authorizing use of facsimile signatures Public Official H. Resolution No.i84-10, designating depositories I . Resolution No. 84-11 , authorizing the treasurer to invest Ci�y of Eden Prairie funds Penzel requested West 66th Street be platted in the Tanager Creek final plat. Anderson said he would not like to see this done without the residents in the area being notified. Penzel said he felt the residents were aware this was to be done by virtue of the public hearing which was held at the time the prelim- inary plat was approved. He also said residents will have an opportunity to speak should a public improvement be scheduled which would necessitate a public z improvement hearing. MOTION: Bentley moved, seconded by Redpath, to approve items A - I on the Consent Calendar with the recommendation that West 66th Street be platted (item A. ) Motion carried unanimously. IV. PUBLIC HEARINGS A. CARMEL ADDITION by Hans _Hagen Homes . Request for Planned Unit Development District Review and Zoning District chance from Rural to R1-13.5 and pre- liminary plat of 43 acres for single family lots. (Location: north of Rowland Road and west of Old Shady Oak Road. ) (Resolution No. 84-02 - Planned Unit Development District, Ordinance No. 84-01 - PUD/Zoning , and Resolution No. 84-03 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners in the project vicinity had been notified. MOTION: Anderson moved, seconded by Bentley, to table action on this item until the developer arrives . Motion carried unanimously. (See page 6 - following item Ia. D. 2. ) City Council Minutes -3- January 3, 1984 V. PAYMENT OF CLAIMS NOS. 11.299 - 11352 ; 11352 - 11515 MOTION: Bentley moved, seconded by Redpath , to approve the Payment of Claims Nos. 11299 - 11352 and 11352 - 11515 . Roll call vote: Anderson , Bentley, Redpath , Tangen and Penzel voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS Staff was instructed to report back to the City Council regarding the Restora- tion Committee ' s Marketing Plan for the Kouba print. There were no reports . VII . APPOINTMENTS - p copal ities - Appointment of 1 Representative A. �'letro of i tan Lea4ueof Muni _ and 4 Alternates. MOTION: Bentley moved, seconded by Tangen , to appoint the Mayor as the Representative to the Metropolitan League of Municipalities with Council- men Anderson, Bentley, Redpath and Tangen as Alternates. Motion carried unanimously. B. Health Officer - Appointment of 1 Health Officer for the year 1984. MOTION: Tangen moved , seconded by Bentley, to confirm Penzel ' s appoint- nient of Dr. Frederic P. Ekrem as Health Officer for the year 1984. Motion carried unanimously. tout and 1 Cot Staff _e vices Council - Appointment of I Council Representa- 4 C. South Henne � nyHuman Sere,^esentatve to serve 2 year terms commencing 2/1/84. ,r MOTION: Redpath moved, seconded by Bentley, to appoint Councilman Anderson and Human Resources Coordinator Flynn as City Representatives to the South Hennepin Hunan Services Council. Motion carried unanimously. D. WAFTA Board_ - Appointment of 1 Representative to serve a 1-year term p commencing 1/1/84, MOTION: Tangen moved , seconded by Redpath , to appoint George Bentley as the City' s representative to the `vJAFTA Board. Motion carried unanimously. w E. Ap.poj_ntment of City .Attorneyy �v MOTION: Redpath moved, seconded by Anderson, to appoint Roger Pauly as the City ,Attorney. Motion carried unanimously. i F. Appointment of 2 Representatives to the Suburban Rate Authority for 1984 (Resolution No. 84-1S MOTION: Redpath moved , seconded by Bentley, to appoint Councilman Tangen and Finance Director Frane as the City ' s representatives to the Suburban s; Rate Authority. Motion carried unanimously. City Council Minutes -4- January 3, 1984 VIII . ORDINANCES & RESOLUTIONS A. Resolution No. 83-_33, requesti nq approval of Planned Unit Development Concekt Review for mixed residential land uses on 150 acres for 525 units for Red Rock Ranch by Robert Mason Homes. Location: west of Mitchell Road z and east of the eastern shore of Red Rock Lake. City Manager Jullie noted that last minute changes had precluded any 4 action being taken on this item. MOTION: Bentley moved , seconded by Tangen, to continue this item to such a time as the agreement is complete. Motion carried unanimously. B. Resolution No. 84-06, desi natinq the official meeting dates, time and place for the City of Eden Prairie Council members in 1984,_a;.d appoint ing an__Acti.n�_Ma,yor '� MOTION: Redpath moved, seconded by Anderson, to designate the 1st and 3rd Tuesdays of the m!�nth as the dates for meetings of the City Council , 7:30 p.m. as the time, and the School Boardroom in the School Administra- tion Building at 8100 School Road as the location of meetings . Motion " carried unanimously. MOTION: Bentley moved, seconded by Tangen, to appoint Councilman Redpath s as Acting Mayor. Motion carried unanimously. C. Resolution No. 84-12,_establ ishinq fees _for the City_of Eden _Prairie;for 1984 � ,. MOTION: Tanaen moved, seconded by Anderson, to table discussion on this item -,ntil after consideration of IX. D. 2. Motion carried unanimously. IX. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council_Menbe rs There were no reports. B. Report of City Manager 4 - 1 . Joint Powers Agreement reqardi 000sed Municipal Leai sl ati ve Commission 5k' City Manager Jullie stated the basic idea of this agreement is for several suburban communities with the same concerns as Eden Prairie with respect to legislative issues to pool resources to hire an effective lobbyist. He said these communities would represent about 400,000 people. He noted the financial commitment would be limited to $. 25 per capita, with a S10,000 cap. Bentley said he thought this was an excellent idea . Redpath asked which cities would be a part of this group. Jullie indicated it would include Bloomington , Brooklyn Park, Burnsville Eagan , Edina, Maple Grove, Maplewood, Plymouth, Roseville, White Bear Lake, Woodbury, Minne- tonka and Eden Prairie. m City Council Minutes -5- January 3, 1984 t k MOTION: Bentley moved, seconded by Redpath, to approve the Joint Powers Agreement authorizing membership in the Municipal Legislative Commission. Roll call vote: Anderson, Bentley, Redpath, Tanaen and Penzel voted "aye. " Motion carried unanimously. C. Report of _ City Attorney_ City Attorney Pauly thanked the Council for reappointing him City Attorney and said he looked forward to working with the City Council during the coming year. He noted that during 1983 there were a total of 1800 arraign- ments compared to 1200 in 1982 , there were 185 written complaints , 440 pretrial hearings , and 74 actual trials during 1983. D. Report of Director of Community Services 1. Community_ Center non-resident_ membership fees Director of Community Services Lambert addressed a memorandum dated December 15 , 1983, in which membership rates were reviewed. MOTION: Redpath moved, seconded by Anderson, to adopt non-resident membership fees as outlined in the December 15, 1983, memorandum. Motion carried unanimously. K 2. Cash Park Fees Director of Community Services Lambert indicated cash park fees had not been raised since 1979. He called attention to a memorandum dated December 30 , 1983, in which cash park fees of second tier suburbs were .. reviewed. Lambert recommended this be referred to the Development Commis- sion for its review and recommendations, Redpath said he sees a need for cash park fees and the necessity for increasing them but would like further input by the Development Commission . MOTION : Redpath moved, seconded by Bentley, to instruct Staff to review this proposal with the Development Commission with recommendations from that Commission to be returned to the Council no later than the March F` 6, 1984, Council meeting. y� Bentley said he felt this to be an expensive proposition which adds to the cost of the homes and other development. Penzel said one must keep in mind the principal users of the park system -- he Hated the large number of industrial -use employees who use the City parks. Anderson said the City has a long range plan for parks . He noted that funding, such as LAWCON grants, is ne longer available and the funding must now come from another source. He said he felt that the plans and prograns must be met in one way or another. ;, ,, VOTE ON MOTION: Motion carried unanimously. City Council Minutes -6- January 3, 1984 VIII . C. Resolution No. 84-12 (continued - see page 4. ) Anderson expressed concern about Community Center fees being categorized { 17 years and under and 18 years and older. He suggested that many high school seniors are 18 and it would be nice if they could be included in the lower rate. There was discussion of Section 2. 3 "live musicians" . Bentley said he felt this precludes live music in the City. City Manager Jullie explained the rationale for this fee. Jullie said there may be a way to distinguish between a private party and a public event. Staff was requested to further examine this section and to return to the Council with a recommendation at the March 6, 1984, meeting of the Council . Bentley requested the wording regarding non-resident fees be changed to read "150% of" rather than "50% over. " MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No. 84-12 as amended and published and pending further changes as noted. Motion carried unanimously. IV. A. CARMEL_ADDITION by Hans Hagen Homes. (continued - see page 2. ) Hans Hagen, developer, addressed the proposal . Director of Planning Enger stated the Planning Commission had reviewed this project at its October 24, 1983, meeting and since that time had reviewed a total of four plans . Plans were reviewed at the November 14 , 1983, meeting and again on December 12, 1983. At its meeting an December 12th the Commission had voted to recommend approval subject to the recommen-- dations included in the October 21 , 1983, Staff report which was amended, and according to the plans dated November 22 , 1983. Director of Community Services Lambert stated the Park and Open Space Plan has never shown a park in this area due to the Bryant Lake Park; now that this is a regional park, the City is looking at a park to serve the neighborhood. He said review of this proposal had included looking at taking land in lieu of cash park fees . He recommended an appraisal be made to see what the value of the property is. Lambert indicated there were areas with steep grades which are undevelopable. He noted this would be a 14 acre parcel of which 4 . 1 acres would be developable and would become the park area . Lambert said the City should not have to pay more than $20,000 for this parcel since the soil conditions and grades make the piece undevelopable; these areas would be left in their natural state. Redpath asked about the change from 9.5 to 13.5 residential zoning. Enger said it was felt a PUD allowed that type of change to occur but this is really a 13. 5 subdivision and further lot splits would not be requested under this zoning . City Council Minutes -7- January 3 , 1984 Bentley said he would abstain from voting on this proposal but had some concerns he wished to express. He asked if it was appropriate to open this area to development at this time or is it premature, where is the stub road to the north going to go if it cannot go through the park, and he questioned the number of cul-de-sacs in the proposal . He said he felt it was an excellent project overall , but was concerned about these three areas. Enger said this type of of terrain lends itself to cul-de-sacs . Enger said the City will further examine the connection of the stub road which had already been looked at and no solution had been found . Redpath asked how nnuch work had been done with the neighbors. Hagen said he had discussions with the Pavelkas to the east and Clifford Bodin to the south. He noted the concerns of both neighbors . He said a portion of the property to the south, owned by the Drs . Farber, had been included in the Carmel proposal . He said he has not had any per- sonal conversations with the Holaseks to the west, but would provide access to their property. Hagen said he had contacted the people to the north to see if they wished to sell and include their property in the proposal and they were not interesced. The Bodins had expressed concern about the development -- they do not wish to have utility connections i r made and would prefer the status quo be maintained. i Penzel asked Director of Public Works Dietz if the utilities would be gravity feed or lift stations . Dietz said gravity feed are proposed and the actual route had not yet been established. Penzel asked Enger about the dead end to the west. Enger said Hagen did not feel it was fair for his development to bear the cost of the connections ; he would provide the right-of-way however. Penzel asked what the proposed difference in elevation would be between this development and the Crosstown . Enger said the Crosstown extension would be about 4.0' higher than what is proposed. Penzel asked if there would be access to the Bernardi property. Lambert said there would be no direct access. Penzel aksed if a sector plan had been done for this area ; he noted he was not ready to make any zoning changes or other permanent plans for adjoining property owners , but felt something should be done on an area-wide basis. Enger said Staff had reviewed the properties in the sector; it was determined that the Carmel proposal would set the tone for future development in this sector. Enger reviewed the landholdings in the area. Penzel asked where the storm drainage overflew goes , Enger said it was . surface flowage and goes north; this would not be changed by the development. Penzel asked whose property west of Shady Oak would have to be crossed to extend the sewer into this area . Enger said it would be the Uherka property. Dean Holasek , 6475 Rowland Road , said this is a nice plan. He said the neighbors , however, have different ideas as to what should be done with this property. lie said he does not like to see the hills developed and would prefer multiple dwelling units. Holasek said he would like to see this proposal referred back to Staff for more neighborhood input. He asked if Rowland Road could be tied into the Hennepin County Park Reserve City Council Minutes -8- January 3, 1984 District in some way. He suggested a ponding system to help with the run-off from the Crosstown. Holasek expressed concern about the location of the park on the northern end of the project. Hagen said he had worked with the neighbors. He said he felt decisions regarding the development had been made consistent with soil conditions and topography. He said he felt the only impact Carmel Addition would have on the properties to the west would be to establish land use in the area. Redpath asked if consideration had ever been given to carriage homes in this area. Hagen said they really had not given carriage homes consider- ation because they felt this was an excellent location, only 15 minutes from downtown, and would support high quality single family residences. He said lower cost, high density would sell very well in this area also. Enger said the Comprehensive Guide Plan shows low density single family residential in this area. He noted that successful transitions have been made in other areas of the City and he would not be surprised if the property to the east of this came in for development in something other than single family. Karen Torjesen, 6605 Rowland Road, said she felt the general plan for this sector does not provide for enough options ; other options are available rather than 13. 5 zoning. She said she would prefer to see much larger lots or density trade-offs. Julia Larson, 6509 Rowland Road, stated she has lived at that address for 40 years. Ten years ago her son-in-law wanted to build townhouses on their property. This was turned down by the City; industrial use on their property has also been turned down. She said now they have a buyer who wishes to develop it according to the Guide Plan and now they are getting complaints from the neighbors . She asked if they would have to wait 10 - 20 more years while the Holaseks and Paveikas decide whether or not they wish to develop their property. t_arson said she felt their proposal should be given fair consideration since it fell within the Guide Plan. Roger Farber, 6525 Rowland Road, gave his reasons for including a portion of his property in with the proposed development; the main reason being this would allow the only developable area of his property to be developed. Redpath noted that the City Council has in the past requested the developer to meet with the neighbors. He said he would like to request Staff to meet with the developer and the neighbors to see what can be worked out as well as to find out how the neighbors might like to develop their properties. He said he liked Hagen' s plan for the area. Penzel said he basically concurred with Redpath. He said he would like to see the Council give this a first reading while requesting Staff to meet with the neighbors . He expressed concern about the connection of sewer and water through the Pavelka piece. Penzel said he does not see any benefit in multiple develop- ment in this area. City Council Minutes -9 January 3, 1984 Bentley said he would like to see an over-all development plan for this area of the City. Tangen said this is a sector of the City for which 13.5 zoning has been requested and for which the neighbors are requesting something higher. He noted that in the northwest sector of the City, the residents were opposed to higher densities when they were proposed and only wanted to have 13.5 zoning allowed. He said he would support the proposal as presented this evening. He expressed concern about the fact that the adjacent property owners v/ere concerned about the impact of this on their properties. Ken Biersdorf, realtor, representing the Uherkas of 6301 Shady Oak Road, had a question regarding the road connection of City West Parkway west of Shady Oak Road. Dietz said there have not been final plans mad:: for the connection, but this would be the logical place for a connection. .Test hov. the Uherka parcel is to be develop will have an impact on where the connection is made as well as the location of utilities. Bentley said he thought the Planning Commission had considered the appropriateness of the land use on the ajoining properties. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-02, approving the development of Planned Unit Development of Carmel Addition for Hans Hagen Homes. Motion carried with Bentley abstaining. MOTION: Tangen moved, seconded by Anderson, to give 1st Reading to Proposed Ordinance No. 84-01, rezoning. Motion carried with Bentley abstaining. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 84-03, approving the preliminary plat of Carmel Addition for Hans Hagen Homes, Inc. ; and to direct Staff to prepare a Developer's Agreement taking into consider- ation the recommendations included in the Staff Reports and those of the Commissions, to include the stub road connections both north and south, to preclude the use of knock-down barriers, to have an appraisal made on the park property, as well as other items of concern expressed by the Council this evening. Motion carried with Bentley abstaining on the portion dealing with the preliminary plat and voting "aye" on the preparation of the Develop- er' s Agreement. MOTION: Anderson moved, seconded by Bentley, to direct Staff to call a meeting of the landowners to discuss potential uses of those parcels and } < '- to have Director of Public Works Dietz review the potential location of utilities and the impact this will have on the road connection from New Shady Oak Road westward to Old Shady Oak Road. Motion carried unanimously. Penzel recommended the neighbors find a new name for Old Shady Oak Road. It was his feeling that the property owners should decide on this. ...... ..-- ..�, .. ... +mi+wwrs:• .. �;:ww.asw�www�wx+F �' 4 City Council Minutes -10- January 3 , 1984 X. NEW BUSINESS Redpath noted that Ray Mitchell has retired as Fire Chief. Penzel said a letter had been sent to him on behalf of the City Council thanking him and commending him for his service. XI . ADJOURNMENT MOTION: Bentley moved, seconded by Redpath, to adjourn the meeting at 10:05 p.m. Motion carried unanimously. w