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City Council - 04/21/1981 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 21, 1981 7:30 P.M. , CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF PRESENT: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning. Director Chris Enger, Director of Community Services Bob Lambert, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present Mayor Fenzel read a Proclamation wishing City Attorney Roger Pauly a Happy 50th Birthday and invited those present to have a piece of birthday cake when a recess is called. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Redpath moved, seconded by Bentley, to approve the agenda as published. Motion carried unanimously. II . MINUTES FROM REGULAR CITY COUNCIL MEETING HELD TUESDAY, APRIL 7, 1981 Add the following sentence to VIII . D. 1. on page 7, immediately following "(Continued from 3/17/81)" "[This item was taken out of Agenda sequence, therefore Councilman Edstrom was not present for the discussion/action on this item.]" Page 10, under IX . NEW BUSINESS , para. 2, line 1 , change "has been" to "is being" . MOTION: Moved by Redpath, seconded by Edstrom, to approve the minutes of the April 7, 1981, Council meeting as amended and published. Motion carried with Tangen abstaining. III . CONSENT CALENDAR A. Approve plans and s ecifications and order bids for drainage outlet for Lake Id ewi T .C. 51-385 (Resolution No. 81-83 B. Approve plans and specifications and order bids for street and utilit improvements on W. 70th Street west of Shady Oak Road, I .C. 51-344C (Resolution No. 81-84 C. Clerk 's License List D. Final Plat approval for Preserve Center 3rd Addition (Resolution No. 81-88) a City Council Minutes -2- April 21 , 1981 l E. Arbor Day/Month Resolution (Resolution No. 81-78) MOTION: Moved by Tangen, seconded by Edstrom, to approve items A - E on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Street and drainage improvements on Hilltop Road, I .C. 51-380 Resolution No. 81-55 Continued from 3/17/81 City Manager Jullie spoke to his memo of April 16, 1981, in which three alternates were described. This information along with cost estimates was sent to all property owners on Hilltop Road. Ken Grover, 16050 Hilltop Road, said that residents in the area are petitioning Minnegasco for natural gas. Jim Nelson, 16360 Hilltop Road, asked how long a 2" bituminous mat would last. Jullie responded about five years. Shirley (Schenck) Rivkin, 16555 Hilltop Road, expressed a desire to have the whole project done or nothing at all . She is willing to wait until gas, sewer and water are installed before the road is upgraded and the drainage improved. Marty Jessen, 16101 Hilltop Road, spoke to the storm drainage assessment. He wondered if it could be paid for out of the general fund since it is, i in his opinion, a maintenance problem rather than an improvement. Jullie further explained the proposed assessment method for the drainage improvements. Leon Kruse, 9250 Eden Prairie Road, asked whether he would be credited for the amount he has already been assessed for ;mprovements on Eden Prairie Road. Jullie said he would but that those matters would be taken up at an assessment hearing when final costs are known. Bill Barth, 16481 Hilltop Road, wondered how maintenance is now handled. He also stated that he is not in favor of any of the project at this time. Marty Jessen stated that he favors the street improvements. • Jeff Kakach, 16480 Hilltop Road, said he favors the street improvement in combination with the drainage improvement. Roy Brasch, 16400 Hilltop Road, is not in favor of the project because of the possibility of gas, sewer and water coming in the near future. A. L. Nelson, 16300 Hilltop Road, is not in favor of the bituminous mat, but would favor the seal coating alternative. M City Council Minutes -3- April 21, 1981 Ken Grover asked when the project would be completed. Julli.e responded C by the end of May, but the project would be timed around other projects, i .e. gas, if need be. Mike Clarke, 16290 Hilltop Road, favors Alternate 1 which is the paver laid mat. MOTION: Moved by Redpath, seconded by Tangen , to close the Public Hearing and to adopt Resolution No. 81-55, ordering street and drainage improvements on Hilltop Road west of Eden Prairie Road as per City Manager Jullie's recom- mendations calling for Alternates 1 and 3. Motion carried unanimously. (A letter from John & Caryl Hansen regarding the above project is attached to the minutes . ) B. Street and utility rovements on Bennett Place, south of Co. Rd. 1, I.G. 51-375. (Resolution No. 81-81) an (Resolution No. 81-90 City Manager Jullie spoke to the proposal which includes street and utility improvements on Bennett Place. Stuart Finney, attorney for Michael Sutton of 11341 Pioneer Trail , expressed concern on the assessment method. He also said there is a storm water run-off problem in that run-off from Olympic Hills Golf Course flows into the area south of County Road 1. His client { would like to see a follow up done on this. MOTION: Redpath moved, seconded by Edstrom, to close Che Public Hearing and to adopt Resolution 81-81, ordering street and utility improvements on Bennett Place, south of Co. Rd. 1. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-90, authorizing and directing the acquisition of certain lands by eminent domain. Motion carried unanimously. C. Co. Rd. 4/TH 5 Plan Study. Rezoning of properties in the northeast, south- east, and southwest quadrants of Co. Rd. 4/TH 5 back into Plan Study District for 1 (one) year. (Ordinance No. 81-07) Planning Director Enger spoke to the proposal and called attention to the letter from Herb Mason of M.B. Hagen Realty Company dated April 20, 1981. Joe Lawler, 7621 Ontario . Boulevard, wondered what the Plan Study designa- tion means. This was reviewed. MOTION: Moved by Redpath, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 81-07, rezoning properties in the northeast, southeast, and southwest quadrants of Co. Rd. 4/TH 5 back into Planned Study. Motion carried unanimously. k M w City Council Minutes -4- April 21 , 1981 V. PAYMENT OF CLAIMS NOS. 6016 - 6234 MOTION: Moved by Redpath, seconded by Bentley, to approve Payment of Claims No. 6016 - 6234. Roll call vote: Bentley, Edstrom, Redpath, Tangen, a and Penzel voted "aye". Motion carried unanimously. VI . REPORTS ADVISORY MMISSIONS 0 TS OF ADVISO CO There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Portnoy' s Addition by Gerald Portno . Request to preliminary and final plat 5.62 acres to construct office/warehouse buildings. (Resolution No. 81-79 - preliminary plat; and Resolution No. 81-87 - final plat) Gerald Portnoy, developer, spoke to the proposal . Planning Director Enger stated the Planning Commission had reviewed the proposal at its April 13, 1981, meeting and had recommended approval by a vote of 5-0, subject to the recommendations in the April 9, 1981, Staff Report with the exclusion of "Recommendation 5". Bentley asked about drive-way connections. Enger said this will be evaluated further as plans are finalized. Bill Pearson, Prior Lake, questioned the road easement. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-79, approving the preliminary plat of Portnoy' s Addition. Motion carried unanimously. MOTION: Moved by Redpath, seconded by Edstrom, to adopt Resolution No. 81-87, approving final plat of Portnoy's Addition subject to the signing of the developer' s agreement. Motion carried unanimously. B. Request from John Kiwala and Wm. Hoa Lund for approval of a delicatessen as a minor supporting commercia use in Shady Oak Industrial Par Planning Director Enger explained the request for approval of a Deli in the Shady Oak Industrial Park. • Wm. Hoaglund, one of the proponents, spoke to the proposal . Discussion on the proposal as well as procedure followed. MOTION: Edstrom moved, seconded by Tangen, to refer this request to the Planning Commission. Motion was defeated, 2 - 3. MOTION: Moved by Redpath, seconded by Tangen, to approve a delicatessen as a minor supporting commercial use in Shady Oak Industrial Park. Motion carried unanimously. ------------- City Council Minutes -5- April 21, 1981 ff C. Consideration of change in site plan for Lakeri.dge Office Park in t, the Bryant lake Center Tom Ryan, Ryan Development, spoke to the request to provide a carport for 6 parking spaces in the Lakeridge Office Park. MOTION: Bentley moved, seconded by Tangen, to grant the request for a change in the site plan for Lakeridge Office Park. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Councilman Bentley - reported that Eden Prairie is not included in e—areas under consideration as sites for solid waste disposal . Mayor Penzel - 1) instruct Staff to look into screening of storage such as wood piles, recreational vehicles, etc. -- from a research standpoint with the ossibility of amending the subdivision or zoning ordinance; 2� instruct Staff to conduct a contest to design an Eden Prairie flag which would create a sense of community identity. B. Report of City Attorney 1. Red Rock Park (Resolution No. 81-89) MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 81-89, authorizing and directing the acquisition of certain lands by eminent domain. Motion carried unanimously. C. Report of City Manager 1. Resolution No. 81-80 callin a Public Hearing concerning designation of an Economic Development District and consideration of a DevelopMnt Plan and a Tax Increment-Financing an relating thereto MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-80, calling a Public Nearing concerning designation of an economic development district and consideration of a development plan and a tax increment financing plan relating thereto. Motion carried unanimously. 2, Consultant selection process City Manager Jullie explained that interviews acre being held on Tuesday, April 28, 1981, with recommendations to be made to the Council at its next meeting. City Council Minutes -6- April 21 , 1981 D. Report of Director of Community Services 1. 1. Purgatory Creek Recreation Plan Director of Community Services Lambert spoke to his memo of April 3, 1981, in which he outlined options and recommendations. :4. Vicky Koenig, 7239 Topview Road, presented a petition signed by residents supporting the "open space" land use designation in the Purgatory Creek floodplain. t Don Brauer, Brauer and Associates, stated reasons why landowners might be hesitant or unable to part with land for a recreation area. MOTION: Moved by Redpath, seconded by Bentley. to send the proposal back to Staff to develop alternatives for this particular area in cooperation with the landowners. Motion carried unanimously. 2. Capital Improvement Program- Parks Director of Community Services Lambert referred to his April 15, 1981 . memo regarding the Five Year Capital Improvement Program. Bentley asked what would happen if cash park fees were not paid or grants were not obtained. Lambert explained that the cash park fees included in the program are very conservative estimates. but if these were not received then cutbacks would be made. Priorities. are changed also as petitions come in and/or other needs have to be met. MOTION: Bentley moved, seconded by Redpath, to approve the Five Year Capital Improvement Programfor Parks. Motion carried unanimously. 3. Community Center Change Order Request Community Services Director Lambert explained the proposed requests for changes. Discussion centered on the cost of the change order to change the storage room to an office. MOTION: Tangen moved, seconded by Bentley, to approve the following a) change the storage room on the second floor to an office for the Athletic Coordinator at a cost of $958; b) extend utilities for possible future locker rooms adjacent to the hockey team locker room at a cost of $2,401; and c) to add the electrical rough-in for a pool scoreboard and timing pad system at a cost of $436. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously, L ' F City Council Minutes -7- April 21 , 1981 E. Report of City Engineer C 1. Street lighting request - Prairie Business Park City Manager Jullie spoke to his memo of April 17, 1981., regarding this matter. Jim Larson, representing Architectural Alliance, expressed the reasons why they would like to deviate from the lighting now used by NSP. Planning Director Enger spoke in favor of the lighting request. z MOTION: Redpath moved, seconded by Bentley, to authorize installation of high pressure sodium lighting and to have Staff develop the method for appropriate replacement within a reasonable amount of time. { 2. Receive 100% petition and order improvements for street and utility improvements in CreekVikw Estates , I .C. 001 (Resolution No. - 2 MOTION: Moved by Redpath, seconded by Tangen, to adopt Resolution No, 81-82, receiving 100% petition, ordering improvements and prepara- tion of plans and specifications for public improvements in Creekview Estates, I .C. 001. Motion carried unanimously. 3. Consider bids for Valley View Road pedestrian bride I.C. 51-325H rr Resolution No. 81-85 1. MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-85, accepting the bid of Progressive Contractors for $132,221. 15 for the pedestrian bridge over Valley View Road. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye" . Motion carried unanimously. 4. Consider bids for street and utility improvements on Luther Wa and Meadow Lane, I .C. 51-395 (Resolution No, 1-- 6 MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No, 81-86, accepting the bid of Kenco, Inc. in the amount of $140,234.23 for utility and street improvements on Luther Way and Meadow Lane and utility improvements in Round Lake Park. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unani- mously. IX. NEW BUSINESS City Manager Jullie discussed with the Council prioritizing projects within the tax increment district. X. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10:54 p.m. Motion carried unanimously.