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HomeMy WebLinkAboutCity Council - 11/03/1981 z� APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL 3 TUESDAY, NOVEMBER 3, 1981 7:30 p.m. , CITY HALL f 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. a,M City Council Minutes -3- November 3, 1981 1 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. i 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. i 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 =r 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. 3 PETITION TO THE CITY OF EOEN PRAIRIE i 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. - b 3