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City Council - 02/17/1981 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL l TUESDAY, FEBRUARY 17, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF PRESENT: Acting City Manager John D. Frane, .City Attorney Rick Rosow, Planning Director Chris Enger, Dir- ector of Community Services Bob Lambert, City Engineer Carl Jullie, City Forester Stuart A. Fox, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Paul Redpath was absent I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: VIII. D. 3. Amendment to Menard's Developer' s- Agreement. The following items were removed from the Regular Agenda and placed on the Consent Calendar: E. 1st Reading of Ordinance No. 81-05 amending Ordinance No. 248 adopting 1979 State Bui ]ding Code formerly VII. B. ; F. Resolution No. 1-38 finalapproval for Munici al Industrial Development Bonds in the amount 0 970 000.00 for Minnesota Industrial Tools Richard W. Cohen) (formerly WI. C. ; G. Consider bids for water supply wells, Contract No. l I.C. 51-354 (Resolution No. 1-39) (formerly VIII. F. 1. ); H. Receive feasibility re ort and set hearinS date for street improvements on Hilltop Road, I .C.51-380 (Reso- lution No. 81- 1 (formerly VIII. F. 2. MOTION: Edstrom moved, seconded by Bentley, to approve the agenda as amended and published. Roll call vote: Bentley, Edstrom, Tangen, and Penzel voted "aye". Motion carried unanimously. i II. MINUTES A. Special Eden Prairie City Council meeting held Thursday, Januaryâ–º 22, 1981 MOTION: Moved by Bentley, seconded by Edstrom, to approve the minutes of the Special Council Meeting held Thursday, January 22, 1981. Motion carried unanimously. B. Regular Eden Prairie City Council meeting held Tuesday, February 3, 1981 Page 5, para. 1: add: "and to report back on March 3rd. " after "law"'on line 3; page 7, last para, add as last sentences: "Bentley asked whether or not this Agreement changes the status of any of the homeowners in the Anderson Lake Park site. Staff said it remains unchanged. "; p. 8. para. 1, line 6: "if" should be "is". MOTION; Moved by Edstrom, seconded by Tangen, to approve the minutes of the February 3, 1981 Council meeting as amended and published. Motion carried unanimously. x City Council Minutes -2- February 17, 1981 C. Special Eden Prairie City Council meeting held Wednesday, February 11, 1981 MOTION: Bentley moved, seconded by Edstrom, to approve the minutes of the February 11, 1981 Special City Council meeting. Motion carried unanimously. III. CONSENT CALENDAR A. Request to set Public Hearing for March 17 1981 for Municipal Industrial Development Bonds in the amount of $350,000.00 for S. & D. Properties B. 2nd Readinq of Ordinance No. 80-30 rezoning 2 acres from Rural to Office for an office buildin or Sin le Tree Office by Will s Holmquist and developers agreement C. Policy on Park Facility Reservations D. Resolution No 81-42, approving the final plat for Menard' s Addition Replat E. 1st Reading of Ordinance No. 81-05 amending Ordinance No. 248 ado tin 1979 State Building Code formerly VII.B. F. Resolution No. 81-38 final approval for Municipal Industrial Development Bor:ds in the amount of 970 000.00 for Minnesota Industrial Tool Richard W. Cohen formerly VII. C. G. Consider bids for water supply wells Contract No. 1, I. C. 51-354 (Reno- lution No. 81-39) (formerly VIII. F. 1. H. Receive feasibility report and set hearinq date for street improvements on Hilltop Road, I. C. 51-380 Resolution No. 81-41 formerly VIII . F. 2 MOTION: Tangen moved, seconded by Edstrom, to approve items A - H on the . Consent Calendar. Roll call vote: Bentley, Edstrom, Tangen, and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS 6 , A. Condemnation of Diseased Elm Trees marked in 1980 (Resolution No. 81-37) Stuart Fox, City Forester, stated that he has an updated list as some home- owners have taken care of the removal of their trees and others will do so to avoid going through the bid process. Mike Carmody, 8595 Mitchell Road, asked for more time to remove his diseased trees as he has a considerable number of them. Fox said that the bids are based on the number of trees to be cut down on a given property and that this is the number on which the assessment 'is based. He also noted that the use of elm for firewood is prohibited unless it is debarked. MOTION: Bentley moved, seconded by Tangen, to close the public hearing and to adopt Resolution No. 81-37. Motion carried unanimously. r { r City Council Minutes -3- February 17, 1981 B. MTS MCC Industrial Campus by MTS Systems Corporation and Magnetic Controls j Company. Request for PUD Concept approval of industrial and commercial uses upon 158 acres. Located southeast of Mitchell Road and TH 5. (Resolution 4 No. 81-35) John Worrell of Brauer and Associates presented the proposal on behalf of j MTS and MCC. t Planning Director Enger said that the Planning Commission had reviewed the proposal at its January 12, 1981 meeting and had voted 5-0 to recommend approval to the City Council of the PUD concept request subject to the recommendations of the January 9, 1981 Staff Report. q Community Services Director Lambert stated that the Parks, Recreation and Natural Resources Commission had voted to approve the concept PUD plan at its January 19, 1981 meeting with the addition of an amendment to insure a trail easement north of West 78th Street to TH 5. Bentley asked what portion of West 78th Street would be built by MTS/MCC? Worrel replied that it would be that portion which falls within their property boundaries, not the entire connection to the present TH5/West 78th Street junction. They would petition the City to have it built and assessed against the property owners. Paul Strand, MTS, and Frank Kiesner, MCC, spoke about the space needs of their respective companies in the next two !:o five years. Edstrom asked how firm the Highway 212 corridor shown on the map is. Enger responded that the most recent " Scoping Document" shows the one on the map as one of several alternatives. Discussion centered on the effects of the 212 corridor on this property. Mayor Penzel stated that the Council has always taken action whereby the 212 corridor is maintained as it has been felt that it is in the best interest of the community to provide for a 212 corridor. Bentley noted that the 212 Highway is on again, off again and now we have strong commitments by companies within the community and yet no firm decision by the State Highway Department as to just where the corridor will go. Edstrom said that if it were not for the Highway,it is a wonderful plan . Vicky Koenig, 7239 Topview Road, asked that the wetland and pond areas be saved. Edstrom suggested that representatives of the State Highway Department and Metropolitan Council be invited to the -March 3, 1981 meeting to discuss the Highway 212 issue, and to let them hear what the problems are. MOTION: Bentley moved, seconded by Edstrom, to continue the public hearing to March 3, 1981 at which time representatives from the State Highway Depart- ment and the Metropolitan Council will be invited to attend to discuss the Highway 212 corridor. Motion carried unanimously. . I City Council Minutes -4- February 17, 1981 C. Eden Glen by Jesco, Inc. Request for PUD Concept approval of commercial and office uses upon 15 acres . Located between Eden Road and Single Tree Lane, West of US 169/212. (Resolution No. 81-36) John Shardlow of H. Dahlgren and Associates presented the proposal on behalf of Jesco, Inc. He introduced Ralph Werner and Joe Quinlan from Jesco, Inc. and Paul Blais, landscape architect with Dahlgren and Associates. Planning Director Enger stated that the Planning Commission voted 5-0 to approve the PUD concept plan at its January 12,1981 meeting subject to the recommendations of the Staff Report dated January 9, 1981 and with the addition that the internal service road be completed prior to occupancy of any of the buildings. He also noted that in checking with the Department of Natural Resources they have found that Lake Idlewild is not shoreland so it does not come within the Shoreland Management Ordinance; and that recommendation should be stricken from the Staff Report. . Community Services Director Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this on February 2, 1981 and expressed a great amount of concern about preserving the oak trees in the northwest corner of the PUD -- to the extent that they suggested a bond be posted to cover the replacement of such trees. The Parks, Recreation & Natural Resources Commission voted unanimously to approve the Eden Glen PUD con- cept in accordance with Staff recommendations. Edstrom questioned the feasibility of signalized intersections at close intervals along TH 169 between West 78th Street/494 and Singletree Lane. City Engineer Jullie said it is a matter of dollars and that several inter- sections could be signalized if the money were available. Bentley was concerned about the amount of fill which has been dumped on the site over the past year. Jullie explained that the initial grading which occured was done without a City permit, but that now a permit is in effect and the grading and filling is now legal . The question of a corridor of fast food restaurants was raised by Council- man Bentley. Planning Director Enger reviewed the classes of restaurants and pointed out that there are already other uses in the area so it would be less than likely that the strip effect would occur. MOTION: Edstrom moved, seconded by Bentley, to close the public hearing and to adopt Resolution No. 81-36, approving the request for PUD Concept. approval of commercial and-office uses upon 15 acres. Motion carried unan- imously. 0. Vacating a portion of Plaza Drive (Resolution No. 81-40) City Engineer Jullie spoke to the proposal . MOTION: Moved by Bentley, seconded by Tangen, to close the public hearing and to adopt Resolution No. 81-40, vacating a portion of Plaza Drive and re- lated drainage and utility easements in the Menard Addition. Motion carried unanimously. City Council Minutes -5- February 17, 1981 g V. PAYMENT OF CLAIMS NOS. 5164 - 5359 MOTION: Tangen moved, seconded by Bentley, to approve the Payment of Claims Nos. 5164 - 5359. Roll call vote: Bentley, Edstrom, Tangen and Penzel voted "aye". Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS A. TH 169/212 Task Force - Representative of the TH 169/212 Task Force and representative from the. Metropolitan Council to present official TH 212 w map for adoption by City Council . No representatives were present. Item continued. VII . ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 80-27, Park Use Ordinance (Con 't. 2/3/81) r 9 Mayor Penzel explained that this item had been delayed due to the "Happenings" arriving late. Vicky Koenig, 7239 Topview Road, requested that Sec. 4, Item E. be amended to read "It is illegal to kill , trap, pursue, capture or remove any wildlife except as authorized by permit" . The reason for this amend- ment is to prevent use of the leg hold trap. Director of Community Services Lambert explained a leg hold trap. The concensus was that this would be best handled by way of a Resolution. MOTION: Tangen moved, seconded by Edstrom, to give 1st reading of Ordinance No. 80-27, Park Use Ordinance. Motion carried unanimously. MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-43, stating the City Councils opposition to the use of leg hold traps. Motion carried unanimously. B. 1st Reading of Ordinance No. 81-05 amending Ordinance No. 248 adopting 1979 State Building Code - moved to Consent Calendar as item Ill . E. C. Resolution No. 81-38 final a eroval for Municipal Industrial. Development Bonds in the amount of $970,000.00or Minnesota Industrial Too Richard W. Cohen) - moved to Consent Calendar as item 111 . F. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Mayor Penzel brought Council members up to date on the two late resumes. It was agreed not to consider #89 or #90 because their resumes arrived after the cut off date. Penzel stated that he has contacted the remaining candidates and arrangements are now underway to have them come to Eden Prairie for personal interviews. I City Council Minutes -6- February 17, 1981 1. Appointments a) Board of Appeals & Adjustments - 1 representative to serve a three year term commencing 3 1 81 The names of Bruce Brill , Louis Levine, and Richard Lynch were placed into nomination. Upon tabulation of ballots, Richard Lynch was selected to serve on the Board of Appeals & Adjustments. MOTION: Tangen moved, seconded by Edstrom, to cast a unanimous ballot for the appointment of Richard Lynch to the Board of Appeals & Adjustments. Motion carried unanimously. b) Building Code Board of Ageeals - 1 representative to serve a three year term commencing 3 1/81, and 1 representative to fill an un- expired term to 2/28/82 MOTION: Moved by Edstrom, seconded by Bentley, to appoint Donald W. Hadd to the three year term and Ralph W. Werner to the unexpired term on the Building Code Board of Appeals. Motion carried unanimously. w, c) Development Commission - 2 representatives to serve three year terms commencing 3 1 1 MOTION: Eentley moved, seconded by Edstrom, to appoint Roy Terwilliger and Bill Behrenbrinker to the Development Commission. Motion carried unanimously. d) Flying Cloud Airport Advisory Commission of Eden Prairie - 3 represent- atives to serve three year terms commencing 3 1 1 1 from the Flying Cloud Businessmen' s Association, 1 from the Metropolitan Airports Commission, and 1 citizen of Eden Prairie) MOTION: Edstrom moved, seconded by Bentley, to appoint Larry Definer to a three year term representing Flying Cloud Businessmen's Association, x Claude Schmidt to a three year term representing Metropolitan Airports Commission, and F. E. Shafer to a three year term as a citizen of Eden Prairie. Motion carried unanimously. e) Historical & Cultural Commission 2 representatives to serve three year ' terms commencing 3 1 8 MOTION: Edstrom moved, seconded by Tangen, to appoint Helen Richter and William John Plac:ko to the Historical & Cultural Commission. Motion carried unanimously. f) Human Rights & Services Commission - 2 representatives to serve three year terms commencing 1 and 1 representative to serve an unexpired term to 2/28/83 MOTION: It was moved by Edstrom, seconded by Bentley, to appoint Marcia Lockman and Larry Simenson to three years terms on the Human ' Rights & Services Commission. Motion carried unanimously. City Council Minutes -7- February 17, 1981 The names of Mary Beth Buckman and Fred Baumann were placed in f nomination for the unexpired term on the Human Rights & Services Commission. Upon tabulation of ballots, Fred Baumann was selected to serve on the Human Rights & Services Commission. MOTION: Edstrom moved, seconded by Bentley, to cast a unanimous ballot for the appointment of Fred Baumann to the Human Rights & Services Commission. Motion carried unanimously. a g) Parks, Recreation & Natural Resources Commission - 2 representatives to serve three year terms commencing 3 1 1 The names of Jeanette Mika, Marge Friederichs, Philip Parsons, Allen Upton, Jesse Schwartz, Jr. , and Mary Beth Buckman were placed in nom- ination. Upon tabulation of ballots, Marge Friederichs and Jesse Schwartz, Jr. were selected to serve on the Parks , Recreation & Natural Resources Commission. MOTION: Moved by Edstrom, seconded by Bentley, to cast a unanimous ballot for the appointment of Marge Friederichs and Jesse Schwartz,Jr. to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. Ch) Planning Commission - 2 representatives to serve three year terms commencing 3 1 81 MOTION: Tangen moved, seconded by Edstrom, to cast a unanimous ballot for the appointment of Matthew Levitt and Virginia Gartner to the Planning Commission. Motion carried unanimously. B. Report of City Attorney There was no report. C. Report of Acting City Manager 1. Utility connection at 15500 North Eden Drive Acting City Manager Frane explained the situation and the procedure the City is following in expediting the matter. MOTION: Moved by Tangen, seconded by Edstrom, to order the connection to be made to the city sewer at 15500 North Eden Drive and to instruct the Staff develop an assessment schedule. Roll call vote: Bentley, Edstrom, Tangen, and Penzel voted "aye". Motion carried unanimously. City Council Minutes -8- February 17, 1981 D. Report of Planning Director 1. Report on Metropolitan Council 's review of Eden Prairie's Guide Plan `5 Planning Director Enger referred to the memo of February 12, 1981 regarding this matter. The changes which would be required for our plan to be in conformance with theirs appear to be changes with which we can live, and fall into the areas of transportation, sewers, the airport, the MUSA line and the housing plan. Director of Community Services Lambert explained the mandatory change required by the Metropolitan Council in the area of parks: "Riley Lake Park must be classified as a regional park, and references to the tital acreage of the park must be corrected to 204 acres. " Lambert explained that the City has 60 days to appeal the modification, the deadline being March 23, 1981. If Eden Prairie does not appeal this modification, the law requires the adoption of the plan with required modification within nine months of the completion of the Metropolitan Council 's review. MOTION: Bentley moved, seconded by Tangen, to begin proceedings to appeal the modification being required by the Metropolitan Council re- garding the classification of Riley Lake Park including the preparation of necessary information and appearing before the necessary bodies. Motion carried unanimously. MOTION: Moved by Bentley, seconded by Edstrom, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. 2. City Hall Master Plan Planning Director Enger spoke to his memo of February 12, 1981 regarding the scope of professional services necessary for evaluating City Hall , Public Safety, and the Public Water building. MOTION: Edstrom moved, seconded by Tangen, to authorize Staff to draw up a detailed "Request for Proposal " and solicit quotes; services for which shall not exceed $10,000. Roll call vote: Bentley, Edstrom, Tangen and Penzel voted "eye". Motion carried unanimously. 3. Amendment to Menard's Developer' s Agreement Planning Director Enger explained the situation regarding the Menard request that they be allowed 5 years to either complete the retail stores as originally proposed or brick the northeast wall as required by the Development Agreement and Ordinance #135. MOTION: Moved by Edstrom, seconded by Bentley, to amend item #10 of the Menard, Inc. Development Agreement giving them 5 years in which to complete the retail stores or brick the northeast wall as originally proposed in the December 5, 1978 Development Agreement; and that a bond in the amount of 150% of the projected cost be posted. Motion carried unanimously. City Council Minutes -9- February 17, 1981 f E. Rp2rt of Director of Community Services 'l 1. Award bid for Round Lake Park Shelter Community Services Director Lambert explained that the estimated cost of the Round Lake Park Shelter was considerably lower than the bids which were opened on February 13, 1981. The question now is whether to make further cuts in the building as it is presently designed or to send it back to the architect and have him redesign it as a stick built building. City Attorney Rosow stated that the changes which Lambert had discussed with the low bidder, Robert 0. Westlund, are substantial enough to re- quire rebidding the project. Gary Nyberg, Smiley Glotter Associates. answered questions about the various design aspects. MOTION: Edstrom moved, seconded by Bentley, to continue this item to the March 3, 1981 meeting. Motion carried unanimously. F. Report of City Engineer 1. Consider bids for water suppl.X well Contract No. 1 E. C.51-354 (Resolution No. 1-39 - moved to Consent Calendar as item ITT. G. 2. Receive feasibilit report and set hearing date for street iml2rovements on Hilltop Road, I. C. 0 (Resolution No. 81-41) - moved to Consent Calendar as item III. H. IX. NEW BUSINESS 1. Athena Awards This annual dinner honoring outstanding girl athletes will be held at the Bloomington Marriott Hotel on April 9th. The Council has been asked to send a representative. Paul Redpath was selected to represent the Council at this dinner. X. ADJOURNMENT MOTION: Moved by Tangen, seconded by Bentley,to adjourn the meeting at 11:43 p.m. Motion carried unanimously.