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City Council - 01/19/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 19, 1982 7:30 PM, 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, Director of Public Works Eugene A. Dietz, and Recording. Secretary Karen Michael e INVOCATION: Councilman George Bentley 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: X. A. 1. Bentley: Eden Prairie Chamber of Commerce Housing Committee Report; X. C. 1. Petition for Speed Limit Reduction on County Road l; and X. D. 5. Grand Opening of Community Center. -- ;. The following change was made: IX. A. Resolution calling for sale of bands i for February 16, 1982 - change date to March 2, 1982. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as amended and published. Motion carried unanimously. II . MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, January 5, 1982 p. 3. para. 6. line 2: change "topographic high" to "hill '; p. 3. para. 8, beginning with line 1: change "roadway shown as a long cul -de- sac to Townline Road. This could also be used for construction traffic in a later phase. '' to read "main road rough grading as shown as a connection to Townline Road. This could also be used for construction traffic and completed at a later phase." p. 3. , last para. , line 2: change "make" to "require;" and also p. 3. last para. , the following added before the last sentence: "Fenzel requested review of grading plans which substantially would reduce cuts and fills and respect the natural character of the site to a greater extent. " __ - City Council Minutes -2- January 19, 1982 p. 7, para. 7, line 3: change the period following "Eden Prairie" to a comma and add "but printed in Shakopea." P. 7. para. 8, line 4: add an asterisk following "The Shopper"* and the following paranthetical phrase at the bottom of the page "*(which is distributed free of charge to all known non-subscribing residents of Eden Prairie. )" MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the January 5, 1982, regular Council meeting as amended and published. (lotion carried unanimously. B. Minutes of the Special City Council Meeting held Tuesday, January 12, 1982 p. 2. , reference to p. 31: add "including fees for such I .D.s." MOTION: Bentley moved, seconded by Tangen, to approve the minutes of the Special Council meeting held Tuedsday, January 12, 1982, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR y A. Clerk' s License List B. Approval of Kinder-Care Learning Center Developer' s Agreement. for a day care in an office district located north of TH 5 and east of Chester's Restaurant 4LC. Receive feasibility report for Autumn Woods Phase I and adjacent property, and set Pub is Hearing for February 16 1982 at 7:30 .m. , I .C. 52-016A. Located south of Rymarland Camp and east of TH 101 Resolution No. 82-18) D. 2nd Reading of Ordinance No. 82-02, relating to the operation of snowmobiles and amending Ordinance No 148 E. Red Cross Request MOTION: Redpath moved, seconded by Bentley, to approve items A E on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Feasibility of Major Center Area roadway improvements, Valley View Road and Schooner Boulevard, Improvement Contracts: 51-308A, 51-308C 51-335 51-304A and 51-398 Resolution No. 8 -07, ordering improvements; Resolutio No. 82-12 SAW,negative declaration) City Manager Jullie said official notice of the Public Hearing had been pub- lished in the Eden Prairie News on January 7 and again on January 14, 1982. Copies of the notice had been mailed to all property owners whose names appear on the preliminary assessment rolls. City Council Minutes -3- January 19, 1982 Jullie introduced representatives from the consulting engineering firms , AW Gary Erickson of Bennett, Ringrose, Wolsfeld, Jarvis , Gardner, Inc. (BRW) and Peter Knaeble of Rieke, Carroll , Muller Associates Inc. (RCM) , who were present to answer questions. Director of PUblic Works Eugene Dietz gave an overview of the project; out- lining various phases of the proposal , costs, and timelines. Penzel called attention to the letters which had been received regarding this project (these letters are attached to the minutes): William J. Bearman , Walter S. Carpenter (Minnesota Tree) , Minnesota Vikings , and a phone message from Charles Blesener. Mary Prochaska, Menard's, questioned the Menard's assessment. Dietz said he i would check on this and noted dimensions were taken from records which will be further checked. Dick Vohnoutka, 8541 Flying Cloud Drive, had questions about the property across TH 169 from his. Dietz explained this was included in a different project area from the Vohnoutka property and that is why that information was not included in the information sent to him. Vohnoutka asked how many single family homeowners were included in the assessment area. Dietz said 26 were included. Vohnoutka questioned right-of-way acquisition. Jullie explained some of the property would be donated. a Bill Bearman, 9955 Valley View Road , questioned the benefit he would receive from the improvements being made to Valley View Road. He also asked when 4Lthe assessment hearing for this project would be held. Jullie said the first assessment hearing may be this Fall depending on how much progress has been made; Fall of 1983 would be the latest. Jullie noted that existing homesteaded single family homes are proposed to be excluded from the assessment district until development/rezoning, with interest accruing not to exceed 50% of the principal . Bearman asked when the projects would be completed. Dietz said those begun in the Spring of 1982 should be operable in 1983. Ralph Nesbitt, representing the Eden Prairie Presbyterian Church , questioned how the Church would benefit from the ring route. Penzel said the concept is that improved access to the Major Center Area will benefit all the proper- ties in the area whether they are commercial or not. Penzel added that a letter from the Church Board might 4e in order expressing its views and concerns. Joe Lawler, 7621 Ontario Boulevard, asked what the plans are for Valley View Road west of Mitchell Road. Penzel said the City's transportation plan since 1968 has shown Valley View Road as a major thoroughfare/collector street from the eastern boundary to the western boundary of Eden Prairie; however, the matter of financing has precluded this improvement especially since the rail- road bridge would be very costly. Pete Rasmussen, 13100 Valley View Road, asked about access to the area in which he lives. Tom Vohnoutka, 8591 Flying Cloud Drive, asked about the single family home deferment. Dietz noted single family homes are proposed to be excluded from the assessment district until development or rezoning occurs. Interest would accrue during this period, but would not exceed 50% of the principal . City Council Minutes -4- January 19, 1982 Dick Vohnoutka asked why the residential properties are being assessed at the same rate as the commercial when only the commercial properties will benefit from the improvements. Penzel explained Schooner Boulevard had been paid for by those benefiting from that improvement. Redpath noted the prop- erties adjacent to the Major Center Area will be more valuable once the improvements under discussion are made and this must be taken into consideration. MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 82-07, ordering improvements 51-308A. 51-308C, 51-335, 51-340A and 51-398, utility and street improvements on Valley View Road and Schooner Boulevard. Motion carried unanimously. MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-12, finding the environmental assessment worksheet for MCA Road improvements does not require an environmental impact statement. Motion carried unanimously. B. Vacation of 72nd Street West between County Road 4 and Duck Lake Road Resolution No. 82-17 Director of Public Works Dietz addressed the rationale for vacating West 72nd Street between County Road 4 and Duck Lake Road, MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 82-17, vacating a portion of 72nd Street West between Country Road 4 and Duck Lake Road. Motion carried unanimously. .. V. PAYMENT OF CLAIMS NOS. 9989 - 10215 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos. 9989 - 10215. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel f voted "aye" with Edstrom abstaining on Claims Nos. 10116 and 10132. I VI . REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - Confirmation of appointments to the Human Service Needs Board. MOTION: Redpath moved, seconded by Bentley, to confirm the appointment of the following people to the Human Service Needs Board: Marcia Lockman, Larry Simenson, Keith Scott, Curt Connaughty, Pat Breitenstein, Lee Wenzel , Mary Hayden, and Jan Flynn. Motion carried unanimously. VII. APPOINTMENTS A. Suburban Rate Authority - Appointment of 2 Representatives to the Suburban Rate Authority epresentative as Director and the other Alternate Direc- tor) Resolution No. 82-22 MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-22, designating John D. Frane as a Director of the Suburban Rate Authority and Dr. George Tangen as Alternate Director of the Suburban Rate Authority for the year 1982. Motion carried unanimously. City Council Minutes -5- January 19, 1982 VIII . PETITIONS, REQUESTS & COMMUNICATIONS A. Eden Prairie Center 3rd Addition by Bai- Mil Search Group. Request for PUD Development Plan approval and preliminary plat approval of Lot 3 zoned C- Reg-Ser into 3 lots and construction of a bank facility on 1 of the lots. Located north of Schooner Boulevard and west of the Franlo Road entrance to the Eden Prairie Shopping Center (Resolution No. 82-21) David Shea representing Bar tail Search Group presented the proposal to the Council . f Planning Director Enger said the Planning Commission had reviewed the proposal at its January 11, 1982 meeting and had voted (7-0) to recommend its approval subject to the recommendations contained in the January 8, 1982, Staff Report. In addition the Planning Commission recommended the building be a bank facility only. Penzel asked what prospectiveuses are to the west of this site. Enger said the original PUD intends a commercial center to the west of this parcel ; to the northwest a grocery store is shown. :i Bentley inquired if this approval is for the one parcel or for the larger i area. Enger explained it is a request for an amendment to the PUD. Tangen asked if the parking was consistent with other facilities of this type. Enger said it is. 1 MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-21, approving the preliminary plat of Eden Prairie Center 3rd Addition. Motion carried unanimously. B. County Road 60 by Hennepin County. Request for plan approval for County Road 60 Project No. 7915) , from County Road 39 to Valley View Road (Resolution No. 82-19) Director of Public Works Dietz spoke to the proposed changes to be made by the County in this project. Vern Genzlinger, Hennepin County Department of Transportation, was present to answer questions . Fred Hoisington, representing St. Andrew Church , noted the Church's interest in the project. Pastor Rod Anderson was also present. Genzlinger said the bids would be let June 15, 1982 and the County would hope the project would be completed by Winter. MOTION: Bentley moved, seconded by Redpath, to adopt -Resolution 82-19, approving plans for CSAH 60 from CSAH 39 to Valley View Road. Motion carried unanimously. City Council Minutes -6- January 19, 1982 i IX. ORDINANCES & RESOLUTIONS A. Resolution calling for sale of bonds for March 2, 1982 (Resolution No. 82-23) William Fahey of Ehlers and Associates, Inc. addressed the Council regard- ing the bond sale. He noted the plan which the Council had previously adopted had a proposed cost of $19,075,000; the plan being proposed this evening has an estimated cost of $18,878,000. The capitalized interest in "The Plan" adopted by the Council was $3,800,000; tonight's proposal is $3,543,750. Total project cost per "The Plan" was $22,875,000; per this proposal it is $22,421 ,750. Fahey noted the plan as presented this evening proposes the sale of $18,000,000 in general obligation tax increment bonds to finance $18,878,000 of capital costs. The maturity schedule for this issue will cover the years 1985-2000. It is Fahey's opinion the issue will require insurance -- the primary benefit of which will be the City's ability to attain a AAA rating by Standard and Poor's and an A rating by Moody's. The insurance will cost 3/4 of 1% of the principal and interest with the premium estimated to be $318,000. The cost of the premium will be saved, plus an additional 1/2-3/4 of 1% with the AAA rating. The insurance will almost guarantee the sale of the bonds which is important since the bond market is not good at this time. Fahey noted the security for these bonds is the tax increments, the two mill tax levy, the $3,363,000 in special assessments, and the City's general obligation pledge. In addition, tax increments from future development would be used and have not been taken into account. Edstrom asked about the redemption dates. Fahey said we would reserve the right to call any of the bonds in 1989 in inverse order. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution 82-23, calling for the sale of bonds on March 2, 1982. Motion carried unanimously. MOTION: Edstrom moved, seconded by Tangen, to provide insurance for the bonds, the premium for which will be 3/4 of 1% of the principal and interest or approximately $318,000. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS i A. Report of Council Members r 1. Bentley: Eden Prairie Chamber of Commerce Housing Committee Report Bentley called the Council 's attention to the Report which had been released this week. He recommended the Report be forwarded on to the recently appointed Housing Task Force which will meet on January 20. MOTION: Edstrom moved, seconded by Redpath, to forward the Eden Prairie Chamber of Commerce Housing Committee Report on to the Housing Task Force and to thank the Chamber and the Committee for its work on the Report. Motion carried unanimously. , City Council Minutes -7- January 19, 1982 s 3 B. Report of City Attorney x City Attorney Pauly reported on the communication he had .received from the attorney for the Prairie Register protesting the appointment of the Eden Prairie News as the City's official newspaper. Pauly said he had spoken to the attorneys for both newspapers and requested they both submit evidence toward the factual requirements of the Statutues which were discussed. Pauly hopes to have this material evaluated by the first meeting in February. C. Report of City Manager 1. Petition for Speed Limit Reduction on County Road 1 (Resolution No. 82-24) City Manager Jullie said a petition had been received from the Mill Creek Townhouse Association Directors asking appropriate action be taken to lower the speed limit on Pioneer Trail (Hennepin County 1) between TH 169 and County Road 18. Jullie noted appropriate action in this case would be to request a study by the County. MOTION. Redpath moved, seconded by Bentley, to adopt Resolution No. 82-24, requesting a speed survey and related studies for County Road 1 from'TH 169 to County Road 18. Motion carried unanimously. D. Report of Director of Community Services 1. City Trail System Plan Update (continued from 12/1/81) Director of CommunityServices Lambert called attention to the Plan � for the City's Trail System which was included in the Council packet. Bentley asked if the trails could be color coded on the map which will be made available to City residents. Lambert said it would be. Tangen inquired about a trail connection between Cardinal Creek and the Topview area. Lambert said none had been formally resolved. Tangen said he would like to see this connection made. Bentley expressed concern that some trails cross streets. He would like to see consistency. Lambert said this is attempted, but in some areas it is not possible due to topography, acquisition problems (cost) , or various other-factors. MOTION: Redpath moved, seconded by Edstrom, to adopt the City Trail System Plan Update. Motion carried unanimously. City Council Minutes -8- January 19, 1982 2. Neighborhood Park Shelter Program (continued from 12/1/81) Director of Community Services Lambeert stated the architect had a pre- vious engagement and could not be at tonight's meeting. Lambert outlined the various proposals for neighborhood park shelters. At its January 18, 1982 meeting the Parks, Recreation &Natural Resources Commission voted to recommend the mid-range ($20,000) shelter which could be adapted for expansion in the future. The merits of each of the shelter options were discussed. MOTION: Redpath moved, seconded by Bentley, to accept the recommendation of the Parks, Recreation & Natural Resouces Commission and to enter into an agreement with the architect to have him design a neighborhood park shelter with four variations, each with an estimated cost of $20,000. Motion carried unanimously. 3. Tax Forfeited Lands (Resolution No. 82-20) MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-20, authorizing the acquisition of tax forfeited land for public open space and road right-of-way. Motion carried unanimously. 4. Staring Lake Park Shelter Director of Community Services Lambert reported the Parks, Recreation & Natural Resouces Commission had approved the schematic design for the Staring Lake Park Shelter at its meeting last evening. MOTION: Redpath moved, seconded by Bentley, to approve the schematic design and authorize the architect to proceed with plans and specifica- tions for the Staring Lake Park Shelter. Motion carried unanimously. ' 5. Grand Opening of Community Center MOTION: Tangen moved, seconded by Penzel , to schedule the Grand Opening of the Eden Prairie Community Center for February 28, 1982, from 1-4 p.m. Motion carried unanimously. XI. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 9:58 p.m. Motion carried unanimously.