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HomeMy WebLinkAboutCity Council - 06/01/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 1 , 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen i COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Works Eugene A. Dietz , and Recording Sec- retary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE c ROLI CALL: Councilman Dean Edstrom was absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Redpath moved seconded by Bentley, to approve the Agenda as published. Motion carried unanimously. II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY , MAY 4, 1982 Page 8, para. 1 , last line: change "built" to "designed" . Page 8, para. 9, line one: change "little" to "moderately" ; line 4, change "little" to "moderately" . Page 14, last line: change "He" to "Bearman" . Page 15, second line of "Motion" under item C. : change "site" to "cite MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the City Council meeting held Tuesday, May 4, 1982, as amended and published. Motion carried unanimously. III . CONSENT CALENDAR A. Set Public Hearing for Easement Vacations in Bryant Lake Office Park for 7:30 { p�m.,on Juy`6, 1982 B. Set Publis _Hearin_q_for excess Easements to be vacated adjacent to Anderson Lakes Parkwqy for 7:30_p.m. on Jul_ 6, 1982 C. Request to set Public Hearing for Municipal Industrial Development Bonds in the amount of �l70,000.00 for P & L Investment Co. Sheraton Inn for Jul 6, 1982-Tke'solution No. 82-119 ,A City Council Minutes -2- June 1 , 1982 M D. Final Plat_ approval for Cooperative Power Association (Resolution No, 82-120) E. Clerk's License List F. 2nd Reading to Ordinance No. 82-12, amending Ordinance No. 78-36, ordinance 1 establishing the Flying Cloud Airport advisory Commission of Eden Prairie G. Northern States Power Relocation Agreement (Resolution No. 82-125) H. Metropolitan Waste Control Commission Permit Application - Westwood Industrial Park, I .C. 52-015 solution No. 82-128 I . Resolution No. 82-118, authorizing the submission of Community Development Block Grant Activities to Hennepin Coun ty as art of Year VIII J. Tax Forfeited Lands (Resolution No. 82- 127) K. 2nd Reading of Ordinance No. 82-08 and approval of Deer Creek First Phase_ Developer' s Agreement for rezoning 26 acres from Dural to R1-13.5 for 64 homes. Located east of Mitchell Road and south of Morgan Lane. L. 1st Reading of Ordinance No. 82-13, amending Park Use Ordinance MOTION: Redpath moved, secorded by Tangen, to approve items A - L on the Consent Calendar subject to the revision of the indemnification portion suggested by City Attorney Pauly on item "G" . Motion carried with Bentley voting "no" on item IV. PUBLIC HEARINGS A. Hold Public Hearing for vacation of easements in Cardinal Creek 2nd Addition peso-cation No. 82-113 - c6nt Hued from May 18, 1982 1. CARDINAL CREEK 5th ADDITION by Gregory D. Gustafson & Associates. Request to replat LotsT10 and 11, Block 2, Cardinal Creek 2nd Addition and vacate utility and drainage easements (Resolution No. 82-102 — plat) - continued from May 18, 1982 City Manager Jullie stated there were three issues to be resolved after the May 18th meeting. These were: 1) adequate water to serve the area , 2) looping of water mains , and 3) walkway. He went on to indicate the water pressure problem had been resolved .=- a smaller nozzle than should have been used was used to test the pressure originally. Soil conditions are such (very poor) that it is suggested looping be deleted at least for any time in the near future. Greg Gustafson has agreed to provide the easterly 10' of Lot 11 for a walkway/trail connection. He would like it understood that this would be a connection and there would not be trails on two sides of the property. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 82-113, vacation of drainage and utility ease- ments . Motion carried unanimously. 2 City Council Minutes -3- June 1 , 1982 i MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-102, approving the preliminary plat of Cardinal Creek 5th Addition. Motion carried unanimously. B. CARDI_NAL CREEK 3rd ADDITION by Gustafson & Associates . Request for approval of a preliminary plat and rezoning from Rural to RM 6.5 for 16 acres for con- struction of 1 tri-plex and 17 duplex buildings of the property which is part of Cardinal Creek PUD 72-01. Included in the Public Hearing on the proposed rezoning will be the consideration of granting of variances pursuant to Sec. 11, Ord. 135 from the provision of said Ordinance applicable to the RM 6. 5 District. 16 acres located east of Cardinal Creek 2nd Addition and Nine Mile Creek and west of 1-494 (Ordinance No. 82-11 - rezoning; and Resolution No. 82- 100 - preliminary plat) - continued from May 18, 1982 City Manager Jullie said the water pressure problem had been resolved as noted in the previous action. MOTION: Redpath moved, seconded by Bentley , to close the Public Nearing and to give lst Reading to Ordinance 82-I1, rezoning from Rural to RM 6.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adapt Resolution No. 82-100, approving the preliminary plat of Cardinal Creek 3rd Addition. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft the Developer' s Agreement including the recommendations in the Staff Report and those of the Planning and Parks, Recreation & Natural Resources Commissions. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 1938 - 2152 MOTION: Bentley moved, seconded by Redpath, to approve Payment of Claims Nos . 1938 - 2152. Roll call vote: Bentley, Redpath , Tangen and Penzel voted "aye." Motion carried unanimously. VI .' REPORTS OF ADVISORY COMMISSIONS There were none. VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request for approval of the First Amendment to Agreement No. 2291 covering Hennepin Cosntyy's lease of real property for librar purposes MOTION: tientley moved, seconded by Tangen, to approve the First Amendment to Agreement No. 2291 covering Hennepin County's lease of real property for library purposes. Motion carried unanimously. -. City Council Minutes -4- June 1, 1982 VIII . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 81-31, rezoning from Rural to I-5 8.3 acres for construction of an office warehouse building by SGL, Inc. , located south of of Eaton Charynn and north of Eden Prairie United Methodist Church and Developer' s Agreement Don Goetzman, representing SGL , stated neither of the parties which had been q interested in the property has made a decision regarding the property. Goetz- man asked that sewer and water be connected into the property regardless of whether they get the zoning or not at this time. MOTION: Bentley moved, seconded by Redpath, to deny 2nd Reading of Ordinance 81-31, rezoning from Rural to I-5, by SGL , Inc. Motion carried unanimously. Penzel suggested the Council waive the one year r-,application requirement, assuming there will be another proposal for this property. City Attorney Pauly said it might be easier if the proponent were to withdraw his application. Goetzman said he would withdraw his rezoning request. MOTION: Bentley moved, seconded by Redpath , to reconsider denial of the 2nd Reading; to rescind the action of denial and to accept the proponent' s move to withdraw the request. Motion carried unanimously. B. 2nd Readi__g_of Ordinance No. 80-31, rezoning approximately 40 acres from 6. 5 to R1-13. 5 for [dengate single family Catco , Inc. , and Developer's Agreement. Located in the northwest corner of Duck Lake Trail and Dell Road . MOTION: Bentley moved, seconded by Redpath , to give 2nd Reading to Ordinance No. 80-31 , rezoning approximately 40 acres from 6. 5 to R1-13.5 for Edengate. Notion carried unanimously. C. 2nd Reading of Ordinance No. 81-29, rezoning 1 .2 acres from Planned Study to Highway Commercial for Standard Oil Company and Developer's Agreement. Located in the northwest corner of Duck Lake Trail and Dell Road . MOTION: Tangen moved, seconded by Bentley, to deny 2nd Reading of Ordinance No . 81-29, rezoning 1.2 acres from Planned Study to Highway Commercial for Standard Oil Company. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COM.MISSIONS A. Report of Council Members 1 . Aopointment of 1 representative to the Parks , Recreation & Natural Resources Commission to fill an unexpired term to 2/28/85 i The names of Bob Gartner, Gary Gonyea, Allen Upton, and Diane L. Gramling were placed in nomination. Upon tabulation of the ballots Gary Gonyea was elected to serve. l- MOTION : Bentley moved, seconded by Redpath, to cast a unanimous ballot for the appointment of Gary Gonyea to serve as representative to the Parks, Recreation & Natural Resources Commission to fill an unexpired term to 2-28-85. Motion carried unanimously. City Council Minutes -5- June 1, 1982 s 2. Appointment of I representative to the Human Rights & Services Commission_ to fill an unexpired term to 2/28/83 MOTION: Bentley moved, seconded by Tangen , to continue action on appoint- ment of 1 representative to the Humans Rights & Services Commission to June 15, 1982. Motion carried unanimously. B. Report of City Manager 1. Approval of Joint Powers Agreement with Richfield for Radio Communications City Manager Jullie spoke to his memorandum to the Council dated Play 27, 1982 , in which he recommended approval of the "Joint and Cooperative Agreement for Public Safety Radio Dispatching Service" with the City of Richfield. Bentley stated he would like to see a Council member on the Commission since it is a policy making board. Penzel said the only question would be whether or not a Council representative would attend the meetings. City Attorney Pauly said the Agreement could have an addendum if the Council wished which would be subject to approval by the Richfield Council . MOTION: Redpath moved, seconded by Tangen, to adopt the "Joint and Coop- erative Agreement for Public Safety Radio Dispatching Service" with the City of Richfield with an addendum which would allow for a representative of each of the City Councils. Roll call vote: Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. 2. Set Public Hearin _for adoption of Chapter 11 {Zoning MOTION: Tangen moved, seconded by Bentley, to set July 6, 1982, as the date for a Public Hearing for the adoption of Chapter 11 (Zoning) . Motion carried unanimously. 3. Approval of Joint Cooperative Agreement for Southwest Suburban Cable Commission Resolution No. 82-126 MOTION: Redpath moved, seconded by Bentley, to approve the "Joint Cooperative Agreement for Southwest Suburban Cable Commission" with the change as recommended by the City Attorney' s Office. Motion carried unanimously. C. Report of Director of Community Services 1. Update 5^Year Capital Improvement Program for Community Services MOTION: Redpath moved, seconded by Bentley, to receive and approve the 5-Year Capital Improvement Program for Community Services. Motion carried unanimously. C City Council Minutes -6- June 1, 1982 a D. Report of Director of Public Works 1. Award Contract for Martin Drive Drainage Improvments , F.C. 52-007 (Resolution No. 82-121 ) �^ MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-121 , awarding contract for Martin Drive Drainage Improvements , I .C. 52-007 . Roll call vote: Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. 2. Award Contract for Mariann Drive Utility Improvements , I .C. 52-017 E Resolution No. 82-122 MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 1 82-122 , awarding contract for Mariann Drive Utility Improvements, T .C. 52-017. Roll call vote: Bentley, Redpatn, Tangen and Penzel voted 11aye ." Motion carried unanimously. 3. Award Contract for Westwood Industrial Park Improvements, I .C. 52-015 Resolution No.82-123) ` MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-123, awarding contract for Westwood Industrial Park Improvements , E I . C. 52-015. Roll call vote: Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. 4. Award Contract for Cam, West improvements, I .C. 52-025 (Resolution No. 82-124) MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-124, awarding contract for City West Improvements , I.C. 52-025. Roil call vote: Bentley, Redpath, Tangen and Penzel voted "aye. Motion carried unanimously. 5. Grading for Technolo Drive Director of Public Works Dietz spoke to the grading which is proposed on Technology Drive west of West 78th Street. He noted there will be some surcharging along with the work in the southwest quadrant. Dietz noted he will appear at the Watershed District meeting on June 2, 1982. X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9: 12 p.m. Motion carried unanimously.