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City Council - 11/17/1981 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 17, 1981 7:30 P.M. , CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF: City Manager Carl J . Jullie , City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Bob Lambert, City Engineer Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All were present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda : VIII . B. 1 . Request for ratifica- tion of a notice to the Round Lake Park Shelter contractor regardi.n ermination of contract ; VIII . C . 4 A brief discussion on codification. The following item was moved from the Consent Calendar to item VIII . C. 5. Final_ approval of Municipal_ 20 Industrial Development Bonds for Valle la y Pce O _ffice - ciates in the amount cf 1, 0,020 (Rescfution No, 81-235) MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously, II . MINUTES A. Special City Council_Meetinq held Saturday, October 31 , 1981 Page 2, last para . , second line: change "lease" to "least" MOTION: Edstrorn moved, seconded by Bentley, to approve the minutes of the October 31, 1981 , City Council meeting as amended and published. Motion carried unanimously. B. City Council Meetina held Tuesday, November 3, 1981 Pace 3, para . immediately preceding motion in item VII , A. : delete the following sentence: "He would also like some time to reflect on the report. " MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the November 3, 1981 , City Council meeting as amended and published. Motion carried unanimously. ,r City Council Minutes -2- November 17, 1981 III . CONSENT CALENDAR A. 2nd Readin.q of Ordinance No. 81-25, an ordinance amendin Ordinance No. 77-22 rohibitin nois V�_� q y parties and unlawful trespass B. Final plat approval for Edenvale 14th (Resolution No. 81-233) C. Change-_Order No. 1 for Creekview Estates , I .C. 51-375 D. Receive 100% petitions for improvements to Sundquist Addition and Trunk Sewer connections and authorize preparation of plans and specifications Resolution No. 81-234 _E. Request of Mr. Karl Krahl concerning donation of property_ F. Clerk' s License List G. 2nd Reading of Ordinance No. 81-23, designating and req ulating Bicycle Ways wi tr hin the City of Eden Prairie H. Final approval of Municipal Industrial Development Bonds for Frana & Sons in -the amount of 242,25 Resolution No.^81-23 Y and 48,450 Resolution No. 82-232) I . Final approval of Municipal Industrial Development Bonds for Valle__ Place ---_--- — Y �--- P -- - ----- - opmen -------- Office Associates in the amount of �1 ,?_00,000 resolution No. 81-235�' - _ becomes item VIII . C. �. MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent Calendar, item III . G. subject to the addition of "or lead a horse in Section 4. Motion carried unanimously. IV. PUBLIC HEARINGS A. Standard Oil Station by Standard Oil Co, Request to rezone 2. 1 acres from Planned Study to Highway Commercial for construction of a gas station and attached car wash. Located in the southeast corner of Co. Rd. 4 and TH 5 (Ordinance 81-29) - Continued from November 3, 1981 City Manager Jullie explained Staff has met with the proponent. The City has agreed to move the full access to Sween Road and that there will only be a right-out movement on Highway 5. Ray Duggan, engineer with Standard Oil , spoke to the proposal -- he would prefer a right-in and a right-out on Highway 5, Tangen said he could go along with a right-out. Jullie noted a right-in would cause problems . Bentley expressed his concern with a right-in move- ment. Redpath concurred and said the number of grain trucks which travel on TH 5 create additional hazards which must be taken into consideration. Edstrorn asked if TH 5 would be one lane at the right-out point. Jullie said there would be an acceleration lane provided. City Council Minutes -3- November 17, 1981 Ai t z MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to give 1st Reading to Ordinance No. 81-29 subject to the Staff recom- mendations and with a right-out only on TH 5. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to instruct Staff to draft a Developer's Agreement subject to the recommendations included in the Staff Reports . Motion carried unanimously. B. City West by Richard Anderson, Inc. Request to amend the Comprehensive Guide Plan on approximately 40 acres designated Medium Density Residential to Office, Regional Commercial , and Multiple Residential uses , and approval of an Environmental Assessment Worksheet (Resolution No. 81-226 - PUD) and Resolution No. 81-227 - EAW) David Sellergren, attorney for the proponent, spoke to the proposal and the changes which have been made. He said they feel they have been responsive to all concerns . Planning Director Enger reported this matter had been referred back to the Planning Commission by the Council . The Planning Commission had reviewed the proposal at its October 13, 1981, and October 26, 1981, meeting and 5 had recommended its approval by a vote of 7 - 0. Enger noted this item had not been before the Parks , Recreation and Natural Resources Commission as now proposed since it had previously recommended approval . Tangen expressed concern that this had not been before the Parks , Recreation and Natural Resources Commission since there is now residential included in the proposal . Director of Community Services Lambert and Enger explained i - that the type of housing which is going to be built in City West will more than likely be the type in which recreational facilities are included -- such as handball or raquetball courts , swimming pools , tennis courts , etc. This would be similar to what is found in the multiple residential buildings in the Southdale area. Bentley asked about the requirements for low density office uses and about the impervious surface ratio compared to the previous proposal . Enger ex- plained the low density office use and noted the impervious surface ratio has not changed much. 4 Edstrom inquired about the parking spaces . Enger noted this will be addressed as each proposed building or phase comes before the Council . In the first phase the request will be for smaller spaces and this will be assessed before other parking in future phasing is approved . Penzel asked about the traffic to be generated by the residential now pro- posed. Enger said there would be about 1500 fewer trips per day than under the old proposal . Penzel asked when improvements to Shady Oak Road would be necessary. Enger said prior to the first phase rezoning it would be recommended the City do a feasibility study of this project and that of the Wooddale Baptist Church to evaluate the traffic and to propose a development schedule for the upgrading of Shady Oak Road and assessing the responsibility for the cost. This feasibility study could be done in conjunction with the feasibility study for the center road in the City West project. y City Council Minutes -4- November 17, 1981 Janet Gerecke, 6622 Golden Ridge Drive, questioned the ownership of the property which she claims is owned by Honeywell and not by ADI . David Sellergren stated they would be willing to provide the tax receipts which show Anderson to be the owner of record. Dick Feerick, 6518 Leesborough Avenue, would like to see more residential - on this site carriage or manor homes. He feels the community has a commitment to the Major Center Area plan and this proposal does not support that commitment. Jerry Steelman, 6601 Golden Ridge Drive, asked if the petitions which had been filed at previous meetings are still valid. Penzel said they are. Steelman agreed with Feerick' s remarks . Bentley said he felt the present proposal is, overal1, a much improved plan. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 81-226, approving the City West Planned. Unit DevelopmEnt and Amending the Guide Plan, subject to the recommendations of the Planning Commission (the October 26 Planning Cormission recommended Plan - p. 2465A) and to refer this to the Metropolitan Council for their review. Motion carried with Tangen voting "no. " MOTION: Bentley moved, seconded by Redpath , to adopt Resolution No. 227 , finding the Environmental Assessmen Worksheet for City West a private action which does not require an environmental impact statement. Motion carried unanimously. Tangen stated his "no" vote was because of his concern with the amount of residential and the lack of input from the Parks , Recreation and Natural Resources Commission, He did feel the proposal was an improvement over the original plan. C. Kentucky Fried Chicken byc Delaria Kitchens . Request to rezone from Rural to Regional Commercial and preliminary plat 0.835 acres for a fast food restaurant. Located west of US 169/212, east of Eden Road, and north of Single Tree Lane (Ordinance No. 81-26 and Resolution No. 81-228) John Shardlow, Howard Dahlgren Associates, spoke to the proposal . Also present were Bill Quinlan and Ralph Werner from Jesco and Don DeLaria from DeLaria' s Kentucky Fried Chicken. Shardlow said the only problem they have is with the cupola which they would like to paint terra cotta and white striped; the Staff Report calls for a solid color -- terra cotta. Bill Quinlan, Jesco, said they have no problem with the striped cupola; it will not harm the project in any way. Don DeLaria, DeLaria' s Kentucky Fried Chicken, passed a picture of what new Kentucky Fried Chicken franchises look like. He noted this building will not include a picture of the Colonel or a revolving bucket of chicken. City Council Minutes -5- November 17, 1981 Planning Director Enger stated the Planning Commission had recommended approval of the preliminary plat and rezoning requests by a 6 - 0 vote at its meeting on October 26, 1981 , with special emphasis that the cupola be a solid dark color and that the original approved Eden Glen PUD Design Framework Manual be upheld. Enger noted the sign ordinance regards the cupola as a rooftop sign. Edstrom asked about the impact the reduction of this site will have on the overall site plan. Shardlow said it would be a positive impact in that the number of curb cuts would be reduced and other sites would be able to utilize the additional space. Bentley and Tangen said they had no difficulty with the stripes on the cupola. MOTION: Edstrom moved , seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 81-26. Motion carried unanimously. } MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 81-228, } approving the preliminary plat of Kentucky Fried Chicken. Motion carried unanimously. . MOTION: Edstrom moved, seconded by Bentley , to direct Staff to draft a Developer' s Agreement subject to the recommendations contained in the October 16, 1981 , Staff Report , excepting item #6 -- a terra cotta and white striped cupola will be allowed. Motion carried unanimously. C D. Wooddal_e Baptist Church by Wooddale_ Baptist Church. Request for amendment to the City Guide Plan from Residential to Public; Planned Unit Development Concept approval for church uses; rezoning from Rural to Public; and prelim- inary plat approval . Variances requested are : 60 foot high sanctuary peak , and a non-hardsurface parking area for the first phase, and construction of a parking lot without curb & gutter, all on a total of 31 acres . Located east of Golden Ridge, south of Shady Oak Road, and west of US 169/212 (Reso- lution No. 81-229 - PUD, Ordinance No. 81-27 - rezoning, and Resolution Nc . 81-230 - preliminary plat. Leith Anderson, Pastor of Wooddale Baptist Church, Richfield, gave a brief history of the Church. Fred Hoisington, Brauer & Associates , spoke to the proposal . He reviewed the ownership, zoning, slopes , drainage, soils , vegetation, the concept plan, access, phases of parking, and grading plans, He also reviewed the variance requests and stated they would like to park one bus on the site during the 1st phase of construction. Planning Director Enger noted this item had been considered by the Planning Commission at its October 26, 1981 , meeting at which time it recommended approval , subject to recommendations contained in the Staff Report, by a 6 - 1 vote. 1 ----- City Council Minutes -6- November 17, 1981 Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission had reviewed this proposal at its November t 2, 1981, and November 16, 1981 , meetings. At its November 2nd meeting the Parks , Recreation and Natural Resources Commission voted to recommend approval supporting Phase I parking at the north end of the site per Plan- ning and Community Services Staff Reports. Further information was requested in regard to the trees and this information was discussed at the November 16th meeting. Bentley asked what the rationale was for the Planning Commission wanting the construction phases of the parking lots to be reversed. Enger said the park- ing would not be exposed if it were behind the church, it would not be visible to the residents to the north, and the possibility of shared parking with City West would then create an open feeling to the north. Bentley asked about the settling problem in the parking areas where there might be poor soil conditions . City Engineer Dietz was not under the impression that the soils in the north parking lot were bad. Tangen asked about the dust problems which might be incurred if the parking lots were not paved. Dietz explained there are streets in Eden Prairie which are not paved and which the City oils to reduce dust. Warren Gerecke, 6622 Golden Ridge Drive, thanked the Wooddale Baptist people for having involved -the residents in the neighborhood adjacent to the proposed site in the planning process . Bill Deeds, 8641 Red Oak Drive, said Wooddale Baptist Church will be an asset to the comMunity and recommends the Council approve their plans . Bentley asked about the proposed bus storage. Anderson said they will have to find a place on the site or a shelter on the site to house the bus. Bentley asked that this issue be addressed prior to 2nd Reading of the Ordinance . MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution 81-229, approving the Wooddale Baptist Church Planned Unit Development . Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen , to give 1st Reading to Ordinance No. 81-27 . Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution, No. 81-230, approving the preliminary plat of Wooddale Baptist Church. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to draft a Devel - oper' s Agreement subject to the recommendations of the Staff Reports and the recommendations of the Commissions with the exception that the parking lot in Phase I remain as per original plan. The parking lot is to be hard surfaced 18 months after occupancy -- this is to be covered by some form of surety bond. Adequate parking is to be provided for daily traffic , dust control measures are to be undertaken, and the bus issue is to be resolved prior to 2nd Reading. Motion carried unanimously. z City Council Minutes -7- November 17, 1981 V. PAYMENT OF CLAIMS NOS. 9050 - 9271 MOTION: Tangen moved, seconded by Redpath; to approve Payment of Claims Nos. 9050 - 9271. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . PETITIONS, REQUESTS & COMMUNICATIONS r I A. Presentation of final Crosstown Scoping Report by Hennepin Counter (Resolution No. 81-222 --- c ontinued from November 3, 1981. i City Manager Jullie reviewed what had happened up to tonight' s meeting. He noted that reports had been sent to the residents who attended the July meeting. Herbert 0. Klossner, Director of Hennepin County Transportation Department, introduced Sue Rhode who outlined the process of the study. Jim Cardinal , 15701 West 62nd Street, asked who had received notices for the meeting and how had these residents been selected. Enger said Eden Prairie City Staff sent out about 500 notices to people east of County Road 4 because the Scoping Report only deals with the area east of County Road 4. Cardinal expressed concern that the residents west of County Road 4 were not notified because they will be affected by what happens to the east of them. Ron Pashina, 15600 Oak Ridge Road, said he has received more letters about Dutch elm disease in his yard than he has about a four-lane highway coming through. Penzel said it was unfortunate the people west of County Road 4 were not notified. Klossner said the Scoping Report had to stop somewhere and County Road 4 was the stopping point. Paul Choiniere, 15819 North Eden Drive, said there were issues not addressed in the Scoping Report such as what will happen with Highway 1.01, Highway 7, 212/169 in Eden Prairie, and the impact it will have on Townline Road. Bentley noted this is not a City action but a County action and the residents will have an opportunity to voice their opinions before various County Board hearings, Redpath would like to see action on the Scoping Report extended two weeks so that more residents will have an opportunity to read the report. r i -r City Council Minutes -8- November 17, 1981 Klossner said the' Scoping Report must be put into perspective. All the Scoping Report does is identify the issues along with the route which will be studied in the Draft Environmental - Impact Statement. There will be additional citizen input at that time. Cardinal said if the Council intends to extend action two weeks then the people in Minnetonka - Black Oaks , Boulder Creek areas - should also be notified as this will have an effect on them. MOTION: Redpath moved to extend the Scoping Study for two weeks. Copies of the Report will be made available on a first come, first served basis. Motion died for lack of a second. Edstrom said the impact of the Crosstown do go beyond County Road 4. Donna Pashina, 15600 Oak Ridge Road, said a notice of meetings such as the one at which the Scoping Report was discussed should be in the Eden Prairie News. Bentley said perhaps approval should be subject to Hennepin County holding a meeting for the residents. Cardinal said as far as he is concerned the Council can approve the Report. He would, however, like to have a copy of the Report. Choiniere said he does not think the Report should be approved because the impact that will take place by a four-lane highway emptying onto Townline Road has not been addressed. Tangen said the issues have been addressed and Townlire Road has not been ignored. Individuals may not have received notification, but the issues have been addressed. Penzel said our system of government allows for citizen input and at the point we are now at with this Study the issues which have been raised will be looked into and studied further. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-222, approving of Crosstown Scoping Report, Motion carried with Edstrom voting "no. 11 VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - called attention to the letter of November 11, 1981, from Robert J. McDonald regarding Bluffs East Rezoning & Development. A copy of that letter is attached. I c City Council . Minutes -9- November 17, 1981 r Bentley - asked to have items on the Consent Calendar further identified as to location. He also would like to see general news articles in the newspaper regarding public hearings in addition to the required official notices now published. B. Report of City Attorney 1. Request for ratification of a notice to the Round Lake Park Shelter contractor regarding termination of contract City Attorney Pauly spoke to the reason for this request. The contractor has failed to make payments to his subcontractors , has failed to supply a sufficient number of workmen to complete the job, and has stated to the architect he is financially unable to complete the contract due to financial difficulties. The contract requires a seven-day notice prior to terminating the contract. z MOTION: Tangen moved, seconded by Bentley, to ratify notice to the Round Lake Park Shelter contractor regarding termination of contract. Motion carried unanimously. C. Report of City Plana(ver 1. Proposed chancles in sewer and water rates for 1982 _, 1st Reading_ of Ordinance No. 81-30. __ �__—� -- -� City Manager Jullie spoke to his memorandum of November 10, 1981 , in which the rate changes were addressed. MOTION: Edstrom moved , seconded by Bentley, to give 1st Reading to Ordinance No. 81-30, amending Ordinance No. 280, utility rates. Motion carried unanimously. 2. A reement Contract No. 830 with Metropolitan Waste Control Commission_ MWCC for repayment of 1971-72 reserve capaci� char es _ MOTION: Redpath moved, seconded by Bentley, to approve Agreement Contract No. 830 with the MWCC which will be applicable to all new sewer connections as of January 1, 1982. Roll call vote: Bentley, Edstrom, Redpath, Tangen , and Penzel all voted "aye. " Motion carried unanimously. 3. Request from Ram lawsuit on Local Government Aid City Manager Jullie said a request from the City of Ramsey had been received whereby they requested the City to join them in a lawsuit with the Minnesota League of Small Cities to test the constitutionality of the present formula the State uses to distribute local government aid. Jullie recommended the City not become involved at this time, but rather wait until we have a ruling on fiscal disparities which may settle many of the same issues. The Council concurred. City Council Minutes -10 November 17, 1981 4. A brief discussion on codification Ways to proceed with the codification process were discussed. 5. Final approval of Municipal Industrial Development Bonds for Valle Place Office Associates in the amount o 1,200,000 Resolution No. 81-235) Mark Wilson, attorney for Valley Place Office Associates, spoke to their request for MIDB's and the scope of the project. 1 MOTION: Edstrom moved, seconded by Bentley, to give final approval to the request for Municipal Industrial Development Bonds for Valley Place Office Associates in the amount of $1,200,000. Motion carried unanimously. 1 IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 11 :53 p.m. Motion carried unanimously.