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City Council - 03/01/1983 b APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH I, 1983 7: 30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George j Bentley, Paul Redpath and George Tangen # CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John Frane, Planning Dirk- tor Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Corirnuni ty Center Manager Chuck Pappas , and m Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: all members were present q I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII . B. 1 . Ed_endale Retirement Residence/CCBG Funds; and VIII. D. 2. North Stars ' Pr^o�osal - MOTION: Redpath moved, seconded by Tangen , to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 18, 1983 (Continued from 2/1/83) � _�._ Change para. 4, page 9 from "Bentley felt the areas not served would fall naturally into service as they developed, that in general the proposal was good but that the subdivisions not included should be looked at for initial Service " to read as follows: "Bentley felt the areas presently not served would naturally fall into service as they developed. In general the proposal was good but The Cove and Golden Ridge subdivisions should be included in the initial service area. " MOTION: Anderson moved, Redpath seconded, to approve the Minutes of the City Council Meeting held Tuesday, January 18, 1983, as amended and published. Motion carried unanimously. _. City Council Minutes -2- March 1, 1983 III . CON`-ENT CALENDAR A. Clerk' s License List B. Amendment to Grant Agreement between the Metropolitan Council and the City of Eden Prairie, Contract No. 79116 C. 2nd Reading of_Ordinance No.-12-82, Approval of Developer' s:Agreement for Shady Oak Amoco and Adoption of Resolution No. 83-39,, Ayprovinq Summary of Ordinance No. 12-82 and Ordering the Publication of Said Su!:pm ryr _for Shades Qak P+mr,co. Amoco Oil Station in the southwest corner of new Shady Oak Road and Crosstown 62. g D. 2nd Reading of Ordnance No. 19-82, Approval of Developer' s Agreement for Kings Forest by Centurion Compan.,y_(to _be final platted as Tanager's Creek) , and Adoption of _Resolution No. 83,40, Approving Summary of Ordinance No. 19 82 and Orderi n_g Publ i cation of Said Summary for Kings Forest. Residential develonient of 6 detached and-186� attached uni is west o1* Baker Road and south of St. John' s Woods. E. Change Order No. 5._ City!Services Project F. Approve plans and specifications and authorize bids to be received for im- p r�qv f men ts in Lorence 1st and ?_nd Addition southwest co r ne_F_6T ley View Road and Homes Slay} , I . C. 52-032 �E;eso1ution No. 8 3-4 5) G. Set Public Hearing for street name change Bryant Lane (name was usedfor t e"for rner Fl yins Cloud Dri ve between__Va11ey View Road and Shady Oak Raid) for April 5, 1983 at 7: 30 p.m. H. Set Public Hearing for street name chases and corrections in Eden View Addition west of CSAH 4 and south of Townl ni a _p Road far A 1983 at -- ------- --._ 730 p.m. I . Request for speed survey on West 78th Street from FlyingCloud Drive to + Prairie Center Drive and on Flying_ Cloud Drive ,from Shady _Oak Road' to Wash- ington Avenue Resolution No. 83-38T J. Receive 100% petition for Improvements in Norman Industrial Park and author- ize preparation of plans and specifications , I_.C, 52-048 K. Receive petition for Utility_ Improvements for the area adjacent_to Shady Oak Resolution—No.0 _a3H4`6-2 and _authorize the r-e arati,on of a .feasibility--report L . Set Public Hearing for�arti al vacation of _Ki nston Drive for Apri 1 5, 1983 Se 1 p.m. - - _ _ _._ _ : 30 M. American Red Cross Swim-A-Cross N. Request from Eden Prairie Marching Band r_s City Council Minutes -3- March 1 , 1983 There was discussion on III . E. , Change Order No. 5, City Services Project. Director of Public Works Dietz noted that not many Public Safety Buildings are built and the changes being made are largely due to the fact that not many architects are totally familiar with what is necessary in a building of this type. The concensus of the Council was that it wished to express its concern regarding the changes both in dollar amount and in nw!lber. MOTION: Redpath moved, seconded by Bentley , to adopt items A - N on the Co►:scr« Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS _ A. Peterson De_ velopment by Eugene Peterson. Adoption of Resolution No. 83•-42_ _ Approving Preliminary Plat of 1. 35 acres into two lots . Located east of County Road 1 and State Highway 169/212 intersection and south of Pioneer Trail . Director of Planning Enger reviewed the request and noted the Planning Coi;,mission had recommended approval subject to payment of the cash park fee. There were no Comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution 83-42, approving the preliminary plat of the Peter- son Development. Penzel said this illustrates the case of why property should not be zoned in advance; the potential uses are far from what he would like to see. VOTE ON THE MOTION: The motion carried with Penzel voting"no, " B. American Baptist Homes. Adoption of Resolution No. 83-43, Approving Planned Unit Development Development District to include: 1) Amendment of Original Lake Idlewild Planned Unit Development Development Plan; 2) 1st Reading of Ordinance No. 4-83, Approving Rezoning from Rural to Office, with possible variances , on a one-acre site for the proposed American Baptist Homes Corpor- ate Office Building; 3) Continued Interim Use of Existing American Baptist Homes Building as an Office for 3 years. Adoption of Resolution No. 83-44, Approving the Preliminary Plat of the one-acre site proposed for American Baptist Homes Office Building. (Resolution No. 83-43, Ordinance No. 4-83, and Resolution No. 83-44) City Manager Jullie stated official notice of the Public Hearing had been published and notices had been sent to property owners within the project vicinity. a t ' '- • ,�. k`jY`r 4M�m�h++C`k v e�R��tR. .r�xR��"i�: '�� ,::. tit'P" =�^ - i City Council Ilinutes -4- Mlarch 1 , 1983 Tom Heiberg, President of Land' Sak.e, introduced Jack Higgins , Executive Director of American Baptist Homes , and Curly Roberts , architect for the �l project. Roberts spoke to the proposal . Planning Director Enger stated this item had been reviewed by the Planning Commission at its February 14, 1983, meeting at which time it was continued to its February 28, 1983, meeting. The Commission recommended approval of the requests subject to the recommendations included in the Staff Reports of February 11 and February 25, 1983. Enger noted that architectural standards had been submitted to the City Council in writing tonight. A signage program has not been submitted at this time. Enger said this item had not been reviewed by the Parks , Recreation & Natural Resources Colmnis- sion; that will be done prior to 2nd Reading. Bentley said he felt the original plan which included smaller buildings around a central atrium was a good plan but this is a better plan. He noted this is a difficult site to work with and the proposed plan is a creative use of the property. He asked about the construction time line. Heiberg said he would propose to begin construction this Spring on the Ameri- can Baptist Homes building proposed for the north side of the property. He would like to get more favorable financing and begin construction in an east- ward direction sometime during this construction season. He stated there is a very competitive market right now for office space. Bentley asked about the status of the interim use permit requested by the American Baptist Homes a few months ago, Enger stated the present building rased by the American Baptist Homes would be included in the PUD under con- sideration. Once the American Baptist Homes moves into a new building which is to be constructed then the present structure would be used as an office structure for a period of up to three years under the terms of the PUD, according to Heiberg. Bentley said it was his understanding that an interim use is not transferable. He said he felt another request would have to come before the City Council at the time American Baptist Homes moves into its new building. Penzel said interim land uses are not approved at a whim. When such an approval is made, the Council expects certain things and the Council does not wish to make this a totally automatic consideration. Redpath said perhaps whatever provisions of the interim use which were granted to American Baptist Homes regarding number of employees allowed in the build- ing and the number of parking spaces necessary could be a part of the permit granted to Heiberg. Heiberg said he felt the interim use would be a traditional use of office space. Enger said the interim use permit which had been granted to American Baptist Hornes would expire in a matter of months. Bentley said he felt that when a specific use was determined for this building then the interim use could be looked at; in the meantime the interim use for American Baptist Homes could be extended. Anderson said he has a problem with the fact that the Parks, Recreation & Natural Resources Conunission had not reviewed this proposal in view of the fact that trails are planned around Lake ldlewild. Penzel said there have been times when the Parks , Recreation & Natural Resources Commission has not seen a proposal until after the 1st Reading due to the timing of meet- ings . 't } City Council Minutes -5- March 1 , 1983 City Attorney Pauly said he would recoriirend that the resolution relating to the PUD be taken at the same time as the 2nd Reading of the Ordinance. Discussion as to Heiberg's time line regarding contracts and contingencies followed. Pauly noted that carte blanche approval of office use is a departure from what has been done in the past. He suggested that three or four classifica- tions be drawn up with some parameters which might be acceptable to the Council and the owners. Bentley said hp did not have a problem with proceeding with the Ist Reading of the Ordinance. fie felt the Parks, Recreation & Natural Resources Coclolis sion would still have the opportunity to review the proposal ; he noted that 2nd Readings are riot automatic. Tangen said he would like to have the type of interim uses which might occur clarified by the propon`nt and City Staff. There were no coinments from the audience, MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and give 1st Reading to Ordinance 4-83. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson , to direct Staff to draft a Developer' s Agreement subject to the recommendations of the Staff, Conuni s- sions and City Council . Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to continue consideration of Resolution No. 83-43 and Resolution No. 83-44 and on the request for extension of the interim use permit to March 15, 1983. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6301 - 6511 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos . 6301 - 6511 . Roll call vote: Anderson, Bentley, Redpath , Tangen and Penzel voted "aye. " Motion carries! unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . PETIT IONS, REQUESTS & COMMUNICIATIONS A. Hennepin Count Staff presentation regarding the Draft Environmental Impact_ Statements for the proposed CSAH 62 Crosstown and CSAH 18 T � 4. City Council Minutes -6- March 1 , 1983 F City Manager Jullie introduced Vern Genzlinger and Herb Klossner from Hennepin County's Department of Transportation who provided a general review of the draft Environmental Impact Statements for CSAH 62 and CSAH 18. Genzlinger noted 14 alternatives for CSAH 18 had been reviewed by the Technical Advisory Committee and 7 of these alternates had been carried into the Environmental Impact Statement. He further reviewed the alt<<rnatives and the alignments under consideration. Genzlinger stated there will be a hearing on Tuesday, March 22, 1983, at 7: 30 p.m. at the South Hennepin Vocational Technical Institute in Eden Prairie. He said after this hearing Scott and Hennepin Counties will have to select a corridor. April 5th is the cut-off cute for ;Materials to be before the Counties . After that date a design study report will be prepared. . There was discussion as to what types of things were considered in the Environmental Impact Statement. Bentley asked when designation of the road type and the 'corridor might be expected. Genzlinger said it would be about six months . Bentley asked what the process would be should there be disagreement regarding the decision on the designation. Genzlinger said the Metropolitan Council has a procedure for working out this situation should it arise. Bentley asked about the funding for the road. Genzlinger said it is not in the Coanty's CIP at the present time. He noted they are looking into using federal bridge funds and other discretionary federal funds ; there is nothing in the budget at this time. Bentley asked how long it would be before the EIS becomes null and void if nothing is done. Genzlinger said it is a seven year period and there is a time frame. Redpath stated nothing has changed since 1971 except there is now pressure coming from the people on the south side of the river. He said part of the original objection to the crossing at 18 was that it would open up areas outside of the MUSA line. Klossner said at this time the County has no official position on CSAH 18 but they will have one after this study is completed. The County will have to take a stand in order to complete the process. Penzel stated his concern about the effect CSAH 18 iniaht have on Anderson Lakes. He noted the City has had its position in regard to CSAH 18 for well over ten years. Redpath asked what would happen if Hennepin County were to recommend a "no build" position. Klossner said then the road would probably not be built. Redpath asked if TH212 is more valuable than CSAH 18. He said he felt the State doesn' t care about CSAH 18 and the County doesn' t care about TH212. Joe Adams, member of the Technical Advisory Committee, said he had made a presentation about one year ago to the City Council regarding this proposal . He noted discrepancies in the EIS. He said he would like to make some formal recommendations. to the City Council at its next meeting so the City Council can go on record with a resolution at the time of the public hearing. Adams said he has a list of items regarding the EIS. City C,,,,inci 1 Minutes -7- March 1 , 1983 MOTION: Bentley moved, seconded by Anderson, to direct Staff to work with Joe Adams to delineate points of concern and return to the City Council at its March 15, 1983, meeting with recommendations. Motion carr•Ted unanir;ously. Anderson said he cannot understand why the State and the County work separately when it comes to planning highways; neither seems to know what the other is doing. Genzlinger said the County has representatives on State task forces and vice versa. Redpath said at a recent meeting he noted that the represen- tative from the Metropolitan Council was not aware that representatives from several cities had been meeting in regard to TH212. Genzlinger explained the various funds and the different designations used for various routes by the federal government. Genzlinger said the hearing on the Crosstown will be held on March 9, 1983, at 7:30 p.m. at the Eden Prairie High School . The record on this proposal will be closed on March 29, 1983; comments will be received up to that time. Genzlincer said the alternatives in the Crosstown proposal are in the Rowland Road area. federal aid urban funds have been earmarked for this project. Penzel asked about the improvements in the Baker Road area. Klossner said the County still intends to extend the road to Townline; this will be inclu- ded in the next five year program (1986- 1991. ) The Crosstown project will not be completed until 1986. Bentley asked about the discrepencies in the traffic flow counts in the 494 and Baker area. Genzlinger said the Metropolitan Council has appointed a task force to work on this problem; the County has had problems with these numbers in the past. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. ?C Ports of _Council Members Bentley - said he has had concern expressed regarding the light generated by the AID Building . Director of Planning Enger had checked the plans for the building and had contacted the building manager and had learned the lights will not be kept on permanently -- the light being emitted now is because they are working in the hallways at night and this should last only for a short time. Penzel_ - noted he will be out of town on April 5th and unable to attend the Council meeting. Ta_naen - noted he will be out of town on April 5th and unable to attend the Council meeting. City Council t7i nutes -$- ,a rch 1 , 1983 B. Report of City Manager City Manager "Jullie called attention to the meeting which will be held with the School Board on Tuesday, ttarch 8th at 7: 30 p.m. at the School Adrninistra- a; ti tion Building. He said he would be meeting with Dr. McCoy to prepare the agenda for that meeting. Anderson said he would like to see the safe crossings issue and the subject of community education in the area of parks and recrea- tion included as topics. 1. Edendale Retirement Center Bentley noted that under the Federal funding which has been requested the piece of property which the City has acquired for berming is causing some problems. Bentley felt perhaps some of the CDBG money which the City has been pooling might be used to help alleviate the problem. Director of Planning Enger said that Staff has been aware of the problem for about eight months. He noted the alternatives available to the City. Redpath asked what the developer was doing regarding this. He also inquired as to whether or not the berm is necessary. Enger said the land is "L" shaped and part of the land is not needed for the building so the City would be "holding" the excess property. Enger said he has looked at the preliminary numbers for costs of the building; HUD limits the profit margin. Fenzel said perhaps the City should invite representatives from the HUD regional office to see how the conditions in Eden Prairia are differ- ent from those of the inner city. Enger said funds are allocated on a state-wide or area basis. He said he was surprised that Eden Prairie had been allocated 202 funding. Enger said he wanted to explore whether or not tax increment financing might. be used to expand the CDBG funding. City Manager Jullie said the fact that we have a sizeable area already in a tax increment district should be considered. Penzel said he would be concerned about adding to that type of financing. Redpath asked if it was fair to believe that the "L" shaped piece plus the berm was what was putting this project in jeopardy. Enger said that was right. Penzel said perhaps Eagle Enterprises might want to become involved in this. Bentley said he is concerned about continuing to bank more money for this type of housing if nothing is accomplished with this project. Enger asked if the Council 's goal was still for 161 units of elderly housing. Penzel said the consensus seems to be for that, There are more people interested in these units which are not even built than there will be units available. U City Council Minutes -9- March 1 , 1983 C. Report of Ci ty_Attorney There was no report. D. Re of Director of Communes Services 1. Adult Open Skati nq Penzel said he had been contacted recently by someone who was interested in having time set aside for open skating for adults. Director of Community Services Lambert spoke to a memorandum of February 22, 1983, which addressed this issue. Lambert reviewed the concerns of the Parks , Recreation & Natural Resources Commission. Community ty Center Manager Pappas said he was pleased to have the type of citizen input that had occurred with this request. He said it was anticipated that people from outside of Eden Prairie would become involved in this program. MOTION: Tangen moved, seconded by Redpath , to allow the Community Center to proceed with Adult Open Skating Sessions to be held on Thursday evenings from 7 - 10 p.m. ; only adults 18 years and above would be allowed and the _ cost would be $2.00 per session per adult or by Community Center Ice Skating membership. notion carried unanimously. Anderson asked if anything of a similar nature is being done in swimming. Pappas said there is the Masters' Swim program and the 100 Mile Swim Club. 2. North Stars ' Proposal Director of Community Services Lambert stated Lou Nanne, General Manager of the North Stars , was present this evening to discuss with the Council the general terms of a proposal to construct team locker rooms, etc. at the Eden Prairie Community Center. Nanne reviewed what it is the North Stars needs are as far as space, times, and the costs they are willing to pay. He said the building would cost about $135 ,000 plus furnishings. The North Stars would be renting approximately 300 hours of ice time per year. The costs would be based on a ten year period. He stated their training camp begins about September 1Oth and for 21 days they would have very heavy use of the facility -- about 8 hours a day for a total of 160 hours . Over the course of the rest of the season they would use the facility about 2-3 hours a day -- over a 6 month period. He noted that other cities are vying to have the North Stars locate in their city so they are in the process of discussing the possibility with Burnsville and St. Louis Park also. Nanne said he would like to begin with this project in June or July so it would be ready for use come September. Penzel reviewed the alternatives: 1) the City would build the addition to the building which would then be "finished" by the North Stars -- the internal fixtures and the North Stars would rent 300 hours of ice time; or 2) the North Stars would build the building and the City would give them the ice time. F City Council Minutes -10- March 1 , 1983 Community Center Manager Pappas noted the Center had a $2 ,000 profit last ( year; the cost of having the North Stars purchase ice time as opposed to paying for the building would probably turn out to be the same. Nanne said he would work the figures out so that the cost would be the same. Bentley said he had received a number of phone calls from residents who ; would like to see the North Stars in Eden Prairie, He said he had requested Nanne or a representative of the North Stars to be here tonight so the Council could get an idea as to what they want. He said he would like City Staff to gather some exact numbers and alternatives to funding; this would be done in conjunction with the North Stars. { a MOTION: Tangen moved, seconded by Bentley, to authorize Staff to proceed with negotiations with the North Stars . Motion carried unanimously. E. Report of Director of Public Works 1. Award contract for Water Meter purchase (Resolution No. 83-48) MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-48, accepting the bid for the purchase of water meters , I .C. 52-044. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "'aye. " Motion carried unanimously. IX. NEW BUSINESS CThere was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 10:59 p.m. Motion carried unanimously. 171