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HomeMy WebLinkAboutCity Council - 05/22/1984 - Special Meeting APPROVED MINUTES SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL I x TUESDAY, MAY 22, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM 7 COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, Georg Bentley. Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J . Jul l ie, Assistant to the City Manager Craig W, Dawson, Director of Public Works Eugene A. Dietz , City Attorney Rick Rosow, . and Recording Secretary Karen Michael ROLL CALL: all rriertibers were present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: II . C . 2nd Readin�of Ordinane No. 24-34, Wilson_Ri cycle. _ ..c__ MOTION: Bentley moved , seconded by Anderson , to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . CONSENT CALENDAR A. 2nd Readinc of Ordinance No. 45-84. an Ordinance _amending Chapter_ 5, Section 5.40, provi di ng for a waiver of the bonding requirement of Ordinance Now I=83 the c�ambyl i n _ordi nance upon a 4/5 vote of the Council , B. EDEN GLEN CENTER, 2nd Reading of Ordinance No. 34-84, Zoning District Change from Rural to Commercial Regional Service, and adoption of Resolu- tion No. 84-127. Approving Development Plan Subject to Conditions . 1.633 acres for 11 ,000 sq . ft. strip shopping center. Location: east side of Glen Lane between Singletree Lane and Eden Road, C. WILSON RIDGE , 2nd Reading of Ordinance No. 24-84, Zoning District Change from-Commercial Regional to Office for 18.6^ acres , and from Coninercial Regional to I-2 Park, with variances , for 5 .42 acres , for Wilson Ridge, Approval of Developer's Agreement for Wilson Ridge, and Adoption of Resolu- tion No. 84-82, Approving Summary of Ordinance No. 24-84, and Ordering ?ublication of Said Summary of Wilson Ridge. 60.85 acres for three lots and four outlots. Location: north of Valley View Road and east of High- way 169. c i al Ci ty ounc i 1 ' -c Li ng -2- May 22, 1984 } City ffanager Jul l ie noted that Ordinance No . 24-84 relating to the Wilson Ridge proposal would not be published without the consent of the two parties involved or July 15, 1984 -. whichever occurs first. Bentley asked why this provision would be included. Dennis Doyle , spokesman for Welsh Companies , said this isproposed because it has been very hard to get the Meat Cutters' representatives to agree to anything. Jullie said as of July 15th it would x be the City' s option to finalize the action to rezone the property back to Rural . City Attorney Rosow said he did not think the City had a - legal basis not to publish the Ordinance. Bentley indicated he did not see what the problem was since this was being done to accommodate the Meat CutterS . MOTION. Redpath moved, seconded by Bentley, to approve items A - C on the Consent Calendar with item C not to be published until July 15, 1984, unless agreed to by the two parties involved or at the City 's discretion. Moti.on carried unanimously. III . PUBLIC HEARINGS A. 1984 SPECIAL ASSESSMENT HEARING Director of Public Works Dietz said this represents a change in the ` method of handling assessment projects . Tonight the Council will be looking at the surnmary of what is being assessed. The Council reviewed the improvement projects on an individual basis . Fenzel said he felt it was unfair that the Uherkas would have to be assessed for improvements which were being done to accommodate the Amoco site. Dietz further explained the situation . Len Uherka stated he felt this would help their site and he indicated they had received an estimate as to the cost before the project was begun and there had been no surprises . Tangen asked why there was an interest rate of 8010v on the trunk sewer and water assessment against parcel number 14-116-22-24-0001 rather than 11% as the rate for the rest of the projects . Dietz said this was an error and would be corrected. MOTION; Bentley moved, seconded by Tangen , to close the Public Hearing. Motion carried unanimously, IV . REPORTS OF OFFICERS BOARDS_ & COMMISSIONS A. Reports_of Council 1 Members Bentl - stated he had met with Commissioner Braun (Mn/DOT) on Monday morning regarding the installation of signals at Prairie Center Drive and TH 169, This meeting also included John Teman. Discussion was on how to fund the installation, Braun did not have any new suggestions ; however, the State might be willing to go 50/50 with the City on the installation. Braun felt it was something which is necessary, Bentley e-cial City Council !Ier:ting -3- May 22, 1984 said they also disrri,ssed TH 2.12 with Braun; there was talk of the City beconing financially involved in the building of TH 212. He said it was something to think about. Bentley suggested City Manager Juilie talk with people at the highway department about this. Redpath said after the City's experience with the ring road projects , he did not feel the City should be involved in much more road building. He said he felt State agencies had let the City down over the years . Bentley said it might be done on concurrence with other communities . Penzel - called attention to a letter of May 14, 1984, from the Sterling Field Association in which it gives Sterling Field to the City -- it is unclear if this is for operation of Sterling Field or if the City is being given the actual property. The matter was referred to Staff for clarification, - called attention to a communication from 14. Gordon Smith Co_ regarding the Car Care Center which is now before the Board of Appeals for a variance request. Redpath said he felt that the W. Gordon Smith Co. should ask for a change if it so desires and feels a change is necessary. - requested comments on the draft EIS on the landfill . Redpath said he is opposed to the landfill . He said he felt the Staff paper did a very good job of defending the City' s position. Redpath noted that the City, as a City, cannot stop the expansion; it can only deny rezoning. He suggested the City adopt regulations which would cover landfills . Bentley said he felt it was unconscionable to consider the expansion as different from a new landfill . Penzel said regulations might include operating hours, contributions towards maintenance of roadways , etc. Penzel said he would _ like to have Staff provide the Council with the pros and cons of such regulations. Anderson said he would like to find out what type of regu- lations the City can put on landfills -- what can be legally done -- all possibilities should be investigated. Jullie said these must be consistent with State regulations; recent legislation authorized Cities 15� per ton which can be levied. City Attorney Rosow said that under the general powers of municipalities , the City has the authority to regulate the disposal of garbage. These regulations would have to be consistent with those of the Metropolitan. Council and the PCA. He said how these are applied is another thing. Anderson said he would suggest Staff and the City Attorney sit down to discuss this and then come back to the Council with their reconisnendati on. Rosow said the City Attorney' s office has discussed the matter with the attorneys who negotiated for the City of tledina; these concerns were reflected in the draft ordinance. Bentley suggested the County or the State guarantee all long term costs resulting from problems with landfills. Jul l ie expressed concern about how the agencies are going to assure the homeowners in the area that they will not suffer an economic loss. Anderson asked if it was reasonable for the City to lower the taxes in the area. Penzel said that question should be raised. asked the City Council to look at various formats for review of the City Manager for discussion at a later date. _ - S�)eci al City Council !!--eti ng -4- May 22, 1984 B. Report of Cit,y__ManaSer 1. Authorization t�urchase Cif radios_ (continued from May 1.5, 1984) City Manager Jullie indicated the bid received by the City was for $1437 vs. $861 which had been received by the City of Minnetonka and is open to the City of Eden Prairie, MOTION: Redpath moved, seconded by Anderson, to accept the City Manager' s recommendation to purchase 12 radios at a cost of $861/unit with funds to come from the General Fund surplus . Roll call vote: Anderson, Bentley, Redpath. Tangen and Penzel voted "aye. " Motion carried unanimously. V. NEW BUSINESS Bentley indicated the condition of Preserve Boulevard is less than passable. Director of Public Works Dietz said the Street Department will get to that as soon as possible. City Manaaer Jullie said he had been at a meeting this afternoon where the people from cable tv made a presentation in which they stated they will be coming before the City to request a change in the franchise agreement. They will ask to be able to reduce their local programming effort; and they would like a cash contribution of $300,000 - $600,000 per year over the next five years. VI. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 8:55 p.m. Motion carried unanimously. 1 , s _.