Loading...
HomeMy WebLinkAboutCity Council - 07/17/1984 1 y z APPROVED MINUTES / EDEN PRAIRIE CITY COUNCIL t � TUESDAY, JULY 17, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM � CITY COUNCIL MEMBERS: Mayor Wolfgang H. Pe<tzei , Richard Anderson , George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City 'Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Robert Lambert, Directof of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman George Bentley was absent. I. APROVAL GF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VII . A. Appointment of a Health Officer; VIi . E.' 1 Agreement with MAC for a Leaf Compost Site and Riding Arena; and ,II . K. Edenvale 19th. The following item was continued to the August 7, 1984, meeting of the City Council : II . H. RIDGEWOOD WEST 4TH by Centex, MOTION: Anderson moved, seconded by Tangen, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. The Mayor stated he would be unable to attend the regularly scheduled meeting of the Council on August 21 , 1984. The consensus was to reschedule that meeting for Tuesday, August 28, 1984, MOTION: Redpath moved, seconded by Anderson, to move the regularly scheduled meeting of the City Council from Tuesday, August 21, 1984, to Tuesday, August 28, 1984. The meeting will be held at 7: 30 p.m. in the School Administration Boardroom at 8100 School Road. Motion carried unanimously. i City Council Minutes -2- July 17, 1984 II . CONSENT CALENDAR A. Edenvale Boulevard and Valley View Road Right-of-Way Exchange S. Approve _plans andspecifications for lift station and force main at CSAH 1/18 and set bid opening date for 10:30 a.m. , August 16, 1984 I .C. 52-062 Resolution No. 84-183 C. Receive Feasibility. Report for Valley View Road realignment, Golden Triangle Drive and West 74th Street adjacent to Norsemen's 6th Addition, and set Public Hearin for 7:30 p.m. , August 7, 1984, I .C. 52-065 ZResol uti on No- 84-170 D. Set Public Hearing for vacation of easement in Fairway Woods Addition for 7: 30 p.m. , August 28, 1984 E. Set Public Hearing for excess right-of-way and easement vacation in Ridgewood West 4th Addition for August 28, 1984, 7:30 p.m. F. Resolution declaring costs to be assessed and ordering preparation of proposed 1984 Special Assessment Roll and set Public Nearing date for August 28, 1984 Resolution No. 84-180 - G. LION S TAP. 2nd Reading of Ordinance No. 19-83, zoning district change rom Rural to Commercial-Highway for 1.6 acres and adoption of Resolution No. 84-179, approving development plan. 1.6 acre restaurant at northwest corner of Highway 169 and County Road 4 (Ordinance No. 19-83 - rezoning and Resolution No. 84-179 - Development Plan) H. RIDGEWOOD WEST 4TH by_ Centex. 2nd Reading of Ordinance No. 42-84-PUD- 7-84, zoning di strict change from RI-13.5 to R1-9.5, approval of Developer' s Agreement for Ridgewood West 4th Addition, and adoption of Resolution No. 84-161 , approving Summary of Ordinance No, 42-84-PUD-7-84, 8.85 acres into 30 lots. Location: Cumberland Road at Wellington Drive. -- con- tinued to August 7, 1984. I. Authorization to participate in the Seven County Fire Department Joint Powers Purchasing Consortium and agreement for parr tipati on with the City o St. Paul in joint purchasing Resolution Nos. 84--181 and 84-182 J. Set Public Hearing to vacate snow fence easement on Feeder' s pro ert for August 7, 1984, 7 :30 p.m. K. EDENVALE 19TH ADDITION. 2nd Reading of Ordinance No. 41-84, zoning district change from Rural to R1-9.5 for 9. 15 acres for Edenvale 19th Addition, by Eden Prairie Real Estate Investment, approval of Developer's Agreement for Edenvale 19th Addition, and adoption of Resolution No. 84-158, approving Summary of Ordinance No. 41-84, and ordering publication of said Summary of Edenvale 19th Addition. 9. 15 acres into 17 single family lots. Location: Edenvale Boulevard at Woodland Drive. a City Council Minutes -3- July 17, 1984 MOTION: Anderson moved, seconded by Redpath, to adopt items A - G and I - K on the Consent Calendar. Motion carried unanimously. ' III . PUBLIC HEARINGS f A. SCENIC HEIGHTS by Kerr Companies, Inc. Request for zoning district change from Rural to R1-9.5 and preliminary plat of 9.5 acres into 20 single family lots. Location: southwest quadrant of Scenic Heights Road and Red Rock Road. (Ordinance No. 49-84 - rezoning and Resolution No. 84-176 - preliminary plat) Assistant to the City Manager Dawson stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Martinson, project director for the . Kerr Companies, and Jack Lynch, engineer, Westwood Planning and Engineering, spoke to the request. Planning Director Enger said this matter had been reviewed by the Planning Commission at its June 25, 1984, meeting at which time it voted (3-1-0) to recommend approval subject to the recommendations included in the June 22, 1984, Staff Report. Enger noted Planning Commissioner Torjesen had voted against the proposal because he felt it was a misuse of the 9.5 zone. The Parks, Recreation &- Natural Resources Commission voted to recommend approval subject to the recommendations included in the Planning Staff Report. Redpath asked if the 9. 5 zone had ever included a maximum house size. Enger explained that a floor area ratio was used -- this was 15% for a single story house and 25% for a two story house. Penzel asked what the depth of a 9.5 lot was. Enger said 100' maximum. Penzel recommended the pavement be extended to the westerly property Line with a sign indicating this roadway will be extended at a later date. Martin- son gave reasons why this should not be done. Penzel said he felt strongly that utilities and the street should go to the property line. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 49-84, rezoning. There was discussion as to just where the westerly connection should be made due to topographical considerations. Tangen suggested the Engineering Staff and Planner investigate solutions -- both aesthetic and geological -- prior to 2nd Reading. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -4- July 17, 1984 MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-176, approving the preliminary plat of Scenic Heights- for Norman Kerr. 4 Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations and that Staff work with the developer prior to 2nd Reading to determine the possible extension of the road and utilities to the westerly property line with the understanding that any extension to the west will be paid by the developer. Motion carried unanimously. B. MIN-TEX PHASE III . Request for Site Plan and Zoning District Amendment for 18.9 acres within I-2 Park District and Preliminary Plat of 20.3 acres into one lot. Location: West 70th Street south of Shady Oak Road. (Ordi- nance No. 50-84 - amending zoning district and Resolution No. 84-177 - pre- liminary plat) Assistant to the City Manager Dawson said notice of this Public Nearing had been published and property owners within the project vicinity had been notified. Bernie Frye, proponent, addressed the proposal . Director of Planning Enger stated this request had been reviewed by the Planning Commission at its June 25, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the June 22, 1984, Staff Report. Director of Public Works Dietz reported that some modifications had been made to the retaining wall which will be further refined between the 1st and 2nd Readings. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 50-84, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-177, approving the preliminary plat of Min-Tex, Phase III for Min- Tex, Texas General Partnership. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to amend the Developer' s Agreement as per Staff recommendations and to make further refinements in the retaining wail prior to 2nd Reading of the Ordinance. Motion carried unanimously. lr e City Council Minutes -5- July 17, 1984 C. TURNBULL. Request for Preliminary Plat of approximately 15. 28 acres t into two lots for Rural housing development. Location: -north of Highway 169, east of Dell Road. (Resolution No . 84-175 - preliminary plat) Assistant to the City Manager Dawson noted this meeting had been announced in the paper. E John Turnbull addressed his request for a division of his property into two lots. ' t Director of Planning Enger said, the Planning Commission had reviewed this request at its meeting on June 25, 1984, at which time it voted (3-2-0) to recommend approval subject to the recommendations included in the Staff Report of June 22, 1984, as amended. A Director of Community Services Lambert said the Parks , Recreation& Natural Resources Commission had recommended approval subject to the Planning Staff Report with the inclusion of a scenic easement on both lots. Lam- bert noted that the Commission did not realize that a scenic easement was possible only on one lot as Turnbull no longer owns the second lot. Redpath asked if there had been a resolution of the road access problem to the east. Turnbull reviewed the roadway situation. Enger said the road is narrow and, according to Terry Douglas , is sometimes blocked. Redpath said he felt another house on that roadway would add to the problems the easement creates. Penzel inquired as to how the house could have been sold when the lot was not split. Director of Public Works Dietz indicated the County will accept a deed; the City cannot control the filing of deeds , The City' s leverage comes at a later date when there is a split of the taxes. Sales can occur, but unless the City approves the tax split it makes for a difficult, but not impossible, situation. Dick Feerick, 6518 Leesborough Avenue, spoke on behalf of the proponent. Anderson asked what will happen if the Council keeps on making variances within a particular area -- the variances would become common place rather than granted when a hardship is shown. City Attorney Pauly stated the } variances become the rule rather than the rule itself; it becomes a contest. a i Redpath noted that Staff had made three recommendations regarding the road. He asked what is being done to this road. Enger said Staff felt it best not to create a worse situation; the Planning Commission was persuaded that nothing was necessary. Redpath noted that the City Council had dis- cussed extending Beverly Drive. I Darril Peterson , 18700 Flying Cloud Drive , said he felt the Council was making a mountain out of a mole hill , Feerick asked if Staff could review this and make recommendations without making large improvements to the road. Redpath said he felt that in exchange for a variance, the City should get a better road. Turnbull said that he and Allis have widened the road in the past month and had spent about $1 ,000 for gravel for the road. City Council Minutes -6- July 17, 1984 Penzel asked the City Attorney if the City could act on this because the road is a private easement. City Attorney Pauly stated this could be accomplished if and when the owners came in to plat the property. r Tangen expressed concern regarding the person who lives on the ten acre parcel . Enger stated that owner was not notified of the hearing because Turnbull is the owner of record of that property. Pauly said the City is not aware of what form this sale has occurred. Tangen said he felt the owner of that property should appear before the Council before the Council takes action. Turnbull said there is no problem with the road dedication -- no one should object. Director of Public Works Dietz said G the City does not want to maintain a gravel road. Penzel suggested the City attempt to get all the neighbors together to commit to a road and to have the buyer of the ten acre parcel present to discuss the ramifications. Enger noted that the buyer of the ten acre parcel is really a party to this. Tangen recommended the Public Hearing be continued. MOTION: Tangen moved, seconded by Redpath, to continue the Public Hearing to August 28, 1984, and to instruct Staff to contact the purchaser of the ten acre parcel as well as those to the east and west of the Turnbull property regarding the easement the City has in mind. Motion carried unanimously. D. HOUSING REVENUE BONDS IN THE AMOUNT OF $2,750,000.00 FOR EDEN INVEST- MENTS PARTNERSHIP EDENVALE APARTMENTS II Reso ution No. 84-178) Assistant to the Cit Manager Dawson said notice of this Public Hearin Y 9 9 had been published. Dan Nelson, Holmes & Graven, bond counsel; and Ron Kelner, comptroller representing Eden Investments Partnership, were present to address the request, MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-178, adopting a housing bond program for the issuance of multifamily mortgage revenue bonds and authorizing submis- sion of same to the Minnesota Housing Finance Agency. Motion carried unanimously. E. EASEMENT VACATION, JAMES REFRIGERATION Director of Public Works Dietz noted that the applicant' s title opinion people had reviewed a sanitary sewer easement document and incorrectly concluded -that it involved this property which resulted in a petition for a vacation hearing. The notice for this Hearing had already been published when the error was discovered so this item had to remain on the Agenda. There is no easement to vacate; no further action is neces- sary. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. City Council Minutes -7- July 17, 1984 F. EASEMENT VACATION, LePARC ADDITION (Resolution No. 84-186) Director of Public Works Dietz reviewed the reason for the easement vacation. There were no comments from the audience. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-186,' vacation of sanitary sewer easement within Lots 1 and 2, Block 1, Le Parc. Motion carried unanimously. G. EASEMENT VACATION, NORSEMEN' S 6TH ADDITION (Resolution No. 84-187) Director of Public Works Dietz reviewed the reason for the easement vacation. There were no comments from the audience. MOTION: Anderson moved, seconded by Tangen, to close the Public Hearing. and to adopt Resolution No. 84-187, vacation of Valley View Road right- of-way from the west line of Valley Place to approximately 300' westerly. Motion carried unanimously. IV. PAYMENT OF CLAIMS NOS. 14719 - 14990 MOTION: Redpath moved, seconded by Tangen, to approve the Payment of Claims Nos. 14719 - 14990. Roll call vote: Anderson, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS A. Report and recommendations from Hunting Zone Committee Captain Keith Wall was present as were members of the Hunting Zone Committee. Mike Farr and Dave Netz , committee members , responded to questions from the Council . Penzel asked if it was true that the Kurver Farm was included in the hunting area. Farr said it was not. Penzel asked if allowing Mike Eames to continue to hunt for one year on Mitchell Lake was a legally defensible position since it singled out one indi- vidual . City Attorney Pauly said the City has singled out or made special arrangements in the past to include people and/or areas. Singling out a single property owner is more than the City has done in the past. If someone else wished to apply for a permit, then a precedent might be set. Penzel said he was concerned because this states that one property owner on a public lake has the right and Penzel felt the City might have some legal obligation as a result and was concerned about the precedent which was being set. 1 City Council Minutes -8- July 17, 1984 Penzel questioned the use of slugs. Farr indicated that people who / hunt the ri ver bottoms do so i n 1 i mi ted numbers ; there i s a 1 of of t cooperation from the property owners in that area as to whom will assure the safety of the hunters. Redpath asked Sever Peterson how many people use his property for deer hunting. Peterson said there are 3 families with a total of 14 hunters . Anderson said he had received information regarding the controlled hunts which are held in the Bloomington and Burnsville river bottoms. He noted there is a definite over population of deer in the river bottom area as well as a high kill rate on TH 5, 169, and I-494. Each of these car/deer accidents results in about $1,000 $1,500 damage to a car -- along with the death of a deer. He said that if we don't have hunting the deer pop- ulation will become even more unmanageable. He indicated he would like to see controlled hunting allowed for that reason. Penzel sai d he has a problem with the definition of controlled hunting, Captain Wall said it would have been his decision to deny the permit for Mike Eames because of the development on Mitchell Lake. He said he would recommend a 1,000' buffer be considered. He said he would like to examine the safety issues and that what constitutes a controlled hunt should be reviewed. Wall said the practicality of shooting in an area where there are 22,000 people should be looked at. Ed Crozier, Director of the Minnesota Valley National Wildlife Refuge, indicated the Burnsville shooting ordinance does provide for a controlled hunt, the Bloomington ordinance is not as specific about shooting in the river bottoms . He stated Eden Prairie will have a severe problem if i no hunting is allowed. He noted that the Wildlife Refuge does not have enough land in Eden Prairie to conducted a controlled hunt so they do rely on the private landowners to do the hunting. Penzel asked what is meant by a controlled hunt. Crozier said the area is divided into zones and a lottery is conducted by the DNR. There are portable tree stands so a l 1 shooting is down "doneward. " Bow and arrow hunting will be a l 1 owed in areas where it would not be practical to have guns, A two-day hunt is allowed and all hunters must attend an orientation session. Penzel asked City Attorney Pauly if he had a specific recommendation regarding what has been proposed. Pauly said he had no recommendation as to the sub- stance of the proposal ; he said he had an opinion which is probably not a legal one -- he indicated there is a problem with the deer population and he considers it more ethical to a l 1 ow private hunters vs . paid hunters to do the job. Mike Eames said he was not the only hunter on Mitchell Lake but the others are no longer living on the Lake -- he has hunted on the Lake for 32 years. He noted that access to the Lake is limited. He said he is only asking for the privilege to hunt for one more year, City Council Minutes -9- July 17 , 1984 Milo Stevens said he has hunted in Eden Prairie since he was ten years // old. He has hunted with the same group for 20 years. lie indicated that 1. all the hunts are directed and he has never had to chase a deer across TH169. He said the question is would the City rather have people who have hunted the area for 20 years do the hunting or would it rather bring in professionals who are unfamiliar with the territory. Anderson said under the proposal the City has the ability to control hunting. He said he would hope that the City would give the Public Safety Department the right to look at this along with the DNR and other pertinent agencies. Darril Peterson said he owns 250 acres across TH169 from the river bottoms. He indicated there is a deer problem in his corn fields and he would like to have this area considered as a hunting area also. Bert Noterman said deer are a grave concern. He stated he has been a gun safety instructor and he felt the Committee might have overreacted to the safety issue. He said the number of people who are hurt in hunting accidents is low for the number of hunters. He said the hunts on the Peterson property in the river bottoms area is one of the most perfect situations in which to hunt -- the {people are good sportsmen as well as good hunters. Chuck Dimler, farmer and colleague of Seven Peterson, said he farms in Minnetrista. He said there were controlled hunts on Hennepin County park property in Carver and western Hennepin counties . He said the County no longer has the hunts and as a result he has a_300-herd deer popoulation on his 500 acre cornfield. He said he is concerned about the safety on the highways because of the increase in the deer population. He posed the question as what might be done in Eden Prairie to avoid the problems presented if controlled hunts are not permitted. Sever Peterson said there are some creative solutions to this. He said he has a licensed game farm in the river bottoms area. He reviewed his holdings in that area. He indicated there are 200 acres of property set aside for waterfowl ; an attempt is being made to create wetlands . He said he would be happy to work with the Eden Prairie Department of Public Safety. Tangen said he had not heard of any problems which have been created by Eames hunting on Mitchell Lake or by the controlled hunts. MOTION: Tangen moved, seconded by Redpath, to accept the recommendation of the Hunting Committee and to instruct the City Attorney to draft an Ordinance incorporating the recommendations of the Committee. Mike Eames will be allowed to hunt on Mitchell lake for the period of one year. It is recommended that slug shooting be allowed to continue on the private lands south of TH169; definite criteria is to be established for inclusion in the Ordinance and/or Resolution relating to policy for controlled hunts where owners of private property are in attendance. Motion carried unanimously. RedP ath commended the Committee for its work on a "touchy" subject. City Council Minutes -10- July 17, 1984 B. Report from the Human Rights & Services Commission regarding the . Child Care issue Director of Community Services Lambert called attention to a memorandum of July 12, 1984, in which the issue was addressed. Penzel said the Human Rights & Services Commission is to be thanked for its response and work on this issue. VI . PETITIONS, REQUEST & COMMUNICATIONS A. Request for Council to review the Board of Appeals & Adjustments decision on David Brown Lot Size Variance and set Public Hearing for August 28, 1984 4 MOTION: Tangen moved, seconded by Anderson, to set August 28, 1984, as the date for the City Council to hold a Public Hearing to review the Board of Appeals & Adjustments decision on David Brown Lot Size Variance. Motion carried unanimously. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of a Health Officer Penzel announced that Frederic Ekrem has moved out of the City ' and can no longer serve as the City's Health Officer. MOTION: Redpath moved, seconded by Anderson, to appoint Dr. Waldemar F. Cruz to the post of Health Officer for the City of Eden Prairie. Motion carried unanimously. 2. Petition from Carmody Lane residents (attached) Director of Public Works Dietz noted that he had spoken with the Carmody Lane residents who are requesting a "Slow Kids Playing" sign for their street. Dietz noted this creates a false level of security and suggested a solution might be installing a "Dead End" sign instead. 3. Request for signalization Penzel said the City has received requests for signalization of the intersection of Prairie Center Drive and TH169. He noted that Mn/DOT has had BRW' s report for about 3 weeks and the City has not heard anything. He suggested the City write to Mn/DOT again. MOTION: Anderson moved , seconded by Tangen, to direct Staff to write to Mn/DOT to request action on signalization of the Prairie Center Drive and TH169 intersection. Motion carried unanimously. C. City Council Minutes -11- July 17, 1984 B. Report of City Manager 1. Recommendation of Architect for new City Hall ' Assistant- to the City Manager Dawson spoke to his memorandum of July 12, 1984, in which the matter was addressed. ` MOTION: Anderson moved, seconded by Redpath, to authorize Staff to negotiate an agreement for architectural services with Setter, Leach & Lindstrom with the initial fees for programming and preliminary design not to exceed $30,000. Roll call vote: Anderson, Redpath , Tangen and Penzel voted "aye." Motion carried unanimously. C. wort of City Attorney There was no report. D. Report of Director of Public Works 1 . Report on Anderson Lakes Parkway right-of-way acquisition Director of Public Works Dietz noted his memorandum of July 13, 1984, in which this issue was discussed. MOTION: Redpath moved, seconded by Anderson, to direct Director of Public Works Dietz to proceed as outlined in his memorandum: 1. The City would review the right-of-entry form to indicate that + if it does not receive donations from all of the property owners, that any individual right-of-entry form would not be valid; 2. These right-of-entry forms must be recieved by the City by July 20th; and 3. If the City has not received the right-of-entries from all properties by July 20, it will postpone the bid opening indefinitely so that right-of-way acquisition negotiations can proceed. Motion carried unanimously. E. Report of Director of Community Services 1 . Agreement with MAC for a Leaf Compost Site and Riding Area Director of Community Services Lambert reported on the proposed agreement with MAC for a Leaf Compost Site and Riding Area in a location south of Pioneer Trail and east of CSAH 4. He asked the Council to approve the license agreement and authorize the City Attorney to draft a sublease with the County for the Leaf Recycling operation. There was some discussion as to what should be charged for the leaf recycling site. Lambert noted the City pays MAC $556.80 for the 40 acres it leases MOTION: Redpath moved, seconded by Anderson, to approve the license agreement with MAC and authorize the City Attorney to draft a sublease whereby the County would lease an area for its Leaf Compost Site for $250 per year. Motion carried unanimously. City Council Minutes -12- July 17, 1984 r } 3 VII1. NEW BUSINESS . Penzel called attention to and congratulated Councilman Redpath on being named Chamber of Commerce member of the month. _ [ r IX. ADJOURNMENT MOTION: Anderson moved, seconded by Tangen, to adjourn the meeting at I0:45 p.m. Motion carried unanimously. BB, i f i l � a .. �_._