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HomeMy WebLinkAboutCity Council - 02/21/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 21 , 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM a COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson , George Bentley, Paul Redpath & George Tangen CITY 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 Eugene A. Dietz, and Record- ing Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present. I . ;,PPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentley moved , seconded by Redpath, to approve the Agenda and Other Items of Business as published. Motion carried unanimously. II . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, FE_BRUARY _7, 19$4 MOTION: Bentley moved , seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, February 7, 1984, as published. Motion carried unanimously. III . CONSENT CALENDAR A. Clerk ' s License List B. Receive 100% Petition for Tanager ,Creek -Improvements and Authorize preparation of Plans and Specifications, I .C. 52-060 Resolution No. 84-33)--- C. 2nd Reading of _Ordinance No. 15 84, zonjny from Rural to Comrnercia1 °e ?o^al Service ari 3 . 36 acres for ba ding and adoption of Resolution No. 84 32, approv ecti9R_Eden Glen 4th Addition subj to 5Lef c Conditions. Location: northeast quadrant of Singletree Lane and Glen Lciane. � _-- D. Permission to advertise for bids for Staring _Lake Park Trail Construction Phase II . MOTION: Tangen moved, seconded by Redpath, to approve items A - D on the Consent Calendar. Motion carried unanimously. City Council Minutes -2- February 21 , 1984 City Manager Jullie noted a petition from the residents of Rowland Road reauAsting a study of their sub-sector of the City. Bentley said he felt Hakon Torjesen ' s concern was whether or not the Carmel proposal fits in with the overall plan for this area. MOTION: Bentley moved, seconded by Anderson , to direct Staff to do a study plan of the Rowland Road sub-sector of the City (including sewer and water, road al i gnr-nents , etc. ) Tangen asked Planning Director Enger if he thought Staff could have a report ready in two weeks. Enger said he was somewhat taken aback by the request since Staff had met with area residents/property owners to discuss the impact Carmel Addition would have on their properties . At that time the property owners indicated they were going to engage the services of a site planner so their individual properties could be preplanned. Penzel said he thought the Council and the residents would benefit if a "blob" reap of the area was available as a means of formulating an under- standing of what might be. Don Brauer, planning consultant, said Carmel Addition can be considered as the "hole in the donut. " Hakon Torjesen, 6605 Rowland Road, stated the City' s Planning Department is very busy; perhaps the City would be willing to (sire Brauer as a consultant. Enger said he felt there might be a dis- crepancy between what the City is going to do and what the residents want done. He noted the City will not be doing a detailed PUD plan. VOTE ON THE MOTION: Motion carried unanimously. IV. PUBLIC HEARINGS --_ Request Planned n i A. _ E CENTER BUSINESS PARK by Opus_ Corporation. eq est forUnit Development Concept for 17 .4 acres for three office/warehouse buildings . Location: southeast quadrant of West 78th Street and Prairie Center Drive. (Resolution No. 84-34 - PUD Concept Approval ,) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Michelle Foster, Assistant Director of Planning and Governmental Affairs for Opus Corporation, addressed the request. Director of Planning Enger said this proposal had been reviewed by the Planning Conunission at its January 23, 1984, rmneting at which time it recommended approval subject to the recommendations included in the January 20, 1984, Staff Report. He noted this is a very sensitive piece of property; the Commission would not approve the plan in the form as shown to the City Council . He said the Commis- sion felt this site should be the site which offers the transition from indus- trial and therefore should be , at least in appearance, an office site with buildings of brick and with truck bays enclosed and away from view. He said the Planning Commission approved the plan subject to specific review in the future prior to rezoning. Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this request at its February 6, 1984, meeting and had discussed land use rather than land development. It had voted to recommend approval subject to the recommendations in the Staff Report of Jan- uary 20, 1984. City Council Minutes -3- February 21 , 1984 Penzel questioned the grading plan referred to by Foster. Director of Public Works Dietz said there was no clear answer as to what had been previously approved by the Council -- whether a final or interim grading plan had been approved. The interim grading plan contemplated removal .of 200.000 cubic yards of material of which the City needed the majority; the City Council had approved cf this proposal . Dietz indicated the City has removed 150 ,000 cubic yards already -- this is being used to surcharge Technology Drive -- and another 50,000 cubic yards is still needed. This will bring the total to 200,000 cubic yards. However, 50,000 - 80,000 cubic yards could still be generated off that site and still fall within the interim grading plan. He indicated that what Opus is asking for is within the terms of what had been approved, but something which he was not comfortable with approving administratively. Penzel asked where this additional material would go. Dietz said on the west side of Prairie Center Drive; it would remove most of the material which needs to be removed, but it would not make the site "site ready" . Penzel asked what the development schedule is . Foster said it would be over a three year period, a two building/site development. Penzel asked if Opus Corporation was averse to building buildings over two stories. Foster said they are aiming at a market that needs and wants two or three story buildings ; she noted that the Opus II project has buildings which appear to be office buildings rather than industrial . Bentley said he felt this site was the "keystone entrance" to the Major Center Area and the Purgatory Creek Recreational Area and should be reviewed in terms of what is the highest and best use for this property. He said he felt this would indicate office rather than industrial usage. He also noted he would not like to see any additional grading on the site. Redpath concurred. Tangen asked what the condition of the site would be after the grading has been done. Dietz said it would be made to look as natural as possible. C Redpath asked what type of use was intended in these buildings. Foster said she thought the intention was to fill the sites with those who would use them as their coporate headquarters and would be at that particular location for a number of years. She noted it would be high quality industrial use. Foster said if the percentage of office use is a question, Opus might be able to come up with something which would offer more office and less industrial space. She indicated that if an entirely office use was intended then Opus might not be interested in this site. She said they are willing to talk about what per- centage should be used for office, but that they are talking about a predominantely high quality industrial use. Anderson said he did not think the issue of phasing had been adequately addressed. Penzel suggested this be reviewed further by Staff and then come back to the Council . MOTION: Redpath moved, seconded by Tangen, to refer this to Staff for further review and continue the Public Hearing to March 6, 1984. The Council 's concerns are: the transitional use of the northeast parcel , the desire to have pure office space available on this site, and buildings should be of two or more stories . Motion carried unanimously. The consensus of the Council was to proceed with the interim grading plan. City Council Minutes -4- February 21, 1984 B. VERNON HILL ESTATES by Countryside Investments, Inc. Request for Zoning District change from Rural to R1-13.5 and preliminary plat of approximately 16 acres for 29 single family lots. Location: southeast quadrant of Duck Lake Trail and County Road 14. (Ordinance No. 16-84 - zoning and Resolution No. 84-22 - preliminary plat. ) City Manager Jullie said notice of this Public Hearing had been published and adjacent property owners had been notified. d Ron Krueger, representing the proponent, addressed the request. Planning Director Enger said the Planning Commission had reviewed this proposal at its meeting on January 23, 1984, and had recommended approval subject to the recommendations included in the Staff Report of January 20, 1984. Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this at its February 6, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the January 20, 1984, Planning Staff Report. Anderson asked if all the scenic easements in the City are the same. Enger said the wording has been standardized. Redpath asked how long the cul -de-sac is. Enger said 1 ,000 feet. There were no comments from the audience. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 16-84. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 84-22, approving the preliminary plat of Vernon Hill Estates for Countryside Invest- ments, Inc. Motion carried unanimously. V . PAYMENT OF CLAIMS NOS. 12114 - 12409 MOTION: Redpath moved, seconded by Penzel , to approve Payment of Claims Nos. 12114 - 12409. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Marketing Plan for the Cummins/Grill Homestead Jeff Holte and Dick Lynch were present on behalf of the Historical & Cultural Conunission. Holte spoke to the Marketing Plan as outlined in the attachment to the memorandum dated February 16 , 1984. Holte reviewed the progress the Committee has made to date. Bentley asked if the Committee would like assistance from a local business. Holte said it would appreciate any help available. City Council Minutes -5- February 21 , 1984 Redpath said he felt this was a giant step in the right direction and is what the Council had been looking for from this Committee. He commended the Committee for its work. VII . APPOINTMENTS A. BOARD OF APPEALS & ADJUSTMENTS - Appointment of 1 representative to serve a three year term effective March 1 , 1984. The name of Dick Lynch was placed in nomination. MOTION: Bentley moved , seconded by Tangen , to close the nominations and to cast a unanimous ballot for Dick Lynch to serve on the Board of Appeals & Adjustments for a three year term effective March 1 , 1984. Motion carried unanimously. B. BUILDING CODE BOARD OF APPEALSS- Appointment of 1 representative to serve a three year term effective March 1 , 1984. The name of Donald Hadd was place in nomination. !. 7 MOTION: Bentley moved , seconded by Anderson, to close the nominations and to cast a unanimous ballot for Donald Hadd to serve on the Building Code ! Board of Appeals for a three year term effective March 1 , 1984. Motion carried unanimously. F C. DEVELOPMENT COMMISSION - Appointment of 2 representatives to serve three I --- --- . ----- - -__-_ year terms effective March 1, 1984. The names of Marvin LaG row and Peter Stalland were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Marvin LaGrow and Peter Stalland to serve on the Development Commission for three year terms effec- tive March 1, 1984. Motion carried unanimously. D. FLYING CLOUD AIRPORT ADVISORY COMMISSION - Appointment of 1 citizen repre- sentative, '1 flying Claud Businessman, and 1 MAC representative to serve three year terms effective March 1 , 1984. The names of F. E. Shafer, Larry Degner, and Tim Callister were placed in • nomination. MOTION: Redpath moved, seconded by Anderson, to close the nominations and to cast a unanimous ballot for the appointment of F .E. Shafer as citizen rep- resentative, Larry Degner as Flying Cloud Businessman representative, and Tim Callister as MAC representative to serve on the Flying Cloud Airport Advisory Commission for three year terms effective March 1 , 1984. Motion carried unanimously. I - - 7., City Council Minutes -6- February 21 , 1984 E. HISTORICAL & CULTURAL COMMISSION - Appointment of 2 representatives to serve three year terms effective March 1 , 1984. The names of Carole Hoel and Gerald Johnson were placed in nomination. MOTION: Redpath moved, seconded by Tangen, to close the nominations and to cast a unanimous ballot for the appointment of Carole Hoel and Gerald Johnson to serve on the Historical & Cultural Commission for three year terms effective March 1, 1984. Motion carried unanimously. F. HUMAN RIGHTS & SERVICES COMMISSION - Appointment of 2 representatives to serve three year terms effective March 1 , 1984. The names of Doug Beardsley and Pinky Bramwell were placed in nomination. 4 MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Doug Beardsley and Pinky b Bramwell to serve on the Human Rights & Services Commission for three year 1 terms effective March 1, 1984. Motion carried unanimously. r G. PARKS, RECREATION &NATURAL RESOURCES COMMISSION - Appointment of 2 rep- resentatives to serve three year terms effective March 1 , 1984. 1 s The names of Jesse Schwartz, Morris Cook and Linda Golle were placed in nomination. Upon tabulation of the ballots Morris Cook and Jesse Schwartz were selected to serve. MOTION: Anderson moved, seconded by Redpath, to cast a unanimous ballot for the appointment of Jesse Schwartz and Morris Cook to the Parks, Recrea- tion & Natural Resources Commission for three year terms effective March 1 , 1984. Motion carried unanimously- H. PLANNIN_G COMMISSION - Appointment of 2 representatives to serve three year terms effective March 1, 1984. The names of Dennis Marhula, Diane Gramling and Virginia Gartner were placed in nomination. Upon tabulation of the ballots Dennis Marhula and Virgina Gartner were selected to serve. MOTION: Bentley moved, seconded by Redpath, to cast a unanimous ballot for the appointment of Dennis Marhula and Virginia Gartner to the Planning Commission for three year terms effective March 1 , 1984. Motion carried unanimously. J i - - ;-.� .. City Council Minutes -7- February 21 , 1984 I . CHARTER STUDY COMMITTEE - Appointment of members to serve on the Charter Study Committee. The names of Marty Jessen, Willie Emry, Fred Hoisington, Ruth Charchian, Jullianne Bye, Dave Osterholt, Daniel Foth, George Bentley, Paul Redpath, Carl Jullie (ex officio) and Dick Feerick were placed in nomination_ There was discussion as to the number of appointees as well as to whether there r should be an even or odd number of appointees . MOTION: Anderson moved , seconded by Bentley, to appoint Marty Jessen, Willie Emry, Ruth Charchian, Jullianne Bye, Dave Osterholt, Daniel Foth, George Bentley, Paul Redpath, and Carl Jullie (ex officio) to the Charter Study Committee. Dick Feerick will be asked to serve as a supernumerary. Motion carried unanimously. J. RILEY PURGATORY CREEK WATERSHED DISTRICT BOARD - Nomination of William Sault and James Cardinal to the Riley Purgatory Creek Watershed District Board. MOTION: Bentley moved, seconded by Redpath, to recommend to the Hennepin County Board that the names of William Sault and James Cardinal be placed - in nomination for appointment to the Riley Purgatory Creek Watershed Dis- trict Board. Motion carried unanimously. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Resorts of Council Menbers Penzel - requested an update on the Kurtz Lane beekeeping issue. City Manager Jullie reviewed what has happened to date. City Attorney Pauly noted that beekeeping is a permitted use in an R1-22 District only because it is not commercial and has been there since the inception of the Code. He stated that the question at this time is what can be done to assure that the owner only has a certain num- ber of hives on his property. Pauly said research into the bee dropping problem has shown that the droppings are from insects other than bees. He noted that this situation would he made easier if there were a general complaint from the neighbors but this is not the case. Penzel said the complaining neighbor has noted that the City Code excludes beekeeping in a residential zone; the Code seems to be rather specific since it is an agricultural use in what is a resi- dential zone. Pauly said that prior to adoption of the Code in 1982, there was no reference in the Ordinance to beekeeping. Because there was no reference defining beekeeping as an agricultural use then the raising of bees in small numbers would be incidental to a residential use. When the Code was adopted in 1982 a portion of Chapter 9 was also adopted which stated that it is unlawful except where it was a non-conforming use. Fenzel asked Pauly if this meant it was then "grandfathered" in. Pauly said that was right. City Council Minutes -8- February 21 , 1984 Enger reviewed the involvement of the Planning Department and the Zoning Administrator in this issue. Penzel said he would request Staff 'Co draft a concise communication to the complaintant stating what the City will or will not do in this instance. City Attorney Pauly said he would take care of the ' matter with an appropriate letter. a B. wort of City Manager 1. Discussion on Snow Removal Politer City Manager Jullie called attention to his memorandum of February 16, 1984, in which he addressed the City' s Snow Removal Policy in re- sponse to a letter from the Mitchell Heights Townhomes Association. Tangen asked if perhaps the City should be looking at equipment similar to that used by the City of Edina which allows the plow operator to stop snow from going into driveways. The concensus was that this type of plow is only used on graders and would not be effective on the equip- ment which is available in Eden Prairie at this time. Tangen suggested that the City look into what might be the latest technology in the snow removal area when it is purchasing new equipment. y a MOTION: Tangen moved, seconded by Anderson, to reaffirm the present snow removal policy. Motion carried unanimously. 2. Memo from the Municipal Le�c � slative Leal Counsel City Manager Jullie called attention to a memorandum distributed this evening in which opinions and information were elicited by the Munici- pal Legislative Legal Counsel . This information will be used in assist- ing counsel in formulating legislation and legislative action. Jullie noted that special lobbying efforts will take place on March 1st and 15th. On March l there will be a meeting along with a dinner and recep- tion at the St. Paul Hotel . On the 15th the schedule will begin with a breakfast from 8 - 9: 30 a .m. at the Radisson Plaza Hotel ; from 9: 30 - 11 : 30 a.m. there will be meetings with legislators at the capitol ; and from 11: 30 to 1: 30 there will be a luncheon at the Radisson Plaza Hotel. Jullie also noted a meeting of the commission to be held on Thursday, March 1 , 1984, at 5: 30 p.m. at the Roseville City Hall . This is the regular meeting time. 3. Joint Meeti nq with Pl anni no Commission City Manager Jullie said the Planning Commission had discussed meeting times at its last meeting and had agreed that March 6th would be an acceptable time. MOTION: Bentley moved, seconded by Redpath, to hold a Joint Meeting with the Planning Commission at 6:30 p.m. on Tuesday, March 6, 1984, in the Schoolboard Room at 8100 School Road. This meeting will be prior to the regular meeting of the City Council . Motion carried unanimously. City Council Minutes -9- February 21 , 1584 C. R_eport of City Attorne There was no report. D. Report of Director of Community Services 1. P �osed Cash Park Fee Increase Director of Community Services Lambert spoke to his memorandum of February 10, 1984, in which he addressed the proposed Cash Park Fee Increases. He said this matter had been discussed by the Develop- ment Commission at its meeting on February loth at which time property owners were invited to express their views on the increases. He noted that, in general , the property owners are in favor of the proposal . Walter Carpenter, Minnesota Tree, expressed his appreciation to a City Manager Jullie and Lambert for their flexibility in this matter. He felt that those present at the Development Commission meeting represented the majority of the property owners affected by the increase. He said he felt the proposal as it now stands is liveable. MOTION: Anderson moved, seconded by Bentley, to approve the increase in the Cash Park Fees as outlined in Director of Community Services Lambert's memorandum of January 25, 1984, and to amend the Fee Resolu- tion (Resolution No. 84-12) to reflect these changes. Motion carried unanimously. IX. NEW BUSINESS There was none. ) X. ADJOURNMENT MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 9: 50 p.m. Motion carried unanimously.