City Council - 11/03/1981 z�
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, NOVEMBER 3, 1981 7:30 p.m. , CITY HALL
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COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean 3
Edstrom, Paul Redpath, and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Planning Director Chris Enger, City Engineer
Eugene A. Dietz, and Recording Secretary Karen Michael
INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL: All were present t
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: VIII . C. 1 . County Board Action;
VIII. C. 2. Impact on City of State's Financial Woes; VIII . C. 3. Special Assess-
ment Policy.
- MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as amended
and published. Motion carried unanimously.
II . MINUTES
A. City Council Meeting held Tuesday, October 6, 1981
Page 4, para . 1, line 3: add "&" to read "Schoell & Madson" . .
Page 4, para . 5, line 3: change "visable" to "visible"; and add "&" after
"Schoell". . .
Page 7, para. 5, line 3: change "site" to "sight". .
MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the
City Council Meeting held Tuesday, October 6, 1981, as amended and published.
Motion carried unanimously. I
B. City Council Meeting held Tuesday, October 20, 1981
MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the
City Council Meeting held Tuesday, October 20, 1981, as published. Motion
carried with Edstrom abstaining.
City Council Minutes -2- November 3, 1981
III . CONSENT CALENDAR
l A. Clerk' s License List
B. 2nd Reading of Ordinance No. 81-13, rezonin9 from R1-1J.5 to RM 6.5 and
Developer' s Agreement for Edenvale 14th
C. Receive feasibilit_report anu set Public Hearing for Westwood Industrial
7arckand adjacent properties , I .C. 52-015 for 12/1/81 Resolution No. 81-223)
D. Shady Oak Industrial Park 2nd Addition. Certification of compliance with
ee velo r s �greement dated July 13, 1979 Resolution No. 81-224
E. Eden Glen 3rd Addition by Jesco, Inc. Request to preliminary plat 3.856
acres for construction of a hotel . Located west of Glen Lane, east of Eden
Road, and north of Single Tree Lane (Resolution No. 81-220)
F. Resolution No. 81-22.5, approving division of Reichow homestead from Bluff's
East ^ "
G. 1st Reading of Ordinance No. 81-25, an ordinance amending Ordinance No. 77-22
rohibiting_noisy parties and unlawful trespass
H. Proposal from Fox, McCue & Murphy to conduct the 1981 fiscal year audit for
tie City of Eden Prairie
City Attorney Pauly noted slight changes in paragraphs 4 and 5 of the Developer's
Agreement for Edenvale 14th (II. B. ) which are for purposes of clarification. He
also stated Resolution No. 81-225 (II . F. ) has been revised.
MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent
Calendar subject to the additions and revisions mentioned by Pauly. Motion carried
unanimously.
IV. PUBLIC HEARINGS
A. STANDARD OIL STATION by Standard. Oil , Co. Request to rezone 2.1 acres from
aPT nned ttudy t�ghway Commercial for construction of a gas station and
attached car wash. Located in the southeast corner of Co, Rd, 4 and TH 5
(Ordinance No. 81-29)
MOTION: Edstrom moved, seconded by Tangen, to continue this item to 8:30 p.m,
pending the arrival of the proponent. Motion carried unanimously,
V. PAYMENT OF CLAIMS NOS. 8893 - 9049
MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims
Nos . 8893 - 9049. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel
voted "aye." Motion carried unanimously.
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City Council Minutes -3- November 3, 1981
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VI. REPORTS OF ADVISORY COMMISSIONS
There were none.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
A. Presentation of final Crosstown Scoping Report by Hennepin County (Resolution
No. 81-222
City Manager Jullie introduced Richard Wolsfeld of BRW (Bennett-Ringrose-
Wolsfeld-Jarvis-Gardner, Inc. ) who spoke to the "Final Scoping Report. Wols-
feld noted the changes that have been made in the "Final Scoping Report" are
the result of resolutions received from public bodies such as the City of
Eden Prairie and from testimony at the Public Hearing held in July.
Wolsfeld addressed the comments which had been made by the Council via
its Resolution 81-111 adopted on June 16 , 1981 . He reviewed the issues
and impact areas which will be addressed in the Draft Environmental Impact
Statement as well as the five alternatives to be addressed in detail .
Edstrom asked if residents of the Rowland-Beach Road areas had been notified
of tonight' s meeting. Jullie said they had not. Wolsfeld said the people
who had attended the Public Hearing had been told they would be sent a copy
of the "Final Scoping Report" once it had been acted upon by the City Councils
of Eden Prairie and Minnetonka and prior to the time it was to be presented to
the Hennepin County Board of Commissioners.
,.. Bentley said he personally feels there should be a connection between Beach
and Rowland Roads.
Edstrom said he would like to hear from residents of the area before acting
on the report. Penzel concurred. Herbert 0. Klossner, Director of the Henne-
pin County Department of Transportation, noted there will be an other Public
Hearing regarding the Draft Environmental Impact Statement.
MOTION: Edstrom moved, seconded by Tangen, to continue this item to the
November 17, 1981, meeting of the City Council . Motion carried unanimously.
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Jullie asked if funding was still a reality to this project. Klossner said
it was and they wanted to get in on the funds as soon as possible.
B. Administrative Land Division for proposed motel site at West 78th Street and
H 169
Planning Director Enger reviewed the history of proposals for this property
and stated the Comprehensive Guide Plan shows this as Commercial Highway.
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Tangen asked if the Planning Commission had looked at this. Enger said they
had not.
MOTION: Bentley moved, seconded by Edstrom, to refer this matter to the
Planning Commission for their recommendation. Motion carried unanimously.
City Council Minutes -4- November 3, 1981
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IV. A. STANDARD_OIL STATION by Standard Oil Co. - continued from page 2.
R.A. Duggan, Jr. , Standard Oil Engineer, spoke to the proposed request to
rezone 1.2 acres from Planned Study to Highway Commercial for construction
of a gas station and attached car wash.
Planning Director Enger noted this item had been considered by the Planning
Commission at its October 13, 1981, meeting at which time it recommended
approval by a vote of 5 - 1 subject to the recommendations contained in the
October 9, 1981, Staff Report.
Redpath said TH 5 is overburdened with traffic now particularly with grain
trucks. Duggan said they realized that -- Standard has been attempting to build
on this property for 16 years.
Tom Sween, representing E. A. Sween Company, said they are willing to look
at the road problem with Duggan if Standard wishes to use E. A. Sween's road.
He sees no advantage in making their road a public street.
Bentley said he is concerned about access and also about usage. The Guide
Plan shows this as Industrial . He feels that two service stations on this
corner would be a bit much.
Redpath said the access onto TH 5 bothers him.
Penzel asked how the Highway Department (Mn/DOT) had responded to this re-
quest. Enger referred to a letter from W. M. Crawford dated October 20, 1981 ,
in which he suggests access be limited to local cross streets via frontage
roads to limit direct access to existing highways. Bentley noted how access
is limited to a local street in the case of Mark' s Standard in the Major Center
Area. Duggan noted that station has excellent visibility.
The question of access to this property from County Road 4 was discussed.
Enger noted an October 8, 1981, letter from Les Weigelt which addressed that
point.
MOTION: Tangen moved, seconded by Redpath, to continue this item for two
weeks to allow the proponent more time to work with Staff on concerns which
have been addressed this evening. Motion carried unanimously.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Penzel - Called the Council ' s attention to the petition submitted this evening
Tn regard to the Schendel property on Forest Hill Road. Penzel noted aesthetics
are impossible to legislate. City Attorney Pauly stated the Building Department
is following through on this and seeing that the conditions set forth by the
Board of Appeals and Adjustments are being carried out.
City Council Minutes -5- November 3, 1981
Edstrom - had questions regarding the letter from the Larkin firm which was
iiscussed at the October 20, 1981, meeting -- referring to the Sanitary Land-
fill . He feels any proposal for expansion should be looked into very care-
fully before the City agrees to anything.
Bentley - noted a site acress the Minnesota River and to the scuthaiest of Eden
Prairie is being considered as a hazardous waste site.
B. Report of City Attorney
Deferred discussion on tax increment financing to the City Manager. _
C. Report of City Manager
1. County Board Action
City Manager Jullie reported the Hennepin County Board of Commissioners
had met this morning and had voted in favor of the rollback provision
in regard to Eden Prairie' s Tax Increment Financing Plan. The vote was
4 - 1 - 2 with Robb, Johnson, Kremer, and Olkon voting in favor of the
provision.
City Attorney Pauly stated he had met with the Chief Justice•to-be
last week. The appeal matter has been referred to a three judge panel .
A transcript will be available before January 1, 1982, after which the
City will have 30 days to file briefs. It would then be taken up three J
or four months later.
Discussions are being held regarding the sale of bonds. This matter
will be further discussed with bond counsel .
MOTION: Redpath moved, seconded by Bentley, to proceed with all due
effort for a bond sale. Motion carried unanimously.
2. Impact on City of State's Financial Woes
City Manager Jullie stated the Budget for this year includes $417,000
in local government aid; $113,000 is still due in mid-November and mid-
December. It is not known yet how much of that will be forthcoming.
He also said he had received an "action alert" from the League of Minne-
sota Cities in which it was noted that the withholding of funds might
extend to the homestead credit.
Edstrom asked how this would affect the City's cash flow. Jullie said
we can cope.
Edstrom wondered how this would affect the 1982 Budget. Jullie said we
had received $360,000 in homestead credit this past year and if both
local government aid and the homestead credit were withheld,measures
would have to be taken. Edstrom asked Jullie to have Staff monitor the
situation closely and to keep the Council informed. Penzel
asked that preliminary steps be taken to see where cuts could be made.
Edstrom requested Staff to prepare needs for five years , if projections
r could be made.
City Council Minutes -6- November 3, 1981
3. Special Assessment Policy `
City Manager Jullie asked for clarification of the special assessment
policy. The discussion was precipitated based on three projects currently µ `
before the City: Golden Ridge, Mariann Drive, and Kilmer Avenue. Dis-
cussion was whether or not to develop a standard rate for all projects
involving existing homes. The Council decided that residents ought to
pay actual costs with the exception of lift stations which would be
general City benefit. The $1,000 credit policy for homes built prior
to June 22, 1971, would still be in effect.
IX. NEW BUSINESS
There was none.
X. ADJOURNMENT
MOTION: Bentley moved, seconded by Edstrom, to adjourn the meeting at 9:54 p.m.
Motion carried unanimously.
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PETITION TO THE CITY OF EOEN PRAIRIE
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In an effort' to protect and p=cserve our property rights,
the undersigned residents of Forest Hill Road in Eden
Vale hereby submit this petition to the City of Eden
Prairie . Prior to receiving approval from the City to
move their home onto Forest Hill Road, Mr. and Mrs.
Alfred Schendel made several representations to the
surrounding residents . They 1epresented that the house
would be renewed and brought up to newer standards and
be made to blend in with the • neighborhood. They provided
us with a painting or drawing which showed the house to
sit low on the site, .much like the rambler that it is.
They led us to believe that the house would be renewed
' and not look like an old 18-year-old rundown building.
We feel that they have misled us in all of these areas
and that by mixing the two types of siding and placing
the house as high as they have on the lot that it sticks
out like a "sore thumb" . We hereby request that the City
of Eden Prairie prohibit them from receiving an occupancy
permit and movinn into the building until they at least
` remove all of the shingles from the sides and rear of
the house and replace them with lapped cedar siding
which they have used on the foundation. We also request
that they make every effort to landscape the building
or house in such a way that it does not stick up in the
air and stand out no ouch as it does now.
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