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City Council - 02/03/1981 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 3, 1981 7:30 PM, CITY HALL ,x COUNCIL MEMBERS: Mayor Wolfgang Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF PRESENT: Acting City Manager John Frane, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Bob Lambert, City Engineer Carl Jullie, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE 1 ROLL CALL: All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was withdrawn from the Agenda: VIII . B, Resolution No. 81-25, final approval for Municipal Industrial Development Bonds in t e amount of 970,000.00 for Richard Cohen Minnesota Industrial- Tool ) . Held over to February 17, 1981 was item VIII. A. '3st Reading of Ordinance No. 80-27, Park Use Ordinance. The following items were removed from the Regular Agenda and placed on the Consent Calendar: K. Appointment to the Sewer Service Area Advisor Board (formerly IX. A. 1. b. ); L. Tax Forfeited Lands (formerly IX. E. 4. ) ; and M. Receive feasibilitX re ort and set hearing date for sewer and water im- rovements on Luther Way and Meadow Lane, I .C. 51-395 Resolution No. 81-26) (formerly IX. F. 1. The following was added to the Consent Calendar: J. Resolution No. 81-34, Receiving a petition from The Preserve requesting vacation o a portion of Sunn brook Road in Olympic Hills 6th Addition and setting a hearing date of March 3, 1981. The following items were added to the Agenda: IX. A. 2. b. Warranty Work by Contractors, and IX. E. 5. National Wildlife Refuge replaces Resolution No. 81-08 continued from 1-6-81 but inadvertently omitted from the agenda) . MOTION: Edstrom moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 20, 1981 Page 4, para. 5: "Sorbick" should be "Sorvick" . Page 6, para. 2, line 4: change "proviso" to "provision". Page 7, VIII. 3. : "Paul 's" should be "Pauly's" . Page 10, para. 1: "Attorney" should be "Engineer" ; para. 3, lines 1 and 2: change "to move adoption of" to "to adopt". MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the January 20, 1981 Council meeting as amended and published. r City Council Minutes -2- February 3, 1981 III. CONSENT CALENDAR / A. 1st Reading of Ordinance No. 81-04, street name changes in Chatham Wocds l B. Resolution Nos. 81-27, 81-28, and 81-29, regarding conformance with develop- er's agreement for__Shady Oak Industrial Park 2nd and 3rd Addition C. Authorize bids for loader - Street Department D. Final plat approval for Creekview Estates (Resolution No. 81-30) E. Request to set Public Hearing for Preserve Center 3rd Addition for March 3,198 F. Resolution No. 81-24, final approval for Municipal Industrial Development Bonds in the amount of 1 , 0,0 0.0 for ag a Drug. G. Request to set Public Hearing for Municipal Industrial Development Bonds in the amount of 1,500,000.00 for G. R. Partnership. for March 3, 1981 H. Clerk' s License List I. Resolution No. 81-31, approving preliminary and final plat for Northmark 5th Addition J. Resolution No. 81-34 receiving a petition from The Preserve requesting vaca- tion of a portion of Sunnybrook Road in Olympic Hills 6th Addition and setting a hearing date of March 3, 1981 K. Appointment to the Sewer Service Area Advisor Board (formerly IX. A. 1. b. ) - Gene Schurman was appointe . L. Tax forfeited lands (Resolution No. 81-32) - (formerly IX. E. 4. ) M. Receive feasibility report and set hearing date for sewer and water improve- ments on Luther Way and Meadow Lane, I. C. 51-395 Resolution No. 81-26 MOTION: Redpath moved, seconded by Tangen, to approve items A - M on the Con- sent Calendar. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzei voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS i A. Diseased Trees Public Hearing MOTION: Edstrom moved, seconded by Tangen to move the date of the public hearing from February 3, 1981 to February 17, 1981. Motion carried unani- mously. B. Basswood Terrace bI The Preserve. Request to rezone 5 acres to R1-13. 5 and platting for 12 single amily lots; and rezone 2. 5 acres to RM 6.5 and platting for 14 duplexes (7- buildings). Located north of Basswood Road and west of Black Maple Drive (Ordinance 81-03 and Resolution 81-33Y, 1 Larry Peterson, representing The Preserve, introduced Jim Hill of James R. Hill , . Inc. who spoke to the proposal and displayed graphics of the project. i x A r r; City Council Minutes -3- February 3, 1981 Planning Director Enger explained that this item was reviewed by the Planning Commission at its December 22nd meeting and that it voted 6-0 to recommend t approval of the rezoning and the preliminary plat subject to the recommendations in the Staff Report dated December 18, 1980. Director of Community Services Bob Lambert stated that the Parks, Recreation & Natural Resources Commission considered this item at its January 5th meeting and unanimously recommended its approval as per the Planning Commission's rec- ommendations. 3 Ann Kalin, 8650 Black Maple Drive, expressed an interest in seeing a pathway system along Center Way from Anderson Lakes Parkway to Northmark. MOTION: Moved by Redpath, seconded by Edstrom, to close the public hearing and give a first reading to Ordinance No. 81-03, requesting rezoning of 5 acres to R1-13.5 and rezoning 2.5 acres to RM 6.5. Motion carried unanimously. z MOTION: Moved by Redpath, seconded by Edstrom, to adopt Resolution 81-33, approving the preliminary plat. Motion carried unanimously. MOTION: Edstrom moved, seconded by Tangen, to direct Staff to draft a develop- er' s agreement incorporating the recommendations of the Planning Staff and Commie ` sions. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 4969 - 5163 MOTION: Redpath moved, seconded by Tangen, to approve the Payment of Claims Nos. € 4969 - 5163. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission 1. Resolution No. 81-14, defining responsibilities of the Human Rights & Services Commission relating to the review of human service proposals Duane Pidcock, chairman of the Eden Prairie Human Rights & Services Commis- sion, spoke to the Resolution and introduced members of the Commission in attendance: Barb O'Grady, Bob Norberg, Larry Simenson, Steven James, and Rae Bly, Staff liaison. MOTION: Moved by Edstrom, seconded by Redpath, to adopt Resolution No. 81-14, defining responsibilities of the Human Rights and Services Commis- sion relating to the review of human service proposals, with the following change: last para. 3rd line: substitute "involved in" for "responsible for Motion carried unanimously. 8 i as �: City Council Minutes -4 February 3, 1981 VII. PETITIONS, REQUESTS & COMMUNICATIONS �wn A. Request from Mr. Lau hin house, Deerick Land Company, for 4 building permits upon RLS #664 Continued from 1/20/81 Kurt Laughinghouse, representing Deerick Land Company, reviewed the request for 4 building permits. He stated he had attempted to make contact with the three neighbors to the south via letter, copies of which were sent to the Council as well as the responses received. Mr. Laughinghouse is willing to increase the dollar amount to $750 for fencing and/or plantings. Harold Auwerter, 15513 Park Terrace Drive and James Devore, 6428 Kurtz Lane voiced their concerns as adjacent property owners. Mayor Penzel asked City Engineer Jullie the status of utilities in the area. Mr. Jullie stated that they were constructed several years ago and have been laying dormant since that time; but they were designed by Rieke, Carroll , Muller who provided inspections while they were under construction . If the City were to accept these lines at this time, they would be subject to additional inspection. City Attorney Pauly cited a recent decision handed down by the courts; and stated that the City does not have a good defense for not issuing building permits for this property. in light of this decision. Edstrom sees the Council 's hands tied as far as legal stands go. The Council is not in a position to say what was done in 1973 was right or wrong. MOTION: Redpa th moved, seconded -by Edstrom, to grant the request of Mr. Laughinghouse for 4 building permits on RLS #664 subject to require- ments of the City Engineer's Department; up to $750 per lot to be provided by Mr. Laughinghouse (Deerick Land Company) for screening; and that the Property owner clean up the property as soon as the snow melts . Motion carried unanimously. B. Request from Bev Cronk on review of New House Moving Ordinance No. 79-34 Beverly Cronk, 18895 Pheasant Circle, asked the question, "What is considered a 'moved-in house'?" City Attorney Pauly said that the Ordinance relating to moving of build- ings simply refers to a requirement for a permit to do so. It does not refer to a house and it does not define a building. A person seeking a permit has to supply evidence that the real estate taxes and special assessments against the building and the land from which it is to be removed have been paid in full . Other provisions of the Ordinance suggest that the intent of the Ordinance is that it be applied to previously used, fully constructed buildings. Carol Ellison, 18925 Pheasant Circle, expressed her concern that the new State regulations override portions of the 1979 Ordinance. Gary L. Nelson, 18129 Valley View Road, homebuilder and Dynamic Home's representative, spoke about the quality of construction and the market value of this home in comparison with those in the area. Jon Jansson, 19130 Homestead Circle, expressed concern as to the size of the home. I u�. City Council Minutes -5- February 3, 1981 MOTION: Bentley moved, seconded by Redpath , to have the City Attorney investigate statutes to find a definition for the word "building" in an attempt to clarify our position in light of State law and to report back on March 3rd. Motion carried unanimously. C. Request from Zachman Homes, Inc. to modify setback variances contained_ . in Village Woods 2nd Addition Stephen T. Ryan, representing Zachman Homes, explained the misunderstand- ing in the setback restrictions contained in the Developer's Agreement and requested the Agreement be amended to allow a ten foot side yard set back on the living side of a split level home rather then the current 15 foot requirement. Planning Director Enger explained the problem was in the definition of a split level home. The Planning and Building Staffs have considered them to be 1k story home, whereas Zachman has considered them to be single story. The Planning Staff has no problem with changing the Developer's Agreement. MOTION: Edstrom moved, seconded by Tangen, to amend the Developer's s Agreement to allow a ten foot side yard set back on the living side of a split level home. Motion carried unanimously. j VIII. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 80-27, Park Use Ordinance Held over to February 17, 1981 B. Resolution No. 81-25 final approval for Municipal- Industrial Develop- ment Bonds in the amount of $970,000.00 for Richard Cohen Minnesota Industrial Too Withdrawn IX. REPORTS OF OFFICERS, BOARDS- & COMMISSIONS A. Reports of Council Members 1. Mayor Penzel a. Subcommittee on Fishing & Restocking Lakes Bob Gartner, 15701 Cedar Ridge Road, proposed an ad hoc committee of the Parks, Recreation & Natural Resources Commission to assess fishing--potential of Eden Prairie Lakes, formulate programs for improving fishing in those lakes , and identifying the costs and benefits of those programs. The Parks, Recreation & Natural Re- sources Commission supported this proposal at its February 2, 1981 meeting. People interested in serving on this ad hoc committee include: Bill Garens, Bob Hallet, Jim Simons, Paul Friederichs, and Marty Jessen as a representative of the Parks, Recreation & Natural Resources Commission, as well as Bob Gartner. MOTION: Moved by Redpath, seconded by Tangen, to authorize the ad hoc committee on fishing and restocking lakes, Motion carried unanimously. City Council Minutes -6- February 3, 1981 b. Appointment to the Sewer Service Area Advisor Board - moved to the Consent Calendar as III. K. 2. Councilman Bentley a. Solid Waste. Site selection process Bentley explained he was assigned to deliver this information to the Eden Prairie and Bloomington City Councils. The selection process began with the establishment of parameters and criteria which will be used to select the five sites. The five site inventory must be submitted to the Metropolitan Council by June 1, 1981. Bentley will keep the Council informed on the progress of the Committee. b. Warranty Work by Contractors Bentley said he has been approached by several individuals who wondered if the City has any means of responding to contractors . who do not fulfill their warranty commitments . The City Attorney was requested to submit a written memorandum i in response to this problem. B. Report of City Attorney The trial date has been set for March 16, 1981 in the tax increment financing litigation. City Attorney Pauly requested authorization to 1 engage consultants and experts as necessary. MOTION: Redpath moved, seconded by Edstrom, to authorize up to $10,000 to engage consultants and experts as necessary for the tax increment litigation. Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye" . Motion carried unanimously. C. Report of Acting City Manager The Development Commission met and decided to solicit aid from the business community in lobbying efforts in regard to tax increment financing. A break- fast meeting will be held at City Hall on Wednesday, February 11, at 7 :30 a. Redpath noted that the Chamber of Commerce Board had taken action at its recent meeting to support the City's effort and they should be made aware of the Wednesday meeting. ' D. Report of Planning Director 1. Slope Ordinance Reference was made to the January 27, 1981 memo from Chris Enger. MOTION: Bentley moved, seconded by Edstrom, to request Staff to proceed according to the January 27 memo. Motion carried unanimously. Bentley volunteered to serve on the joint committee (two members of the Planning Commission, two members from the Parks, Recreation & Natural Resources Commission, and a member of the City Council ) to study this issue. 3 City Council Minutes -7 February 3, 1981 . MOTION; Moved by Bentley, seconded by Tangen, to extend the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. t 2. Eden Prairie Master Plan for City Hall Planning Director Enger showed seven potential site plans for a I City Hall Complex and discussed the merits and/or drawbacks of each plan. The consensus was that "Plan G" best meets the needs of the City at this time. MOTION: Edstrom moved, seconded by Redpath, to authorize Staff to proceed with a request for a proposal to hire an architect to do a needs assessment. Motion carried unanimously. E. Report of Director of Community Services 1. Hennepin County Park Reserve District Agreement (continued from 1-20-81 Director of Community Services Lambert review what has happened in the past two weeks, including a meeting between Staff from the Hennepin County Park Reserve District (HCPRD) , City and the property owners involved in the Bryant Lake Park area. Staff recommends that the City Council approve the agreement as written with the following change to 2.5 on page 11: "City hereby grants consent to the District to acquire by negotiation and eminent domain proceedings for the period of one year from the date of this agreement-, the�properties not owned by the City within the approve oundaries of both parks as shown on exhibit Al and 81, etc. " This would allow the District to negotiate for the acquisition of all park land that they would have funding for, within that one year period. At the end of that year, the District or the property owner would have to request the Council to grant the consent on a parcel by parcel basis. John Sunde and Marilyn Egerdal , representing HCPRD, were present to answer questions. Jerry Rodberg, 6580 Rowland Road, expressed concern over the timing of funding. Greg Belinski , attorney for Uherkas of 6517 Rowland Road, asked that the agreement be amended as per the Staff report. Jerry Brill , attorney for Metram Properties, stated that Metram desires to develop their property and will soon come to the City for plan approval . Bentley asked if the one year power of eminent domain applies also to I properties in the Anderson Lakes Park area. Lambert stated that it is not necessary as the Park boundaries remain the same as proposed in 1974. All private properties are considered "in holding" and funds have been set aside to purchase them as they become available. Bentley asked whether or not this Agreenent chanties ':he statics o- any of the homeowners in the Anderson Lake Park site. Staff said it remains unchanged. City Council Minutes -8- February 3, 1981 Tangen asked if the HCPRD is agreeable to the eminent domain provision ( as recommended in the Staff Report dated January 29, 1981. Egerdal stated that the HCPRD Board's position to date has been to not accept the Agreement without the unconditional power of eminent domain. Tangen expressed concern about delaying transition because of deterioration within the Bryant Lake Park -- the City is doing nothing, the County nothing. MOTION: Tangen moved, seconded by Redpath, to approve the Agreement with the Hennepin County Park Reserve District as originally submitted. Motion carried unanimously. 2. BMX Track John Lobben, 14090 Forest Hill Road, spokesman for a group of people who support development of a BMX Track, spoke to the proposal . Lambert, Director of Community Services , stated that the Staff Report of January 29, 1981, recommends use of a bulldozer for grading of the track and the access trail . Redpath raised the question of liability during unsupervised periods. Lambert responded that it would be the same as on ball fields and no great problems are forseen. MOTION: Moved by Tangen, seconded by Redpath, to commit the use of the City bulldozer for grading of the track and the access trail. Motion carried unanimously. 3. Purgatory Creek Recreation Area Don Brauer, Brauer & Associates , representing 12 of 17 property owners in the Purgatory Creek Area spoke to the proposal . Director of Community Services Lambert stated that prior to pro- ceeding with the development of the plan for the Purgatory Creek Recreation Area, a decision must be made regarding a public 18 hole golf course. Parks, Recreation, & Natural Resources Commission approved the concept plan. MOTION: Moved by Bentley, seconded by Redpath, to direct Staff to answer, in the next 60 days, the questions posed; and request Don Brauer to get letters of intent from the property owners. Motion carried unanimously. 4. Tax forfeited lands (Resolution 81-32) - moved to Consent Calendar III . 10 5. National Wildlife Refuge (replaces Resolution No. 81-08 continued from 176181 but ina vertently omitted from the agenda) The Parks, Recreation & Natural Resources Commission urged the Council. to support the Minnesota River Valley Wildlife Refuge Recreation Area. 4 City Council Minutes -9- February 3, 1981 MOTION: Redpath moved, seconded by Edstrom, to support concept C as proposed by the refuge plannners and furthermore, to limit and carefully manage development of snowmobile trails in Eden Prairie, and that eques- trian trails be included that would connect Eden Prairie trails to the Minnesota River Valley Trail and to support the expansion of refuge boundaries to include the bluff area as proposed by the refuge planners. The Council also -supports the hunting plan that would allow limited hunting by permit. Motion carried unanimously, F. Report of City Engineer I. Receive feasibility report and set hearing date for sewer and water improvements on Luther Way and Meadow lane, I .G. 51-395 Reso ution No. 81-26 - moved to Consent Calendar as item III. M. 2. - Petition from residents for iowering speed limit on Co. Rd. 4 south of TH 5 The Council instructed Staff to informally discuss with the County the speed limit on County Road 4 to find out what they consider to be an appropriate speed. 3. Proposal from Northern States Power regarding ower line alon Scenic Heights Road City Engineer Jullie spoke to his Memo of January 29, 1981 regarding the NSP proposal . He pointed out that this is a policy question. Sam Higuchi. NSP representative, addressed the NSP proposal . MOTION: Tangen moved, seconded by Edstrom, to direct Staff,along with a representative of NSP, to contact "benefited" property owners to see if they would like to participate in the cost of such an improvement. Action on this proposal will be deferred until Feb- ruary 11. Motion carried unanimously. X. NEW BUSINESS There was no new business. IX. ADJOURNMENT MOTION: Moved by Redpath, seconded by Tangen, to adjourn the meeting at 12:27 a.m. Motion carried unanimously.