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City Council - 03/16/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL 31 TUESDAY. MARCH 16, 1982 7:30 PM, CITY HALL a. 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. I Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang N. Penzel PLEDGE OF ALLEGIANCE ROLL CALL : all members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following changes were made in the Agenda : III . E. Insurance commitment for AMBAC for the $18,000,000.00 tax increment financing bonds was removed from the Consent Calendar and became VII . C. 1. ; III . F. Amendment #1 to Economic Develop- 4L ment District No. 1. reducing the size of District No. 1. Resolution No. 82-56 was removed from the Consent Calendar and became VII . C. 2. The following item was added to the Agenda: VII . A. Penzel - 1. Speed Limits on Valley View Road and VII . A. Penzel - 2. Letter to Secretary of State Joan Growe. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. - II . MINUTES A. Minutes of the Joint City Council/Planning Commission/Parks , Recreation & Natural Recources Commission Meeting held Tuesday, March 2, 1982 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Joint City Council/Planning Commission/Parks , Recreation & Natural Resources Commission Meeting held Tuesday, March 2, 1982, as published. Motion carried unanimously. B. Minutes of the Regular City Council Meeting held Tuesday, March 2, 1982 MOTION: Tangen moved, seconded by Edstrom, to approve the Minutes. of the Regular City Council Meeting held Tuesday, March 2, 1982, as published. Motion carried unanimously. City Council Meeting -2- March 16, 1982 C. Minutes of the Special City Council Meeting held Tuesday, March 9, 1982 MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the Special City Council Meeting held Tuesday, March 9, 1982, as published. Motion carried with Edstrom abstaining. III. CONSENT CALENDAR A. Request authorization to prepare plans and specifications and advertise for bids for the construction of two tennis courts and a multi-use court at Staring Lake Park and at Hidden Ponds Park B. Authorize removal of Schaitberger House C. Award bids for selling and moving of the Wineberg House D. Request to set Public Hearing to consider liquor license for Canterbury Res- taurant, Inc. Chester' s for April 6, 1982 E. Insurance commitment for AMBAC for the $18,000,000.00 tax increment financinq bonds - becomes VII . C. 1. a F. m---dment #1 to Economic Development District No. 1 reducingthe size of District No. 1. Resolution No. 82-56 - becomes VII . C. 2. G. Final approval for Municipal Industrial Development Bonds in the amount of $2,000,000.00 for ITT Schadow Resolution No. 82-55 4L H. 2nd Reading of Ordinance No. 82-03, rezoning Mitchell Lake Estates from Planned Study to Office and approval of Developer's Agreement, 4.2 acres in southwest corner of TH 5JCo.Rd. 4; and Resolution No. 82-57, denying the 2nd Reading of Ordinance No. 80-01, rezoning from Planned Study to Office and RM 2.5 for COR I . Clerk' s License List J. Change Order for the Community Center - K. Receive petition for improvements to 76th Street west of W shin ton Avenue and authorize the preparation of a feasbility reports I .C,L 52-031 CResolution No. 82-52 L. Set Public Hearing for vacation of Titus Road north of West 78th Street for A rp i1 20, 1982, at 7 30 p.m. M. Authorize preparation of an updated feasbility report for Ontario Blvd. (connect- to existing Ontario Blvd. and Bittersweet Drive I.C. 51.-2986 eso- ution No. 82-53 N. Change Order No. 3 for Water Plant Addition, I.C. 51-354, Contract -ft; 4 0. Final plat approval for Mitchell Lake Estates 2nd Addition (COR project west of SuperAmerica)(Resolution No. 82-54 MOTION: Redpath moved, seconded by Bentley, to approve items A .- D and G 0 on I the Consent Calendar. Motion carried with Penzel voting "no" on item G. City Council Minutes -3- March 16, 1982 IV. PUBLIC HEARINGS A. FRANLO ROAD CONDOMINIUMS by Prairie Lakes Corporation. Request to rezone and preliminary plat approximately 13.3 acres from Rural to RM 2.5 for con- struction of two 3-story condominiums for a total of 172 units. Located west of Preserve Blvd. and north of Franlo Road (Ordinance No. 82-04 - re- zoning; Resolution No. 82-34 - preliminary plat) - Continued from February 16, 1982. Larry Peterson of The Preserve spoke to the proposal . He introduced Doug Moe of James R, Hill & Associates , architects for the project, who was available to answer questions. Peterson noted that in the original proposal i for The Preserve 4400 living units were projected of which 29% were to be z single family detached, 22% single family owner-occupied attached units and 45% a combination of elevator and garden apartments. The proposal before the Council this evening would bring the total number of units to 1682; with the addition of a proposal which will soon come before the Council , the total number of units in The Preserve will be about 1860. Of these 32% are single family detached, 45% are single family owner-occupied attached units , and 23% are rental knits (apartments. ) Planning Director Enger stated the Planning Commission had reviewed the proposal at its January 25, 1982, meeting at which time it recommended approval of the preliminary plat and rezoning from Rural to RM 2.5 by a 6-0 vote. Appro- val was subject to the recommendations included in the January 22, 1982, Staff Report. Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed the proposal at its February 1, 1982, Meeting and had recommended approval subject to the conditions included in the January 22, 1982, Staff Report with the addition that the tot lot would be constructed during the first phase of construction and when the second phase association is formed, the two homeowners' associations would assume mututal responsibility for the operation and maintenance of the tot lot. Edstrom asked if any consideration had been given to passive solar energy. Moe said this was not really feasibile with this many units. The building has been designed in excess of energy codes. Bentley inquired as to whether or not any diversity in type of buildings had been considered since there are serveral of this type under construction and/or proposed in The Preserve. He noted that this was another in a series of recent proposals by Preserve developers which involved veryalarge and massive appear- ing buildings. He inquired whether more architectural diversity couldn' t be introduced. He adided there is a certain institutional look about them. Peter- son said economics enter into the design; the color of the brick will be differ- ent. Bentley asked if anyone had contacted the owner of the property to the north about the grading plan for the site and its effect on that property. Peterson said they had and the grading plan does fit in with the overall plan for the Hennepin County Library. City Council Minutes -4- March 16, 1982 The question of storm drainage ponding was raised by Bentley. Moe said that portion of the project was planned by Jim Hill and he was not familiar with what was to be done. Enger said he would check further on what is scheduled. Bentley said at times Preserve Boulevard is inundated with water. Penzel asked if there are any plans to upgrade Preserve Boulevard. Juilie said a capital improvements program is under study and this will determine where state aid funds will be used; Preserve Boulevard is a state aid road. Penzel asked Moe about the parking proposed. Moe said there will be total of two parking spaces per unit; there will be 218 garage units and 126 out- a side units. There is room for additional parking should more be needed. l Edstrom noted the turning radius problem at the Preserve Boulevard and Schooner Boulevard intersection. He asked that the possibility of opening the "free right turn" which is partially connected be looked into by Staff. Edstrom asked the proponent to look into active solar energy alternatives. Penzel suggested perhaps solar energy might be used for domestic hot water. Bentley asked Staff to make a general review of parking requirements -- not only in conjunction with this proposal , but with others before the Council . Penzel requested the Developer's Agreement include a statement referring to L the fact the developer is willing to provide additional parking, if needed. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and the give 1st Reading to Ordinance 82-04, rezoning 13.3 acres from Rural to RM 2.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-34, approving the preliminary plat and directing Staff to draft a Developer's Agreement encompassing the recommendations included in the Staff Report, those of the Planning Commission and Parks, Recreation & Natural Resources Commission, and the recommendations of the Council . Motion carried unanimously. B. SHERATON INN (Eden Glen PUD) by P & L Investment Company. Request to rezone roam Rural to Regional Service Commercial District and preliminary plat the property for a Sheraton Inn which property is part of the Eden Glen Planned Unit Development. 5 acres located south and east of Eden Road and west of Glen Road (Ordinance No. 82-05 - rezoning; and Resolution No. 82-50 - prelim- _ inary plat. ) MOTION: Edstrom moved, seconded by Bentley, to continue this item to the April 6, 1982, meeting at the request of the proponent. Motion carried unanimously. i City Council Minutes -5- March 16, 1982 C. LAKE EDEN CARRIAGE HOMES by Zachman Homes, Inc. Request to rezone and pre- liminary plat 8.7 acres from Rural to RM 2.5 which land is part of the Eden- vale South Planned Unit Development (PUD 73-11. ) Included with the zoning are variances for setbacks and the use of wood as an exterior material . Located north of Anderson Lakes Parkway and east of Darnel Road (Ordinance No. 82-06 - rezoning , and Resolution No. 82-51 - preliminary plat. ) Steve Ryan, representing Zachman Homes, Inc. , addressed the proposal . The proposal is for 64 units of 8 - 8 unit condominiums . Ryan said the plan uses extensive berming and landscaping to screen the development from adjacent single family homes. The grading includes some cut and reusing the fill in the south- east part of the site. Director of Planning Enger said the proposal had been reviewed by the Planning Commission at its February 22, 1982, meeting at which time the Commission voted (5-0-1) to approve the request to rezone and preliminary plat the 8.7 acres. This approval was subject to the recommendations contained in the Staff Report dated February 17, 1982 with the changes as noted in the Planning Commission Minutes. Enger said comments from the Daluges whose driveway is across from the Darnel Road entrance to the site had been received; Enger and Director of Public Works Dietz had reviewed the problem at the site. Enger noted their findings. Director of Community Services Lambert stated the Parks , Recreation & Natural Resources Commission had reviewed the proposal at its March 1 , 1982, meeting and had voted to recommend approval subject to the recommendations of the February 17, 1982, Staff Report except that a tot lot, in its opinion, is not needed. Bentley asked what the distance is between the cul-de-sac and the proposed entrance from Darnel Road into the proposal . Enger said 110` . Bentley asked why the entrance does not line up with the cul -de-sac. Enger said that would have put the roadway on the lot line with the house to the north. Edstrom asked what the impact would be on Anderson Lakes Parkway from the traffic generated by this development. Dietz said no problems are-antici- pated; single family driveways onto Anderson Lakes Parkway are discouraged. Penzel said he did not. think the parking as proposed is adequate. Ryan stated they have found it to be more than adequate in other areas within the metro- politan area. Willard Daluge, 8795 Darnel Road, owner of the home Vrhich would be most affected by the north entrance to the property, would like to see all traffic confined to the Anderson Lakes Parkway entrance. John Lillicrap, 8579 Darnel Road, presented a petition from the Lake Eden and Ridgewood residents (petition is attached to these minutes. ) In addition to the issues raised in the petition, Lillicrap said residents are concerned about the color of the buildings, the parking, and the tot lot. City Council Minutes -6- March 16, 1982 Barbara Hopson, 8770 Darnel Road, asked what provision there is for storage of boats, snowmobiles and the like. Ryan said the garages are longer and there is space available within each unit for storage. He stated it is not practical or economically feasible for a builder to provide storage for everthing. The homeowner's association will have documents covering outside storage. The question of on-street parking was discussed. The location of the off- street parking within the proposal was questioned by members of the Council and areas where additional parking might be included was discussed. Bob Lamoreaux, 8905 Danel Road, noted if Anderson Lakes Parkway is widened to four-lanes, the berm on the southern part of the site will have to be removed. Enger stated the berm can be built on private land and not in the right-of-way. Edstrom asked if Anderson Lakes Parkway is scheduled to be a divided parkway with a center median. Dietz said nothing has been designed as yet and judging from the traffic counts one is not necessary at this time. Edstrom inquired as to the guidelines for building totlots in view of the fact that the Planning Commission requested one and the Parks , Recreation & Natural Resources Commission indicated one was not necessary. Enger said the Planning Commission had gone on the premise that one tot lot is necessary for every 50 units particularly so in an area where there is little individual space for children. Ryan said the units will be about 870 square feet, two bedroom units; they have found that these units have very few children in them. ,,. 0. W. Cornett, 8745 Darnel Road , noted if Anderson Lakes Parkway is a divided highway it would force more traffic onto the northern entrance and consequently s onto Darnel Road. Joe Gorning, 8813 Darnel Road, said he is tired of living with construction messes and wondered how long this will continue. David Ness, 8920 Darnel Road, said he is concerned about the emergency vehicles being able to get in and out of the area of.the carriage homes if parking is allowed on the interior street. 1 Daluge said his property would have no protection and would get all the debris from the proposed area. He also expressed concern about the noise which would be generated. Lillicrap asked if all the units had to be the same polor. Ryan said it is a small number of buildings and they would like to have them all the same color. Redpath suggested the developer meet with the neighbors to determine a color which would be acceptable to both sides since they are the ones who would have to live with the decision. Lillicrap asked if the City is certain a school will be built to the east of the site. Penzel said there is no way, from a legal standpoint, that the City can made that determination -- that is a School Board decision. I City Council Minutes -7- March 16, 1982 Tangen asked when the Lake Eden Park would be developed. Lambert said the Apr Park has been graded and will be seeded this Spring. A ball field has been IL developed on the school site. Playground equipment will be installed this summer on the west end of the park site. Bentley asked how Ryan would respond if no berm was allowed on City right-of- way but still required; if no parking was allowed on the interior road but adequate parking had to be provided; and if the northern entrance were to be realigned. Ryan said he had no problems with redesigning the berm, solutions to the question of parking can be looked into -- as to whether or not parking is adequate becomes a subjective question; the impact of traffic ,no matter where the entrance, is going to affect at least one residence on Darnel this has been studied in great detail . Edstrom expressed concern about Anderson Lakes Parkway traffic. Redpath said he is concerned about parking -- he would not like to see any amenties taken away from the project. Tangen said perhaps credit for curb side parking could be deleted. He also concurred the tot lot could be eliminated. MOTION: Redpath moved, seconded by Tangen, to continue this item to the April 6, 1982, meeting so the issues raised this evening might be clarified. Motion carried unanimously. D. COMMUNITY DEVELOPMENT BLOCK GRANT (C. D.B.G. ) A public hearing to obtain the views of citizens on local and urban County housing and community development needs and to provide citizens with the opportunity to comment on the Urban Hennepin County Statement of Objectives/1982 and the City of Eden Prairie' s I proposed use of Year VIII Urban Hennepin County Community Development Block Grant Funds. City Manager Jullie noted the purpose of the public hearing is to assist the Council in determining the disbursement of $66,000 in funds. Planning Director Enger stated the Planning Commission recommended the following allocation of funds: $26,000 to the restoration of the Cummins-Grill House, $5,000 to be allocated to the low and moderate income single family rehabilita- tion program, and the remainder to be banked toward the elderly housing develop- ment fund. The Parks , Recreation & Natural Resources Commission recommended a matching fund be set up for up to $50,000 towards the restoration of the Cummings-Grill House and that be availabe to be matched one for two up to $100,000 in private contributions; they also suggested the remainder be banked for senior citizen elderly housing. The Human Rights & Services Commission suggested the money be banked for the provision for glderly housing or be used to maintain projects which have �lready been funded with Community Development Block Grants such as parks, trails, senior center; or to have the money spent on local projects which have been or might have to be cut due to funding cut- backs. The Historical & Cultural Commission has recommended the entire use of the $66,000 for the restoration of the Cummins-Grill House. Enger recommended the grant be used as a development incentive for elederly housing and that the entire amount be banked for elderly housing. City Council Minutes -8- March 16, 1982 Tangen asked how much would be needed for an elderly housing project in the City. Enger said it would be hard to provide rental housing for the elderly at this time due to the high interest rates . The $266 ,000 might be used to provide utilities to the site or it might be used to purchase land, but it would be used as a means of bringing down the cost of the project. Bruce Brill , 7041 Willow Creek Road , chairman of the Historical & Cultural Commission, spoke to the Commission 's request for establishment of a Restora- tion Committee. He said they would like 1) an ad hoc committee to restore the Cummins-Grill Homes; 2) to form a group within this committee to raise the funds necessary to restore the House; and 3) to have $66,000 in funds from the Community Development Block Grant allocation for restoration of the Cummins- Grill House. MOTION: Redpath moved, seconded by Bentley, to create a Restoration Committee of nine people. This Committee will be responsible to the Council . The Commit- tee will send all recommendations to the Historical & Cultural Commission for their concurrence before forwarding same to the Council . Sandy Werts will be the Staff liaison. Motion carried unanimously. Helen Richter, 7571 Bittersweet Drive, member of the Historical & Cultural Commission, questioned the need for two historical houses. She expressed concern about the financial burden this might create for the City. She noted that Bloomington has one historical house , Edina has one which is in private ownership, and Minnetonka has one. Bentley said there was no chance to save anything in Bloomington, the bulldozers moved very fast. Redpath said if there is a group of people willing to put the effort into seeing the Cummins-Grill House restored, it should be given the opportunity to do so. Brill said the Committee feels it can raise $100,000. MOTION: Tangen moved, seconded by Edstrom, to authorize the Restoration Committee to raise funds for the restoration of the Cummins-Grill House. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to authorize Staff to get bids on a sawed shingle roof for the Cummins-Grill House and to disburse up to $15,000 for a new roof. Motion carried unanimously. Tangen asked about the program for rehabilitation of low and moderate income single family homes. Enger said this program is largely to make homes more energy efficient and although it has not been used extensively it has been utilized. a Redpath noted that Southwest Hennepin Human Services has a H.O.M.E. program which serves Eden Prairie and has requested $2500. This program provides ser- vices such as changing storm windows , minor repairs, etc. , to senior citizens at a low cost provided by other senior citizens. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to allocate $15,000 for the roof at the Cummins-Grill House, $5,000 for the program to rehabilitate low and moderate income single family homes , $2500 for the H.O.M.E. program, and $43,500 for the development of elderly housing. Motion carried unanimously. ___ _ City Council Minutes -9- March 16, 1982 V. PAYMENT OF CLAIMS NOS. 10788 - 11030 CMOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 10788 - 11030. Roll call voter Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request for establishment of a Restoration Committee. See item IV. D. VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - 1. Speed Limits on Valley View Road: Penzel stated he had received as letter from Wendy Heimbuch, 18860 Harrogate Drive, requesting the speed limit on Valley View Road east of Hidden Ponds I be raised. The matter was referred to City Manager Jullie for his recommendation. s 2. Letter to Secretary of State Joan Growe: A letter has been Written to Secretary of State Joan Growe regarding the discrepancies in the reapportion- ment plan. A copy of the letter is attached. MOTION: Tangen moved, seconded by Redpath, to have all members of the Council sign the letter. Motion carried unanimously. B. Report of City Attorney ' Penzel stated City Attorney Pauly wishes to meet in closed session with the Council after tonight's meeting to discuss settlement of pending litigation. C. Report of City Manager 1. Insurance commitment for AMBAC for the $18.000,000.00 tax increment financing bonds - (formerly III . E. William Fahey, Ehlers and Associates , stated this insurance made the bonds salable. Negotiations have been going on with AMBAC to reduce the rate of the insurance. Arlin Waelti and Dick Graves, representing O'Connor & Hannan, were also present. MOTION: Edstrom moved, seconded by Bentley, to authorize the Mayor and City Manager to sign the formal application for the insurance on the bonds. Motion carried unanimously. w .. .0 d - � .: ra"y'+" aa: <5"nd'E'�.i7•�" ,I'a 1,: '� City Council Minutes -10 March 16, 1982 2. Amendment #1 to Economic Development District No. 1 reducing the size of District No. 1 Resolution No. 82-56 - formerly III . Arlin Waelti , O' Connor & Hannan, spoke to the need for the Amendment which will eliminate those parcels on which: there is no development. z Fahey noted this will probably be an on-going process. Waelti said there is the need for a meeting to amend the District prior to the final sale of the bonds. City Manager Jullie suggested March 30th as a date. 1 MOTION:. Tangen moved, seconded by Redpath , to set March 30, 1982, at E 6:30 p.m. as the date and time for a special meeting of the City Council . 4 MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-56 , calling for a Public Hearing for the modification of the development program f for Development District No. 1 and the Tax Increment Financing Plan for the r Economic Development Tax Increment District therein and for the establish- ment of proposed Tax Increment District No . 2 and the adoption of a tax increment financing plan relating thereto. Motion carried unanimously. r D. Report of Director of Community Services 1. Policy on Racquetball Leagues at Community Center Director of Community Services Lambert spoke to his memorandum of March 11, 1982, in which the policy on racquetball leagues was discussed. The consensus of the Council was to go with the recommendation of the Parks, Recreation & Natural Resources Commission: racquetball leagues should be made up of only people who live or work in Eden Prairie and that leagues would only be offered during non-prime time hours. 2. Approve bids for Staring Lake Park Shelter Andre Latondresse, representing the architect for Staring Lake Park Shelter, discussed the various alternatives open to the City. MOTION: Edstrom moved, seconded by Tangen, to authorize Staff to nego- tiate with the low bidder alternatives to reduce the cost of. the..Stari.ng Lake Park Shelter including exterior wall materials and exterior painting; and to award the bid to Hasting Builders. Roll call vote; Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VIII. NEW BUSINESS There was none. i City Council Minutes -11- March 16, 1982 3 The Council recessed to meet as the Canvassing Board. Upon adjournment of that meeting, the Council reconvened in private session to discuss settlement of pending litigation. MOTION: Redpath moved, seconded by Tangen, to instruct Staff to settle the litigation (Jankes vs. City of Eden Prairie, et al ) as set forth in the March 12, 1982, letter from Attorney Herbert C. Davis. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. E IX. ADJOURNMENT i MOTION: Redpath moved, seconded by Penzel , to adjourn the meeting at 11:40 p.m. Motion carried unanimously. 4 i i 4 i _. r F. . p