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City Council - 10/18/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 18, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, Geor Bentley, Paul Redpath and George Tangen ' CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roge Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert, and Record i ng Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL : All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. A. Discussion of Liquor License Fees, IX. D. 3. Request from Eden Prairie Foxjets , III . M. Request from J. Ljepke for Appeal of Board of Appeals and Adjustments Deci ion Regarding a Deck, an to be added to item III. A. Clerk's License List - temporary beer license for Eden Prairie (Youth) Football Association for MN State Class. B & C Adult Flag Football Playoff (Flying C',oud Field, October 29 and 30), MOTION: Tangen moved, seconded by Redpath, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. II . MINUTES A. Special Cif Council Meeting held Tuesday, September 27, 1983 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the Special City Council Meeting held Tuesday, September 27, 1983, as published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday. October 4, 1983 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, October 4, 1983, as published. Motion carried unanimously. 4 City Council Minutes -2- October 18, 1983 III . CONSENT CALENDAR CA Clerk 's License List - as amended B. Reject Bid of Phase I Cummins-Grill Homestead and Authorize to Rebid C. Final Plat Approval for North Bay of Timber Lakes (Resolution No. 83-258) D. 2nd Reading of Ordinance No: 44-83, Zoning from Rural to RM-2.5, for Preserve Manor Addition by Quality Homes , Approval of Developer's Agreement for Preserve Manor Addition, and Adoption of Resolution No. 83-256, Approv- ing Summary of Ordinance No. 44-83 and Ordering the Publication of said Summary for Preserve Manor Addition. 4.04 acres for 32 units. Location: northeastst corner of CenterWay and Anderson Lakes Parkway, E. Final Plat Approval for the Preserve Manor Addition (Resolution No. 83-259) F. 2nd Reading of Ordinance No. 31-83, Zoning from Rural to Office for James Refrigeration, Approval of Developer' s Agreement for James Refrigeration, and Adoption of Resolution No. 83-254, Approving Summary of Ordinance No. 31-83, and Ordering the Publication of said Summate of James Re ri�era n. 2. 16 acres at the southwest corner of Shady Oak Road and U.S. Highway 169. G. Final Plat Approval for Northmark 4th Addition (Resolution No. 83-261) � r i H. 2nd Reading of Ordinance No. 47-83, Zoning from Rural to R1-13.5, R1-9.5, and RM-6.5 for A e Groves y Northwest Properties,-Approval o Deve operas Agreement for Apple Groves, and Adoption of-Resolution No. 83-255, Approving Summary of Ordinance No. 47-83, and Ordering Publication of Said Sum�nar r�or , Apple Groves. 40.91 acres for 162 units. Location: south of Valley View Road and west of Lorence Addition . l 0 I . 2nd Reading of Ordinance No. 54-83, amendina City Code Chapter 2 by adding thereto Section 2.87 relating to the establishment of a Civil Defense Agency, and adopting by reference City Code Chapter 1 and Section 2.99 which, among other things , contain penalty provisions. J. 2nd Readinq of Ordinance No, 49-83 Zoning from Rural to Regional Commercial 1 service and Approval of Reso ution No. 83-263, Approving Site Plan for Ricky 6 Ites for Prairie Wash' Addition.no 1,56 acres for car wash/office at southeast quadrant of Prairie Center Drive and Valley View Road. r K. Final Plat approval for Prairie Wash Addition (Resolution No. 83-260) L. Award Contract for Lime Sludge Removal , 1983 (Resolution No. 83-262) r r M. Re ug est from John Liepke for Appeal of Board of Appeals and Adjustments Decision Regardin a Deck - Public Hearing Set or November 15, 1983 MOTION: Bentley moved, seconded by Anderson, to adopt items A - M on the Consent Calendar. Motion carried with Tangen voting "no" on item F. to be r consistent with his previous votes regarding this item. l City Council Minutes -3- C--tober 18, 1983 IV. PUBLIC HEARINGS A. BLUFF RIDGE by Mark Charles. Request for Comprehensive Guide Plan Amend- ment from Low Density Resi ential to Medium Density Residential , Planned Unit Development District Review and Zoning from Rural to RM-6.5 and R1-9.5 for 88 units, and Oreliminary Plat of 16.2 acres for mixed residential use. Location: southeast: quadrant of County Road 1 and Franlo Road. (Resolution j No. 83-251 - Comprehensive Guide Plan Amendment, Ordinance No. 51-93 - PUD ,( District and Zoning, and Resolution No. 83-252 - preliminary plat) t City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. `lark Peterka and Charlie Coombs , developers, addressed the proposal . Director of Planning Enger said this item had been reviewed by the Planning Commission at its meetings on August 8, August 29, and September 26, 1983. At its meeting on September 26th, the Commission voted to recommend approval subject to the recommendations included in the Staff Report of September 23, 1983. He noted that trees dictated where the units would be placed; other changes were made in the plan between the time it was first presented ` and the time it was approved to reflect areas of concern which had been expressed by Staff and the Planning Commission. Director of Community Services Lambert noted the Parks , Recreation & Natural Resources Commission had reviewed this request at its meeting on October 17, 1983, at which time it voted to recommend approval subject to the recommendations included in the Planning. Staff Report and the Supple- mentary Staff Report of the Community Services Staff dated October 11 , 1983, Anderson asked what the proposed timetable for the project is. Peterka indicated they would like to start this Fall and be able to have a model as soon as possible. Anderson asked when the neighborhood park is slated for construction. Lambert said, depending on cash park fees, construction could begin in late 1984 or 1985. Penzel asked about the extension of utilities in this area. Enger said this will be the last development south of CSAH 1 which can be serviced by the present system. Gerald Haas , 9955 Pioneer Trail , said he would like to see some other drain- age developed to serve the park and this development. He related the prob- lems which occur with the drainage system which is presently in place. He expressed concern about the problems which could occur when the park site is graded. Lambert explained he has looked at the site and has a preliminary grading plan for the park. Penzel said he thought it appropriate for the City to look at the situation prior to completion of the utility improvements for this project so the issue can be addressed. City Council Minutes -4- October 18, 1983 Jerry Hegge, IOD15 Pioneer Trail , expressed concern about the run-off. Penzel said the City should look at the alternatives and see what should be done so no undue harm is done to any of the properties. Enger noted there is a series of natural ponds which drain out of this area. He indi- cated preliminary work has been done by the developer' engineer which shows the high water levels of the ponds and what the level is at which they can be controlled. He noted what issues the City might examine. a MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 83-251, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to give 1st Reading to Ordinance No. 51-83. Motion carried unanimously. t MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-252, approving the preliminary plat of Bluff Ridge for Mark Charles (with two units dropped from the southeast corner of the plat. ) Motion carried t unanimously. F MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement taking into consideration the recommendations included in the Planning and Community Services Staff Reports. Motion carried unani- mously. MOTION: Bentley moved, seconded by Anderson, to work with the surrounding property owners to develop a plan for storm water drainage in the area and to come back to the Council with that plan. Motion carried unanimously. B. PAULSEN' S ADDITION by Dirlam Development. Request for Zoning District Change l fFom Rural to R1-13. 5 and R1-9.5 and Preliminary Plat of 21.6 acres for 43 single family residential lots. Location; south of Valley View Road, east of Ticonderoga Trail . (Ordinance No. 52-83 - zoning and Resolution No. 83-247 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. Dennis Dirlam, proponent, spoke to the proposal . Planning Director Enger said the Planning Commission had reviewed this request at its September 26, 1983, meeting at which time it voted (6-1) to recommend approval subject to the recommendations included in the September 23, 1983, Staff Report. Director of Community Services Lambert stated the Parks , Recreation & Natural Resources Commission had reviewed this at its meeting on October 17, 1983, at which time it voted to recommend approval subject to recommen- dations included in the September 26, 1983, Staff Report. i i C I City Council Minutes -5- October 18, 1983 Bentley asked where the road on the south connects . Enger said it goes into Hidden Ponds Park and then on to Dell Road. Penzel said a temporary "dead end" sign should be placed on the property so prospective buyers will realize a road connection will be made. Tangen asked if the land-locked lots could be made buildable. Jullie said easement could be required to preclude this . The easements would be for storm drainage. Penzel said in most subdivisions the City requires easements for access to ponds- which are used for storm drainage; he asked if this was required in this proposal . Enger said there are two 20' utility easements which will be required to provide this type of access. Penzel said he felt the question of connecting roads, should be addressed. It was noted that the southern road will connect from Dell Road to Valley View Road through this proposal and the Apple Groves development. Penzel asked if dedication is being made of the abandoned railroad right-of-way/ trail area. Lambert noted on a map which area the City owns and where the trail will be developed. E There were no comments from the audience. x MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing j and to give 1st Reading to Ordinance No. 52-83. Motion carried unanimously. i a MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-247, a approving the preliminary plat of Paulsen's Addition for Cirlam Development as revised 10/3/83. Motion carried unanimously. MOTION: Bentley moved , seconded by Anderson,. to direct Staff to prepare a Summary Resolution taking into consideration the recommendations of ! Staff and Commissions. Motion carried unanimously. C. FIRST NATIONAL BANK OF EDINA. Request for Site Plan Review and Zoning District Amendment from Rural to Regional Commercial Service for a drive- through banking facility. Location: Prairie Center Drive and Franlo Road. (Ordinance No. 53-83 - zoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. David Shea , architect, addressed the proposal . Director of Planning Enger said this request had been reviewed by the Planning Commission at its September 26, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the September 23, 1983, Staff Report. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this at its meeting on October 17, 1983, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and the Supplementary Staff Report. prepared by the Community Services Department Staff dated October 6, 1983. 4 r City Council Minutes -6- October 18, 1983 Penzel raised the point that this facility appears to be nothing more than a facility to be used as a depository and will not be an integral part of the community -- it does not appear that this will be a positive addition to the community. Redpath asked if this type of facility was a way of getting around the branch banking laws . Bentley said he felt there are a number of full service banking facilities in Eden Prairie and perhaps a facility of this type is needed or at least should be available. Daryl Standafer, vice president of First National Bank of Edina, said this facility is 'being built to service Eden. Prairie resi- dents who are already customers; they figure to have an 18% market share in Eden Prairie. Full banking services will be available at this facility but not necessarily on a full-time basis. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give lst Reading to Ordinance No. 53-83. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval subject to the Commission and Staff recom- mendations. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 10082 - 10300 MOTION: Bentley moved, seconded by Tangen, to approve the Payment of Claims Nos. 10082 - 10300. Roll call vote: Anderson , Bentley, Redpath, Tangen and Penzel voted "aye. Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request for authorization for approval of Phase II Renovations to the Cummins-Grill Homestead, Director of Community Services Lambert addressed the October 13, 1983, memorandum regarding this issue. Redpath asked how far the City was going to have to go in financing the restoration of the Cummins-Grill House. He asked if the Restoration Committee was going to be involved in any of this. Lambert said the building is still an eyesore; if the City were to clean up the area and make the house look better, more people might want to become in- volved. He said once the work under discussion is completed, the house will begin to -look more like the home which is illustrated in the Kouba print. Bentley noted much of the request is covered by grant money. Lambert said some of the work is covered by volunteer and in-kind labor. MOTION: Redpath moved, seconded by Anderson, to approve the recommendation for Phase II renovation of the Cummins-Grill House (approval of HOBCO's bid and authorization to proceed with the work prior to January 1 , 1984. ) Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. d City Council Minutes -7- Octooer 18, 1913 VII . PETITIONS, REQUESTS & COMMUNICATIONS A. LEE DATA ACCESS by Opus_Corporation. Request for Registered Land Survey for 0.4 acre for alternate access for Lee Data site. Location: West 70th Street at Highway 169. (Resolution No. 83-253 - approving R.L.S. ) s j Director of Planning Enger stated the nature of the request. There were questions by the Council which were directed to the developer. The developer was not represented at the meeting. MOTION: Bentley moved, seconded by Anderson, to continue the request until such time as Staff has met with Opus and Opus, is prepared to come ? before the City Council to make its intentions known. Motion carried unanimously. B. Request for Amendment to Flying Cloud Sanitary Landfill Operating Permit City Manager Jullie said Doug Coy from BFI was present to explain BFI 's proposal and noted that no specific action is requested of the Council as the Minnesota Pollution Control Agency is the approving agency. He referred to the correspondence from BFI and a drawing which showed the proposed contour revision which would result if the PCA grants approval to their amendment request. Doug Coy, BFI , reviewed what is proposed u-ing a map. He said what they are asking is permission to go into Phase 3 for operational consid- erations , mainly to reduce the elevation thereby reducing the road eleva- tion to get in to a particular area of the site; they would also like to have the slope reduced which would help with erosion control . These, he em- phasized, are only operational aspects. Bentley asked if this is in the currently approved area . Coy said it is and the volume remains the same -- it only allows them area to spread out. Penzel said this is a convenience item, Bentley asked if, simultaneously to this , there would be dedication of park land. Coy said the park dedication was part of a program which was brought about by Hustad Development. Hustad chose not to exercise its option on the park property; however, BFI has continued to honor that option and will dedicate land to the City for a park at this time. Tangen asked for Director of Community Services Lambert's opinion in regard to the park dedication. Lambert said the City had anticipated developing that park three years ago; this park has very high priority and would move some other parks back on the list of those to be developed . MOTION: Redpath moved, seconded by Bentley, to notify the Minnesota Pollution Control Agency that the City Council has no objections to the proposed change in phasing as outlined in John G. Curry's letter to Daniel A. Comeau, dated October 14, 1983. Motion carried unanimously. Concern was expressed by members of the Council as to litter being dropped inadvertently by garbage trucks. Coy said BFI has instituted a "hot line" and maybe some means of reporting such incidents can be worked out via that. City Council Minutes -8- October 18, 1983 VIII . APPOINTMENTS ,r A. A�pp ointrient of one member to the Human Rights & Services Commission to fill an unexpired term to 2/28/85 -- — a The name of Jim Van Horn was placed in nomination. MOTION: Redpath moved, seconded by Bentley, to close the nominations and to appoint Jim Van Horn to the Human Rights & Services Commission to fill an unexpired term to 2/28/83. Motion carried unanimously. j B. Appointment of Council Representative to the Preserve Area "G" Commer- cial Review Committee MOTION: Bentley moved, seconded by Anderson, to appoint Paul Redpath as Council Representative to the Preserve Area "G" Commercial Review Committee. Motion carried unanimously. IX. REPORTS -OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Discussion of Liquor License Fees - Penzel said he had received an inquiry as to whether or not the City would allow the holder of a liquor license to pay the license fee over the course of the year rather than on or before January 1. City Attorney Pauly said this is a provision of the City Code and would require a change in the Code; there is nothing in the Statutes which would allow for partial payment of a fee. The concensus was this might mean that a license holder could go out of business prior to the time that fees to date were paid. Redpath - indicated he has tickets available for the Eden Prairie Foundation Bail raffle. Penzel reminded the Council of the October 26, 1983, meeting which will be held at the Eden Prairie High School to discuss the two proposed landfill sites. He said suggestions are welcome as to whom might be spokesmen for the City and what aspects should be covered in the City' s presentation. Bentley said he would like to speak as he was on the original site selection committee. B. Report, of q_Lty Mana9er There was no report. C. Report of City Attorney City Attorney Pauly said that at the last meeting Councilman Bentley had asked if the City had authority to regulate landfills. He said according to Statute, the City can if regulations are consistent with PCA, Metropolitan Council and County regulations. Reasonable conditions can be enforced relating to the construction, operation, inspection, monitoring and maintenance of the total facility. 71" City Council Minutes -a- October 18. 1983 MOTION: Bentley moved, seconded by Anderson, to request the City ` Attorney to draft a proposal for consideration by the Council on this matter. Motion carried unanimously. D. Report of Director of Community Services 1. Review and approval of Contract for Summer Hockey School at Community Center MOTION: Bentley moved, seconded by Redpath, to continue this item to a date uncertain. Motion carried unanimously. 2. Purgatory Creek Recreation Area Master Plan Contract Director of Community Services Lambert addressed the contract and spoke to his memorandum of October 12, 1983. He asked that "who will be authorized to make all necessary decisions required" be deleted from page 5 of the contract. MOTION: Bentley moved, seconded by Redpath, to approve the Purgatory Creek Recreation Area Master Plan Contract as - amended, Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. 3. Request from Eden Prairie Foxjets Director of Community Services Lambert spoke to his memorandum of October 12, 1983, in which the request was. outlined. MOTION: Redpath moved, seconded by Anderson, to approve the Foxjets request to use the Community Center Pool from March 16 - 38, 1984, to host the Minnesota Senior Championships . Motion carried unanimously. X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10:03 p.m. Motion carried unanimously, •_ µ...._� _ '_..� .vim . �:,