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City Council - 03/17/1981 4PPR0VED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 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, City Engineer Carl Jullie, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: All members present I . A_PPROYAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III . Consent Calendar H. 2. Mn/DOT utility installation agreement No. 60330 in con 'unct►on with ro osed improvements at TH 169/County Rd. 1 intersection (Resolution No. 81-65 ; Presentation by the Rotas - to follow Item I ; and VIII . C. 1. Approval of ids for fixtures for liquor store. The following items were removed from the regular Agenda and placed on the Consent Calendar: L. Receive feasibility re ort for improvements on Bennett Place, I .C. 51-375 (Resolution No. 81-59 - formerly VIII . E. I. ; and M. Aperove Hennepin County preliminaU plans for improvements on Co. Rd. 4 at ValTe—v View Road, I .C. 51-32 (Resolution No. 81-60 - formerly VIII . E. 2. The following item was removed from the Consent Calendar and added to the Report of City Attorney: VIII . B. 1. Revision to Eden Prairie Com rehensive Guide Plan Review - formerly 111. U.- MOTION: Moved by Redpath, seconded by Bentley, to approve the agenda as amended and published. Motion carried unanimously. PRESENTATION BY ROTARY Tim Pierce, President of the Rotary Club of Eden Prairie, presented a check for $2,000 to the City. This represented the second of three installments. towards the purchase of a van used for transporting Senior Citizens. Mayor Penzel accepted the check on behalf of the City; explained how volunteer drivers use the van to transport Senior Citizens; and thanked the Rotary Club for their contribution. City Council Minutes -2- March 17, 1981 II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 3, 1981 Page 2, item IV. B. , line 1 of Motion: change "terminate action on" to "withdraw". Page 4, para. 2, line 1: change "as" to "so much"; line 2: . add "concerned" between "were" and "with". Page 8, para. 1, line 5: "tiers" should be "tires". MOTION: Moved by Edstrom, seconded by Redpath, to approve the minutes of the March 3, 1981 Council meeting as amended and published. Motion carried unanimously. III . CONSENT CALENDAR A. 2nd Reading of Ordinance No. 81-03 rezonin 5 acres to R1-13.5 and 2.5 acres to RM 6.5 for Basswood Terrace by The Preserve and deve oper's agreement i B. Final plat approval for Basswood Terrace (Resolution No. 81-62) C. 2nd Reading of Ordinance 81-06 rezoning the 25' of Outlot R, Lake Eden, p Preserve 3rd Addition by The Preserve, from Rural to RM 6.5 D. Set Public Hearing date for Valley Place Offices by C.S.J . Development for April 7, 1981 E. Approve plans and specifications and order bids for pedestrian brid e over Valley View Road at Round Lake Park, I.C. 51-325 III Reso ution No. 81-57 t F. Stipulation agreement with Chicago/Milwaukee Railroad Co. for new Valle View Road at-grade crossing, I. C. 51-325 (Resolution 81-58 G. Revision to Eden Prairie Comprehensive Guide Plan Review - to VIII . B. 1. H. 1 . Mn DOT Traffic Control Si nal Agreement No. 60070 for TH 169 Co. Rd. 1 intersection (Resolution No. 81-63 2. Mn/DOT uti7ity installation agreement No. 60330 in conjunction withpro- posed improvements at TH 1691Co. Rd.--I intersection (Resolution No. 81-65) I . Approve plans and specifications and order bids for utilit im rovements on Luther Way, Meadow Lane an RoundLake Park, .C. 51-39 (Resolution No. 81-64 J . Clerk's License List K. Continue request from Bev Cronk on review of new Housing Moving Ordinance No. 79-34 to April 7, 1981 L. Receive feasibility report for improvements on Bennett Place I.C. 51-375 (Resolution No. 81-59) M. Approve Hennepin County preliminaU_elans for improvements on Co. Rd. 4 at Valley View Road, I .C. 51-325 IV (Resolution No. 81-60 City Council Minutes -3- March 17, 1981 MOTION: Moved by Tangen, seconded by Redpath, to approve items A - M on the Consent Calendar as amended. Motion carried unanimously.. IV. PUBLIC HEARINGS A. Rezoning of properties back into Plan Study. Located in the Southeast, Northeast and Southwest quadrants of Co. Rd. 4 and TH 5 (Ordinance No. 81-07) Planning Director Enger explained that this rezoning was instituted by City because these properties are inconsistent with the Guide Plan. On March 9, 1981, the Planning Commission recommended placing these properties into Plan Study for the period of one year. MOTION: Moved by Redpath, seconded by Bentley, to close the public hearing and to give 1st Reading to Ordinance No. 81-07, rezoning of properties back into Plan Study. Motion carried unanimously. B . Street and drainage improvements on Hilltop ' Road I.C. 51-380 (Reso- lution No. 81-55 City Engineer Jullie explained the proposed street and drainage improve- ments on Hilltop Road and gave the construction costs and assessment data. The proposed improvement would include grading of the existing road and placing a 4" gravel base and a 2" bituminous surface 24' wide with sodding and topsoil as required to restore adjacent boulevard areas. The proposed street section is interim and does not include concrete curb and gutter because sanitary sewer and water services are not available for extension to the area at this time. The drainage area of the project includes approx- imately 23 acres. The project was initiated at the request of the neighbors via a petition to the Council in June 1980. Other alternatives are possible which would not be as extensive as the proposed project. Edstrom asked when sewer and water might be available to residents of this area. Jullie stated that it would probably be 1990 with the earliest being three years or so with a lift station. John Hansen, 16200 Hilltop Road, stated he was the originator of the petition and was surprised to see the projected cost. He expressed views of the neigh- borhood residents with the consensus being a lesser project should be looked int. Bill Barth, 16481 Hilltop Road, said that the neighbors are in the process of petitioning for natural gas which would mean that the road would have to be torn up if their request is granted. He also indicated that the project is beyond the scope the neighbors had expected. Paul Sylvander, 16451 Hilltop Road, expressed concern about putting in a new road before sewer and water connections are made available. Wayne Enquist, 6675 - 175th Avenue, owns a vacant lot and had not anticipated the expense of the proposed project in the cost of the home he wishes to build in about two years. City Council Minutes -4- March 17, 1981 x r M. Rivkin, 16555 Hilltop Road, (husband of Shirley Schenck) spoke to the drainage problem. He said that it is his belief that the problem could be corrected by extending the present drainage pipe down to the creek. Mayor Penzel read a letter from Mr. and Mrs. Donald Schiebe, 16150 Hilltop Road, which urged the Council not to approve the project. (see attached) Ken Grover, 16050 Hilltop Road, questioned whether objecting- to the proposal precludes any improvement. Penzel explained that the Council has taken no action and will not do so until other options are presented. Ray Brasch, 16400 Hilltop Road, said that he would have problems getting in and out of his driveway should Hilltop Road be hard-surfaced. MOTION: Edstrom moved, seconded by Tangen, to continue the hearing to April 21, 1981, to allow Staff to consider alternatives including the cost of extending existing pipe, seal coating, and paving. Motion carried unanimously. 7 Bill Rietherman, 16401 Hilltop Road, spoke to the drainage issue, and stated that the percolation rate in the area .s excellent. C. Request for Municipal Industrial Development Bond approval in the amount of $350,000 for S & D Properties (Resolution No. 81-56 Acting City Manager Frane explained all documents have been submitted and are in order. Ken Norwich, bond counsel with Miller & Schroeder, spoke to the proposal and answered questions of Council members. Jerome J. Schwab, one of the principals, was also available to answer questions. MOTION: Moved by Edstrom, seconded by Redpath, to close the public hearing and to adopt Resolution No. 81-56, granting the request for Municipal Indus- trail Development Bonds in the amount of $350,000 for S & D Properties. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 5574 - 5788 MOTION: Bentley moved, seconded by Tangen, to approve Payment of Claims Nos. 5574 - 5788. Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye" on all claims. Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS A. Hwy. 169-212 Task Force - discussion on the official Hwy. 169/212 map. Sidney Pauly, Task Force member, introduced: Patrick Murphy, Carver County Director of Public Works and Task Force member; Ghaleb Abdul- Rahman, Staff person, Metropolitan Council ; Don Peterson, resident of Eden Prairie and Task Force member; William Crawford, Mn/DOT District V Engineer; and R.H. Paine, Mn/DOT District V Project Manager. City Council Minutes -5- March 17, 1981 Murphy explained the history of the 169/212 Task Force and what the procedure will be from this point on. He said that this is only the first step in defining the corridor. The 'Scoping Report' , completed in early 1980, documents the process the Citizen' s Advisory Committee went through. The Task Force is seeking to narrow down the alignment to, they hope, one of the lines shown on the map. Decisions on this will be made via Public Hearings held by the City Council 's in each of the cities and this will be done in a few months. Abdul-Rahman described the role of the Metropolitan Council in the process. He also spoke about a bill which has been introduced by Rep. Schreiber which would assist municipalities in purchasing right-of-way which has been desig- nated necessary by the State Highway Department, but for which they do not have funds. These funds would be administered by the Metropolitan Council and the legislation would only apply to the 7-County Metropolitan Area. The State would then have five years in which to purchase the land from the munici- pality. If this right were not exercised, the municipality could then sell the right-of-way at the current market rate and return the money to the Metro- oolitan Council . Bentley asked if this would, in effect, give the Metropolitan Council taxing authority. Abdul-Rahman said it would give them .005 mill . Crawford said that the time has come to either protect the corridor or forget the project. While commitments cannot be made for a large project, scaling it down to a two lane highway with right-of-way for four lanes with at grade crossings would make it feasible. We should attempt to get what we can now as we are competing state-wide for federal aid primary dollars. Peterson explained that the "System D" corridor has been the adopted route since 1968. The right-of-way through this area would be relatively inexpensive to acquire -- especially west of County Road 4 where much of the land is un- developed. He spoke of the impact on the residential area and school of the routes which would follow the Highway 5 alignment to the Chicago and Northwester railroad and then proceed south. Mrs. Pauly stated that the committee appeared before the School Board and that the Board seemed to prefer the "System D" route. Murphy said that it is hoped Public Hearings can be held by the Task Force in early Fall . Penzel asked Crawford which alignment would be easier to accomplish from the standpoint of corridor preservation and .the environment. Crawford said the School A3dition option would be the one he would recommend as the one which would be easier to obtain. Penzel questioned whether or not Highway 5 would be upgraded pending the construction of a new 212. Crawford said that Highway 5 would not be more that a high-type urban arterial -- eventually 4-lane divided highway with right and left turn lanes . It cannot be developed into a divided expressway or freeway. City Council Minutes -6- March 17, 1981 Bentley questioned what would be accomplished by a 2-lane Highway 212. Crawford stated that a 2-lane 212 would get heavy truck traffic off of Highway 5. Also, if the right-of-way were purchased for a 4-lane highway, that could be built at some future date. Peterson explained that the homeowners in School Addition preferred the alignment following the Industrial route along Highway 5. William Sando, District 16 Representative on the Metropolitan Council , stated that he supports the Schreiber bill which Abdul-Rahman addressed. Tangen expressed concern about the spaghetti bowl effect and the environmental impact on the eastern most portion of the route -- that in the Purgatory Creek area/Schooner Boulevard area. After discussion the consensus was that there would be less of an environmental impact on the eastern end if the Industrial or Residential route were followed. Vicki Koenig, 7239 Topview Road, addressed the environmental impact on the Purgatory Creek area and expressed her concerns in this regard. Frank Kiesner, Magnetic Controls' representative, said he felt there were two main issues -- 1) which corridor is best? This issue takes into account ecological issues and cost issues . 2) should the Council preserve a corridor? This involves the cost of preserving a corridor -- the loss of industry and jobs. Mrs. Pauly stated that there are 5 - 6 fatalities each year on Highway 5 and on Highway 169. At one time the City was paying $40,000 a year in man-hours spent by Public Safety on accidents. Dean Scheff, Chairman and Founder of CPT, spoke to the proposed right-of-way and his concerns. i John Houston, Red Rock Hills Developer, would like to see a corridor pinned down. Tangen stated that he would not be at the April 7, 1981, Council Meeting and wished to go on record as being against any proposal which would not allow the expansion and/or development of CPT, MTS, and MCC. Edstrom asked to hear from interested parties prior to the April 7th meeting. MOTION: Bentley moved, seconded by Redpath, to have the Staff compile the pros and cons of the two proposed alternatives between the existing 4-lane section of County Road 5 and County Road 4 - the impact both from the stand- point of cost and potential uses of the land, the environmental impact; the staging as far as an interim improvement might be accomplished by the State; & the legal implications of the Schreiber bill . This information to be available for the April 7, 1981 , City Council meeting. Motion carried unanimously. a City Council Minutes -7- March 17, 1981 VI I . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from M. C. Carmody of T.G.C. Development Corp. , to withdraw Deer 'Creek Addition preliminary plat and 1st Reading of Ordinance No. 80-19 't given on August 5, 1980, and request for additional units to be served from Mitchell Road alone. Mike Carmody, T.G.C. Corporation, spoke to the request to withdraw the original proposal so that a new proposal might be presented in the near future. Discussion centered on the construction of Anderson Lakes Parkway within the proposed development. MOTION: Moved by Redpath, seconded by Edstrom, to accept the proponents withdrawal of the preliminary plat and 1st Reading of Ordinance No. 80-19 and agreed that future development would included the provision for Ander- son Lakes Parkway within the boundaries of the proposal . Motion carried unanimously. Bentley acid Penzel requested that Staff prepare a Status Report of pro- perties between Anderson Lakes Parkway and Scenic Heights Road and a time table as to when Mitchell Road might have to be upgraded north of Scenic Heights Road. This report to be available for the April 7, 1981, meeting. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of Council Members Edstrom called attention to an April 1, 1981, meeting of the Waste Management Board Hazardous Waste Citizen's Meeting to be held at 8 P.M. at Minnetonka City Hall . Gene Schuman, George Bentley, and Dean Edstrom will attend the meeting. Edstrom advised the Council that he will be late for the April 7, 1981, Council Meeting. Penzel called attention to the Special Council Meeting which will be e d on March 23, 1981, at which time local candidates for City Manager will be re-interviewed. B. Report of City Attorney Rick Rosow spoke to the Metropolitan Council 's request to have Riley Lake Park designated a Regional Park. MOTION: Tangen moved, seconded by Bentley, to request the Metropolitan Council to adjust its Systems Park Plan to delete Riley Lake from the Regional Park System. Motion carried with Redpath voting "no". City Council Minutes -8- March 17, 1981 C. Report of Acting City Manager 1. Approval of bids for fixtures for liquor store Acting City Manager Frane recommended the approval of Display Fix- ture's bid of $33,253 for coolers, shelving and miscellaneous fix- tures for the liquor store at the Preserve Village Center. MOTION: Edstrom moved, seconded by Redpath, to accept Display Fix- ture's bid of $33,253 for coolers, shelving, and miscellaneous fix- turps for the Preserve Village Center liquor store. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. P Acting City Manager Frane explained that Minnesota Cash Register is the only supplier which has cash registers which are compatible with our present computer system. In order to integrate the cash registers with the computer system for inventory control and reporting purposes it is recommended to accept their quote of $5,454 for each cash register. MOTION: Moved by Bentley, seconded by Tangen, to accept the quote of Minnesota Cash Register of $5,454 for each of two cash registers for the liquor store at the Preserve Village Center. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye Motion carried unanimously. t P , D. Report of Planning Director 1. Section 8 Existing Rent Assistance Program y ' MOTION: Moved by Redpath, seconded by Bentley, to adopt Resolution No. 81-67, authorizing the Metropolitan Council to apply for Housing Assistance Funds for implementation within the City of Eden Prairie. Motion carried unanimously. E. Report of City Engineer 1. Receive feasibility report for improvements on Bennett Place I.C. 51-375 (Resolution No. 81-59 - moved to consent Calendar as item III .L. 2. Approve Hennepin County preliminaryplans for improvements on Co. Rd. 4 at Valley View Road, I .C. 51-325 IV (Resolution No. 81-60 - move to Consent Calendar as item Iff_. K. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Moved by Redpath, seconded by Edstrom, to adjourn the meeting at 10:59 p.m. Motion carried unanimously.