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City Council - 03/04/1980 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL C' TUESDAY, MARCH 4, 1980 7:30 Pi+i, CITY.HALL COUNCIL Xa4BERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and . Paul Redpath ' COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney R;.ger Pauly; Director of g Community Services Bc.b Lambert; Planning Director Chris Enger; Finance Director John Frane; City Engineer Carl Jullie; and Lonna Stanley, Recording Secretary 1 ; INVOCATION: City Manager Roger Ulstad f PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items- were moved from the Regular Agenda to the Consent .' Calendar: VIII. A. 2nd Reading of Ordinance No. 80-05, licensing and regulating the use and sale of intoxicating liquor and amending Urdinance ao. 202, as amended_ by Ordinances Nos. 320 and 7C-46; s. :des. N :5�5_ continu.in Eden Prairie's participation under the new L :AA Legislation as a Joint Hennepin ;ounty, wity of Minna olis and Sub. Unit of Gov. combin- ation entitlement jurisdication; hesolution no. tip nting final approvc-1 for i4unicipal Ind. Lev. Bonds in the amount of :ply CC,CC0.CU for Suburban Associates: A. li.l . Aeguest permission to aavertise and re- r ceive bids for grading at Staring Lake :'ark and Flying Cloud ballfields; 3. Award Tractor bids; 4. Janke property purchase-Anderson Lakes-. E.l. Res. No. 80-52, ordering; improvements on Valley View hoad, Hames wa_Y and Dell itd. , I.C. 1-325; 3. Res. No. 80-55, oraering of feasibility report for improve- ments on Anderson Lakes ?axkway from rreserve Boulevard to Lake Eden North Additlon I.C. 51 341; 4. ChanZe Order No. 2, Shad Oak Road improvements, I.C. 51� A, for additional swamp mucking and ..time extension Edstrom requested the addition of the following items under NEW BUSINESS$ ' A. Illegal house on County Rd_1; B. Communication regarding unleashed dogs in the Coach Light Manor neighborhood. MOTION: Redpath moved, seconded by Pauly, to approve the agenda' as amended and published. Motion carrier! unanimously. II. MINUTES OF THE JOINT CITY . COUNCIL/PLANNING COMMISSION MEETING HELD MOND� AY,JANUAIfY 21_12bu Pg. 1, add"City Attorney Roger Pauly"to"CITY COUNCIL STAFF PRESENT"' " 2•, Para.12, 1st sent. , delete "would"; add "may". MOTION: Edstrom moved, seconded by Redpath, to approve tho minutes of the Joint City Council/Planning Commission held Monday, January 21, 1980, as amended and published. Motion carried 4-0-1, Pauly abstaining. Council Minutes - 2 - March 4, 1980 ! r B. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, FEB 5 1980 MOTIONS Osterholt moved, seconded by Hedpath, to approve the minutes of the City Council meeting held Tuesday, Feb. 5, 1960 as published. Motion carried unanimously. f C. MINUTES OF CITY COUNCIL, MEETING HELD TUESDAY FEBRUARY 1" 1280 MOTION: Osterholt moved, seconded by Edstrom, to approve the minutes of the City Council meeting held Tuesday, Feb.19, 1960 as published. Motion carried, Redpath and Paulj abstaining. III. CONSENT CALENDAR r A. Clerk's License List y B. Set Public Hearin g for CNR Fast_ PUD & Vikin . Rezoning for April 1, 1930 i C. Set Public Hearing for Tudor Oaks for development sta e ap2roval and preliminary plat for April 1, 1960 I D. Set Public Hearing for Minnesota Vikings request for Municipal Industrial Development Bond a2proval in -;.he amount of 000 U00.00 for April 1,- 1930 E. _Authorization for Year V1 Community Development Block Grant Application F. Receive 100 petition and order imj2rovements ,for Alpine Estatas 2nd Addition 1.C. 1 1- 2 Resolution No. aC G. Receive 100 etitior._ and order im rovements for Cardinal Creek 2nd Addition I.C. 1- resolution Ho. 0 6s H. Receive 100=o petition and order im rovements for Meadow Park Addition and Homeward Hills noa3 Z.C. 1- G Resolution 14o. 30-4 ' I. Receive p2tition from Rosemount Inc. and set hearing date for vacation of excess right-of-wax along W . 75th Street for April 1 l 30 Resolution No. do- 0 J. Receive petition from The Preserve and set hearing date for .1acation of drainage and utility easement in Garrison Forest 2nd Addition for April 1 1 ou Chesolution No. dl- 1) K. Granting of eighteen-month extension on Master's Condomiums developer's agx'eement ` L. 2nd Reading of Ordinance No. 30-0 , licensing and regulating the use and sale of intoxicating li uor and amendina Ordinance No. 202, as amended by Ordinances Nos._ 320 and 7 M. Resolution No. 8C-56. continuing Eden Prairie's partici2: .tion under the -Ow LEA Leli.sLation as a joint Hennepin County, City of tiinne olis and L�uburban Unit of 'overnme o bi a io entitlement_jurisdication N. Resolution No. L90-45,-eTanting final La22roval for Municipal Industrial Development Bonda in the amount of T U0 for ;;uburb.an Associates Council Minutes - 3 - March 4, 1980 . 0. Request permission to advertise and recei.ve bids for grading at Staring Lake Park. and Flying Cloud taa.11fields P. Award tractor bids Q. Janke vroperty purchase - Anderson Lakes R. Resolution No. 80-52,ordering improvements on Valley View Road, Hares Way and Dell Road, i .C._51-325 S. Resolution No. 80-55, ordering; of feasibility report for improvements on Anderson Lakes Parkway- from Preserve Boulevard to Lake Eden North Addition, i.C. _51-341 T. Change Order No. 2. Shady Oak Road improvements, I.C. 51-344A, for additional swairp mucking and time extension MOTION: Redpath moved, seconded by Os terholt to approve the Consent Calendar as amended and published. Motion carried unanimously. TV. PUBLIC HEARINGS A. Opus Plaza Office Building by Rauenhorst Corporation. Request for PUD Development Stage approval and rezoning from aural to Office. Located west of Co. Rd. 18 and north of Crosstown 62. (Ordinance No. 80-06) City manager Roger Ulstad spoke to notification of all adjacent property owners and publication of all legal notices. The proponents have appeared before the Planning Commission and their recommendation is for the Council to consider approval of the zoning, request from Rural to Office. Mr. Robert Worthington, Director-Planning and Governmental.Affairs, Hauenhorst Corporation, presented a summary of the plans for the construction of a ten- story (1201 ) high office building overlooking the pond located on the site, explaining that the pond is and will remain a prominent feature of the site. He pointed out that the building will become the new headquarters loca- tion for their corporation and that the final product will be a fine structure of which Rauenhorst will take great pride in. He referred to the Staff Report and Planning Commission recommendations, noting the parking requirements from which 8awenhorst is requesting variances Mr. Ron Auerbach, Engineer representing Rauenhorst Corp. , outlined the steps Rauenhorst Corp. followed in developing the plans for the site, noting that the wooded hillside was also considered an amenity and would be protected. Four ' of the ten floors would be used by the Rauenhorst Corporation, with the t,pper six floors for tenant use. He spoke to vehicular traffic plans for Blue Circle Drive and the two way system for the parking ramp, and also explained the proposed land- scaping, :screening, and energy saving plans for the site. Auerbach spoke further to the Planning Commission Minutes and to their letter of response to the Planning Commission recommendations, in which they explained that f approval has been given by the Nine Mile Creek Watershed District, and they have 1 met with a representative of the City Building Department and received preliminary approval of the plans and are following up with a second meeting. He spoke to the fire truck access to the building through the lane located on the south side of the building so that water could be accessible to that side of the building, and also to plans for a second fire hydrant to be located for use to the north side of the building. They feel that the parking plans they have proposed will be adequate, and referred to the communication dated March 3, 1980 on that matter. i Council Minutes March 4, 1980 A. Opus Plaza Office Build.inp,, by Rauenhorst Corporation (continued) w Mr. Sheldon Johnson, Barton-Aschman Associates, Inc. , discussed the results of their review of certain transportation and parking aspects of the proposed L-Alding. They feel the present design is more than sufficient to accommodate compact and sub-compact autos and is consistent with standard practice for de- sign of parking stalls, and that the number of compact spaces proposed is reasonable, according to research done by C.W. Blum, Jr. and P.W. Miller of T & M Associates in November. of 19?9. Johnson explained further that there is a potential problem for a "hook and ladder" type vehicle for turning purposes, and have suggested z review with the Department of Public Safety for an adequate solution. He explained further their recommendation that the east-west access roadway be constructed to a width of 23 feet and the use of a 'triangular intersection, with the one-way legs, allows that entering/exiting traffic conflicts will not occur on Blue Circle Drive. Planning Director Chris Enger summarized the concerns of the Planning Commission, emphasizing the recommendation for minimum disruption to the site during construction. Additional concerns were the 100% use of buildable site and the amount of parking spaces, and Enger further emphasized that it has been the City's experience that the required parking spaces were necessary, noting the parking problems faced by Geluo and the American Family Insurance L;o. and their need to add on parking facili- ties, even though their plans did meet the parking ordinance requirements. Pauly questioned whether the Staff report recommendations have been met. Enger responded that no. 7 requesting detailed gradInG and screening plans has not yet been submitted, and it has been suggested that a 3 level parking ramp be used. m Worthington responded to concerns expressed by Enger, explaining they do have a back up plan if there is a need for more parking. He spoke to a new MTC "ride a van" program which their employees will be able to use and which they feel every industrial park will be using in the future. The 3 level parking ramp suggested would not be feasible because of prohibitive costs; the plan would lend more pro- minence to the ramp than they cared for; and there would not be any assurance it would not cause overflow and drainage problems. Edstrom questioned Johnson further on the* transportation study data referred to in the Mamo of march 3, and whether he felt this plan would be adequate if there was no public transportation available. Johnson responded affirmative. Director of Community Services, Robert Lambert, spoke to the Parks, Recreation and Natural Resources Commission motion of approval of the proposal per the staff recommendations. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and give a lst Heading to Ordinance No. 80-06, for PUD Development Stage approval and rezoning from Rural to Office. Motion carried unanimously. MOTIONs Redpath moved, seconded by Osterholt, to direct Staff to draft a developer's agreemuuL !x,uuupv.L,c&'L1!tig the recommendations of the Planning commission, the Parks, Recreation & Natural Resources Commission, and Staff Report of January 10, 1930, with the stipulation that the parking and public safety concerns be worked out prior to the 2na Reading. Motion carried unanimously. Council Minutes - 5 - March 4, 1980 B. CABLE TV - Invitations for Applications (Res. 80-44) 1 Ulstad explained that State law requires that the city hold a public hearing prior to the extention of the invitations to those Interested in providing the service of cable TV. Ms. Anita Benda, Southwest ZATV Commission, explained the purpose of the public hearing to be held to adopt the "invitation of Appli- cations" . She spoke to the "Preliminary Franchise Ordinance" and "Joint Powers Agreement" , summarizing the procedure to be followed by the applicants and priorities that will be given to the applicants that will provide certain services. Benda clarified, in response to a question by Edstrom, that the Reso- lution acted upon tonight would approve the distribution of documents and not the "Preliminary Franchise Ordinance", in order to give the �a applicants some knowledge of the ground rules. Mayor Penzel questioned the contradiction in the amount of franchise fees contained throughout the documents. Benda explained the 5% fees need approval of the Federal Communications Commission, whereas the 3% fees do not. There is presently a bill in a Senate committee that w would eliminate this F.C.C. rule. fi MOTION: Pauly moved, seconded by Redpath, to close the Public Hearing on CABLE TV and approve Resolution No. 80-44, Invitations for Applications. Motion carried unanimously. V. PAYtENT OF CLAIMS NOS . 789_- - 7750 MOTION: Redpath moved, seconded by Penzel, to approve the Payment of Claims Nos. 7599 - 7750. roll Call Votet Edstrom, Osterholt, Redpath, and Panzel voted "aye";Pauly abstained. Motion carried. VI. REPORTS OF ADVISORY C014M1SSIONS • None. VII. APPOINTMENTS A. Anointment of 7 members to the Hunting 'Lone Committee Ulstad spoke to the memo of February 28th, and the addition of Mike Septer and Robert Dolson to be considered for appointment. MOTION: Osterholt moved, seconded by Redpath, that of the eight members chosen by the Council, the Mayor. appoint 7 members to the Hunting 'Lone Committee, with the charge thLV' the Commission report to the City Coun- cil at their earliest opportunity, their recommendations regarding the increase of hunting zones within Eden Prairie for 1930, within the areas presently not regulated. Motion carried, 4-0-1, Pauly abstaining. Council Minutes - b - March 4, 1980 a VIII . ORDINANCES & RESOLUTIONS A. 2nd Rea.din&of Ordinance No. 80-U, licensing and regulating the use and sale of intaxieatin liquor and amendin Ordinance No. 2G2 as amended by Ordinances Nos. 320 and 78-46 This item was moved to the Consent Calendar (III. L. ) B. Resolution No. 80- continuing Eden Prairie's participation under M, the new L::AA Legislation as a Joint Hennepin County, City of Minneavoollis and Suburban Unit of Government combination entitlement jurisdication This item was moved to the Consent Calendar (III. M.) C. Resolution No. 80-45, granting final approval for Municipal Industrial Development Bonds in the amount o Suburban Associates This item was moved to the Consent Calendar (II1. N.) D. Resolution No. 80-46, granting final approval for Municipal Industrial Development Bonds in the amount of 4;1,3 C,CCG.CG for Donald Russ City Attorney Roger Pauly spoke to tho changes contained in the Resolution which he distributed this evening pertaining the City's rights to payment (deletion of Section 4.9) and to deletion of Section 7 (Amendment of Bond Resolution). MOTION: Edstrom moved, seconded by Redpath, to adopt t,.e amended Resolution No. 80-46, granting final approval for Municipal Industrial S Development Bonds in the amount of $1,350,000.00 for Donald Russ. Motion carried unanimously. IX. PETITIONS, REg ESTS & COMMUNICATIONS A. Request by Menard, Inc. for an addition to their existing storage facility k Mr. Mary Prochaska, Menard Inc. , presented the request for an addition to their existing storage facility, explaining that they have found it advantageous to enlarge the storage builaing in order to house more materials that have previously been stored outside. The 2.5' by 144' addition would be on the southwesterly side, and they did not feel it would change the roof line. In addition, they agreed to continue the brick facing on the new section. Mayor Penzel questioned how much it would reduce the need for outside storage. Prochaska responded that they are adding 3600 sq. ft. , or 200 linear feet of inside storage, which amounts to about two additional aisles. Redpath questioned Prochaska about plans for Valley View Rd. to the south, and expressed disappointment with present status of screening. Prochaska referred to past discussion on screening of neighboring pro- perties and to agreement that property owners would approach representa- tives of Menards if they wanted something done. # 7 Council Minutes - ? - March 4 1950 A. Request by Menard. . . .. . . . .facility (continued) Penzel spoke to strong Council feeling that screening be worked out for z the area, and inquired whether .any neighbors had been approached. Pro- Chaska responded negative, but it is their feeling that it is premature to be considering the screening at this point. Bids are now being re- quested, and the dirt moving project is their main problem presently. The estimated completion date is December lst. MOTI021s Osterholt moved, seconded by Pauly, to approve the request by Menard, Inc. for an addition to their existing storage facility. Motion carried unanimously. B. Riley Purgatory Creek and Nine Mile Creek Watershed District's request for CoiL cil's support of Droposea legislation .. Mr. Howard Peterson, representing Riley Purgatory Creek Watershed District, explained the purpose of their request to the Legislature for an increased mill levy for operational purposesfor the Hine Mile Creek and Riley Purgatory Creek Watershed Districts. The basic factor is the economic situation, ex- plaining that they are limited to one mill or a $?5,000 limit in terms of levy for their operation. In response to a req=pest by Senator Keefe, he has done a study of projects and their financing over the past ten years, noting the increased involvement in Eden Prairie and the incurring costs. They have sponsored bills in the House and Senate that would a11ow the Water- shed Districts to increase the mill levy to a maximum of $125,000, for the two districts, and they are asking for support from the Council. Penzel expressed support and appreciation for the work of the Watershed P PP PP Districts, noting excellent cooperation in the -past between these bodies and the City. MOTIONS Osterholt moved, seconded by Redpath, to direct the Staff to draft a Resolution in support of proposed legislation sponsored by the Riley Pur- gatory Creek and Nine Mile Creek Watershed Districts. Motion carried unani- mously. X. REPORTS OF •OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members /Mrs Mayor Penzel spoke tos 1. B.P.A. communication. . 2. Specific request by Senator Keefe to keep him informed on any matter of importance regarding the hazardous waste matter, as present legislation is uncertain. 3. Upcoming meeting on March 22 regarding concerns of control by communities of their own destiny, and requested a volunteer to to serve on the steering committee. Councilwoman Pauly inquired whether there had been any invitation to participate in the Athena awards for this year, and requested that it be looked into. Council Minutes - $ - March 4, 1930 B. Report of City Attorney City Attorney Pauly discussed the revisions in the draft distributed, , explain- ing that basically, the scope is set forth on the first page. He reviewed the i architect's responsibilities, as well as services. A cap of '$2,000,000..00, for the project cost has been put on, on which the architect's fee would be based. "g The architect should design the project with alternates, and these would come before the Council after committee action. He explained that the City would have the right to terminate the architect's contract at any time, on notice; and if so, fees are paid on monthly basis and according to phases. The City would only have to pay the fees attributable to that phase. Edstrom further questioned the monthly payment during each phase. Pauly res- ponded that the monthly payment would be based on the amount of services rendered for each phase each month. There was further discussion on the possibility of bonds not being sold, with Pauly responding that the City could make the judgement whether to abandon the . project after the schematic design phase. Osterholt questioned the archtect•s responsibilities about the construction of the facility itself. Pauly explained the architect's general supervisory res- ponsibilities during the construction phase to have a person to observe that the plans and specifications and customary tests are being followed. MOTIONS Redpath moved, seconded by Edstrom.the adoption of the contract document to engage the architect for the purpose of developing plans and specs for the Community Center as presented tonight; and to direct the City Attorney to negotiate the concerns that the Council has expressed regarding the right to suspend the archi.tect's work. without actually terminating the contract, at some period of time (60 days), at certain designated points in the contract, based upon the satisfactory resolution of these concerns. Motion carried unanimously. C . Report of CitManager There was no report by the City Manager. D. Report of Director of Community Services 1. Request permission to advertise and receive bids for g2:aAi! a%at Staring Lake Park anti Flying Cloud ballfields This item was moved to the Consent Calendar (III. O. ) 2. Swedlund Property on Riley Lake i.�1. 9 Director of Community Services Bob Lambert spoke to his memo of J, February 22nc: and to the recommendation made by the Parks, Recreation and Natural. Resources Commission that the Council consider obtaining this property and that the use of refunds from the Met Council would be appropriate use for acquisition of lake shore on Lake Riley. They suggested further the selling of the existing Riley Lake Park if addition- al funds are necessary. MOTION: Redpath moved, seconded by Edstrom, to instruct -he Staff to get appraisals oa Lutches Resort and the Swedlund property, and pro rate funds to develop same. Motion carried 4-0-1, Osterholt abstaining. Council Minutes - 9 - March 4, 1`980 i A. D. Report of Director of Community Services (continued) 3. Award tractor bids. This item was moved to the Consent Calendar (III. P. ) 4. Janke property purchase - Anderson Lakes 'his item was moved to the Consent Calendar (III. Q.) Cit School Site trade-off Lambert spoke to his memo of February 25th indicating the status of each of the parcels involved and answered questions of the Council. MOTION: Osterholt moved, seconded by Redpath, that a joint meeting be held with the School Board to clarify positions on this matter. Motion carried unanimously. 6. Tree Disease Pro&Tam City Forester Stuart Fox spoke to the Parks, Recreation and Natural Resources Commission recommendation that the City operate a chip site to dispose of our tree debris for 1980. He explained that the Metro ; Council and Hennepin County have made direct recommendation that no de- bris, as far as solid waste, or tree debris be put into sanitary landfills. The Staff also recommends theoperation of a chip disposal site allowing the City to continue to maintain their current program of services. !' 4L the Council requested more specific figures on the various alternatives discussed by Fox for the meeting of March 18th. E. Report of City Engineer 1. Resolution No. 80-52, ordering improvements on Valley View Road. Haamme_s Way and Bell Road, I.C. 51-325 This item moved to Consent Calendar (III. R. ) is 2. Consider bids for Stage I rovements on Valley View Road and Hames Way, I.C. 1- ? A and site grading at hound Lake Park I.C. 1= 2 B (Resolution No. 32-53} City Engineer Carl Jullie spoke to the memo on the results of the bids which were opened for Phase 1 of the Valley View Rd. improvements. The Staff is recommending that the Council consider deferring awarding the bids for a period of 60 days (May 6, 1930) in order to allow the City ample time to determine if we will be in a position to sell bonds at that time. MOTION: Osterholt moved, seconded by Edstrom, to continue this item to t� the March 19th meeting because of the uncertain financial market at this time. Motion carried unanimously. 3. Resolution No. 90-55, ordering of feasibility re ort for im rovemente on Anderson Lakes FarkwaX from Preserve Boulevard to Lake i:den North Addition I.t�. 1 1 This item moved to Consent Calendar(III. S.) s , Council Minutes March 4, 1980 E. Report of City Engineer (continued) 4. Change Orde, No. ? Sl^ady Oak Road imvrovements, Z.C. Z-344A; for additional swamp mucking and time extension This item moved to Consent Calendar (III. T. ) F. Report of Finance Director 1. Report from Ehlers & Association on sale of park bonds (continued from February 19, 1960) ; Mr. William Fahey, Ehlers and Associates, Inc. , spoke to his letter of February 29th, and answered questions by the Council. MOTION: Redpath moved, seconded by Edst=om, that the Staff be directed to send a letter to the Senate and House authors and our own representa— tives, as well a : the Governor, requesting their prompt and favorable attention to our request of increase of the interest limit to at least 9%. preferable to 1Q,4; and approval given for Eden Prairie to be listed among communities that have these needs and how it proposes to solve its problems. Motion carried unanimously. XI' NEW BUSINESS , CA. ' Illegal house on County Rd. 1 The situation was. discussed and the. suggestion of an amendment to the house moving Ordinance was considered. B. Communication regarding unleashed dogs in the Coach Light Manor neighborhood The issue wasdiscussed, with varying suggestions made for a solution. C. Fenzel spoke to communication received regarding the dumping of hazardous wastes in the sanitary landfill, and asked for clarification from the City Engineer and requested that he check with Hennepin County to see what can be done. D. Cable Commission XOTION: Redpath moved, seconded. by Edstrom, that no Eden Prairie Council member meet with .;able CoMpany representatives other than in public meet— ings. Motion carried unanimously. XII. ADJOURNMENT MOTION: Pauly moved, seconded by Redpath, to adjourn at 11:10 P.M. Motion carried unanimously.