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City Council - 07/21/1981 .,...,may. APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL ( TUESDAY, JULY 21, 1981 7 :30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzei , George Bentley, Dean Edstrom, Paul Redpath , and George Tangen COUNCIL STAFF PRESENT: City Manager Carl J. Jullie, City Attorney Roger Pauly, City Engineer Gene Dietz, Finance Director John D. Frane, Planning Director Chris Enger, Dir- ector of Community Services Bob Lambert, Director of Public Safety Jack Hacking , Building Official Wayne Sanders, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL I . PRESENTATION OF HUMAN RIGHTS AWARDS TO NATHANA STENEMAN AND KAREN OLNESS, HAKON TORJESEN, ERIK, KRISTINE, MALIKA & MARK Mayor Penzel introduced Duane Pidcock, Chairman of the Human Rights Commission, who presented the awards. The plaque presented to Nathana Steneman read "For her exceptional dedication to and generous efforts with parenting support and education." Mrs. Steneman said she has spent the last six years involved in parenting, the last two years with MELD (Minnesota Early Learning Design) .. Karen 01ness and Hakon Torjesen accepted their plaque which read "For the generous gifts of time and talent they have shared with refugees from Laos, both in Thailand and here in Minnesota. " The Torjesen children were unable to be present because of camp commitments. Torjesen thanked members of the Eden Prairie Rotary Club in which three members of the Council are active for their support in assisting in providing a truck for this project. Edstrom noted the Torjesen's have just had a book published,"The Gift of The Refugees which is very interesting reading. City Manager Jullie introduced Wayne Sanders , the new Building Official . Director of Community Services Lambert introduced Jan Flynn who will be replacing Rae Bly as Human Services Coordinator. Edstrom expressed thanks to Bly for a fantastic job and wished her well in her new endeavor as a law student. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII . D. 3. Community Center Tour; VIII. D. 4. Senior Citizen's Center Gazebo; and VIII . E. 2. Water Saver. City Council Minutes -2- July 21, 1981 MOTION: Bentley moved, seconded by Tangen, to approve the Agenda as amended and published. Motion carried unanimously. III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 7, 1981 p. 5, para 8, line 1 - "Hearing, to deny the request to rezone lot 2, block 1 and lots 5 & b, block 2; and. . . " p. 10, para. 9, - "housing and transportation study. . " p. 11 , para. 3, - insert the following in place of para. 3: "The Court issued an order for judgement for plaintiff in the tax increment financing case. The order is very short with a short memorandum attached to it; the essence of which is that the City terminated the plan and the plaintiff prevails. However, no monetary award was made to the plaintiff as he requested. Also the Court did not make any order relative to the rollback as had been requested by plaintiff. The memorandum contains mistatements of fact as to the relief requested by plaintiff and as to the joinder of the HRA in the case. The Court stated that plaintiff asked for an injunction, which he did not; and that the City, rather than plaintiff, asked for the HRA to be joined as a party. " It is not clear from the order what judgement will be entered by the clerk. Con- sequently the Court will be asked to clarify the order so the resulting judgement will not have any potential effect on the City's tax increment financing plans for the future. " MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the July 7, 1981, Council meeting as amended and published. Motion carried with Redpath abstaining. IV. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 78-200,�rezoning from R1-22 to Community Commercial for Eden Prairie Grocery and developer' s agreement C. 2nd Reading of Ordinance No. 81-01, rezoning from Rural to RM 2.5 for Edenvale Apartments by Edenvale Apartments, a partnership, and developer's agreement D. Consider bids for Creekview Estates Improvement project, I.C. 51-375, (Resolution No. 81-138 E. Resolution No. 81-137, confirming administrative land division approval for Castle Ridge F. 2nd Reading of Ordinance No. 81-10, rezoning lot 1, block 1, from R1-13.5 to RM 6. 5 for I duplex, Lake Trail Estates by Swenson & Schwartz City Council Minutes -3- July 21, 1981 G. 1st Reading of Ordinance No. 81-36, amending Ordinance No. 81-35, the Ordinance r authorizing the declaration of a state of water emergency during which time the use of water shall be regulated, and prescribing a penalty H. Authorization to advertise and receive bids for construction of a well to serve the irrigation system at Round Lake I. Approve plans and specifications for I.C. 51-381, Sunn brook Road improvements, and authorize bids to be receive 10:00 AM, August 13, 1981 J. Approve plans and specifications for I.C. 52-005, Eden Road improvements, and authorize bids to be received 10:00 AM, August 13, 1981 Resolution No. 81-141) K. Final plat approval for Fairway Wood 3 (Resolution No. 81-140) L. Final approval for Municipal Industrial Development Bonds in the amounts of $286,875.00 Resolution No. 81-133 and $57,375.90 Resolution No. 81-132 for Ryan Lake Ridge Project M. Final approval for Municipal Industrial Development Bonds in the amounts of 242,250.00 Resolution No. 81-133 and 48 450.00 Resolution No. 81-134 L for Oldre Partnership Project Y N. Final approval for Municipal Industrial Development Bonds in the amounts of 350,625.00 (Resolution No. 81-135) and $70,125.00 Resolution No. 81-136 Tor Hustad 4 MOTION: Moved by Bentley, seconded by Redpath, to approve items A - N on the Consent Calendar. Roll call vote: Bentley, Edstrom (abstained on item K) , Red- path, Tangen, and Penzel voted "aye. " Motion carried. V. PUBLIC HEARINGS A. BLUFFS EAST by Hustad Development Corporation. Request for PUD Development state approval , rezoning from Rural to RM 6. 5 and preliminary platting of l 106 townhouses with possible variances. Located in the southwest corner of Co. Rd. 1 and Franlo Road (Ordinance No. 81-11 and Resolution No. 81-143) Dick Putnam, Hustad Development Corporation, and Rick Sathre, Sathre, Berg- quist, Inc. , spoke to the proposal . Putnam reviewed the history of proposals for this property, went over the grading plan, site plan, and discussed the tot lots and access points. Sathre further reviewed grading and access points. Planning Director Enger stated this proposal had been considered by the Planning Commission at its June 22, 1981, meeting at which time the Commission recommended approval by a vote of 5-1. The Commission recommended the Reichow property rezoning not take place at this time, and that its approval was subject to the recommendations included in the June 19, 1981, Staff Report. Also in- cluded was the addition of a storm sewer overflow pipe. C City Council Minutes -4- July 21, 1981 Director of Community Services Lambert reported the Parks, Recreation, and Natural Resources Commission had reviewed this proposal at its July 6, 1981, meeting and had voted unanimously to approve the proposal subject to Staff Report recommendations with the addition that the developer should connit to develop the proposed tot lot adjacent to the Reichow property by the time the abutting townhouses are completed and before any other townhouse units are erected. The west tot lot should be developed in the same manner. Redpath inquired what the plans are for the Reichow property if it is about 12' higher than that of the proposed development. Putnam responded that plans are uncertain for that property as the Reichows do not wish to sell at the mo- ment. Because of the trees which surround the Reichow property, the grading for the proposed project is away from the Reichow property so as not to disturb the vegetation. Redpath asked about access to the property owned by Dave Brown which abuts e this property to the west. Enger pointed out that this could be served from Bernett Place or Rlossom Road, but it is not clear at this time which point ` . would provide easier access. Bentley wondered if Enger had received an updated grading map. Enger said he had not, but that revisions in the grading plan may come about pending Council ` approval/action on the request before them. Bentley asked if the grading would be staged. Putnam responded it would not because the most efficient way would be to do it all at once. Bentley expressed concern about the road connections to the west and future access to the west. He referred to the letter to the Council from David Brown dated July 17, 1981. Enger pointed out that Bennett Place will be extended and will become a through road; the Brown property will also have access to Blossom Road. Penzel asked if Hustad Development was prepared to submit to the City bonds for the construction of tot lots and sidewalk/trails. Putnam said they would provide what- ever the City asked. f Sathre answered questions regarding the drainage of the pond in the southwest corner of Prairie East 6th Addition. A storm sewer would be placed under County Road 1, the cost of which is to be shared by Hustad (80%) and Olympic Hills (20%. ) On the south side of County Road 1, Hustad Development would be responsible for the cost as part of their development costs . Bentley inquired about the right turn lane and by-pass lanes requested by the Hennepin County Highway Department at the intersection of franlo and Pioneer Trail (County Road 1. ) Putnam said that they will do that, if it is required to do so. Bentley asked how many units had driveways of less than 30' in length. Putnam said that they would meet the 30' requirement, if that was necessary. Penzel ques- tioned the lack of alignment of driveways off public streets. Putnam said on-street parking was not anticipated and off-set driveways would further tend to discourage that practice. City Council Minutes -5- July 21, 1981 ' Bob McDonald, owner of the property northwest of the proposed development and i presently residing in Tucson, Arizona, said he had just recently become aware of the project. He would like to see a little higher qual i ty'uni t in this area. He realizes, however, that the proposed units are now what will sell . He thanked City Staff for their help in familiarizing him with the proposal in a short period of time. Enger said steps will be taken to attempt to rectify the situations where a property owner who lives out of town does not receive notices of Public Hearings. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance 81-11, rezoning from Rural to RM 6. 5. Motion carried l unanimously. MOTION: Moved by Redpath, seconded by Bentley, to have Staff draft the developer' s agreement including the recommendations contained in the June 19, 1981, Planning Staff Report, recommendations of the Planning Commission, recommendations of the Parks, Recreation and Natural Resources Commission, and bonding requirements for the construction of tot lots and sidewalks/trails. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to grant preliminary plat approval for 104 townhouses in the Bluff' s East project. Motion carried unanimously. V1. PAYMENT OF CLAIMS NOS. 7408 - 7631 MOTION: Moved by Redpath, seconded by Edstrom, to approve Payment of Claims Nos. 7408 - 7631. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye. ". Motion carried unanimously. I. TORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Grill House Director of Community Services Lambert explained this had been brought before the Historical & Cultural Commission and the Parks, Recreation and Natural Re- sources Commission and now the City Council because of a problem which has been recently encountered with the well at the Grill House. A renter has been living in the house and if this is to continue a new well must be drilled as the old one no longer works. The Historical & Cultural Commission recommended making the improvements and indicated they felt a well could be put in for less than $4,000. The Parks, Recreation and Natural Resources Commission recommended the City Council conduct an immediate survey of the community's feelings toward the expenditure of money to save the historic Grill House. Mona Finholt and Jeff Holte, Middle School teacherspwho have written a unit for 6th graders on the History of Eden Prairie, gave a presentation on their research on the Grill homestead as well as reasons for preserving the Grill House. Letters from 6th graders which urge the Council to "save the Grill House" are attached to these minutes . Finholt and Holte said the House might be used for a research library, lecture hall , and/or a focus for community events such as Sunbonnet Days , as well as various classes such as quilting. Holte pointed out that it is even more historic because of the. source material available -- 60 years of J. R. Cummins ' diaries (he built the house. ) .rY City Council Minutes -6- July 21, 1981 k Bruce Brill , member of the Historical & Cultural Commission, said the Commission recommends the well be redone and in the future the House be re- stored. In the meantime, it is essential that a renter be in the House. As the result of inquiries by various members of the Historical & Cultural Com- mission, it seems the potential for a new well at a nominal cost and other im- provements which are necessary might be done by local residents who are willing to donate time and/or materials. The Historical & Cultural Commission is willing to further investigate sources of materials and people who would be willing to donate their services to help in restoring the Grill House. They are also willing to look into various fund raising projects which might help to pay for the im- provements. MOTION: Redpath moved, seconded by Bentley, to authorize Staff to get quotes for a new well and electrical repairs at the Grill House. Motion carried unani- mously. VTTT, REPORTS OF OFFICERS, BOARDS, & COMMISSIONS A. Reports of Council Members Penzel - the United Nations Association has asked him to appoint an Eden Prairie UN Day Chairman. Dean Edstrom volunteered to serve in this capacity. B. Report of City Attorney City Attorney Pauly stated he, Jullie, Dietz, and Skoglund had conducted a field inspection of the site owned by Richard Anderson known as City West. It was determined that while three to four percent of the land had been altered, the land alteration Ordinance had not been violated because that Ordinance requires a permit in the event more the one foot of earth and 10% of the land is to be altered. Pauly suggested further consideration might be given to amending the Ordinance. J'he Watershed District has re- buked Anderson because of the erosion which is taking place due to the grading. Dietz showed slides of the area. Tangen suggested Staff check on how many parcels are included in the area under discussion. Penzel asked Pauly to see how the various Ordinances might be modified so situa- tions such as this might be avoided in the future. Jullie suggested supporting the Watershed District's action against Anderson. Pauly said he would include answers to the aforementioned in a memorandum to the Council . C. Report of City Manager City Manager Jullie reviewed the water situation. Notices have been sent to all Eden Prairie households outlining what the problems have been and what the sprinkling ban means. Expansion work which is underway at this time was also discussed in the letter. Residents have been cooperating; this is reflected in statistics on water usage which Water Plant Superinten- dent Ed Sorensen has been providing Jullie. City Council Minutes -7- July 21, 1981 D. Report of Director of Community Services P y 1 . Community Center Change Order Director of Community Services Lambert spoke to his memo of July 16, 1981, which addressed the situation involving the Community Center Concession Stand. Smiley Glotter Associates is willing to pay the difference in cost ($806) of what would have been needed if it had been in the original bid instead of present costs. MOTION: Bentley moved, seconded by Edstrom, to accept responsibility for the concession stand costs as they would have been at the time of the original bid. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. a 2. Flying Cloud Ballfield Road Access l In his July 1, 1981, memo Director of Community Services Lambert addressed the traffic flow problem at Flying Cloud Ballfield. MOTION : Tangen moved, seconded by Redpath, to authorize construction of an access road on the east side of Flying Cloud Ballfield at an estimated cost of-$2,500.00. Roll call vote: Bentley, Edstrom, Red- path, Tangen, and: Penzel voted "aye. " Motion carried unanimously. 3. Community Center Tour MOTION : Bentley moved, seconded by Redpath, to hold a special meet- ing of the Eden Prairie City Council at noon on. Saturday, July 25, 1981 , at which time a tour of the Community Center, which is under con- struction. will be conducted. Motion carried unanimously. 4. Senior Citizen's Center Gazebo Penzel explained the gazebo at the Senior Citizen's Center is in ill repair -- in need of screens and paint. Tangen wondered if this might be a project in which members of the community might like to help. MOTION: Bentley moved, seconded by Redpath, to look into the cost of renewing the gazebo at the Senior Citizen's Center. Motion carried unanimously. E. Report of City Engineer 1. Received petition and authorize preparation of Feasibility Report for drainage improvements north of Martin Drive, I .C. 52-007 Resolution No. 81-139 City Engineer Dietz spoke to the problem which has precipitated this request. M.E. Lane, Jr. , petitioner, also spoke to the problem. MOTION: Tangen moved, seconded by Redpath, to continue this item to the August 4, 1981, Council meeting. Motion carried unanimously. City Council Minutes -8- July 21, 1981 2. Water Saver Information on flow reducers for shower heads was shared with the Council and discussed. It was decided that this might be one of several measures residents of Eden Prairie might use to conserve water. MOTION: Tangen moved, seconded by Redpath, to instruct Staff to come up with a program for water conservation. Motion carried unan- imously. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Moved by Tangen, seconded by Bentley, to adjourn the meeting at 10:20 p.m. Motion carried unanimously.