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City Council - 12/06/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL x 3 TUESDAY, DECEMBER 6, 1983 7:30 PM, CITY HALL 7 COUNCIL MEr•1BERS: Mayor Wolfgang H. Penzel , Richard Anderson , George Bentley, Paul Redpath & George Tangen CITY 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 Robert Lambert , Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman George Tangen was absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS followingThe Agenda: ,. Tuesday,et December _ _ _ 27, 1983, at__7: 30ms m. asa the ddate tand Atime aof a Special Meeting of the Cit Counci 1 to be held i n the Council Chambers at 8950 Eden Prairie Road at which_ time requests for Industrial RevenueBonds will be heard; X .�oad- ,7j tem in the Castle Rime .area ; and X. C. Special_ Assessments/Richard Miller Homes; IX. B._ Letter from Congressman Frenzel . MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. I I . " I NI ITES A. Minutes of the City Council Meeting held _Tuesday, November 1 , 983 (continued from 11/15/83�^ - MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the November 1, 1983, meeting of the City Council as published. Motion carried with Penzel abstaining. 8. Minutes of the Special- City Council Meeting held Tuesday, November 29, 1983 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special Meeting of the City Council held Tuesday, November 29, 1983, as published. Motion carried with Anderson abstaining. i City Council Minutes -2- December 6, 1983 III. CONSENT CALENDAR A. Clerk' s License List B. Parks , Recreation & Natural Resources Commission request regarding Cross Country Ski License C. Final Plat approval for Idlewild Office Center (Resolution No. 83-290) D. Chafe Order No. 2, Lorence Addition, I .C. 52-032 E. Final Plat approval for Timber Creek Woods (Resolution No. 83-292) F. Confirmation of appointment of member to the Restoration Committee G. Apoointment of Auditor's for 1983 Calendar Year H. Regues�from S & S Land Compan (Sherman & Sorem) for an extension to the time for final approval of Municipal Industrial Development Bonds 740TION: Bentley moved, seconded by Redpath, to approve items A - H on the Consent Calendar; Staff was instructed to write let-ers on behalf of the Council to legislators , the Governor, and the Commissioner of the Department of Natural Resources regarding cross country ski licensing . Motion carried unanimously. IV. PUBLIC HEARINGS A. HIDDEN RIDGE Ron Kruger and Dick Mackenzie. Request for Zoning District Change from Rural to R1-13. 5 and Preliminary Plat of 10.3 acres for 11 lots. Location: east of County Road 4 at Duck Lake Trail . (Ordinance No. 55-83 - rezoning, Resolution No. 83-283 - preliminary plat) - Continued from 11-15-83 City Manager Juilie noted that Ron Krueger had prepared additional grading plans showing the alignment of his interior street matching the relocated intersection of Duck Lake Trail and County Road 4. Ron Krueger, developer, addressed the street alignment situation; he showed that excessive land alteration would occur if the plan to align the interior street system of Hidden Ridge with Duck Lake Trail were followed. He reviewed the options available and reported on discussions he has had with the property owner to the south. Redpa th said there are 57 units in the Mill Creek townhouse development and there are few problems with left hand turns in and out even with the amount of traffic on Highway 1. Anderson said he did not think 11 houses in Hidden Ridge would pose much of a traffic problem. Bentley asked who would pay for the improvements along County Road 4. Jullie said the developer would and this is part of the access permit agreement with Hennepin County. City Council Minutes -3- December 6, 1983 There were no comments from the audience. 4 { MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 55-83. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83•-283, approving the preliminary plat of Hidden Ridge for Ron Krueger and Dick Mackenzie. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath , to direct Staff to prepare a Summary Resolution including the recommendations of Staff and the City Council noting the scenic easement along Purgatory Creek consistent with the Purgatory Creek Study. Motion carried unanimously. i?. REQUEST FROM JOHN LIEPKE FOR COUNCIL REVIEW OF BOARD OF APPEALS & ADJUSTMENTS DECISION ON. VARIANCE �NO. 83-33 _CC(;nt nued from 11-15-83) City Manager Jullie stated this item was continued from the November } 15, 1983, meeting to allow John Liepke time to work out a suitable arrangement with his neighbors . John Liepke, 15208 Scenic Heights Road, said Jerry Halmrast had drawn a plan for a deck for the Liepke home which was acceptable to his neighbors . He presented a copy of the plan for review by the Council . Bill Gilk, 15212 Scenic Heights Road, said this was an excellent alternative , plan. He asked the City Council to approve the variance to allow for the ( porch and deck as shown on the plan. `! MOTION: Bentley moved, seconded by Redpath , to close the Public Nearing and to reverse the action taken by the Board of Appeals & Adjustments; and to allow John and Debbie Liepke a variance to build a deck and porch onto their home at 15208 Scenic Heights Road as indicated on the plan dated December 5, 1983, as drawn by Jerry Halmrast. Motion carried unani- mously. C. PUBLIC HEARING FOR BAYPOINT MANOR TO CONFORM TO THE REQUIREMENTS OF T.E.F.R.A. City Manager Jullie said notice of this Public Hearing had been published. He noted the purpose of this Hearing was to bring this project into confor- mance with "TEFRA" rules adopted after the project was approved by the City. The deficiency to be resolved by this Hearing is that the original notice did not specify the exact location of the project. There were no comments from the audience. MOTION: Redpath moved , seconded by Anderson, to close the Public Hearing and to extend bond approval for one year. Motion carried with Bentley voting "no. " City Council Minutes -4- December 6, 1983 D. RIDGEWOOD EASEMENT VACATION (Resolution No. 83-293) City Manager Jullie stated notice of this Public Hearing had been published. 1 i Director of Public Works Dietz reviewed the location of the proposed vacation. Tom Boice, represeting Centex, was present to answer questions. F There were no comments from the and-nce. MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-293, vacating utility and right-of-way easements within Ridgewood West. Motion carried unanimously. E. NORSEMAN 3rd/5th EASEMENT VACATION (Resolution No. 83- 294) City Manager Jullie stated notice of this Public Hearing had been published. Director of Public Works Dietz reviewed the location of the proposed vacation. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-294, vacating utility and right-of-way easements within Norseman Industrial Park 3rd and Norseman Industrial Park 5th Additions. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 10746 - 11053 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 10746 - 11053. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. Motion carried unanimously, VI . REPORTS OF ADVISORY COMMISSIONS A. South Hennepin Human Services Council - Mary Hayden and Rosemary Dysinger ntinued from November 15 , 1983 Rosemary Dysinger introduced Russ Striker, Executive Director of the South Hennepin Human Services Council . Dysinger reviewed the work of the Council and noted the Mini-Directory which had been prepared and distributed this Fall under the auspices of the Council . She also gave an overview of the programs offered by the Council including the Surplus Food Program, Emergency Assistance Program, H.O.M. E. , Family Violence, Child and Adult Abuse, etc. Dysinger said the Council is now involved in a coinprehesive study of human services. City Council Minutes -5- December 6, 1983 Mary Hayden reviewed the "South Hennepin Comprehensive Implementation Draft Preliminary Report" which had just been compiled by the Comprehensive Study Implementation Committee. Copies were distributed to the Council . Hayden said the Committee is looking at areas in which nothing is being done and which might be feasible. She said family violence is being stressed as an area of priority. Russ Striker added that area-wide concerns where services are lacking are going to be focused upon by South Hennepin Human Services Council . Hayden said the Committee expects to do a lot in the next three months. The Council will be updated on their activities from time to time. VII . ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 56-83, regarding Liquor License Fees City Manager Jullie stated this draft Ordinance had been placed on the agenda pursuant to the Council ' s direction of November 29th. City Attorney Pauly noted his memorandum of December 1, 1983, and said he had surveyed area communities and had determined that they were split on the issue of paying 1 i quor license fees in installments . Penzel noted his reasons for bringing this issue before the Council . i Bentley said he felt the City does not have a large number of licenses available and they should be looked at as an important commodity. They are a source of revenue to the City. He also said he felt the licenses should go to those who were able to pay for them. MOTION: Redpath moved, seconded by Bentley, to table action on this item to a date not certain. Motion carried unanimously_ VIII. APPOINTMENTS A. Aopaointment of member to the Human Rights & Services Commission to fill an,unex�i red ,term to _ __�...._._ _ .— Penzel called attention to a letter which had been received from Gary D. Peterson in which he stated he was resigning from the Human Rights & Services Commission. MOTION: Redpath moved , seconded by Anderson, to appoint Doug Beardsley to fill the unexpired term to 2/28/84 on the Human Rights & Services Commission. Motion carried unanimously. A letter of appreciation will be sent to Gary D. Peterson on behalf of the Council . l City Council Minutes -6- December 6, 1983 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - called attention to the Resource Advisory Committee of the Metropolitan Council meeting to be held at 3:00 p.m. on Wednesday, December 13, 1983. B. Report of City Attorney City Attorney Pauly reviewed Congressman Bill Frenzel ' s letter of November 30, 1983, •which addressed legislation affecting tax-exempt bonds. He explained the impact this might have on the City. Pauly said the concern individual communities would have is that the basis for issuing bonds would be a city's population. Eden Prairie would lose out if that were the case. Bentley said this would toss out the reserve fund idea which had been discussed by the City. He said other options should be considered and looked into by the City. Penzel suggested each Council member communicate with his legislators regarding this issue. C. Report of Cif Mana er s There was no report. D. Report__of Director of Community Services 1. North Stars'Agreement ' Director of Community Services Lambert called attention to his memorandum of November 30, 1983, regarding the North Stars Agreement. Penzel said he felt the City should have some guarantee as to the minimum number of hours the North Stars will use the ice. He also expressed concern about what would happen if the franchise were to move to another City. City Attorney Pauly said there are specific restrictions regarding the encumberances. He said there will be clarification on the hours of scheduling. Various points of the agreement were discussed and issues were clarified. MOTION: Bentley moved, seconded by Redpath, to recommend approval of the North Stars' Agreement relative to the construction of a locker room addition to the Eden Prairie Community Center based on l a City Council Minutes -7- December 6, 1983 these findings of fact: 1) that the land which is leased to the North Stars for their locker room facility is determined to be excess and/or surplus land presently and for the period of 20 years; 2) that the 300 hours of 'ice time constitutes excess ice time for the period of the lease; and 3) that the consideration provided by the North Stars in the agreement, which consists of building a building and the City succeeding in that building at the termination of the lease, is a fair and adequate consideration going to the North Stars. The supporting evidence for these findings is found in Charles Pappas ' memorandum to the City Council dated November 28, 1983, and April 21 , 1983. The North Stars' Agreement will reflect the amendments as noted by the Council this evening. Motion carried unanimously- X. NEW BUSINESS A. Set Tuesday, December 27, 1983, at 7:30 p-m. as the date and time of a Special Meeting of the City Council to be held in the Council Chambers at 8950 Eden Prairie Road at _which time requests for Industrial Revenue Bonds will be heard. MOTION: Redpath moved, seconded by Anderson, to set Tuesday, December 27, 1983, at 7:30 p.m. as the date and time of a Special Meeting of the Eden Prairie City Council at which time requests for Industrial Revenue Bonds will he heard. The meeting will be held in the Council Chambers at 8950 Eden Prairie Road. Motion carried unanimously. B. Road System in the Castle Ride area Penzel stated there is a need for a curb cut at the eastern end of Castle Ridge. Planning Director Enger explained the road system and the reason there was no curb cut at that junction. Penzel asked that a meeting be set up with the Castle Ridge residents so they might be able to see what is proposed in that area. Anderson asked when the semaphores will be installed at Prairie Center Drive and TH 169. Director of Public Works Dietz said MnDOT will install them in late Spring or early Summer of 1984. The City had offered the services of its traffic consultants to speed up the process. Michael Kontact will be contacted to set up a meeting with the residents and representatives from the City. v: City Council Minutes -8- December 6, 1983 C. Special Assessments/Richard Miller Homes Richard Miller, Mel Ford and Robert Davidson, attorney for Miller Homes , were present. Richard Miller addressed his letter of December 6, 1983, (see attached) regarding the special assessments - Timber Lakes. City Attorney Pauly said he was unable to find any authority which requires the City to remove the assessments and respread them nor could he find anything which would allow the City do so. Pauly noted that Chapter 429 of the State Statutes permits the reconsideration of assessments under certain circumstances and permits the reassessment after certain hearings . He said he did not feel the City had been remiss in these assessments and thus a rehearing would not be possible. Discussion ensued on the pros and cons of the proposal . It was the consensus of the Council that more information would be necessary before action could be takers, if action were to be taken. MOTION: Redpath moved, seconded by Anderson, to set Friday, December 9, 1983, at 4:30 p.m. as the date and time of a special meeting of the City Council at which time additional information will be presented relative to this matter. The meeting will be held in the Council Chambers at 8950 Eden Prairie Road. Motion carried unanimously. XI . ADJOURNMENT s MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 10:36 p.m. Motion carried unanimously.. -- —'. ' ,.�-"tn'.w af.e�p'1�.#.c-J"Y' �n .7i�4"�r��+i4�5�i�..'?�`_ �'r�'�'3 �rn�'�-ai`'"i'�raW `��k s _��'a.`�''c_ .,,• it,'