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City Council - 04/01/1980 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL k 4 TUESDAY, APRIL 1, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean £dstrom, Dave 3 Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ellstad; City Attorney Roger Pauly; Director of Community Services Bob Lambert; Planning Director Chris Enger; City Engineer Carl Jullie, and Joyce Provo , Recording Secretary INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were removed from the regular agenda and placed on the Consent Calendar: VII . A. Appointment of I member to the Minnetonka Community Services Advisory Commission; VIII . A. Resolution No. 80-75, supporting approval of the Hennepin County F.A.U. project submittals for projects within the Ci�_tyy of Eden Prairie for 1981 through 1983; VIII . C. Approve plans and speci rations for traffic signal and road improvements at Co. Rd. 18/Anderson Lakes Parkway, I.C. 51-338 Resolution No. 80-73 ; IX. D. 1 . Creekwood Park ; IX. D. 2. Community Center Site; and IX. E. 1 . Request by Eden Hills Company for an additional extension of the time requirement for final approval for M. .D. s . MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II . MINUTES A. City Council Meeting held Tuesday, March 4, 1980 Pg. 1 , 4th para. , lst line, strike "MEMBERS" and insert "STAFF" ; Pg. 10, 7th para. , 2nd 1 i ne, strike "Comm ssi on" and insert "Company" . MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the City Council Meeting held Tuesday, March 4, 1980, as amended and published. Motion carried unanimously. B. Ci_ tX Council Meeting held Tuesday, March 18, 1980 Pg. 6, 2nd para. , 2nd line, strike "how the people are doing to get in and out of the office building" and insert in lieu thereof "about the location of the driveway" ; and in the 4th para. , lst line , strike "Reigert's" and insert "Ri egert' s". MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of I the City Council Meeting held Tuesday, March 18, 1980, as amended and published. Motion carried unanimously. III . CONSENT CAL ENDAR A. Clerk ' s License List Council Minutes - 2 - Tues . ,Apri 1 1 , 1980 `V B. Approve plans and specifications and order b ids for improvements in Duck AW Lake Vist U .C. 51 -367 , A_pine Estates 2nd I .C. 51-372 , and Village M Woods II I.C. 51-362 Resolution No. 80-72 C. Resolution for T.N. 169 right-of-way dedication for permanent signal project at Co. Rd. 7 Resolution No. 80-74) D. Set Public Hearing for Rymarland Camp 2nd Addition for May 6, 1980 E. Set Public Hearing for Cardarelle & Associates, Inc. Office for May 6, 1980 F. Request to reschedule Public Hearin q for Minnesota Vikings for Municipal Industrial Development Bond approval in the amount of . 6,000,000.00 from April 15, 1980 to May 6, 1980 G. Appointment of 1 member to the Minnetonka Community Services Advisor Board - Lorena Marks formerly item VII . A. H. Resolution No. 80-75, supporting approval of" the Hennepin County F.A.U. project submittals for projects within the City of Eden Prairie for 1981 through 1983 formerly item VIII . A. — ' I. Approve plans and specifications for traffic signal and road improvements at Co. Rd. 18/Anderson Lakes Parkway, I .C. 51-338 Resolution No. 80-73 formerly item VIII . C. J. Creekwood Park (formerly item IX. D. 1 . ) 4L K. Community Center Site (formerly item IX. D. 2) L. Request by Eden Hills Company for an additional extension of the time require- ment for final approval for M. I .D.B. ' s - 3 month extension formerly item IX. E. 1 MOTION: Edstrom moved, seconded by Redpath, to approve items A - L on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Viking Office & Traininq Facility b Condon/Nae ele Realtv Co. Reoues�or Pip Concept ap royal for Office/Industrial uses on 73 acres an 'FUD Development stage approval , rezoning from Rural & I-2 Park to Office for 15 acres, and preliminary plat approval Resolution No. 80 - 64 - PUD; Ordinance No. 80-09 - rezoning; and Resolution No. 80-65 - preliminary plat) John Worrall , Brauer & Associates, representing the Minnesota Vikings, spoke to the proporal , explaining at this time they are only asking the Council to consider concept and development stage approval of Phase 1 of the PUD consisting of 15 acres (lot 1 being approx. 4 acres , and lot 2 being approx. 11 acres) , rezoning from I-2 and Rural to Office, and preliminary plat approval . Worrall further added the proponents would like to receive approval for a land alteration permit prior to the 2nd reading of the ordinance so they can proceed with the Vikings site development. A grading plan was displayed of the site by Mr. Worrall and he noted that the proponents have appeared before the Nine- Mile Creek Watershed District and they have chanted a grading permit subject to Council approval . Council Minutes - 3 - Tues . ,April 1 , 1980 A. Viking Office & Training Facility (continued) i jww y Grady Alderman, Minnesota Vikings, added they chose the site for the privacy it offered and have retained as much of the natural terrain as they could. City Planner Enger explained the Planning Commission first considered this item on January 28, 1980, and the proposal was acted upon at the March 10, 1980 meeting. The Commission broke their recommendation into two parts - the first i was the recommendation to the City Council for approval of the preliminary plat of lots 1 and 2 shown as Phase 1 , and approving the rezoning from i Industrial Park and Rural to Office District for lots 1 and 2. The Planning j Commission did ask that a detailed grading plan be submitted prior to City Council review and the Planning staff has had an opportunity to look at the detailed plan and find it very acceptable. The second part of the recommenda- tion by the Planning Commission was on the balance of the PUD - the Planning Commission felt the road system was not exactly what they wanted to see and that the site in terms of vegetation and grading could be treated a little bit more sensitively and asked that the proponent review this and return to the Planning Commission with changes. Enger spoke to the Staff Report dated February 20, 1980, specifically to the recommendations for rezoning and preliminary platting. Director of Community Services Lambert added the Parks , Recreation & Natural Resources Commission reviewed this proposal on March 17th and recommended approval of the rezoning and preliminary plat for the Vikings site, and also recommended the Council consider the question to return the balance of the PUD to the developer to consider recommendations as proposed in the Planning Staff Report. 4L Penzel inquired as to what is to become of the lot that is presently called Lot 1 as there seems to be no use or plan for that. Enger replied he has seen in the development proposal they have a site plan for an office building shown. Mr. Alderman added they have an option on that lot because they don' t know exactly where football is going and they may want to use it in the future. Penzel asked if the Vikings would commit to returning to the Commissions and the City Council prior to building permits for lot 1 . Mr. Alderman responded in the affirmative. Osterholt questioned if approval were granted, when would the facility be I ready for use? Mr. Alderman replied if they can get a land alteration permit, they may commence field work next week, and they hope to be able to use the athletic portion of the facilities this fall (September lst) when the players break camp in Mankato. This would be the lower level of the locker area , exercise area and the fields. The office part, if it is ready, they will move in, and if it is not they would wait until 1981 . Jason Hallonquist, 1085E Hyland Terrace, member of the Cub Scout Pack in attendance at the Council meeting, asked if it would be possible for people to watch the Vikings work out. Mr. Alderman replied that has not been decided and the man that makes that decision is Bud Grant, Coach of the Minnesota Vikings. It is Alderman' s feeling if the Vikings have training camp in Eden Prairie the public will be permitted to come into the training camp, however, after they get into the regular season and regular game preparation, practices will be closed. Marcella Smetana, who lives across the creek, asked what is going to happen to the woods that are remaining east of Smetana Lake. Penzel replied the reconunendation presently is not to make any approvals on that portion of the western most portion of the site, and even if those were acted upon the present proposal is to leave the existinq trees essentially undisturbed. F Council Minutes - 4 - Tues. ,April 1 , 1980 A. Yiking Office & Training Facility (continued) MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-64 , granting PUD Concept and Development Stage approval on Phase 1 consisting of lots 1 and 2 for the Elinnesota Vikings Office & Training Facility. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to give a 7st Reading to Ordinance No. 80-09, rezoning Phase 1 consisting of 15 acres from I-2 and Rural to Office. Motion carried unanimously. MOTION: Edstrom moved, seconded by Pauly, to adopt Resolution No. 80-65, approving the preliminary plat. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a ' developer's agreement incorporating the recommendations of the Staff Report dated 2/20/80 and the Planning Commission and Parks , Recreation & Natural Resources Commission recommendations. Further that staff be authorized to issue the grading permit as requested by the proponents. Motion carried unanimously. B. Tudor Oaks by ABIO Holdings , Mn. ,Inc. Development stage approval of the PUD to include preliminary platting of 44 acres into 3 lots and 2 outlots Resolution No. 80-66 g ' City Manager Ulstad explained the proponents are not able to be present this evening and the request is for preliminary plat approval only as the property 4Lis already zoned. City Planner Enger added Mr. Brauer, Brauer & Associates , presented the proposal before the Planning Commission and he is out of town at the present time and unable to attend the Council meeting. Mr. Brauer did know this item was on the agenda but did not make any arrangements to have a representative attend the Council meeting. Council expressed concern that the proponents were not represented to explain their reasons for the preliminary plat request, especially since the proponents knew three weeks ago this item was published for a public hearing. Enger explained the project is to be sold now as condominiums and the care facility is not to be carried as part of the life care philosophy as originally planned. It would be a condominium situation where there are now apartment units, and the life care portion of it would be operated by the Ebenezer Foundation and would be subcontracted completely separate. Enger added this request was considered at the March loth Planning Commission meeting and the Commission recommended to the City Council approval of the preliminary plat dated December 15, 1979 as per the Staff Report dated February 21 , 1980 and the recommendations of the MN/DOT letter dated February 27, 1980. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 80-66, approving the preliminary plat for Tudor Oaks dated December 15, 1979 as per Planning Convilission' s recommendations including the dedication and variances requested. Motion carried unanimously. C. Watermain, street and storm dr_ainp_ o improvements on W. 74th Street, Norseman Indusfirial Park,I.C.5 -359 _(Hesoiution No. City Engineer- Jullie spoke to the feasibility report with staff reco►rrmendatiorl h t� the Council consider ordering in the impcovemonts at a estimated cost of 35 ,0uo for the new improvements , with assessments spread over 17 yt:ars at an Council Minutes - 5 - Tues. ,April 1 , 1980 ,r C. Watermain, street anc.' storm t drainage improvements on W. 74th Street 9 P _ , - °l. interest rate to be addressed sometime later because of the uncertainty of the It bond market. Jullie added if the Council orders in the improvements , bids would be opened in June and construction completed this fall . There was general discussion about the inclusion of the single family parcels within the assessment limits . Staff was directed to research this question and report back to the Council as to inclusion of these properties at a future public hearing. Jullie explained he has met with Mr. Bill Pearson, owner of the property to the south, and Mr. Pearson has indicated that the proposed storm sewer improvements and drainage pond connections are reasonable. Mr. Pearson confirmed the statement made by Jullie. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 80-69, ordering watermain, street and storm drainage improvements on W. 78th Street extended, Norseman Industrial Park 4th, I .C. 51-359. Motion carried unanimously. D. Vacation of excess right-of-wa,,v along W. 78th Street abutting Rosemount, Inc. , property Resolution No. 80-70) MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-70, vacating excess right-of-way along W. 78th Street abuttinq Rosemount, Inc. property. Motion carried unanimously. E. Vacation of drainage and utility easements along lot lines, Garrison Forest nd Addition Resolution No. 80-71 City Engineer Jullie spoke to Resolution No. 80-71 , recommending the Council consider approval of the vacation subject to the preliminary plat approval for Garrison Forest Fourth Addition. Penzel asked if the people who presently have homes along Garrison Way know there is consideration being given on the shifting of lot lines . Ulstad replied The Preserve will be appearing before the Board of Appeals & Adjust- ments regarding a permit for moving a house and for rear yard variances and at that time the abutting property owners will be notified. Enger added in addition when the preliminary plat was considered by the Planning Commission on March 24th, notices were also sent to abutting property owners. Edstrom asked if there is any work that needs to be done to Anderson Lakes Parkway. Jullie replied The Preserve did a substantial amount of grading along the outlots and improved the sight distance. If a profile were run of the center 'line going through the engineering calculations for sight distance, it does meet the minimum requirements. Jullie commented until Anderson Lakes Parkway is upgraded, there won' t be any additional work done. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-71 , vacating drainage and utility easements along lot lines of Garrison Forest 2nd Addition subject to the preliminary plat approval for Garrison Forest Fourth Addition. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 1001 - 1139 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 1001 - 1139. Roll Call Vote: Redpath, Edstrom, Osterholt and Penzel voted "aye" ; Pauly "abstained" . Motion carried. Council Minutes 6 - Tues. ,April 1 , 1980 VI . REPORTS OF ADVISORY COM1MISSIONS 4rNo reports. VII. APPOINTMENTS A. Appointment of l member to the Minnetonka Community Services Advisory Commission This item was moved to the Consent Calendar (III. G. ) . VIII. ORDINANCES & RESOLUTIONS r A. Resolution No. 80-75, supporting _approval of the Hennepin County F.A.U. project submittals for projects within the City of Eden Prairie for 1981 through 1983 Thi s i tem was moved to the Consent Cal endar (I I I . H. } . B. Resolution No. 80-67, approvin the preliminary plat; of Garrison Forest 4th Addition MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 80-67. approving the preliminary plat of Garrison Forest 4th Addition. Motion carried unanimously. C. Approve plans and specifications for traffic signal and road improvements at Co. Rd. 18/Anderson Lakes Parkway, I .C. 51 -338 Resolution No. 80-73 This item was moved to the Consent Calendar (III . I . ). IX. REPORTS OF OFFICERS, BUARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Edstrom brought the Council up-to-date on pending legislation on hazardous waste before the Legislature. 2. Ma or Penzel reported on the status of the Tax Bill presently being considered at the State Legislature. B. Report of City Attorney No report. C. Report of City Manager No report. D. Report of Director of Community Services 1. Creekwood Park (continued from March 18, 1980) This item was moved to the Consent Calendar (III . J. ) . 2. Conronuni t r�Center Site This item was moved to the Consent Calendar (III . K. ) . z , A+ C :,Heil Minutes - 7 - Tues. ,April 1 , 1980 3. Homeward Hills Park Grading/Ownership l z City Manager Ulstad explained City Staff had hoped the developer's agreement for Bluff' s West 3rd Addition would be signed by Hustad by this evening and could be considered for final approval . However, Hustad' s did not sign the agreement. Ulstad added the Director of Community Services did take bids on Homeward Hills Park and told the bidders prior to opening that we were having some difficulty acquiring the property, so the bids have not been opened which was done in deference to the protection of the bidders. Hopefully this week City Staff will be meeting with the Hustad people. Director of Community Services Lambert felt that a requirement ought to be made prior to the storm water system being put in for Bluff's West 2nd Addition - either a temporary holding pond that fits in with the park or else pipe it all the way down to where it is going to go. MOTION: Edstrom moved, seconded by Redpath, to reject all bids at this point, and that this item be brought back to the Council on April 15th at which time hopefully the storm water drainage situation will be satisfactorily resolved. Motion carried unanimously. 4. Award Bids for Construction Equipment Lease MOTION: Osterholt moved, seconded by Redpath, to award the bids to the lowest responsible bidders: Valley Equipment Company in the amount of $8,775.00 for a medium dozer for 3 months, and Case Power & Equipment Company in the amount of $3,240.00 for a bobcat for 3 months . Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. 5. M.A.C. Lease for Flying Cloud Ballfield Expansion Director of Community Services Lambert spoke to his memo dated March 27, 1980, adding all of MAC's leases are pretty similar as far as their termination terms are concerned. Penzel suggested staff talk to Mrs. Suel and Mrs. McCloskey, members of the Metropolitan Airports Commission, regarding the $225.00 a year rental charge to Eden Prairie for the Flying Cloud Ballfields. MOTION: Redpath moved, seconded by Edstrom, to approve the M.A.C. lease and direct staff to negotiate the $225.00 a year rental fee. Motion carried unanimously. b. Flying Cloud and Staring Lake Park Bids City Manager Ulstad requested that this item be continued as checking is being done on the title of the property which should be completed by the April 15th Council meeting. MOTION: Osterholt moved, seconded by Edstrom, to continue this item to the April 15, 1980 Council meeting. Motion carried unanimously. Council Minutes - 8 - Tues. ,April 1 , 1980 7. Report on Restoration Stuff o d f Grill House - Foster Dunwiddie Carol Hone, Chairperson of the Historical & Cultural Commission, introduced Foster Dunwiddie, who spoke to the Historic Preservation Feasibility Study of the Cummins-Grill House dated December 20, 1979, which was prepared by his firm (Miller-Dunwiddie-Architects) . Mr. Dunwiddie concluded that the Cummins-Grill House, in his opinion, is eligible for nomination to the National Register of Historic Places based upon its local significance in the areas of Agriculture and Exploration/Settlement. In suiTrnary, Mr. Dunwiddie explained the house dates from 1879 with a major addition having taken place about 1910. They found that the house was structurally sound and much of the historic fabric is in tact and it can be restored. As far as priority, it would first be the replacement of the roof which would run between $23,700 - $26,100, and the stablization of the exterior walls - particularly the east wall of the kitchen. Director of Community Services Lambert commented he would be comfortable moving on this item if it was already approved as an historic site as he would hate to see the City put a lot of money into it and not have it qualify. Mr. Dunwiddie replied there is a quick way of checking this and that 4L is to ask the State Historical Office to send out one of their staff to take a look at the house. The advantages from the standpoint of the City having the site on the National Register is there are available both State and Federal funds which come through the State Historic Preservation Office - Grants Committee. The Federal funds are only available to sites that are on the National Register of Historic Places. The State funds are available to sites which are on State inventories and are considered historic from a statewide stand- point or local standpoint Mr. Dunwiddie further noted Eden Prairie has an advantage, and that is the State Grants Review Board does give priority to cities that have municipal heritage preservation commissions. They tend to feel that in that instance there is better control over the funds and the projects are more readily completed. However, if the City were to go ahead and restore the roof, those funds would not be counted as matching funds. Osterholt suggested that an inquiry be made to the Vo-Tech School as to their interest in the roofing and brick work which needs to be done on the Cummins-Grill house. Pauly asked how the Cummins-Grill house is perceived in relationship to other homes in Eden Prairie. Ms. Hone replied the Douglas - More house is certainty a better consideration; however, the plus on the Grill house is the City already owns it, Chairperson Hone added she doesn't think two historical houses in a City the size of Eden Prairie are too many. Council Minutes - 9 - Tues. ,April 1 , 1980 1. Report on Restoration Study of Grill House - Foster Dunwiddie (continued) Ms . Hone added she is not sure the Cummins - Grill house should be a museum but would like to see it restored and maybe used in some way as an historic site. In the case of the Douglas - More house, Hone felt it could be used as a museum as it is architecturally more interesting and needs very little work. The City does have a letter in its possession from the More's inviting the City's interest in the Douglas house which includes a lifetime residency for the More's. }' MOTION: Osterholt moved, seconded by Redpath, to instruct Staff to a contact the State Historical Preservation Office to have the Cummins - Grill house examined and its likelihood for acceptance to the National Register determined,with Staff to come back to the Council with a plan of financing on the immediate needed improvements. Further that Staff be authorized to enter into negotiations with the More' s for a means of securing the Douglas house. Motion carried unanimously. ( 8. Hidden Ponds Park negotiations Director of Community Services Lambert spoke to his memo dated March 28, 1980. 1 MOTION: Osterholt moved, seconded by Edstrom, to authorize staff to negotiate an option on the Hidden Ponds Park site based on report dated March 28, 1980. Motion carried unanimously. E. Report of Finance Director 1. Request by Eden Hills Company for an additional extension of the time requirement for final approval for M. I .D.B. 's (Extension: 3 months to July 1 , 1980) This item was moved to the Consent Calendar ( III . L. t X. NEW BUSINESS A. for Penzel referred to an article which appeared in the Minneapolis paper, Harch 29, 1980, indicating the Metropolitan Council has approved the construction of a bridge and freeway ramps on Interstate #494 and Valley Creek f Raad in Woodbury (St. Paul ). Penzel suggested City Manager Ulstad find out from the Highway Department whether there is private participation in the cost of this improvement and if there is not, why this particular shopping center merits such improvement when our shopping center, which is 4 or 5 years older, has been refused such consideration consistently. B. Ma, or Penzel requested City Manager Ulstad to put in a memo form to all Commissions/Boards normally authorized expenditures and what is not, i .e. , what would require Council concurrence prior to expenditure. Redpath added he would like to see the budgets for the Commissions/Boards and what the money is to be us ed for. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council meeting at 10: 17 PM. Motion carried unanimously.