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City Council - 08/03/1982 ,5 A APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 3, 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 Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording .Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Dean Edstrom was absent. I . ACKNOWLEDGEMENT OF PARTICIPATION IN "NO FAULT GRIEVANCE PROGRAM" Mayor Penzel noted the Eden Prairie Human Rights and Services Commission received Ca Certificate of Commendation from the Governor of Minnesota and the State Depart- ment of Human Rights for its participation in the "No Fault Grievance Process. " Penzel introduced Jeanette Mika and Larry Simenson, no-fault grievance counselors, who accepted the certificate on behalf of the Commission. II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: IX, D. 3. Authorization of easement ac ui_sition by eminent domain. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda as amended and published. Motion carried unanimously. III . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 20, 1982 Page 5, para . 5, line 2: change "now" to "in conjunction with this project." MOTION : Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, JuTy 20, 1982, as amended and published. Motion carried unanimously. 1 mmSS S City Council Minutes -2- August 3, 1982 IV. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 82-18, adopting Chapter 11 (Zoning) of Codification B. 2nd Reading of Ordinance No. 82-17, rezoning .385 acres from Rural to R1-13.5 for construction of one 1 single family home Gustafson Re- zoning_by_Paul R. Gustafson. Located across from 9635 and 9629 Sennett Place. C. Authorization to advertise for bids for construction of County Road 1 West of County Road 4 Bikeway D. Clerk' s License List E. Set Public Hearing for vacation of Sanitary Sewer Easement on Lot 2, Block 2, LeParc, for 7: 30 PM, August 17, 1982 F. Change Order No. 1, Public Safety Bui 1 di n.g G. Change Order No. 2, Public Safety/Public Works Building H. Receive petition for improvements to Homeward Hills Road between CSAH 1 and Sunn brook Road, I .C. 52-003, and authorize preparation of feasibility report�Resol uti on No. 82-195 MOTION: Bentley moved, seconded by Redpath, to approve items A - H on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. TAX INCREMENT FINANCING DISTRICT FOR EDENVALE APARTMENTS (Resolution No. 82-174) continued from July 20, 1982 City Manager Jullie explained Staff has been working with the applicants on alternatives which the City thought would be appropriate. Dan Nelson, Holmes and Graven law firm, representing Edenvale Apartments Partner- ship, said his firm had been handling the legal side of the proposal . He introduced Steve Cox from Edenvale Apartnents Partnership who had been handling the business side of the negotiations. Nelson reviewed what the request included. Cox reviewed details of what has happened over the past eighteen months. They are requesting $100,000 in tax increments in each of the first ten years of the loan. In return they will pay the City $500,000 at the end of the tenth year or they will agree to pay a negotiated interest rate on that $500,000 for an additional period of time. Nelson stated the City would have to create a Housing & Redevelopment Authority in and for the City of Eden Prairie before further steps could be taken; the Housing & Redevelopment Authority would then be the official City agency overseeing this project. 1 City Council Minutes -3- August 3, 1982 5 3 a g Cox noted if they were to be detained beyond August 17th there would be problems with their financing and with HUD. Finance Director Frane noted the process is one of negotiation. The develop- ers are under a time constraint; this is subject to further negotiation . Bentley asked what the developer would ultimately be asking for. Nelson said it is confusing because this is a whole new use of tax increment financing which was authorized by the last legislature. Nelson further interpreted the way in which his clients intended to use this financing method. -Penzel said the City would be making a rather significant contribution to this project. He stated that while this takes advantage of the legislatively conceived subsidy, it goes farther than he liked. Redpath said tie City does not have $500,000 to invest; but are 174 rental units a fair return on the community' s investment. He pointed out the need for rental housing in the City and this would help ease that need. Penzel said he would like to see the inducement to the City reexamined. Bentley stated he was involved in the Chamber of Commerce Housing Study. He said he has had an ongoing concern regarding Housing Revenue Bonds and he has an even greater concern about the nature of this entire project. He said he understands the need for rental housing, but would like to see some guidelines established for the use of financing toois available to the City. Nelson noted these are included by State Statute in the Plan. Tangen asked if the City Attorney would comment on the proposal which had been presented. City Attorney Pauly said he had reviewed the proposed Reso- lutions and the plan which had been drafted. He stated he had met with Nelson last week; the plan which was presented at that time did not spell out what the details of the City' s participation were -- that would be spelled out in a Developer' s Agreement between the HRA and the Developer. Tangen said he was concerned because the Council did not have all the facts before it -- there were too many questions unanswered. He said approval of the HRA would not mean tacit approval of the other stepsjif he were to vote in favor of the HRA. Redpath noted the Council had granted industrial revenue bonds and tax incre- ment financing for industrial purposes. This should be taken into considera- tion by the Council . Dick Feerick , 6518 Leesborough Avenue, stated he would be more comfortable with this proposal if City Manager Jullie and Finance Director Frane had more time to study it. Penzel said it has been City policy to provide opportunity for things to happen. It was his feeling the Council should consider favorably the reestablishment of the HRA. However, before taking action on the other portions of the pro- posal , Staff should draft potential guidelines while the proponents reexamine their proposal in light of the concerns of the City. Tangen concurred. . i LA City Council Minutes -4- August 3, 1982 MOTION: Redpath moved, seconded by Tangen , to adopt Resolution No. 82-174A, a resolution as to the Municipal Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota. Motion carried unanimously. i MOTION: Redpath moved, seconded by Bentley, to continue the Public Hearing on the question of the Edenvale Housing and Redevelopment Project by the Housing & Redevelopment Authority and the tax increment financing district hearing to August 17, 1982. !lotion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to instruct Staff to examine the details of the proposal , to draft guidelines and to look at alternatives 'in the next two week period and to report back to the Council . Motion carried unanimously. B. REQUEST FOR LIQUOR LICENSE FOR BROTHERS-IN-LAW, INC. dba Boardwalk Restaur- ants, Inc. (formerly Brothers Restaurant at Eden Prairie Center Charles Schwartz , President of the Boardwalk Restaurants, Inc. , addressed the request. He noted the corporation had recently purchased three of the Brothers Restaurants (Maplewood, Burnsville, and Eden Prairie. ) This is the last of the three licenses to be "transferred. " There were no comments from the audience. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to continue consideration of the license to August 17, 1982. Motion carried unanimously. \ C. KINGS FOREST_ Centurion Compapy. Request for Guide Plan change of approxi- mately 70 acres from low to medium density residential , Planned Unit Development approval of 31 single family and 153 townhouses, rezoning of 15 acres from Rural to R1-13.5 and 33 acres from Rural to RM 6.5, preliminary plat approval over the 70 acres , possible variances from the R1-13.5 and RM 6.5 Districts , and approval of an Environmental Assessment Worksheet. Located west of Baker Road and Crosstown Baptist Church , south of St. John's :foods , and east of West 66th Street' s easterly terminous (Resolution No. 82-187 - Guide Plan Change; Resolution No. 82-188 '- PUD; Ordinance No. 82-20 - rezoning; Resolu- tion No. 82- 189 - preliminary plat; and Resolution No. 82-190 - EAW) Ron Bastyr, McCombs-Knutson Associates , Inc. , and Len Thiel , Centurion Com- pany, were present. Bastyr outlined the proposed development using graphics and reviewed the various proposals which had been discussed for this property. Director o- Planning Enger said this item had been considered by the Planning Commission at its June 28, 1982, July 12 , 1982, and July 26 , 1982 , meetings . The Commission voted to recommend approval of the proposal with a recommen- dation that Kings Forest Road be connected to the west, there be no public road connection to the north at St. John' s Drive, and there be no connection of West 66th Street to the west. Enger noted the letters from Captain Wall of the Public Safety Department and Phil Mathiowetz, Fire Marshal , in which they each discussed the need for connecting roads in adjoining neighborhoods. f City Council Minutes -5- August 3, 1982 Enger further reviewed the areas where the Planning Commission differed from the Staff Report. Director of Community Services Lambert stated the proposal had been reviewed by the Parks, Recreation & Natural Resources Ccmi-n ssion at its August 2 , 1982, meeting and moved to recommend denial of the plan showing the loop road to Baker Road. It recommended approval of the plan showing Kings Forest as an east-west through street with a cul -de-sac running south off that road, west of the Creek. This cul-de-sac is to extend to the West 66th Street right-of- way for a possible future connection to blest 66th Street. Also included was approval of multi-family housing on the east side of the cul-de-sac and single-family on the west side contingent on the developer dedicating all the remaining open space adjacent to Forest Hills School/Park and constructing an 8' bikeway adjacent to Kings Forest Road and the southern cul-de-sac exten- sion. Redpath asked if there is a need for Edenvale Boulevard to go through to Baker Road. Penzel said it has been the policy of the City to connect neighborhoods whenever and wherever possible_ Enger noted "desire lines" for traffic which would be using these streets ; he explained various ways which might be incor- porated for keeping industrial traffic out of the area. Bentley said he felt it was the duty of a proponent to come with a proposal ; the duty of Staff and the Commissions would then be to act on that proposal and not to design and redesign. Dick Anderson, 14208 Charing Cross Road, asked how one would get to the park land from the school . John Palm, 6389 St. John' s Woods , commended Centurion for its work with the neighbors in explaining the proposal during the various phases. Palm said he would prefer to not have a connection from Kings Forest Road to St. John' s Drive except for knockdown barriers. He would like to see the Council adopt the Planning Commission' s recommendations regarding the other road connections . Cliff Thompson, 6559 Kurtz Lane, expressed concern about traffic on Kurtz Lane and Birch Island Road. He noted the truck traffic which is now using Kurtz Lane in the area where breakaway barriers had been promised last year. Dietz explained some of this traffic is due to road construction projects in the area . David Fisher, 6451 Kurtz Lane, said he is concerned about the long term affect this connection might have. He felt Kurtz Lane might become a major access road from the west if this connection is made. Fisher submitted a petition to close (barricade) Birch Island Road at the point it crosses the Milwaukee Road Railroad tracks which was signed by Kurtz Lane property owners . Penzel indicated Staff would review the petition and report back to the Council at its earliest convenience. Redpath said the Council has been looking at roads in that portion of the City because of the difficulty of getting from one place to another -- this is particularly important in the interest of public safety. ,L 6 City Council Minutes -6- August 3, 1982 Dick Feerick , 6518 Leesborough Avenue, stated he was in favor of the alternate plan. He suggested the Planning Commission and Parks, Recreation & Natural Resources Commission have a joint meeting someday. He did not feel it was necessary to connect the roads between neighborhoods. Lewis Kinne, 6617 Manchester Lane, said he has been a resident at that address for 18 years. He expressed his concern about the West 66th Street connection. He said people like it the way it is and do not want it changed. Hanley Anderson , 6581 Manchester Lane, said the West 66th Street connection , has been shown on all maps since he has lived in Eden Prairie; however, this should not imply that the road should be built. He said there are two ques- tions: whether or not to build the street and whether or not to build 180 units. He would like to see a knockdown barrier instead of a street connec- tion at West 66th Street. Woodrow 8jork, 14302 Stratford Road, questioned the credibility of the Planning Commission because of the vote changes made on the decision in regard to West 66th Street. He would not like the West 66th Street connec- tion made because the bad influences are kept out. The residents feel safer because theirs is a limited access area -- it is small enough so the residents know who is in their area and they wish to keep it that way. Penzel stated that the Planning Commission members had expressed they did not know what they were voting on. The tapes did show that the Planning Commission minutes expressed what the Planning Commission had done. Linda Ueland, 6924 Canterbury Lane, felt the West 66th Street connection would create unsafe conditions for children who must walk to Forest Hills School . Wayne Gilbertson, 6580 Leesborough Avenue, asked what benefit the West 66th Street connection would be to residents who presently live in the area. He is opposed to the connection; he can see no benefit. Lyle Shaw, 7001 Kingston Drive, said he feels all the streets in the area will be impacted. He is opposed to the West 66th Street connection. Phil Maller, 14202 Stratford Road, said no real need has been identified for the West 66th Street access. He felt the area does not need the extra traffic which will be generated. He is opposed. Dick Eisch, 6629 Manchester Lane, said he lives on a dead end and has not had any problems with emergency access . He noted that many residents in the area had purchased their homes because of its secluded nature. i Ken Nelson , 6600 Leesborough Avenue, said he is against the West 66th Street connection. He felt the traffic would increase greatly if this connection were made. Roger Sandvick, 14280 Stratford. Road, said he is opposed to the connection. R. C. Hahnfeldt, 6650 Leesborough Avenue, said he is opposed to the connection. I t City Council Minutes -7- August 3, 1982 Tangen said it appeared there is more than one issue under consideration. { He felt it should be referred back to the Planning Commission so it could look at the second alternative. He felt the Parks , Recreation & Natural Resources Commission had recognized a problem in the plan which came from the Planning Commission and the Planning Commission should have the oppor- tunity to examine the proposal in light of the Parks , Recreation & Natural Resources Commission' s recommendations. Because there are so very few inter- connections of the road system, there is an even greater impact on the system as a whole. Tangen said residents should take into consideration that not everyone lives on a cul -de-sac and this should be carefully looked at -- the people who live on cul -de-sacs must go past someone's home to get to where they are going -- and these are the residents who are affected. Redpath said the Council must not be parochial . It must look at 36 square miles in which there are two east/west streets -- Highway 5 and County Road 1 ; and two north/south streets -- Baker Road and Highway 4. The Council must provide a way for residents to move within those 36 square miles and, while the comments of the residents are important, the total picture must be considered. Bentley said he believes in connecting streets in neighborhoods , if public safety purposes benefit. He did not see where there is any benefit here. He felt the street width is too narrow and would create a public safety haz- ard in the connection of Kings Forest Road to St. John' s Drive. He would like to have this go back to the Planning Commission for further review. MOTION: Redpath moved, seconded by Tangen, to send the proposal back to the Planning Commission for its review of the alternative plan and to continue the Public Hearing to August 17, 1982. Tangen further directed the Planning Commission to look at one connection to the west through Kings Forest as being essential so that a long cul -de- sac is not created. Penzel asked that Kings Forest Road be looked at as proceeding westerly to connect with Edenvale Boulevard. He would suggest that the West 66th Street and St. John' s Drive connections be looked at as pedestrian access points with knockdown barriers for emergency vehicles. F Redpath called the question. Vote failed (2-2. ) Bentley asked that the Shoreland Management Ordinance be examined also to see if this is in conformance. VOTE ON THE MOTION: Motion carried unanimously. D. EDEN PRAIRIE PARTNERSHIP �y Ugdestad Investment Company. Request for a Planned Unit Development Concept approval for industrial uses on 32 acres (27 acres of which is zoned I-2) , rezoning from Rural to I-2 for approxi- mately 5 acres, preliminary plat approval of 6 rots and 3 outlots, possible variances from the 1-2 District, and approval of an Environmental Assessment Worksheet. Located in the southeast quadrant of the intersection of County Road 67 and Chicago Northwestern Railway (Resolution No. 82-191 - PUD; Ordinance No. 82-21 - rezoning; Resolution No. 82-192 - preliminary plat; and Resolution No. 82-193 - EAW) I I i City Council Minutes -8- August 3, 1982 John Shardlow and Geoff Martin of Howard Dahlgren and Associates and ( Norm Undes tad a partner in the development were present. Shardlow made the presentation of the proposal. He noted that Franklin National Bank is fee owner of the property. Planning Director Enger stated thi:, item had been before the Planning Commission at its June 14, 1982, and July 12, 1982, meetings. He noted the process had been a difficult one for the Commission because of the variables on the southern most portion of the plan. Enger reviewed the action taken by the Planning Commission. Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission (4 members present) had reviewed this at its June 21 , 1982, meeting. The plan which was approved did not have an east/west collector. It recommended an east/west trail and a southerly trail connection to Canterbury Lane. Shardlow stated when he started working with this developer one of the conditions was that the east/west residential collector be proposed as Shardlow felt very strongly that it was needed. He pointed out that if all through streets were put up to a straw vote in a neighborhood, there would not be any through streets. He feels the transitions they have come up with are acceptable. Penzel asked what Shar•dlow's position was towards the potential residential use of the portion abutting Manchester Lane and the office use of that abutting Stratford Road. Shardlow said he did not feel the office site is a good use of that property. He felt the single family off the end of Manchester Lane is possible and is a workable solu- tion which has some problems which have to be worked out .. Bentley asked City Attorney Pauly about the expansion of non-conforming land uses. Pauly said it is not permitted. Penzel asked if there had been any expansion at the Bury site. City Manager Jullie said Staff had field checked this and there had been no new buildings on the site. Redpath said an east/west connection would improve the marketability of the industrial use which is one of the alternatives . Roger Sandvick, 14280 Stratford Road, noted a letter of August 2, 1982, which he had sent to the Mayor and Council (copy is attached to these Minutes . ) He stated he felt an office condominium is the best transitional use. He felt an industrial use would have an adverse affect on his property value due to the noise and additional traffic from trucks . He noted his letter contained three recommendations . He felt the zoning ordinance will be violated if this is allowed as proposed. City Attorney Pauly noted that 26;� acres under consideration have been zoned industrial for a long time and the Council should take this into consideration. _ City Council Minutes -9- August 3, 1982 Woodrow Bjork, 14302 Stratford Road, said he concurred with Sandvick' s letter. He stated he had met with Dahlgren representatives and had discussed use of the southern parcel . He felt this is a malleable issue. Dick Feerick, 6.518 Leesborough Avenue, said he liked what the developer is attempting to do relative to the transition. He would not like to see the cul-de-sac extended. Phil Maller, 14202 Stratford Road, said he has found the developer to be fairly flexible and willing to work with the neighbors. Bob Hoel , 6510 Manchester Lane, said he would like to 'see the lines of transition extended to 200' ; he could live with that. Penzel said it was his inclination that there should be a reasonable buffer, an east/west street connection to Kings Forest Road in the Centurion parcel , and that an office condominium building might not be the most valid use of the site south of the east/west road. He recommended the Council refer the matter back to the Planning Commission and continue the Public Hearing to August 17th. Shardlow said the rights of the adjacent landowner mist be considered; he felt the 200' buffer to be more than is included in any ordinance in the Metropolitan area. He said that specific proposals for each site would be before the various Commissions and the Council prior to final approval at which time modifications could be made; the action requested tonight was for PUD concept approval . He further explained the position he was in regarding the approval which had been given by the Planning Commission in which there was no east/west connection and which action had been a part of the agreement between the Undestad Invest- ment Company and Franklin National Bank. Bentley said he ►was not satisfied with the proposal in its present form. Tangen said he would like to see how this proposal integrates with the pre- vious proposal which was heard this evening. He felt it should be referred back to the Planning Commission. He would recommend the Planning Commission look at the two proposals together. Redpath said he agreed with what had been said. He felt there must be an east/west connector and a buffer between the residential property and the development to the north, MOTION: Redpath moved, seconded by Bentley, to continue the Public Hearing to August 17, 1982, and to refer the proposal back to the Planning Commission. Motion carried unanimously. , VI . PAYMENT OF CLAIMS NOS. 2954 - 3161 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos . 2954 - 3161. Roll call vote: Bentley, Redpath, Tangen, and Penzel voted "aye. " Motion carried unanimously. City Council Minutes -10- August 3, 1982 V I I. REPORTS OF ADVISORY COMMISSIONS C There were no reports . VIII . ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 1-82, adopting the City Code MOTION: Tangen moved, seconded by Bentley, to give 1st Reading to Ordinance No. 1-82, adopting the City Code. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Tan-9 en - stated he had seen the play "Oliver" and thought the Commission which sponsored it should be commended. MOTION: Tangen moved, seconded by Redpath, to commend the Historical & Cultural Commission for sponsoring the Eden Prairie Community Theatre. Motion carried unanimously. PenzeI - suggested the name of the Historical& Cultural Commission be changed to reflect its involvement in the Fine Arts. MOTION: Tangen moved, seconded by Redpath , to request the Historical & Cultural Commission to change its name to the Historical & Fine Arts Commission . Motion carried unanimously. . B. Report of City Manager There was no report. C. Report of Ci tj Attorney There was no report. D. Report of Director of Public Works 1. Award contract for West 69th Street and Vicinity Drainage Improvements , I .C. 52-004 Resolution No. 82-196 Director of Public Works Dietz summarized the bids for the project. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 82-196 , awarding the contract for West 69th Street and Washington Avenue drainage improvements. Rpll call vote: Bentley, Redpath, Tangen, and Penzel voted "aye. " Motion carried unanimously. 9 City Council Minutes -11- August 3, 1982 2. Award contract for Mitchell Lake Estates 2nd Improvements, I .C. 22--O3o TResolution No. 82-199 Director of Public Works Dietz reviewed this project. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-199, awarding the contract for Mitchell Lake Estates 2nd Addition Improvements. Roll call vote: Bentley, Redpath, Tangen and PenzeT voted "aye. " Motion carried unanimously. 3. Authorization of easement acquisition by eminent domain Director of Public Works Dietz spoke to the necessity for this action in conjunction with the Schooner Boulevard Project. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-197, authorizing and directing the acquisition of certain lands by eminent domain. Roil call vote: Bentley, Redpath, Tangen and • Penzel voted "aye. " Motion carried unanimously. X. NEW BUSINESS A. Meeting with Planning Commission MOTION: Redpath moved, seconded by Penzel , to schedule a Joint Meeting of the Planning Commission and the City Council for 6 p.m. on Tuesday, (� August 17, 1982, prior to the Regular Meeting of the City Council . Motion carried unanimously. B. Redpath noted that Cliff Thompson and Tony Hirt have donated and hooked up a used air conditioner for the Senior Citizen Center. He recommended a letter be sent to them thanking them, on behalf of the Council , for this. XI. ADJOURNMENT MOTION: Redpth moved, seconded by Tangen, to adjourn the meeting at 11:44 p.m. Motion carried unanimously. I