Loading...
City Council - 01/05/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 5, 1982 7: 30 PM, CITY HALL COUNCIL, MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, PauT 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 Public Works Eugene A. Dietz , Director of Community Services Bob Lambert, and Recording Secretary Karen Michael '. INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all were present I. APPROVAL Of AGENDA AND OTHER ITEMS OF BUSINESS The fallowing item was added to the Agenda: IX. C. 3. Discussion of Wineberg Property Purchase Agreement. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of the City Council Meeting held Tuesday, December 15, 1981 Add the following para. following para. 5 on page 4 under item B. : "Bentley expressed a concern regarding the traffic flow and the impact on Mitchell Road and potential access to Wallace Road as a consequence of this development. Penzel concurred. " MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the Decem- ber 15, 1981 , Council Meeting as amended and published. Motion carried unanimously. B. Minutes of the Special City Council Meeting held Saturday, December 19, 1981 MOTION: Bentley moved, seconded by Edstrom, to approve the Minutes of the Special City Council Meeting held Saturday, December 19, 1981, as published . Motion carried unanimously. City Council Minutes -2- January 5, 1982 III . CONSENT CALENDAR A. Request to set Public Hearing for Municipal Industrial Development Bonds for Twin City Nursing Homes in the amount of $2,800,000 for February 2, 1982 B. Annual renewal of Joint Use Rental Agreement with Metropolitan Waste Control Commission C. Agreement between City of Eden Prairie/Chicago & Northwestern Railroad/Mn/DOT for installation of signals at Birch Island Road crossing Resolution No. 82-13) D. Plan approval for safety projects by Mn DOT within TH 169 right-of-way (Chan- assen to Flying Cloud Airport) (Resolution No. 82-14 E. Receive Feasibility Report for Mitchell Road/McCes Drive and set Public Hearing for February 2, 1982 at 7:30 p.m. Resolution No. 82-15 F. 2nd Reading of Ordinance No. 81-22 and approval of Mid-America Homes Developer's Agreement for Office zoning on 2. 2 acres north of TH5 and east of Chester's G. Clerk' s License List G 4 H. Request for a Public Hearing on. February 2, 1981 for the removal of. Diseased Trees from private property 4 I. Change Order for 'Community Center MOTIC ?edpath moved, seconded by Edstrom, to approve items A - I on the Consent 4L 1 Calenu,.. . Motion carried unanimously. IV. PUBLIC HEARINGS 1 A. WOODLAWN HEIGHTS by Lyman Lumber. Request for PUD Development plan approval , ' rezoning from Rural to RM 6.5 and R1-13.5, preliminary plat approval for 54 single family lots and 96 attached units, and approval of an Environmental Assessment Worksheet and variances . Located in the southwest corner of Town- line Road and Duck Lake Road. (Resolution No. 82-08 - preliminary plat; Reso- lution No. 82-09 - EAW; and Ordinance No. 82-01 - rezoning) Edstrom noted he would abstain from discussion on this item because the law firm with which he is associated represents Lyman Lumber. Gregg Frank of McCombs Knutson, representing the proponent, spoke to the proposal . Also present was Jim Hurd of Lyman Lumber. Planning Director Enger stated this proposal had been reviewed by the Planning Commission at its December 14, 1981, meeting at which time the Commission voted (5-0) to approve the rezoning and (3-2) to approve the preliminary plat. Dis- cussion centered on whether or not the southern most road should cross a natural swale or whether it should be replatted. The Planning Commission also voted to refer to the Council the Woodlawn Heights EAW finding of no significant impact. The rezoning vote included the recommendations included in the November 19, 1981 , Staff Report as modified by the Planning Commission. City Council Minutes -3- January 5, 1982 Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had recommended approval at its December 21, 1981 , meeting. This approval was based on the reports of Staff and the Planning Commission with the following exception: recommended leaving 2 lots south of the townhouses and instead deletion of 3 or 4 lots along the park; this action may require the addition of 2 townhouses elsewhere -- to be negotiated by the City and the developer. Redpath asked why the two single family lots were deleted. Enger explained there has been a problem in the past in developments where single family lots were across from or adjacent to multiple unit lots. Penzel noted the excessively long cul-de-sac and suggested this roadway be extended during Phase I of the project to Townline Road. Penzel also expressed concern about the 20 acre parcel to be dedicated as parkland which must be re- claimed from tax forfeiture. He has seen no effort being made in this direction. Jim Hurd stated Lyman Lumber Company's understanding was that upon approval of final plat they would supply the necessary monies to pay up the back taxes and special assessments on the property. They would then relinquish any claims to that property and turn it over to the City. City Attorney Pauly said he had discussed the matter with the attorney for Lyman Lumber and it appears the City would be able to receive a quit claim deed on the property. Tan en asked wher the grading g on the property would be done. Frank said in � Phase I . Wayne Francisco, 17400 West 66th Street, questioned the density trade-off since the ownership of the 20 acres is not clear. He also said he has the same concern as the Parks, Recreation & Natural Resources Commission regarding 4L the natural buffer. r George Kissinger, 6601 Barberry Lane, said the residents to the south see four design features with which they disagree. These are: 1)a hill bisects the site and should not be disturbed'; 2) mature trees would be affected; 3) the active park requires too much fill/leveling and is not compatible with the area; and 4)standing water is an amenity to the area and would be adversely affected by development. Bentley asked how much grading would be done on the hill , Enger said about 10' would be taken off the top of it. Frank said it would be reasonable to continue the main road rough grading as shown as a connection to Townline Road. This could be used for construction traffic and completed at a later phase. Karl Kurtz, 6451 Duck Lake Road, feels the landscape should remain as is. Penzel stated he has a real problem with the extension of Duck Lake Road. He would like to see the City require the extension of Duck Lake Road a part of this develop- ment. Penzel would also like to have an enforceable commitment by the proponent regarding the twenty acre parcel -- this will have to be clarified prior to 2nd Reading of the Ordinance. Penzel requested review of grading plans which substan- tially would reduce cuts and fills and respect the natural character of the Site to a greater extent. Redpath concurred. City Council Minutes -4 January 5, 1982 Kissinger recommended turning the proposal back to Staff and the Planning Commis- sion for further revision. Kissinger noted the letters of December 14, 1981 , and January 2, 1982, from the Residents which were addressed to William Bearman, Chair- man of the Planning Commission, and Mayor Penzel , respectively. Those letters have been attached to these minutes. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance 82-01, rezoning from Rural to RM 6.5 and R1-13.5. Motion carried with Edstrom abstaining. Penzel noted his vote was conditioned on successful meeting of concerns expressed regarding the overall severity of the grading and the question of road access. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution 82-08, approving the preliminary plat of Woodlawn Heights, incorporating dropping two single family lots on the east side, dropping two lots on the west side of Grand View Drive, straightening the lot line (making it north/south) of lot 3 on Grand View Drive,and adding one quadraminium unit. Motion carried with Edstrom abstaining. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution 82-09, finding the environmental assessment worksheet for Woodlawn Heights a private action which does not require an environmental impact statement. Motion carried with Edstrom abstaining. MOTION: Bentley moved, seconded by Redpath, to request Staff to draft a Developer's Agreement including the following: 1) road be graded to Townline Road as part of Phase I; 2) Duck Lake Road be improved to the northern boundary of the site? 3) clearance of title or negotiations acceptable to the City Attorney be accomplished prior to 2nd Reading of the Ordinance; 4) appropriate lot lines be drawn in; 5) Townline Road be improved to the western most property line in Phase II ; 6) grading be worked out prior to 2nd Reading with every effort being made to preserve the swales and the trees,and the necessary bonding to see that such is carried out. Motion carried with Edstrom abstaining. F Director of Public Works Dietz asked for clarification on the petition for Duck Lake Road. Penzel said a petition should come from the developer in this regard. B. CNR GOLDEN STRIP EAST by Condon-Naegele Realty Co. Request for PUD Concept approval , PUD Development Stage approval , preliminary platting for 8 office sites and 1 restaurant and variances. Located west of Viking's Winter Park, north of I-494, and south of Nine Mile Creek. (Resolution No. 82-10 - PUD; and Resolution No. 82-11 - preliminary plat. ) Don Brauer spoke to the proposal on behalf of Condon-Naegele although there are soon to be new owners who are aware of the proposal before the Council . Planning Director Enger said this proposal had been reviewed by the Planning Commission at its December 14, 1981, meeting at which time it recommended approval of the preliminary plat and the land use concept of office use, how- ever it denied the specific development plan. City Council Minutes -5- January 5, 1982 Director of Community Services Lambert reported the Parks, Recreation & Natural Resources Commission had reviewed the proposal at its December 21, 1981, meeting and had recommended approval of the land use designation and preliminary plat by a vote of 4 - 1. Approval was conditioned on the recommendations in the Staff Report of November 20, 1981. p Edstrom inquired about the vegetation on the property. Lambert said there is some in the northwest corner of the site. Edstrom asked Brauer if he could foresee what might be built in this area. Brauer x thought office buildings, hotel/motel , and regional commercial . Tangen inquired how much grading would be done and how important the material obtained from the southeast corner is to the Schooner Boulevard project. Direc- tor of Public Works Dietz said he did not have the detailed information on that; the consultants have that information. Brauer explained they will have excess material early on and later they will need fill . Penzel said he too is concerned about the grading on this site. William Pearson, Route 5, Box 187, Prior Lake, expressed his concerns about this proposal in. light of the property he owns to the north and northeast. Discussion centered on the proposed damming of Nine Mile Creek near Smetana Lake. Copies of the Watershed District Plan which refers to the dam will be obtained and dis- tributed to the Council and Pearson. Herleiv Helle, 6138 Arctic Way, questioned the width of right-of-way or the north/ 4L south road and the impact of this road on the general traffic in the area. Pearson asked about the Washington Avenue/County Road 18/I•-494 intersection. Penzel explained there will be somee improvements made beginning this Spring; but if further improvements are to be made, it will probably be up to the City to make them since the State does not have the money. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 82-10, approving the CNR Golden Strip East Planned Unit Development and Amending the Guide Plan, subject to revisions by the City Attorney. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-11, approving the preliminary plat of CNR Golden Strip East. Motion carried unani- mously. Any grading to be done on the site is to be for road purposes only. There is to be no grading outside of the road right-of-way. V. PAYMENT OF CLAIMS NOS. 9738, 9740 - 9825; 9826 - 9988 MOTION: Edstrom moved, seconded by Tangen, to approve Payment of Claims Nos. 9738, v 9740 - 9825 and 9826 -9988. Roll call voter Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye. " Motion carried unanimously. 1 City Council Minutes -6- January 5, 1982 VI. REPORT OF ADVISORY COMMISSIONS There were no reports . VII . APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates MOTION: Redpath moved, seconded by Edstrom, to appoint the Mayor as Representa- tive to the Metropolitan League of Municipalities and Councilmen Bentley, Edstrom, Redpath, and Tangen as Alternates. Motion carried unanimously. B. Health Officer- Appointment of 1 Health Officer for the year 1982. Appointment by Mayor with consent of Council . MOTION: Tangen moved, seconded by Bentley, to confirm the Mayor's appointment of Dr. Frederic P. Ekrem as City Health Officer for 1982. Motion carried unani- mously. C. South Hennepin Human Services Council - Appointment of 2 Representatives to serve 2 year terms commencing 2/3/82 MOTION: Tangen moved, seconded by Bentley, to appoint Paul Redpath and Jan Flynn to -he South Hennepin Human Services Council . Motion carried unanimously. r D. WAFTA Board - Appointment of 1 Representative to serve a 1 year term commencing 1/1%82 MOTION: Edstrom moved, seconded by Bentley, to appoint George Kissinger as Representative to the WAFTA Board. Motion carried unanimously. VIII . ORDINANCES & RESOLUTIONS A. Resolution No. 82-01, designating the official meeting dates , time and place for the City of Eden Prairie Council members in 1982 and appointing an Acting Mayor MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 80-01,. designating the official meeting dates, time and place for the City of Eden Prairie Council members in 1982 and appointing Paul Redpath acting mayor. Motion carried unanimously. B. Resolution No. 82-02, designating the official City Newspaper City Manager Jullie said Norman Franks of the Prairie Register had requested additional time to review his proposed rate for legal notices which is referred to in Jullie 's memorandum of January 5, 1982. `i City Council Minutes -7- January 5, 1982 Stan Rolfsrud, publisher of the Eden Prairie News, spoke to the manner in which the "Happenings" would be published in the Eden Prairie News. Legal notices could be published on the back of the "Happenings" page, if the City so desired. Gary Welch, Rolfsrud' s partner, was also present. Norman Franks , publisher of the Prairie Register, addressed his ideas for publishing the "Happenings. " He noted the Prairie Register is sent to all Eden Prairie households. The "Happenings" page would be the inside center page and would therefore be a "pullout. " f Jullie said he had talked with the State Printer who had explained the way in which line rates are determined. The line rates must be approved by the State Prii►tc, , t1he Eden Prairie News has been issued a certificate, the Prairie r Register has not. City Attorney Pauly clarified what constitutes a legal newspaper according to State Statutes. MOTION: Edstrom moved, seconded by Redpath, to use the Eden Prairie News for the legal notices and the Prairie Register for the ":happenings. " Motion ` was withdrawn by Edstrom with Redpath's -consent. Bentley said he felt both the legals and the "Happenings" should be published in the Eden Prairie News based on the fact they would have the greatest degree of visibility. Tangen concurred and stated the Prairie Register does not have the identity the Eden Prairie News has . Penzel expressed concern about costs , identity, and tie fact the Prairie Register is a shopper. Rolfsrud said the Eden Prairie News is printed in Young America. Randy Franks, 6710 Vernon, Avenue South, Edina, Business Manager of the Prairie Register, said their paper is compiled in Eden Prairie , but printed in Shakopee. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 82-02, designating the Eden Prairie News as the official City newspaper. The "Happen- ings" will be published in the Eden Prairie News ; it will be published as the cover of what is now called "The Shopper"* with reminder on the front pane indi- cating the "Happenings" appears in a particular issue, and preferably the legal notices will be published on the back of the "Happenings" in issues where this is possible. Copies of the Eden Prairie News will be filed with the State His- torical Society. Motion carried unanimously. C. Resolution No. 82-03, authorizing City Officials to transact banking business MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-03, authorizing City officials to transact banking business. Motion carried unan-1- mously. *(which is distributed free of charge to all known non-subscribing residents of Eden Prairie. ) City Council Minutes -8- January 5, 1982 D. Resolution No. 82-04, authorizing use of facsimile signatures by Public Officials MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 82-04, authorizing use of facsimile signatures by public officials. Motion carried unanimously. E. Resolution No. 82-05, designating depositories City Manager Jullie explained there had been an informal agreement whereby the general fund would be maintained at the First State Bank for two years and then would be tranferred to Suburban National Bank for two years. MOTION: Redpath moved, seconded by .Edstrom, to adopt Resolution No. 82-05, designating the Suburban National Bank as the official depository for the public funds of the City of Eden Prairie. Motion carried unanimously. F. Resolution No. 82-06, authorizing the treasurer to invest City of Eden Prairie funds MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. f,1-06, authorizing the treasurer to invest City of Eden Prairie funds. Mot on carried unanimously. IX. REPORTS OF OFFICERS, BOARDS& COMMISSIONS A. Reports of Council Members There were none. B. Report of City Attorney S There was none. C. Report of City Manager r 1. Set March 16, 1982 as the date for a Referendum to allow the City to continue to sell iquor off-sale MOTION: Bentley moved, seconded by Redpath, to set March 16, 1982, as the date for a Referendum to allow the City to continue to sell liquor off- sale. Motion carried unanimously. 2. Appointment of City Attorney for 1982 NOTION: Bentley moved, seconded by Redpath, to appoint the Lang, Pauly, & Gregerson, Ltd. , law firm as City Attorney for 1982. Motion carried unanimously. City Council Minutes -9- January 5, 1982 3. Discussion of Winebpra Property Purchase Agreement City Manager Jullie said the original purchase agreement called for signing on February 15th and the Winebergs would like this date moved to January 20, 1982. MOTION: Tangen moved, seconded by Edstrom, to sign the purchase agreement for the Wineberg property on January 20, 1982. Motion carried unanimously. D. Report of Director of Community Services 1. Snowmobile operation on lakes and parks MOTION: Edstrom moved, seconded by Redpath , to adopt Resolution No. 82-16, designating snowmobile areas within the City of Eden Prairie with the following changes: delete from the "Frozen Waters" section: Duck Lake, Rice Lake and Grass Lake; add to the "Frozen Waters" sec- tion: Rice Marsh Lake. Motion carried unanimously. MOTION: Edstrom moved, seconded by Bentley, to give 1st Reading to Ordinance 82-02, relating to the operation of snowmobiles and amending Ordinance No. 148. Motion carried unanimously. 2. Status report on Community Center and request to approve Handicapped Fees MOTION: Tangen moved, seconded by Edstrom, to approve the recommendation of the Human Rights and Services Commission regarding Community Center fees for Senior citizens and handicapped participants: handicapped participants will receive a 50% discount when applying for an individual membership, group homes will receive a 50% discount on family memberships, and Senior citizens will receive a 50% discount on memberships . All applicants request- ing these discounts will be asked to show some type of documents Lion to qualify for same. Motion carried unanimously. X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Tangen moved, seconded by Bentley, to adjourn the meeting at 11:38 p.m. Motion carried unanimously. _... —. _ _�— _ — �_ %_ i' ' _1 Jim..� `j _ h,'F� ..._..•_..rAt_... !' _.— :d`y_