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City Council - 03/19/1985 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 19, 1985 7:30 p.m. , SCHOOL ADMINISTRATION BOARDROOM CITY COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, 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 PLEDGE OF ALLEGIANCE ROLL CALL: Council member Patricia Pidcock was absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: X. A. Discussion on meetinq with various Boards and Commissions at 6 p.m. prior to the first requ 3r // Council meetinq each most . l MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unani - mously, II . MINUTES A. Minutes of City Council Meeting held Tuesday, January 22, 1985 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, January 22J 1985, as published. Motion carried unanimously. B. Minutes of City_Counci 1 Meeting held Tuesday, February 5, 1985 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday. February 5, 1985, as published Motion carried unanimously. E 4.: 5 City Council Minutes -2- March 19, 1985 t III. CONSENT CALENDAR d A. Clerk' s License List B. Approve plans and specifications for signal installation at Prairie Center Drive and TH 169 and authorize bids to be received at 10:00 a .m. April 25, 1985, I.C. 51-398 Resolution No. 85-75 a City Manager Jullie noted that the original April 11 , 1985, date for receiving bids under item "B" had been changed to April 25, 1985, due to the backlog of plans under review by the State. MOTION: Bentley moved, seconded by Redpath, to approve items A and B on the Consent Calendar with the change as noted by City Manager Jul l ie. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct a letter to Commissioner Braun of Mn/DOT expressing the Council 's deep concern and regret in the delay in the process regarding this much needed signal . Motion carried unanimously. IV. PUBLIC HEARINGS - A. RESEARCH FARM ADDITION by Northrup King. Request for Comprehensive Guide Plan Amendment from Sports Center, Low Density Residential and High Density Residential to Regional Commercial , Office, Industrual , and Multiple Resi- dential , for 189+/- acres. Location : west of Highway 169 at Anderson Lakes Parkway, (Resolution No. 85-53 - approving Comprehensive Guide Plan Amend- ment) - continued Public Hearing from March 5, 1985 City Manager Jul l i e noted this Public Hearing had been continued from March 5, 1985. He stated the proponents had been requested to summarize data which had been previously presented. Ed Roessler, Northrup King, said they had met with representatives of the City to review the plans to be presented this evening, Dick Putnam, Tandem Corporation, reviewed the changes made between meetings . There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Nearing and to adopt Resolution No. 85-53, amending the Comprehensive Guide Plan according to the plans dated March 19, 1985. Motion carried unanimously, B. RED ROCK HEIGHTS by Jerry Halmrast and Bill Gilk. Request for Zoning District Change from Rural to R1-13. 5 for 22.6 acres , and preliminary plat of 33.9 acres into 50 lots and three outlots. Location: south of Scenic Heights Road, east of County Road 4. (Ordinance No. 7-85 - rezoning from Rural to R1-13.5 and Resolution No, 85-69 - preliminary plat) City Council Minutes -3- March 19, 1985 City Manager Jullie said notice of this Public Hearing had been published f and property owners within the project vicinity had been notified. Ron Krueger, land surveyor and representative of the proponents, addressed the request. Plannina Director Enger said this request had been reviewed by the Planning Commission at its meeting on February 11, 1985, at which time the Commission voted to recommend approval subject to the recommendations included in the Planning Staff Report dated February 5, 1985. Enger noted that the plan before the Council this evening reflected most of the changes which had been requested by the Planning Commission. Enger called attention to a memorandum dated March 14, 1985, from Director of Public Works Dietz in which provisions for sanitary sewer and storm sewer were discussed. Enger also stated that the request would required a variance from the Shoreland Management Ordinance for some lots along Red Rock Lake. Director of Community Services Lambert said the Parks, Recreation & Natural Resouces Commission had reviewed this proposal at its meeting on March 18, 1985, at which time it voted to recommend approval subject to the recomnien- dations included in the Planning Staff Report of February 5, 1985. Lambert indicated the Parks , Recreation & Natural Resources Commission's concern was largely with the trail system. Director of Public Works Dietz reviewed the sanitary sewer connections in the area and what is proposed for this development. Discussion ensued as to the type of system and the location of the system within the project. Redpath asked about the Lake Ann Interceptor. City Manager Jullie said that would involve the extension of the Red Rock pipe on the south. Dietz indicated that the Lake Ann Interceptor looks promising at this time; the City should soon receive a draft agreement regarding cost allocations. Krueger said he did not feel a sewer connection from County Road 4 will ever be needed if the lift stations proposed for this project are put in; the only benefitting properties would be the 50 lots in this proposal . Anderson asked who pays for the sewer maintenance costs. Dietz said this is paid for by City residents as a portion of the fixed charge on their sewer bills. Redpath asked if it would be possible for homeowners in an area served by a lift station to pay for the maintenance of a lift station. City Attorney Pauly said he did not think it could be done, There was discussion regarding the off-setting costs of extending the system versus lift stations. City Council Minutes -4- March 19, 1985 r Bentley asked why an outlet was being considered for School Pond. Dietz tt indicated this outlet had been included in plans for the overall system. 3 1. Anderson expressed concern about locating the pipe with regarding to where TH 212 might go. Peterson asked if an optimum level of the ponds had been determined by the. DNR (Department of Natural Resources. ) Dietz said he believed this information was available. Redpath said he did not feel the residents of the proposed area should have to pay for the outlet to School Pond. Dietz said this cost would be borne by the City and not just those residents . Krueger said an extensive study had been made on the drainage in this area. He noted the capacity of School Pond is four or five times more than has ever bee►i i n the pond. Redpath suggested this be continued for two weeks to allow the developer and engineer to work would details as to the costs involved. Bentley asked if Staff had any concerns regarding the plat; were the frontages of the lots acceptable. Enger stated that the changes which have been made have made all of the lots in the 13.5 district. He noted there would have to be some variances because of the Shoreland Management Ordinance. There were no comments from the audience . MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 7-85, Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 85-69, approving the preliminary plat of Red Rock Heights for Jerry Hal m- rast and Bill Gilk. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement with 2nd Readi nd subject to resolution of the sanitary and storm sewer issues, Motion carried unanimously, Dietz asked the Council for direction regarding the sewer issue. Bentley said he felt a lift station was a given at this stage. He said he would like to see the City contact the Watershed District for assistance regarding the School Pond outlet; the City should work with the developer regarding the pond in Outlot C. He did not feel this was worth an assessment project and hearing, Anderson said he was concern about the drainage costs being a part of the City-at-large costs, He indicated he felt the lift sta- tion should not be the responsibility of the City as a whole, Peterson concurred. City Council Minutes -5- March 19, 1985 C. Feasibility Report for Sanitary Sewer in the Paulsen's and Apple Groves { Additions, I .C. 52-061 Resolution No. 85-76 City Manager Jul l ie said notice of this Public Hearing had been published and copies of the feasibility report had been mailed to all property owners listed on the preliminary assessment roll . Director of Public Works Dietz addressed the proposal . Ron Krueger, representing Northwest Properties Corporation, called attention to a letter dated March 19, 1985, (see attached) which noted an objection to the project. Krueger said they have already done the plans and specifications and do not wish to pay the 12% charge which is usually assessed by the City. Dietz said there would be an overall reduction in the cost assessed if the City were able to use the plans which have already been drawn up for the sanitary sewer. Dennis Dirlam, representing the Paulsen's Addition portion of the proposal , indicated they also have plans available which had been drawn by RCM. MOTION: Redpath moved, seconded by Anderson to close the Public Hearing and to adopt Resolution No. 85-76, ordering improvements and preparation of plans and specifications , I .C. 52-061, sanitary sewer in the Paulsen's 1st and 2nd Additions and Apple Groves; Staff is directed to work with the developers of these subdivisions to see whether or not already prepared plans and specifications might be used. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 19081 - 19335 MOTION: Anderson moved, seconded by Bentley, to approve the Payment of Claims Nos. 19081 - 19335. Roll call vote: Anderson, Bentley. Redpath and Peterson voted "aye," Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. Findings and Conclusions relating to the request of Welcome Home tooperate a licensed residentia facility (continued from February 5, 1985 Redpath asked if this was an agreement of the findings or a report of the findings. City Attorney Pauly said it would be an adoption of the findings which would reflect all the considerations which had been discussed by the Council previously. Bentley said he felt the Minutes reflected what was concluded at that meeting. Peterson asked if there was any new information available this evening. Pauly said the Attorney General has not yet responded to his letter. City Council Minutes -6- March 19, 1985 MOTION: Redpath moved. seconded by Anderson, to adopt the Statement of Findings and Conclusions relating to the request of Welcome Home. Bentley said he would prefer to have the motion read "to accept and receive" rather than "to adopt." MOTION WITHDRAWN. MOTION: Bentley moved. seconded by Redpath, to receive and accept for informational purposes only the Statement of Findings and Conclusions relating to the request of Welcome Home and to attach these to the Minutes of the January 22, 1985, Meeting of the City Council . Motion carried unanimously. Steve Scheele, representing Welcome Home, stated he had an affidavit from West Skoglund in which Skoglund said the view presented in an affidavit submitted by Donald Sorensen was a distortion of Skoglund's point of view. MOTION: Redpath moved, seconded by Anderson., to adopt the Statement of Findings and Conclusions relating to the request of Welcome Home. Peterson indicated he would vote "no" because he would 1 i ke to wait for an opinion from the Attorney General . VOTE ON THE MOTION: Anderson and Redpath voted "yes" ; Bentley and Peterson voted "no." Anderson and Redpath asked that this item be placed on the April 16, 1985, City Council Agenda. B. Preliminary approval of Munici al Industrial Develo nent Bonds for Roberts Litho (HBP Partnership) in the amount of 1 700.006.00 (Resolution No. 85- City Manager Jul l ie noted the amount requested by HBP Partnership would fall under the City's $9.3 million allocation. Steve Hoyt, representing the proponent, was present to answer questions. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 85-77, giving preliminary approval to a project under the Minnesota Municipal Industrial Development Act, referring the proposal to the Minnesota Energy and Economic Development Authority for approval and authorizing preparation of necessary documents . Motion carried unanimously. r City Council Minutes -7- March 19, 1985 VII . PETITIONS, REQUESTS & COMMUNICATIONS There were none. VIII . REPORTS OF ADVISORY COMMISSIONS There were none. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - called attention to an article which he had written for the Eden Prairie News at the request of Publisher Mark Weber. Bentley also noted that the Transportation Advisory Board will consider the jurisdictional transfer report at its meeting tomorrow. B. Report of City Manager 1. Advisory panel to review property valuations City Manager Jullie noted a memorandum dated February 4, 1985. from City Assessor Sinell in which this matter was discussed. City Assessor Sinell addressed Minnetonka 's experience and said it was the feeling by the taxpayers in that community that they were "getting a better shake" as a result of having Board of Review Advisors. MOTION: Anderson moved, seconded by Bentley, to adopt the Staff' s recommendation regarding an advisory panel to the Board of Review. City Manager Jullie suggested appointments to this Advisory Panel be made at the next meeting of the City Council . Anderson suggested an .article be written for the Eden Prairie News and the Sailor asking for applicants. The consensus was there should be two advisors with expertise in the area of residential property values and one with expertise in the area of commercial property values. VOTE ON THE MOTION: Motion carried, unanimously. 2. Opt-Out Assistant to the City Manager Dawson reviewed what has been happening regarding the Opt-Out proposal . C. Report of City Attorney There was no report. _1 City Council Minutes -8- March 19, 1985 X. NEW BUSINESS 1. Discussion on meeting with various Boards and Commissions at 6 p.m. prior to the first regular Council meeting each month Anderson said he thought it was important for the Council to meet with the various Boards and Commissions and that this could best be accom- plished by meeting at 6 p.m. prior to the first regularly scheduled Council meeting each month. Peterson said he would be willing to communicate with each of the Boards and Commissions to see which felt the greatest need to meet with the Council and then this information could be prioritized and a schedule developed. Bentley said perhaps the Council might be willing to meet prior to one of the regularly scheduled meetings of the various Boards and Commissions if that was deemed to be best. MOTION: Anderson moved, seconded by Bentley, to schedule meetings at'6 p.m. prior to the first regular Council meeting each month at which time the Council would meet with the various Boards and Commissions on a rota- ting basis or as found necessary. Motion carried unanimously. IX. ADJOURNMENT MOTION: Bentley moved. seconded by Anderson, to adjourn the meeting at 9:25 p.m. Motion carried unanimously. E �r